Fairness Judgments Research Articles

Hakim Sebagai Pembaru Hukum Dalam Sistem Peradilan di Indonesia

In Indonesia, the legal system adheres to the European continental system, which is a legacy of the legal system inherited from the Netherlands, which once colonized Indonesia and thus had a significant influence on the country's legal system. Within the framework of the Continental European legal system, judges play a crucial role in adjudicating cases and ensuring justice for all parties involved. According to the Judicial Power Law, judges are prohibited from rejecting a case and are expected to possess a comprehensive knowledge of the law. Therefore, in addition to upholding justice, judges must also be capable of creating or discovering legal principles This research employs a qualitative approach to explore the role of judges as legal innovators within Indonesia's judicial system. It concludes that in the European continental system, judges hold a highly significant position in legal innovation, which, in this context, pertains to law enforcement. In fulfilling their duties, judges must uphold values such as independence, morality, and justice to render fair judgments, aligning with the ultimate aspiration of the legal system..

Introspection of the Impact of Free Speech by Sportsman on Commercial Market and Analysing the Regulation of Speech by the Authority

Sports has been a subject of hard work and fickle pas-sion for many youngsters. The athletes and their words are prodigious and left a high impact and influence in the market. Cristiano Ronaldo putting off CocaCola incident made the company suffer a loss of $4 Billion in a day. The incident concludes the impact of sportsman’s words and gestures on the commercial market. Athletes are the most celebrated and internationally recognised and adored personalities, so the need for their freedom to express themselves ought to be paramount. The need to provide them with the right to voice their political opinion is substantially important and their narrative on politics can influence hordes of people following them. Subject to the same concern, one might have wondered and showed ire on one’s favourite sportsman for not being vocal about some country’s integrity issues. This happens because the Board regulating sports does not want them to be voiced over issues having political interests. This is done to ensure fair judgement by the people instead of being blind followers of the ideology of their favourite sportsman. ,p>So, does it mean that your favourite sportsman has waived off their freedom of speech? In this research paper, the evaluation will be of the impact of free speech by a sportsman on the political and commercial sphere. The evidentiary empirical understanding of the Board and athletes’ relation over bestowing free speech shall be the addenda to the themes.

The Presence of Bias Based on Pre-trained Language Models

One of the most active fields of machine learning research is natural language processing (NLP). Although existing linguistic machine learning models excel numerically on a variety of linguistic comprehension tasks, they frequently lack implicit bias reduction optimization. To ensure that deep learning models can avoid the traps of implicit bias and that robots can make fair judgments, bias in NLP must be addressed adequately. The ramifications of permitting biased models to reach the actual world are serious. Thus must address this issue as quickly as feasible. This paper conducted data validation-bias experiments on several real datasets to verify the presence of gender bias in the pre-trained models, then proposed a word vector balancing algorithm to modify the actual vector representation of words by biasing the models and verifying the effectiveness of the debiasing method through debiasing experiments to mitigate the gender bias of the models while ensuring data accuracy, thereby improving the fairness of the classification results. Furthermore, this paper provides more accurate information for the future development and use of deep learning.

Fairness in Assessment: Identifying a Complex Adaptive System.

Assessment design in health professions education is continuously evolving. There is an increasing desire to better embrace human judgement in assessment. Thus, it is essential to understand what makes this judgement fair. This study builds upon existing literature by studying how assessment leaders conceptualise the characteristics of fair judgement. Sixteen assessment leaders from 15 medical schools in Australia and New Zealand participated in online focus groups. Data collection and analysis occurred concurrently and iteratively. We used the constant comparison method to identify themes and build on an existing conceptual model of fair judgement in assessment. Fairness is a multi-dimensional construct with components at environment, system and individual levels. Components influencing fairness include articulated and agreed learning outcomes relating to the needs of society, a culture which allows for learner support, stakeholder agency and learning (environmental level), collection, interpretation and combination of evidence, procedural strategies (system level) and appropriate individual assessments and assessor expertise and agility (individual level). We observed that within the data at fractal, that is an infinite pattern repeating at different scales, could be seen suggesting fair judgement should be considered a complex adaptive system. Within complex adaptive systems, it is primarily the interaction between the entities which influences the outcome it produces, not simply the components themselves. Viewing fairness in assessment through a lens of complexity rather than as a linear, causal model has significant implications for how we design assessment programs and seek to utilise human judgement in assessment.

Res iudicata pro veritate accipitur w rzymskim procesie cywilnym

The article attempts to analyze the meaning of the principle of res iudicata pro veritate accipitur in the Roman civil procedure. According to Roman law, once a final judgment was handed down in a lawsuit, it was considered to be truthful and this correspondence was supported by a legal presumption. The truth could correspond to reality (material truth) or emerge from the evidence gathered in the course of a legal case (formal truth). The purpose of the court’s activity in a civil procedure is to find the truth and, consequently, to render a fair court judgment.

쿠오바디스, 차용미술의 미래는 어떻게 될 것인가?

The Supreme Court’s ruling on “Andy Warhol v. Goldsmith” (hereinafter referred to as the “Andy Warhol case”) was made on May 18, 2023. The Supreme Court agreed with the ruling of the Second Circuit Court of Appeals and ruled that Andy Warhol’s “Orange Prince” and “Prince Series” were copyright infringement, not fair use, because they could not be regarded as transformative use.
 This case will be the most important case in the art world as a ruling on fair use in the past 20 years or so. And the outcome of this ruling could have a tremendous impact on the future of appropriation art, so-called pop art.
 In the Andy Warhol case, the rulings of the first trial and the appeal trial were sharply divided. The first trial judged that Andy Warhol’s use could not be regarded as fair use for each factor of judgment, but as a result, it was fair use. However, the appeals court ruled in favor of Goldsmith, judging that the first trial court made a mistake in reviewing the fair use factors and that it was not fair use in all of the fair use judgment factors.
 Therefore, this paper analyzed the rulings in each court. In addition, the concept of appropriation art in Korea and copyright infringement cases related to the current parody were reviewed, and what judgments would be made if the Andy Warhol ruling was applied to Korea in the future.
 Finally, in Korea, it was concluded that it is desirable to actively interpret fair use doctrine as much as possible so that freedom of creation can be guaranteed if fair use is a problem in copyright infringement cases.

청각장애 중〮고등학생의 미디어 이용과 교육 현황

Purpose: In this study, media use and media education status of Deaf and Hard of Hearing(DHH) adolescents were analyzed, and the results of the study are as follows. method: To achieve the purpose of the study, questionnaire items were developed and a questionnaire survey was conducted through literature analysis and expert consultation. Results: First, the most used social media by DHH adolescents was SNS, followed by video platform, messenger service, internet portal, online cafe, online blog, and metaverse platform. The reason for using social media was not only for conversation/communication, but also for the purpose of obtaining various contents or information/news, so the reasons for using social media were more diverse than that of hearing teenagers. As a result of examining applications for DHH adolescents, it was found that there is a lack of useful applications for DHH students as most of them have no experience in using them. Second, the contents of media education received at school accounted for a high proportion of online etiquette(netiquette) education, online personal information protection methods, information search, video filming and editing, followed by fact-checking and critical criticism. Evaluation and fairness judgment of news were relatively low. The path of learning to use media was in the order of self-practice, school teacher, friend or senior, parents, and out-of-school teachers such as media education instructors. This suggests that media education is not being carried out systematically and efficiently for students with hearing impairments in schools.

“Tis Early Practice only Makes the Master”: Nature and Nurture in Economic Thinking During School Time – A Research Note on Economics Education

AbstractIn this article, we contribute to the longstanding debate among economists regarding the question of “nature or nurture” with respect to economics students’ attitudes toward various allocation mechanisms for a scarce resource. While previous research starts the debate by beginning with first-year economics students, we aim to evaluate pre-first-year individuals, i.e., school pupils. Drawing on the seminal works of Haucap, J., & Just, T. (2010). Not guilty? Another look at the nature and nurture of economics students.European Journal of Law and Economics,29(2), 239–254 and Frey, B. S., Pommerehne, W. W., & Gygi, B. (1993). Economics indoctrination or selection? Some empirical results.The Journal of Economic Education,24(3), 271–281, we investigate a sample of 697 pupils ranging from the 5th to the 13th grades to determine whether pupils are “born economists” (nature), develop economic thinking (nurture), or both. We find that young individuals start to think differently in early grades and that their thinking and attitudes are shaped differently throughout their school careers, thereby providing support for the effects of both nature and nurture. Our findings show that school time impacts fairness judgments, particularly regarding price mechanisms. Regarding learning or indoctrination, we find that economics-inclined pupils are positively affected by lessons in economics in school, while pupils who are economics-averse draw completely diametric conclusions from economics lessons, thereby exhibiting increased disapproval of price allocation over the course of these classes and increased approval of the first come, first served and governmental action mechanisms. Moreover, we find strong effects of gender and migration background in this context. This study is the first to elucidate the development of economic thinking in 5th–13th grade pupils. Our results are important for economists, educators, and researchers because they can serve as a starting point for subsequent investigations in this under-researched field.

Efficacies of suggested strength-based prediction models for estimation of compressive and tensile properties of normal concrete

One of the most crucial challenges faced by today’s construction industry for a speedy delivery is undeniably the ‘time-factor’ accompanied by promised quality within the framework of distinct budget. Strength based - Prediction models helps in estimating the early strengths as well as later-stage strength or strength at any age of concrete. Such models assist the structural and execution engineers in arriving at a fair judgement of compressive strength of concrete. A normal practice usually followed by the material testing laboratories and quality assurance cell at site is to assess the cube compressive strength of concrete which is an intrinsic engineering property governing the design and performance phase of structures. It is found from the literature that most of the prediction models that are formulated to estimate the compressive strength of concrete at any age are actually based on cylinder compressive strength of concrete. Therefore, this paper attempts to use some of the suggested prediction models with two sets of data, that is, one by considering experimental results of cube compressive strength found at the age of 7, 14 and 28-days and two by utilizing a conversion value, suitable cylinder compressive strength is obtained. These datasets are thoroughly used in the prediction models to accurately estimate the compressive strength of concrete. Similarly, appropriate prediction models are sought to determine the split tensile strength of normal concretes based on cubic compressive strength and cylinder compressive strength. Particularly, results of the present study showcase that although the prediction models are developed based on cylinder compressive strength, they can agreeably be used on cube strength data as the ratio of (Pi/Ai) obtained is the higher range of 0.85-1.00 and with only an early cube strength result, it is possible to predict an accurate value of split tensile strength of concrete at an age of 28-days. The effectiveness of suggested prediction models through statistical parameters are determined and their efficiencies are found to be in the higher range of 94% to 98%.

Where do fairness preferences come from? Norm transmission in a teen friendship network

We ran an experiment on transmission of fairness norms in a friendship network of 11–15 year olds. Experiment participants were able to observe a peer’s allocations between two anonymous others. Observing others’ choices affected both participants’ own choices and their expressed fairness judgments. Rather than learning a new norm, participants decided which of two already known norms applied in the experimental situation. We also use the social network to examine how social influence varies with friendship status and network position.

The Role of Sex in the Effect of Vocal Attractiveness on Ultimatum Game Decisions.

The present research investigated the role of sex in the effect of vocal attractiveness on fairness judgment in a two-person Ultimatum Game. Each participant in the game decided whether to accept offers from a proposer who was either associated with an attractive or unattractive voice. The results showed that while participants were more likely to accept fair offers, they would also accept some unfair offers that were associated with an attractive voice. This effect of vocal attractiveness was more clearly shown by female participants, although all male and female participants took longer to make a decision when an attractive voice was associated with an offer, regardless of whether the voice was from the same sex or the opposite sex. Overall, the results inform the role of sex in the effect of vocal attractiveness and further confirm the beauty premium effect on economic bargaining, where people with an attractive voice would benefit.

Counteractive reflections on the conceptual counteraction theory within EU case law: much ado about nothing?

... Trade mark law is not renowned for its predictability. Key notions in this field are extremely subjective. The notions of likelihood of confusion (LoC), together with the conditions for the infringement of a reputed trade mark, are examples in this sense. However, legal certainty should be the aim, the primary reason being the conduciveness of this parameter inter alia to aiding growth and investment. In this context, academia and case law are constantly searching for ‘safe harbours’. Shaping principles serves this purpose. However, these general rules should not neglect other critical objectives such as the need for fair court judgments. The fundamental question in relation to the need for fair court judgments in the field of LoC rests upon the probability of any LoC occurring in the real world. Essentially, the counteraction theory suggests that, upon fulfilment of certain conditions, conceptual dissimilarities may exclude any LoC.1 In this article, we attempt to answer the fundamental questions arising from the application of this theory in European Union (EU) case law, in particular:

Moral awareness polarizes people's fairness judgments.

How does moral awareness affect people's fairness judgments? Using a simple model of identity utility, I predict that if individuals differ in their personal fairness ideals (equality versus efficiency), reflecting over what one thinks is right should not only make people's choices less selfish but also more polarized. On the other hand, people's desire for conforming with the behavior of their peers could help mitigate polarization. I test these conjectures in a laboratory experiment, in which participants can pursue different fairness ideals. I exogenously vary (i) whether participants are prompted to state their moral opinions behind the veil of ignorance, and (ii) whether they are informed about the behavior of their peers. I find that moral introspection makes choices more polarized, reflecting even more divergent moral opinions. The increase in polarization coincides largely with a widening of revealed gender differences as introspection makes men's choices more efficiency-oriented and women's more egalitarian. Disclosing the descriptive norm of the situation is not capable of mitigating the polarization.

AUTOMATED PERSONALITY PREDICTIVE MODEL FOR E-RECRUITMENT USING LOGISTIC REGRESSION TECHNIQUE

Human personality plays a vital role in individual's life as well as in the development of an organization. Common ways to evaluating human personality is by using standard questionnaires or by analyzing the Curriculum Vitae (CV). Traditionally, recruiters manually shortlist/filters a candidate’s CV as per their requirements. In this work, a system that automates the eligibility check and aptitude evaluation of candidates in a recruitment process is developed. To meet this need an automated system module is developed for the analysis of aptitude or personality test based on candidate’s CV. The work presented in this paper determines the personality trait of applicants through CV analysis using Python upon which the Personality prediction Model is built. The result helps in evaluating the qualities in the candidates by analyzing personality trait and character of such candidate. The system provides serves as a better option for the recruitment process so that candidate’s data can extracted from CV and shortlisted for the best decision via fair judgment.

Teaching Recount Writing Skill Based on Moral Value

Moral values are defined as guidelines that assist a person in deciding between right and wrong. In order to create honest, credible, and fair judgments and relationships in daily life. This study aims to analyze how to improve the recount writing skill students of SMP Negeri 7 Alla and explore the way of teaching recount writing skill based on the moral values of Domestic Enrekang culture at SMP Negeri 7 Alla. This research was conducted teaching recount writing skill to the eighth grade student of SMP Negeri 7 Alla. This type of research is a Classroom Action Research (CAR) and the data is collected by test and observation. The researcher implementation procedure of CAR started with situation analysis, action planning, action implementation, reflection, and evaluation of the impact of the action. The finding showed that the mean score every cycle has increased. In pre-cycle, the students gain mean score 56.6. it showed that the ability of students in writing recount was poor. In the cycle I, the student gain mean score 65.5. it showed that there was progress of student ability in cycle I. In cycle II, the student got mean score 73.2. It showed that Cycle II greater that Pre-cycle and cycle I. it also prove that students have high progress in recount writing.
 Keywords: moral value, teaching, recount text, writing.

Evidence in constitutional proceedings: conceptual foundations

It is indicated that the realities of social life, the political situation, global processes of transformation of phenomena and processes require legal precision in understanding the fundamental prescriptions specified by the Constitution, as well as ensuring the compliance of legislation with its provisions. The author emphasizes that. That evidence and the corresponding activities related to their collection, research, evaluation and use have long attracted the interest of scientists from various areas of legal science. The concepts of “evidence” and “proving” are among the central ones in science and practice, which necessitated a deeper study of these issues, the separation of a separate scientific direction - the theory of evidence, especially in constitutional proceedings.Admittedly, legal knowledge as an activity can be considered as a complex system consisting of a number of elements and having a certain structure, which allows us to talk about the technological process of reproduction of legal knowledge. Analysis of the internal structure of legal knowledge makes it possible to reveal all the features of this activity in a deeper and morecomplete way. Identifying and studying how legal knowledge is built is a necessary prerequisite for solving the problems of its scientific organization and management. In legal knowledge, the central link is the theory of evidence, the core of which- the concept of “evidence” - is interpreted quite differently, especially in the constitutional judiciary.It is noted that one of the main places belongs to the process of proving and collecting evidence in constitutional proceedings. This is due to the fact that it is on the basis of correctly collected evidence that a legal and fair judgment can be rendered, in addition, the trial itself will take place in compliance with one of the leading principles - competition and equality of the parties. At the same time, proof (regardless of the type of judicial procedure) has common features as a certain type of knowledge.It is asserted that since proof is a type of cognitive process that is carried out in the order established by law and covers the activities of subjects involved in constitutional proceedings, then proof in constitutional proceedings is a type of knowledge that is carried out in the order established by law and covers the activities of subjects of entities involved in constitutional proceedings, at the same time represents a combination of both cognitive and procedural activity. At the same time, evidencein constitutional proceedings in the most general terms is information about the circumstances and facts to be established in the case, aimed at establishing the constitutional content of the norms that are the immediate object of study, obtained with the help of judicial logic, the subject of which is judicial reasoning and forensic analytics.

Evidence in constitutional proceedings: issues of methodological foundations

It is indicated that the realities of social life, the political situation, global processes of transformation of phenomena and processes require legal precision in understanding the fundamental prescriptions specified by the Constitution, as well as ensuring the compliance of legislation with its provisions. Regarding the first question, there are two ways of solving it: detailing the provisions, which to a certain extent creates bulky codified texts that are difficult to apply, or clear, comprehensive formulations of constitutional norms, which provide for the establishment of fundamental principles of the functioning of state power and society, without detailed extended texts. The practice of international constitutionalism only confirms that the last version of constitutions is more convincing to apply. For example, the Constitution of the United States of America, approved in 1787, is still in effect today and has undergone only 27 amendments. Explaining the reasons for such stability, the famous American lawyer A. Cox points out that «the original Constitution still serves us well, despite the enormous changes in all areas of the life of the United States, because the creators of the Constitution had enough wisdom to invest in it exactly as much as was needed, but no more.»
 It is noted that one of the main places is given to the process of proving and collecting evidence in constitutional proceedings. This is due to the fact that it is on the basis of correctly collected evidence that a legal and fair judgment can be rendered, in addition, the trial itself will take place in compliance with one of the leading principles - competition and equality of the parties. At the same time, proof (regardless of the type of judicial procedure) has common features as a certain type of knowledge.
 It is claimed that proof is a type of cognitive process that is carried out in the order established by law and covers the activities of subjects involved in constitutional proceedings. And therefore, evidence in constitutional proceedings is a type of knowledge that is carried out in the order established by law and covers the activities of the subjects involved in constitutional proceedings, at the same time it represents a combination of both cognitive and procedural activities. The cognitive component characterizes the process of cognition, and the procedural component characterizes the special form that cognition takes within the framework of the rules of constitutional justice.

Critical Disengagement: The Epistemic and White Supremacist Violence of Theatre Criticism in Canada and the USA

This article examines recent controversies sparked by the critical reception of work by Global Majority theatre artists in Canada and the USA, including Yolanda Bonnell, Yvette Nolan, and Antoinette Nwandu. It argues that, when faced with works that fall outside of their presumed expertise and experience, critics commonly resort to a strategy of critical disengagement, which displaces the focus from the work and refuses to evaluate it on its own terms. Through an analysis of case studies, we elucidate the concept of critical disengagement and its three distinct categories, ‘othering,’ ‘imposing’, and ‘self-staging’. These acts are representative of larger patterns in dominant theatre criticism practices, which are descended from neoclassical and Enlightenment formulations of criticism, and centre around the ideals of fair judgement and critical objectivity. When applied to the work of Global Majority theatre artists by a largely white critical establishment, they enact, consolidate, and reproduce what Gayatri Spivak calls epistemic violence. During this pivotal moment, as theatre communities in the Global North respond to calls for racial justice and decolonization, this article sheds light on the often overlooked role of criticism in sustaining white supremacy within theatre production and reception, and stresses the urgent need to re-imagine critical practices. Signy Lynch is a postdoctoral research fellow at the University of Toronto Mississauga and recipient of the Governor General’s Gold Medal (York University, 2022). She has published articles on theatre criticism and intercultural theatre in Contemporary Theatre Review, Canadian Theatre Review, and Theatre Research in Canada. Michelle MacArthur is associate professor at the University of Windsor’s School of Dramatic Art. She has published articles in Contemporary Theatre Review, Journal of Dramatic Theory and Criticism, Theatre Research in Canada, Canadian Theatre Review, and several edited volumes. She is the editor of Voices of a Generation: Three Millennial Plays (Playwrights Canada Press, 2022).

Sentence of the Court: Order and Problems of the Decision (Continuation)

The features, order and problems of sentencing are considered. The verdict of the court is the final decision in the criminal case. Particular attention in the article is paid to the order of the decision and pronouncement of the sentence and the legal status of the judge. An important problem of criminal proceedings in relation to the issuance of a reasonable and fair judgment is the imperfection of the legislation.

Evidence-Based Practice (EBP) evaluation rubric for MSN students

A rubric is a measurement tool used in assessment that recognizes the criteria for completing the tasks and provides standards for each level of performance. The use of rubrics enables educators to formulate standards and explicit grading for the students. Moreover, it provides clear guidelines to the learners regarding task expectations. Improvement in nursing research has made implementing evidence-based practice feasible for nursing students. The adoption of evidence-based care process is relatively slow in the context of nursing and there is a gap in implementing evidencebased practice in a clinical setting. The culture of evidence-based care can be adopted by enhancing the student nurses' knowledge, skills, and attitude (DiCenso et al., 1998). Educators need to formulate their teaching and assessment methodologies in a way to compel their students for achieving cognitive thinking. The higher level of competencies may be inculcated in students through involving and assessing them in evidence-based, rationalized methodologies to enhance their level of critical thinking, skills, independence, and decision-making in the provision of care. The guidelines developed for the assessment of nursing students' Evidence-Based Practice need further modification with clear measurement and level of quality for reaching each level of performance. A composite analytic rubric is suggested to use when educators assess complex skills and clinical performance of nursing students. It provides complete feedback and reduces subjectivity to a great extent due to its comprehensive dimensions. It provides a common basis of judgment, and justification in feedback and enables the teacher to make a fair, valid, and reliable judgment. Moreover, it helps students identify their strengths and weaknesses and formulate their efforts for improvement.