Order Judgment Research Articles

Extraordinary Power of the Supreme Court: Curative Petition

Curative Petition is viewed as the ‘last remedy in the court of last resort’ and the concept has been evolved following the Doctrine of Ex Debitio Justiciae,ie., the requirement of justice must be fulfilled and Actus Curiae Neminem Gravabit meaning the act of court cannot prejudice anyone. But there is a conflicting principle that restricts the application of curative petition like Interest Reipublicae Ut Sit Finis Litium that fosters the attainment of finality of judgment in order to settle the lis between the parties and manifest certainty of rights and liabilities.

Socializing the political: rethinking filter bubbles and social media with Hannah Arendt

It is often claimed that social media accelerate political extremism by employing personalization algorithms that filter users into groups with homogenous beliefs. While an intuitive position, recent research has shown that social media users exhibit self-filtering tendencies. In this paper, I apply Hannah Arendt’s theory of political judgment to hypothesize a cause for self-filtering on social media. According to Arendt, a crucial step in political judgment is the imagination of a general standpoint of distinct yet equal perspectives, against which individuals compare their own judgments in order to test their defensibility. I argue that social media inhibit this step by gamifying the pursuit of social status, which encourages users to consider the perspectives of others not for the sake of a general standpoint but for the sake of improving their social status, resulting in self-filtering. Consequently, ameliorating political extremism on social media requires not just reforming the algorithms that deliver content to users, but the interfaces on which users present their social identities.

SCAIRM: A spatial cumulative assessment of impact risk for management

This study introduces SCAIRM, a Spatially explicit Cumulative Impact Assessment method specifically developed for application to guide Ecosystem-Based Management. The method incorporates relevant human activities, their pressures and their impacts on ecosystem components. Cumulative assessment methods usually apply categorical semi-quantitative scores based on expert judgement in order to be comprehensive, or alternatively, only cover a small subset of interactions using more sophisticated quantitative information. The SCAIRM approach aims to capture 'the best of both worlds': it builds on categorical risk-based approaches, but modified such that their outcome, i.e. Impact Risk from cumulative pressures, is conceptually identical to the outcome from the quantitative approaches. This allows harmonization of qualitative and quantitative approaches into a single method, that has the advantage that it is comprehensive and can be used in data-poor situations while allowing the use of available quantitative information in more data-rich situations. It results in an improved capacity to inform policy or provide operational-centric guidance required for the essentially sectoral management. The method was applied to the North Sea ecosystem as an illustrative example of the typical output of most Cumulative Impact Assessments: indicating the ecosystem components mostly under threat, and the main activities and their pressures responsible for it. To that end, SCAIRM provides an assessment outcome expressed in ecologically meaningful terms, i.e. potential change in state compared to an undisturbed situation, implying all receptors except the pelagic water column to be potentially “endangered” (more than 50% decrease) and requiring conservation efforts. A decision tree was developed to guide management towards an increased effectiveness showing that much of the Impact Risk (41%) is caused by few well-known stressors (7%) that are difficult to mitigate but a remaining 29% of the Impact Risk from many often lesser-known stressors (59%) where management is likely to perform better.

Understanding parameters impacting the mechanism leading to spalling around underground excavations in massive rocks under high stress

Underground excavation is required for mining engineering and nuclear waste repository. As the excavation progresses, the stress increases, and brittle failures frequently exist. Brittle failures are arranged into two types: spalling and rock bursting. Spalling in the shape of a V-notch may severely damage the machine and workers involved in its development. This potential hazard can be mitigated by fully representing all parameters that cause spalling in the model. Thus, optimized tunnel design can be achieved. As a result, the company can strike a balance between profit and safety. Several possible results can be proposed by conducting a series of sensitivity studies on a credible model based on a real-world case study of spalling in the Underground Research Laboratory (URL) in Canada. It includes predicting the Depth of Failure (DOF) of spalling by changing two main parameters, particularly strength (tensile and crack initiation) and stress (σ1). The result reveals that increasing tensile strength over UCS decreases DOF, increasing percentages of crack initiation (CI) over UCS decreases DOF, and increasing σmax over UCS increases DOF. Moreover, systematic errors in the generated model can lead to inaccurate DOF estimation. This problem must be approached with engineering judgment in order for the solution to correspond to the actual spalling phenomenon.

A direct comparison of two measures of ordinal knowledge among 8-year-olds

Children’s knowledge of the ordinal relations among number symbols is related to their mathematical learning. Ordinal knowledge has been measured using judgment (i.e., decide whether a sequence of three digits is in order) and ordering tasks (i.e., order three digits from smallest to largest). However, the question remains whether performance on these two ordinal tasks tap into similar cognitive processes. Canadian children (N = 87; Age M = 8.7 years, Grade 3) completed symbolic number tasks (i.e., number comparison, ordering, and order judgment) and measures of arithmetic fluency (i.e., addition and subtraction) and working memory (i.e., digit span backward). For both ordinal tasks, there was a reverse distance effect for ordered sequences such that children responded faster to adjacent than to non-adjacent sequences (e.g., 2 3 4 vs. 4 7 9) and a canonical distance effect for unordered sequences such that children responded faster to non-adjacent than to adjacent sequences (e.g., 4 2 3 vs. 4 9 7). Working memory and number comparison each predicted unique variance in the ordinal measures (ordering, order judgment, and a latent ordinal factor based on the two measures). Furthermore, ordinal skills superseded the role of number comparison as the key predictor of arithmetic, controlling for children’s gender and working memory skills. In summary, although both ordering and order judgment tasks index ordinal knowledge, a latent factor that excludes task-specific error may be a better index than either task separately.

An Integrated Fermatean Fuzzy Multi-attribute Evaluation of Digital Technologies for Circular Public Sector Supply Chains

The barriers to implementing circular supply chains are well explored, but very little is provided to understand how these barriers play in public sector supply chains. Consequently, the role of digital technologies in addressing these barriers in the circularity of supply chains in the public sector remains a gap. Thus, this study bridges these gaps by evaluating digital technologies according to their relevance in addressing the identified barriers. In particular, eight domain experts who have sufficient knowledge and expertise in the domains of the public sector and circular economy were asked to elicit judgments in order to (1) set a threshold that defines the list of barriers that are significant to supply chains in the public sector, (2) obtain the priority weights of these barriers through the criteria importance through intercriteria correlation (CRITIC), and (3) rank the identified digital technologies based on their relevance in addressing the identified barriers in public sector supply chains using combinative distance-based assessment (CODAS) method, all under a Fermatean fuzzy set environment to account for epistemic uncertainties in judgment elicitation processes. This novel integration of the CRITIC and CODAS methods augmented by Fermatean fuzzy sets forms the methodological contribution of this work. Findings show that barriers associated with regulations restricting the collection of wastes, poor demand or acceptance for environmentally superior technologies, lack of expertise, technology, and information, operational risk, immature recycling technologies, and information sharing and communication were considered critical in managing circular public sector supply chains. The analysis also revealed that ripple effect modeling, simulation, and artificial intelligence are the priority digital technologies. These digital technologies offer efficiency and flexibility to decision-makers in analyzing complex and dynamic scenarios before the deployment of any circularity initiative, providing crucial information in its design and implementation. This paper outlines several managerial insights and offers possible agenda for future research.

Cloud Computing for Decision Making within the Clinical Sector

Cities produce a significant quantity of land-use, ecological, economical, energy, and transportation data. An interdisciplinary approach to gathering and evaluating such massive amounts of data may provide a solution of the wide range educational, political, and regulatory, administration, and corporate decisions, as well as aid judgement in order to create a smarter ecosystem. This article proposes a cloud-based analytic service to provide an experimental and theoretical viewpoint on smart cities centered on large data gathering and evaluation. In order to showcase the effectiveness of an analytical service for large data mining, a prototype was created and constructed. Hadoop was used to develop the prototype, and the data were consistent. The tool examines the Bristol Open metadata for connections between a number of different urban ecological factors. The outcomes of experiments utilizing Hadoop are given in this article. The data catalogued was analyzed to evaluate the indicators distributed over decades to determine good and detrimental developments in standard of living, namely crimes, safety, economics, and unemployment.

Legal Judgment as Self‐Mastery

AbstractMany legal theorists see legal judgment as a largely professional or technical task. This is not how law sees itself. When looked at from the perspective of the engaged judge, law requires from us that we arrive at a certain internal governance of our thoughts and emotions. Legal scholarship and legal procedure tell us that law creates true reasons that override other, personal, reasons, even those of the utmost importance to us. A philosophical understanding of law requires a distinct argument that explains how such overriding reasons can be associated with the law and how there can be a personal duty to adapt our reasoning when we make authoritative legal judgments in order to change the lives of others. The philosophy of law needs to explain how legal judgment can be a form of self‐mastery.

766 Evaluating the Ethics of Comfort Care in Self-Immolation Burns

Abstract Introduction Self-Immolation injuries, although rare, incur a high mortality rate due to the high injury burden. These patients often require a long hospital stay including extended periods of time in the ICU due to the systemic burden of their burns. They often present with active suicidal ideation leaving medical decisions to be made by their next of kin who want to see everything done to preserve the life of their loved ones. Over the past several years our burn center has taken a more holistic approach to the care of these patients involving both the psychiatry team as well as the palliative care team to discuss concurrent treatment and prognosis with both patients and their families. Previous ICU dogma often discourage earlier palliative care consultation as many providers and families see such actions as the care team no longer wishing to provide care for patients Methods Single patient case study and review Results The early consultation of a supportive care team allowed the patient's family more access to resources to better make a better informed decision that was in keeping with the patient's wishes Conclusions Patients who commit self immolation often present with active suicidal ideations and are deemed unfit to make their own medical decisions. It is of utmost importance to not only treat their burns but also for early psychiatric treatment of their underlying condition when possible. These patients often are not coherent or are determined to not have the autonomy to make their own medical decision. Until the patient is deemed capable of making their own medical decision, it is up to the providers to determine a surrogate decision maker. The role of the surrogate decision maker is difficult as they must use substitute judgment in order to make decisions based on the subjective wishes of the patient. The difficulty in this situation arises from the fat that the decisions although made based upon the patient’s wishes can be at conflict with the patient’s best interest. When these conflicts arise it is up to medical providers to have an open dialogue and convey all revelevent information related to prognosis and outcome with the decision maker. There have been no studies that look at the ethics of palliative care among these patients and how to best honor their wishes. Applicability of Research to Practice This study is to help foster a discussion around the ethics of early discussion of palliative measures in regards to the treatment of self-immolation burns

THE SECTORAL CONSTITUTIONAL PRINCIPLES AND CRIMINAL LAW

The work on screen discusses the constitutional principles, with regard specifically to sectoral constitutional principles, in view of the need to delimit the study. The aim was to achieve the application of constitutional principles in the scope of Criminal Law, analyzing some judgments in order to understand the jurisprudential position regarding them.

Introduction: Thirty Years after Cultural Capital

Abstract This essay considers the status of John Guillory's Cultural Capital thirty years after its publication. Responding to an ongoing crisis in the humanities (which seems never to have passed) and to the “canon wars” of literary studies in the 1980s and 1990s, Cultural Capital refocused the debate about literary canons and aesthetic value away from contests of judgment in order to describe the social and institutional contexts of canon formation. What emerges from Guillory's Bourdieusian framework is a brilliant account not only of the process of canon formation but also of the professional anxieties that attend arguments about canonicity and representation. The essay explores the structure of Guillory's argument and considers why this work has been largely absent in recent debates about the state of the profession and the discipline of literary studies. The essay then introduces each contribution to this special issue, which seeks to bring Guillory's theory of canon formation back into contemporary debates about the future of literary studies, the politics of cultural representation, and the state of the humanities in crisis.

Use of Artificial Intelligence in Drug Discovery and its Application in Drug Development

Artificial intelligence is an area of computer science that deals with the ability to solve problems using symbolic programming. Artificial intelligence can help solve health-care issues with large-scale applications. Expert system development is a significant and effective application of artificial intelligence. Artificial intelligence (AI) is a technology-based system that uses a variety of advanced tools and networks to simulate human intelligence. AI makes use of systems and software that can read and learn from data and to make independent judgments in order to achieve certain goals. Its applications in the pharmaceutical area are constantly being expanded, as discussed in this chapter. Recently, healthcare sector is facing some complex challenges, such as the increased cost of drugs and therapies, and society needs specific significant changes in this area. Personalized medications with the necessary dose, release parameters, and other required aspects can be manufactured according to individual patient need with the use of AI in pharmaceutical product manufacturing. Using the latest AI-based technologies will not only reduce the time it takes for products to reach the market, but it will also improve product quality and overall safety of the manufacturing process, as well as provide better resource utilization and cost-effectiveness, emphasize the importance of automation. This chapter emphasizes the importance of artificial intelligence (AI) in the pharmaceutical sector, including drug research and development, medication repurposing, enhancing pharmaceutical productivity, and clinical trials And its current and future applications in drug discovery development.

Inclusive and Exclusive Understanding of the Doomsday Prediction Hadith

This study aims to compare the understanding of the hadith about the signs of the Day of Judgment in order to achieve an accurate understanding of the hadith of the Prophet, this research is a literature study using an analytic descriptive approach. This research is based on several pro and contra arguments related to the understanding of end-time hadith, groups or figures who welcome it with a similar response, including: the Shia sect, which thinks that at the end of time an imam named Imam Mahdi will be born who will lead the end-time ummah against all forms of abuse that is currently happening, this is what the Shi'a followers have been waiting for. Zulkifli Ali, with his argument that there is no other way than for the Muslim community to prepare themselves to welcome the arrival of Imam Mahdi and Dajjal, and the signs expressed in various hadith narrations have occurred a lot. Muhammadiyah organization, which responds to oblique hadiths that mention the appearance of an imam at the end of time (Imam Mahdi) with the argument that such an understanding comes from Shia groups that do not come from the prophet. Fazlurrahman argued that almost all hadiths that are technical in nature cannot be accounted for their authenticity to the prophet, including hadiths that discuss signs of the doomsday. This research is very urgent, because the debate over the arguments studied is directly related to facts that lead to disruption and even negative accusations against hadith speakers (Prophet Muhammad).

Information acquisition and cognitive processes during strategic decision-making: Combining a policy-capturing study with eye-tracking data.

Policy-capturing (PC) methodologies have been employed to study decision-making, and to assess how decision-makers use available information when asked to evaluate hypothetical situations. An important assumption of the PC techniques is that respondents develop cognitive models to help them efficiently process the many information cues provided while reviewing a large number of decision scenarios. With this study, we seek to analyze the process of answering a PC study. We do this by investigating the information acquisition and the cognitive processes behind policy-capturing, building on cognitive and attention research and exploiting the tools of eye-tracking. Additionally, we investigate the role of experience in mediating the relationship between the information processed and judgments in order to determine how the cognitive models of student samples differ from those of professionals. We find evidence of increasing efficiency as a function of practice when respondents undergo the PC experiment. We also detect a selective process on information acquisition; such selection is consistent with the respondents' evaluation. While some differences are found in the information processing among the split sample of students and professionals, remarkable similarities are detected. Our study adds confidence to the assumption that respondents build cognitive models to handle the large amounts of information presented in PC experiments, and the defection of such models is not substantially affected by the applied sample.

Skarga nadzwyczajna jako instrument kontroli zgodności prawomocnych orzeczeń z art. 2 Konstytucji

The Supreme Court is responsible for administering justice through extraordinary control of final court judgments in order to ensure their compliance with art. 2 of the Polish Constitution. In this paper, the research hypothesis is the significance of the functioning of an extraordinary complaint due to the principle of a democratic state ruled by law that it affirms. The research hypothesis was verified by the method of analyzing the functioning of an extraordinary complaint. Considerations on the basis of the judgment of the Supreme Court of May 8, 2019, file ref. no. I NSNc 2/19 allowed to confirm the hypothesis and to draw a conclusion that the protection afforded by the presented control measure is an important instrument for supporting effective administration of justice, and the presented task of the Supreme Court concerning the compliance of judgments with Art. 2 of the Constitution is an important and necessary competence.

IRAQ in 13th Hijri (An objective studying)

Namely, the Republic of Iraq, with its capital in the city of Baghdad, Iraq is located in the western part of the continent of Asia, and it overlooks the Arabian Gulf. It is a federal parliamentary state, and it joins the membership of the League of Arab States, the Organization of the Islamic Conference, and OPEC. In the past, Iraq was called Mesopotamia. It is well-known that Iraq is the birthplace of many prophets, including Ibrahim Al-Khalil, Adam, Noah, Hood, Salih, Solomon, Dhul-Kifl, and Ayoub, peace be upon them all. It is also considered a shrine for many imams; Such as Imam Ali bin Abi Talib, Imam AlHussein, Imam Al-Abbas, Al-Kazimeen Imams, Imam Abu Hanifa Al-Numan and others. The republic consists of 18 officially recognized governorates, and an unofficial governorate in addition to the Halabja governorate in the Kurdistan region. These governorates have a population of approximately 37,056,169 people, according to 2015 statistics; Where the Arab sects constitute 80% of the total population, the Kurds constitute 15%, and the rest of the percentages are distributed among Assyrians, Turkmen, Armenians and other minorities. It is not easy to write about creativity in Iraq for a whole century within a few papers, for it is necessary to be patient, deliberate, and cautious before rooting the saying in evaluation and judgment in order to avoid falling into error in judgments, and to achieve a greater degree of objectivity. The stage is long, the poets are many, the stations at which one should stand are many, and the articulated poems that stirred the water of the blessing, and constituted a contribution to the modernization movement, starting from the stage of revival, and until the stage of open texts at the end of the last century differed, which made most critics’ opinions focus on the eras. Which rose to the level of transformations, and included between its wings generations of creators, so the talk about generations was more systematic than others, so I referred to their combined achievements, while acknowledging some individual efforts timidly

The evolving moral economy of indebtedness in Chile: resignifying credit and debt in the oldest neoliberal society

Credit is ubiquitous in the life of Chilean households, the oldest neoliberal society. It is a key feature in the budgeting, shopping, and consuming practices of families. Consequently, to be indebted is a normal expectation in Chile. Families engage with the ‘necessary evil’ of credit in different ways, representing a massive, regular use of credit as short, medium and long-term leverage tools, with store cards being the main source of credit for lower and moderate income families in general. Moral obligations together with conventional and unconventional financial knowledge accompany the everyday situated economic practices of families. Addressing both the normalisation and the moralisation of credit, I attempt to make the case for the ongoing resignification of credit and debt and the evolving moral assessments of indebtedness, focusing on moderate and low-income households, namely those who embrace credit during recent decades. This article contributes to the discussion about the meaning of debt, to understand the financialisation of everyday life by looking at situated economic practices, and to recognise the social, moral and relational foundations of the economic practices. From the coming of the expansion of credit, households have learnt to deal with economic rationalities and internal and external moral judgements in order to justify their use of credit. Together with structural factors, this develops indebtedness assessments from detachment to naturalisation, placing credit and debt in the centre of ‘decent life’ expectations.

Rushing to Judgement: Houellebecq’s Soumission as Formative Fiction

Abstract With his 2015 novel, Soumission, Michel Houellebecq entered the debate, yet again, over the place of Islam in France, this time inspiring defences and condemnations of his depiction of a dystopian Islamic French future. This postsecular novel also intervenes in an academic debate within the field of postsecular studies: the question of passing judgement upon other cultures. In light of Houellebecq’s novel, this article re-examines the question of postsecular judgement as it has been treated by Judith Butler, Talal Asad, and Saba Mahmood. Using Joshua Landy’s idea of ‘formative fiction’, I show how the novel’s blend of genres and thematic treatment of judgement invites readers to train their capacities to slow down their pace of judgement in order to consider the ethical ramifications of judgement itself. Landy’s approach not only sheds light on an overlooked ethical dimension of the novel, it also reconciles the novel’s form with its sensational content, revealing a common thread between Houellebecq’s novel, Landy’s formative approach, and postsecular studies.

Considering the role of second-order respect in individuals' deference to dominant actors

Dominant actors are neither liked nor respected, yet they are reliably deferred to. Extant explanations of why dominant actors are deferred to focus on deferrers' first-order judgments (i.e., the deferrers' own private assessment of the dominant actor). The present research extends these accounts by considering the role of second-order judgments (i.e., an individual's perception of what others think about the dominant actor) in decisions to defer to dominant actors. While individuals themselves often have little respect for dominant actors, we hypothesized that (1) they think others respect dominant actors more than they do themselves, and (2) these second-order respect judgments are associated with their decision to defer dominant actors above and beyond their own first-order respect judgments. The results of four studies provide support for these hypotheses: across a variety of contexts, we found evidence that individuals think others respect dominant actors more than they themselves do (Studies 1–3), and perceptions of others' respect for dominant actors is associated with individuals' own decisions to defer to them, above and beyond first-order respect (Studies 3–4). Results highlight the importance of considering second-order judgments in order to fully understand why dominant actors achieve high social rank in groups and organizations.

Evaluation of Production of Digital Twins Based on Blockchain Technology

A blockchain, as a form of distributed ledger technology, represents the unanimity of replication, synchronization, and sharing of data among various geographical sites. Blockchains have demonstrated impressive and effective applications throughout many aspects of the business. Blockchain technology can lead to the advent of the construction of Digital Twins (DTs). DTs involve the real representation of physical devices digitally as a virtual representation of both elements and dynamics prior to the building and deployment of actual devices. DT products can be built using blockchain-based technology in order to achieve sustainability. The technology of DT is one of the emerging novel technologies of Industry 4.0, along with artificial intelligence (AI) and the Internet of Things (IoT). Therefore, the present study adopts intelligent decision-making techniques to conduct a biased analysis of the drivers, barriers, and risks involved in applying blockchain technologies to the sustainable production of DTs. The proposed model illustrates the use of neutrosophic theory to handle the uncertain conditions of real-life situations and the indeterminate cases evolved in decision-makers’ judgments and perspectives. In addition, the model applies the analysis of Multi-criteria Decision Making (MCDM) methods through the use of ordered weighted averaging (OWA) and the Technique of Order Preference Similarity to the Ideal Solution (TOPSIS) to achieve optimal rankings for DT production providers based on consistent weighted decision-maker’s judgments in order to maintain and to assure sustainability. An empirical study is applied to the uncertain environment to aid decision-makers in achieving ideal decisions for DT providers with respect to various DT challenges, promoting sustainability and determining the best service providers. The Monte Carlo simulation method is used to illustrate, predict, and forecast the importance of the weights of decision-makers’ judgments as well as the direct impact on the sustainability of DT production.