Prima Facie Case Research Articles

The adoption of talent retention strategies in Industry 4.0 automotive organisations: Employees’ perspective

Orientation: As the second largest employer in South Africa (SA), the automotive industry has a vital role to play in addressing global talent retention challenges in the era of Industry 4.0.Research purpose: The aim of this study was to identify talent retention strategies within automotive organisations in SA within the context of Industry 4.0.Motivation for the study: The United Nations identified 17 goals it needs to address which require the automotive industry to adopt effective talent retention strategies.Research approach/design and method: This article reports on the quantitative component of a mixed-method study conducted in the South African automotive industry where data were collected from human resource (HR) and operational employees in automotive organisations through convenience sampling.Main findings: The talent retention strategies need to be more effective to retain Industry 4.0 talent as a ‘one-size-fits-all’ approach is not ideal.Practical/managerial implications: Addressing the sustainable development goals in Industry 4.0 will require the upskilling and reskilling of current employees by means of target interventions. Ensuring the development and maintenance of a talent pool is formidable for ensuring talent sustainability in the automotive industry.Contribution/value-add: This study is a prima facie case that focusses on talent retention strategies in the context of automotive organisations in South Africa and, specifically, HR and operational employees. Also, based on the databases searched, little research was found that focussed on Industry 4.0 talent retention strategies from the perspective of the automotive industry.

Intergenerational Domination

AbstractThe political and ethical status of future generations is commonly discussed within conceptual frameworks like intergenerational justice, rights, or welfare. In this article, I argue that the concept of domination can provide a novel perspective on the philosophy of intergenerational relations. To that end, I first advance and defend a (slightly) revised conception of domination, drawing on Philip Pettit’s neorepublican view. Second, I establish a prima facie case for the existence of intergenerational domination and address four major objections to the claim that the present generation dominates future generations: the non-concurrency challenge, a modified version of the non-identity problem, the inescapability objection, and the problem of historical domination. Finally, I explore some implications and conceptual advantages of the framework of intergenerational domination. As a theoretical foundation of a comprehensive analysis of structures of domination, the proposed framework may contribute to identifying and reducing domination within and across generations.

On some aspects of the WTO Jurisprudence and Dispute Settlement Mechanism

The paper first explores certain aspects of dispute resolution mechanism implemented within the World Trade Organization and then proceeds with the legal analysis of a number of legal presumptions, concepts and principles both of procedural and substantive legal nature developed and applicable within the framework of the above mentioned mechanism for resolving disputes between the WTO member-states. The Paper examines the main features that distinguish the dispute resolution mechanism used within the WTO from the GATT mechanism, which mechanism, i/e/ the one implemented within the WTO framework, is recognized to be more legal in nature in contrast to the more political nature of the GATT dispute resolution mechanism, given that under the GATT mechanism the direct negotiations had more weight in reaching the final settlement than within the WTO system, where formal juridical disciplines, as the practice of dispute settlement indicates, play far more role and has become a key element of the system. Also, certain procedural presumptions and principles applicable in the adjudication process as well as the procedure and feature characteristic for the enforcement of decisions are examined in the paper based on and with reference to the number of panel and Appellate Body decisions. Decisions delivered by panels and the Appelate Body represent a very important tool for the interpretation of the WTO law and shapes the practice of its implementation. In this regard, although it is not considered a formal source, Appelate Body and panel decisions should be considered as an important source of both procedural and substantive WTO law. The DSB practice established under the GATT/WTO law, on the one hand, defines a set of applicable procedural rules and on the other hand, develops the WTO substantive law by way of developing the criteria and rules governing the application of provisions of the WTO agreements and other sources governing rights and obligations of the member-states. Particular attention in this regard is paid to the peculiarities of the application of the principle of responsibility for lawful actions applied in the WTO jurisprudence, under the relevant WTO agreements and more specifically under the GATT, GATS, TRIPS and SCM Agreements. Also a number of procedural concepts the principles e.g. the “prima facie case”, “rational relationship” elaborated in the “Hormone” case, principle of multi-criteria assessment initially applied in «Korea - fresh, chilled and frozen meat» case and negative presumption rule applied by the panels are analysied.

Digital Duplicates and the Scarcity Problem: Might AI Make Us Less Scarce and Therefore Less Valuable?

Recent developments in AI and robotics enable people to create personalised digital duplicates – these are artificial, at least partial, recreations or simulations of real people. The advent of such duplicates enables people to overcome their individual scarcity. But this comes at a cost. There is a common view among ethicists and value theorists suggesting that individual scarcity contributes to or heightens the value of a life or parts of a life. In this paper, we address this topic. We make five main points. First, that there is a plausible prima facie case for the scarcity threat: AI may undermine the value of an individual human life by making us less scarce. Second, notwithstanding this prima facie threat, the role of scarcity in individual value is disputable and always exists in tension with the contrasting view that scarcity is a tragedy that limits our value. Third, there are two distinct forms of scarcity – instrumental and intrinsic – and they contribute to value in different ways. Fourth, digital duplication technology may undermine instrumental scarcity, to at least some extent, but the axiological consequences of this are highly variable. Fifth, digital duplication technology does not affect intrinsic scarcity, and may actually heighten it.

Debt and Desert

According to what may be called the Debt Model, blameworthiness is defined in terms of deserved suffering. The Debt Model has a significant implication: one is less blameworthy if one has experienced some of the suffering one deserves, and no longer blameworthy once one has experienced the full amount of suffering one deserves. Blameworthiness, according to the Debt model, is not forever. In recent papers, Clarke (2022) and Howard (2022) independently criticize the Debt Model and argue for the opposite conclusion: if one is blameworthy, one will remain blameworthy forever. In this paper, I respond to this criticism as well as a recent argument against the Debt Model from Tierney (2022). I then present a prima facie case for the Debt Model. I argue that Clarke’s attempt to accommodate the intuitions elicited by this and similar cases has unwelcome implications. I will end the paper with some remarks about what roles we want our conceptions of blameworthiness to play. If Clarke’s account were right, the fact that an agent is blameworthy would play a far less significant role in our moral life than we often tend to assume. The Debt Model, I will suggest, makes better sense of our blaming practices.

Ukraine and the opportunity costs of military aid

Abstract Western states have provided billions of dollars of military aid to Ukraine to help it in its war against Russia. Yet, despite numerous discussions of the ethical issues raised by the war, there has been little discussion of the opportunity costs of this military assistance. Is it right that the West has prioritized military assistance to Ukraine, when the conflict in Ukraine is just one of numerous challenges facing the world, from forced displacement to global poverty, preventable disease to climate change? This article offers the first detailed engagement with this issue, taking seriously the nonideal feasibility constraints that states face. It firsts set out the prima facie case against assisting Ukraine militarily due to the opportunity costs. It then explores—and largely rejects—two responses: that military assistance is required to protect Ukrainian self-determination and that it is needed to stop the march of authoritarianism. It argues that the opportunity costs objection has serious force and counts against much of the provision of military assistance to Ukraine (although not all). This argument has broader implications for the extent to which states should prioritize military aid over other means of addressing global challenges.

Detached From Humanity: Artificial Gestation and the Christian Dilemma

Abstract The development of artificial womb technology (AWT) is continuing to proceed and raises important ethical and theological questions for Christians. While there has been extensive secular discourse on artificial wombs in recent years, there has been minimal Christian engagement with this topic. There are broadly two primary uses of artificial womb technology: first, ectogestation, which is a form of enhanced neonatal care, where only some of the gestation period takes place in an artificial womb, and second, ectogenesis, where the entire period of gestation occurs in an artificial womb. It is plausible that some form of ectogestation in the latter weeks or months of pregnancy could be possible within a decade or so, while ectogenesis for humans remains far more speculative. Ectogestation is likely to significantly reduce maternal and neonatal morbidity and mortality, and so there is a strong prima facie case for supporting its development. Ectogenesis, however, may bring several challenges, including the further commodification of children, and the potential pathologizing of pregnancy and childbirth. Its long-term effects on those created through this process are also unknown. If it becomes ubiquitous, we may also find the central theological significance of pregnancy and birth diminished. The dilemma for Christians is that the development of seemingly unproblematic ectogestation is likely to normalize the use of artificial gestation, and, in time, pave the way for ectogenesis.

Should the Use of Adaptive Machine Learning Systems in Medicine be Classified as Research?

A novel advantage of the use of machine learning (ML) systems in medicine is their potential to continue learning from new data after implementation in clinical practice. To date, considerations of the ethical questions raised by the design and use of adaptive machine learning systems in medicine have, for the most part, been confined to discussion of the so-called “update problem,” which concerns how regulators should approach systems whose performance and parameters continue to change even after they have received regulatory approval. In this paper, we draw attention to a prior ethical question: whether the continuous learning that will occur in such systems after their initial deployment should be classified, and regulated, as medical research? We argue that there is a strong prima facie case that the use of continuous learning in medical ML systems should be categorized, and regulated, as research and that individuals whose treatment involves such systems should be treated as research subjects.

Why the algorithmic recruiter discriminates: The causal challenges of data-driven discrimination

Automated decision-making systems are commonly used by human resources to automate recruitment decisions. Most automated decision-making systems utilize machine learning to screen, assess, and give recommendations on candidates. Algorithmic bias and prejudice are common side-effects of these technologies that result in data-driven discrimination. However, proof of this is often unavailable due to the statistical complexities and operational opacities of machine learning, which interferes with the abilities of complainants to meet the requisite causal requirements of the EU equality directives. In direct discrimination, the use of machine learning prevents complainants from demonstrating a prima facie case. In indirect discrimination, the problems mainly manifest once the burden has shifted to the respondent, and causation operates as a quasi-defence by reference to objectively justified factors unrelated to the discrimination. This paper argues that causation must be understood as an informational challenge that can be addressed in three ways. First, through the fundamental rights lens of the EU Charter of Fundamental Rights. Second, through data protection measures such as the General Data Protection Regulation. Third, the article also considers the future liabilities that may arise under incoming legislation such as the Artificial Intelligence Act and the Artificial Intelligence Liability Directive proposal.

Carving at the Joints: Distinguishing Epistemic Wrongs from Epistemic Harms in Epistemic Injustice Contexts

Abstract This paper examines the relatively underexplored relationship between epistemic wrongs and epistemic harms in the context of epistemic injustice. Does the presence of one always imply the presence of the other? Or, is it possible to have one without the other? Here we aim to establish a prima facie case that epistemic wrongs do not always produce epistemic harms. We argue that the epistemic wrongness of an action should never be evaluated solely based on the action's consequences, viz. the epistemic and practical harms suffered by the wronged party. Instead – as we shall show – epistemic harms necessarily follow from epistemic wrongs. To conclude, we suggest ways in which extant accounts of epistemic wrongs and epistemic harms as they cash out in epistemic injustice contexts might be refined in light of our argument.

Value transparency and promoting warranted trust in science communication

If contextual values can play necessary and beneficial roles in scientific research, to what extent should science communicators be transparent about such values? This question is particularly pressing in contexts where there appears to be significant resistance among some non-experts to accept certain scientific claims or adopt science-based policies or recommendations. This paper examines whether value transparency can help promote non-experts’ warranted epistemic trust of experts. I argue that there is a prima facie case in favor of transparency because it can promote four conditions that are thought to be required for epistemic trustworthiness. I then consider three main arguments that transparency about values is likely to be ineffective in promoting such trust (and may undermine it). This analysis shows that while these arguments show that value transparency is not sufficient for promoting epistemic trust, they fail to show that rejecting value transparency as a norm for science communicators is more likely to promote warranted epistemic trust than a qualified norm of value transparency (along with other strategies). Finally, I endorse a tempered understanding of value transparency and consider what this might require in practice.

현행 문서제출명령 제도 보완에 관한 소고

Although the current document production order system has been evaluated as a generalized obligation to produce documents, it has limitations due to the fact that it recognizes a wide range of exceptions and lacks strong and effective sanctions for non-compliance with document production orders. Article 344(2) of the Civil Procedure Act stipulates that general documents are subject to the obligation to produce, but excludes documents possessed by governmental entity. If the subject of a document production order is a third party, the penalty is a fine of not more than 5 million won, and if the subject of the order is a party, the court may recognize the other party's claim that the document is true. In order to overcome the limitations of the document production order system and improve its effectiveness, it is necessary to expand the material and personal scope of the obligation to produce, i.e., documents possessed by governmental entity should be included in the same way as general documents, and information stored in electronic form should be expanded to be submitted. Sanctions for production orders should also be strengthened. Where documents are under the control of the other party, such as in modern litigation, it is reasonable to assume that a party's failure to comply with a production order is a prima facie case. In addition, the discretionary sanction method should be changed to a mandatory sanction method, and the means of sanction should be diversified, such as increasing the penalty. In addition, it is desirable to change the procedure for appealing an order to produce documents to an appeal procedure at the appropriate level instead of an immediate appeal.

Exploring Factors Underlying Intermediate Students’ Silence in English as Second Language Classroom: A Phenomenological Case Study

English is a prima facie case of high significance in the academic milieu. Therefore, the researchers attempted to understand students' performance, participation, and willingness to communicate; however, students’ silence in English as second language (L2) has received little attention leaving a chasm for investigation. Thus, this study aimed to explore the factors underlying students’ silence, and to uncover the dynamics of interaction of these factors in L2 classroom. To answer research questions, the pragmatist explanatory sequential design was adopted. The participant selection rested on silent student identification through quantitative survey results, and then interviews were conducted with the selected participants. The findings suggested that anxiety, fear, lack of confidence, lack of L2 knowledge, and first language interference impact students’ participation in L2 classroom resulting in silence. These problems directly affect students' speaking proficiency, speaking with confidence, and participating in L2 activities. This implies that the students need appropriate training of L2. Moreover, the innovative teaching methods may prove instrumental in developing students’ motivation to initiate active participation in L2, a conducive classroom environment creates a supportive culture for mustering courage to participate in L2 discussion without being belittled by the peers or teacher that may cause fear, anxiety, lack of confidence, and feelings of demotivation among learners which may limit learning experience in L2. Future research may focus on the instructor’s perspective to comprehend students’ in L2 classroom. The parental role in family structure, home psychology, and home sociology may induces silence. Mores studies may opt for cross sectional and longitudinal investigations. Keywords: silence, confidence, L2 classroom, medical students, Government College

Effects of job demands and resources on the subjective well‐being of teachers

AbstractAlthough it is widely recognised that well‐being of teachers is important, not much is known about the effects of job characteristics in subjective well‐being. This paper is a report of a study that investigates the effects of job characteristics on subjective well‐being. Nationally representative employee data is used to investigate the effects of job characteristics and teachers' subjective well‐being among teachers in Britain (N = 954). The findings suggest that there is a prima facie case for schools to use the job demands‐resources model to maintain and raise levels of job satisfaction and negative affect among their teachers. Multiple regressions were performed to calculate the relative weight of job characteristics related to subjective well‐being. Results show, among other things, that job security, autonomy and employee voice increase, and work–life conflict decreases, the subjective well‐being of teachers. In addition, it is found that family policies, a supportive supervisor and employee voice can mitigate the detrimental effects of work–life conflict, workload and work hours on negative affect. Policy implications follow, which include, inter alia, that training and development programmes with an emphasis on communications skills and providing teachers more opportunities to participate in decisions could be used to achieve greater participation, better supportive supervision and more job security. In addition, workload can be reduced by giving teachers more non‐contact time and creating smaller classes. Context and implicationsRationale for this studyIt is widely recognised that lack of well‐being can potentially affect both workers and the organisation in negative ways. Within the teaching occupation well‐being is a serious and growing concern. Therefore, it is of paramount importance to generate insights into what job characteristics affect teacher well‐being.Why the new findings matterThis study demonstrated that the JD‐R model can be used successfully to investigate job characteristics. Furthermore, this study highlights the relationship of subjective well‐being of teachers with job characteristics. In addition, it is found that various job resources can mitigate the detrimental effects of several demands on negative affect.Implications for practiceThe present study suggests that increases in subjective well‐being can be made by increasing resources and decreasing demands and that special attention needs to be drawn to: supportive management, employee voice, autonomy, job security, workload and work–life conflict. Policy implications include that training and development programmes with an emphasis on communication skills and providing teachers more opportunities to participate in decisions could be used to achieve greater participation, better supportive supervision and more job security. In addition, workload can be reduced by giving teachers more non‐contact time and creating smaller classes.

Prioritizing personality diversity: a commitment and performance based perspective

PurposeUsing the affect theory of social exchange, this study investigates the mediating role of students' affective commitment between their personality traits (extraversion and agreeableness) and academic performance.Design/methodology/approachThis research employs mixed-method study, that is exploratory text analysis using 123 responses followed by a survey of 300 responses among the management students to test the proposed model.FindingsResults reveal a direct positive association of extraversion and agreeableness with students' affective commitment towards their academic institution. Additionally, negative indirect effects of affective commitment were found between the two personality traits and academic performance.Originality/valueThe study highlights both positive and negative outcomes of so-called favorable personality types of extraversion and agreeableness, thereby, building a prima facie case for promoting personality diversity in management institutions.

Court-Ordered Interim Measures in International Arbitration: A Comparative Approach

This paper argues that there is a distinct cross-border law concerning court-ordered interim measures in aid of international arbitration, which is made up of two key (intertwined) sources, namely: the relevant provisions of the UNCITRAL Model Law on International Commercial Arbitration and supporting case law and legislation in both Model Law states and non-Model Law states. The principles identified in this paper are assumed to qualify as general principles of law. In order for a court at the seat to grant interim relief in international arbitral proceedings the requesting party must demonstrate a prima facie case worthy of consideration, the likelihood of irreparable harm and a balance of inconvenience. There is at present no general consensus as to ex parte interim measures, with many states and national courts showing significant reluctance to grant these on account of the absence of procedural guarantees that they entail. In equal measure, in the absence of bilateral or multilateral treaties that allow national courts to recognize and enforce foreign interim measures in respect of arbitral proceedings seated abroad, states are equally reluctant to allow parties seated in other jurisdictions to approach their courts for interim relief on the ground that the other party has assets or interests there. Although the courts of some powerful nations allow for such requests, there is no general rule in this regard and none is expected in the near future.

Should relational effects be considered in health care priority setting?

It is uncontroversial to claim that the extent to which health care interventions benefit patients is a relevant consideration for health care priority setting. However, when effects accrue to the individual patient, effects of a more indirect kind may accrue to other individuals as well, such as the patient's children, friends, or partner. If, and if so how, such relational effects should be considered relevant in priority setting is contentious. In this paper, we illustrate this question by using disease-modifying drugs for Alzheimer's disease as a case in point. The ethical analysis begins by sketching the so-called prima facie case for ascribing moral weight to relational effects and then moves on to consider a number of objections to it. We argue that, whereas one set of objections may be dismissed, there is another set of arguments that poses more serious challenges for including relational effects in priority setting.

The comparative achievement explanation of artistic value

AbstractThere is broad agreement in aesthetics that some artworks are greater than others despite bearing equivalent (or lesser) aesthetic value. One explanation of this difference in artistic value is that creation of the greater artwork represents a greater achievement. The aim of this article is to refine this explanation and to defend it against recent criticisms. First, I present a prima facie case in favor of the achievement explanation. Second, I draw on the history of photography to motivate three objections to it: namely, that it wrongly excludes (1) lucky, (2) easy, and (3) failed creations from being artistically great. Third, I present my refined version of the achievement explanation and show how it avoids these objections. On my view, an artistic achievement consists in creating a work it would have been especially hard for comparable artists to create. Finally, I raise and address several additional objections. In responding these objections, I argue, among other things, that my explanation of artistic value enhances our understanding of good‐bad art: specifically, it allows us to see how good‐bad art is artistically great despite being aesthetically flawed.

The Fourth Man and Its Logical Puzzles

In his book, The Fourth Man, author Robert Baer claims to have assembled evidence substantially leading to the conclusion that CIA senior officer Paul Redmond was a mole in the CIA from about 1985 to at least 1992, if not beyond. In this, Baer attempts to disentangle his own theory from the ongoing spy cases that ran roughly concurrently in this timeframe: CIA officers Rick Ames and Edward Lee Howard as well as FBI Special Agent Robert Hanssen. The examination of all the flaws of Baer’s own argument and evidence along with comparisons with more authoritative eyewitness testimony reveals a narrative that is needlessly and dangerously gratuitous, since it fails to make even a prima facie case regarding the reputation of its target. In the end, these flaws and fallacies illustrate so much that passes for “professional” analysis in this day and age.

A critique of the seizure criteria of the African Commission on Human and Peoples' Rights

Seizure of communication is an important stage in litigating before the African Commission on Human and Peoples' Rights. At this stage a complainant is required to disclose a prima facie case, in the absence of which the communication will be refused. The seizure criteria are contained in the African Commission's Rules of Procedure. However, the procedural rules are as important as the substantive rules. Where there are burdensome procedural rules in human rights litigation, it becomes more difficult to gain access to justice. The African Commission's Rules of Procedure 2020 guide the communication proceedings of the Commission. The 2020 Rules have introduced some salient provisions that hitherto were not contained in the Rules. Under the 2020 Rules the Secretary can seize a communication during inter-session on behalf of the African Commission. Efforts have also been made to fully separate admissibility criteria from seizure criteria by deleting the admissibility criteria contained under the seizure criteria in the previous Rules. Consequently, it no longer is a requirement for a communication to pass a preliminary test of the admissibility criteria at the seizure stage. Notwithstanding these changes, the African Commission still applied the jurisprudence of the previous Rules in African Freedom of Expression Exchange & 15 Others (represented by FOI Attorneys) v Algeria & 27 Others (FOI), where the Commission also set a higher prima facie standard. This article critiques the Commission's seizure criteria and procedure. It argues that the 2020 Rules have introduced novel provisions that would necessitate the Africn Commission to change its seizure jurisprudence. It recommends that the Commission should adopt the 'might' test at the seizure stage rather than the wide prima facie standard it adopted in FOI. In this way the African Commission would have the opportunity to receive more compelling evidence of violation of the African Charter at the merit stage, rather than shutting out communications at a stage where compelling proof is not required.