European Journal of Social Sciences

Volume 60 No 3
September, 2020
Legal Protection of Industrial Designs and Models In Jordan: Symptoms and Solutions
129-135
Basem M. Melhem and Haitham A. Haloush
 
Abstract:
In tune with the minimum requirements and standards of the TRIPS Agreement; Jordan introduced remarkable amendments to its legislations related to intellectual property rights. Like in the field of unfair competition, legislation on industrial designs and models was enacted in Jordan in 2000: the Jordanian Industrial Designs and Models Law No. 14 of 2000. This Law aims to help build confidence in the market by creating a legal framework for industrial designs and models. This article examines the suitability of the Jordanian legal system in providing sufficient protection of industrial designs and models. This article concludes that there are serious obstacles in terms of substantive and procedural protection of industrial designs and models in Jordan and provides some recommendations in this respect.
Keywords:
Jel : C22; C32; Q43; Q56
 
 
Clinical Instructional Supervisory Practices and Teachers’ Professional Efficiency in Secondary Schools in Calabar Education Zone, Nigeria
136-145
Sule Mary Anike, Okpa Ovat Egbe, Igbineweka Paul Osa and Sule Evelyn Motun
 
Abstract:
The study investigated the influence of clinical instructional supervisory practices on teachers’ professional efficiency in secondary schools in Calabar education zone, Nigeria. The survey research design was adopted for the study. Four null hypotheses were formulated to guide the study. The target participants were all 1,259 teachers in Calabar Education zone. A sample of 200 teachers selected through stratified and simple random sampling techniques was used for the study. The instrument for data collection was a questionnaire validated by five academic staff in educational management and measurement and evaluation disciplines. The internal consistency of the instrument was established using Cronbach alpha and 20 respondents that were not part of the study sample. This yielded a co-efficient of 0.73 for the entire instrument. The collected data were analyzed using mean scores and standard deviation, with the criterion mean benchmark set at 2.50. The result revealed that pre-observation conference, observation, post-observation conference and analysis and strategy significantly influence teachers’ professional efficiency in secondary schools in Calabar Education Zone, Nigeria. Recommendations were made based on the findings.
Keyword: clinical, instructional, supervisory practices, teachers, professional efficiency.
 
 
Legal Guarantees for Fair Contractual Relationship
146-164
Abd Almohsen Mubarak Alajmy
 
Abstract:
The Kuwaiti Civil code acknowledges that the contract binds all parties agreeing to it. However, it allows the judge to intervene in the contract to modify the obligations imposed on the weak party. At the first glance, it seems that the law contradicts its-self by denying the fact that the contract is a product of the free will of the parties. It appears that the legislator aims to protect the society in case the circumstances surrounding the signing of the contract change or there was a defects in the negotiation-offer-acceptance phases.
The relevant articles convey to the judge remarkable authority to track and examine the contractual stages from the negotiation to the approval of the deal. Therefore, the parties to the contract must take into account good faith at the conclusion stage and also at the stages of its implementation. On one hand, the contract must be born of the free will of the parties, free from unfairness and fraud. On the other hand, justice must be respected in the outcomes of the contract. Also in terms of balance of the corresponding performance that arises after the conclusion of the contract.
This article investigates the potential defenses of the weak party when he or she is asked to fulfil the obligations established by the contract in the light of the Kuwaiti and Jordanian laws. Also, the article answers the following questions: What is the unfairness in the contract, the victimization and the fraud that affects the contract at its concluding stage? What legal effects are they achieved? How these flaws pave the way for the judge to correct obligations of both sides of the deal?. The article will clarify the deficiency in the law and will propose a reform to some provisions.
Keywords: Contract, void, defective consent, fairness of contracting, contract correction.
 
 
The Role of Incarceration in Current Brazilian Criminal Policy
165-173
Daniel Augusto Lobo de Melo and Jaime Luiz Cunha de Souza
 
Abstract:
This article examines the dynamics of mass incarceration in Brazil. We evaluated data from 2019 provided by the National Penitentiary Department (DEPEN) and the State Secretary and Penitentiary Administration of Pará state (SEAP). The focus of the analysis lies on the entry and exist of prisoners into and from penitentiary facilities in Pará state. Data show a high turnover rate and the consequent difficulty in promoting re-socialization processes within this context. Data show that, although there is a significant number of arrests, the number of people incarcerated is only slightly higher than the number of people released from prison, resulting in a continuous flow of entries and exits from prisons, which radically hinders a consistent policy regarding incarceration.
Keywords: Mass incarceration; Prison; Release; Turnover.
 
 
Managing School Carrying Capacity for Effective Teaching and Learning in Public Universities in Nigeria
174-183
Ebuara Victor Obule, Edet Anefiok Oswald and Okpa Ovat Egbe
 
Abstract:
The study explores management of school carrying capacity and effective teaching and learning in public universities in Nigeria. Descriptive survey design was used for the study. A sample of 200 subjects was randomly selected from five universities in southern Nigeria. Instrument used for data collection was the questionnaire titled: Carrying Capacity and Effective Teaching/Learning Questionnaire (CCETLQ) validated by experts. Split-half method of reliability was used to determine the reliability of the instrument. The estimates range from 0.68 – 0.74, and were considered good enough to have the capability to measure effectively the intended variables. Pearson Product Moment Correlation analysis was used to analyze the data. The result of the analysis revealed a significant (strong positive) relationship between availability of physical/material facilities, the level of student enrolment and academic staff strength and effective teaching and learning when tested at 0.05 level of significance. It was recommended that managers of institutions and government should as the matter of urgency improve and expand on the facilities in our tertiary institutions to accommodate the growing enrolment.
Keywords: Carrying capacity, teaching and learning, universities.
 
 
The Impact of Knowledge Management Capabilities on Innovation: Evidence from a Turkish Banking Call Center Sector
184-209
Arif Selim Eren and Hüseyin Çiçeklioğlu
 
Abstract:
In today's conditions, the main difference that separates developed and developing societies from each other is knowledge management. With the rapid development of technology, organizations attach more importance to knowledge and its management than in previous periods. Information management systems installed correctly and effectively increase the performance of employees. In addition, knowledge management capability also affects innovation capabilities. Innovation capabilities are a skill that makes a difference at the organizational level and, if managed effectively as a process, will give organizations competitive power.
Based on this, this research was carried out to determine the relationship between knowledge management capabilities and innovation capabilities of individuals working at a private bank call center. In this context, a detailed literature review was first performed and previous studies were evaluated in terms of subject, method and findings. In the next stage of the research, a questionnaire adapted from the literature was applied to 245 employees determined by random methods. The obtained results were analyzed with descriptive statistics, correlation and factor analysis. According to the analysis results, it was determined that knowledge management capabilities have positive and significant effects on innovation capabilities and sub-dimensions, and innovation capabilities on knowledge management capabilities and sub-dimensions.
Keyword: Knowladge Management Capability, Innovation Capability, Call Center.
JEL Codes: M10, O31, D83
 
 
The Universality of Mother-Daughter Identification and Separation in What We Lose and The Silver Kiss
210-216
Monica Joshi and Wa'ed Al-Shdaifat
 
Abstract:
This paper examines the universality of mother-daughter identification and separation, focusing on a sense of belonging and an irreparable loss and how to get through it. Two debut novels What We Lose by American writer Zinzi Clemmons and The Silver Kiss by English born American writer Annette Curtis Klause have been taken into consideration here.
Both the works tell the story of the heroines’ lives in the context of their mothers’ struggle with cancer and death. One of the main challenges both face is how to carry on after losing someone with whom they truly identify.
There is an autobiographical element in both the novels. They are inspired by the writers’ lives. Zinzi Clemmons was brought up in Philadelphia by a South African mother and an American father. In What We Lose Thandi’s mother belongs to South Africa , whereas her father is an African American from the US. She, like her creator was raised up not feeling she belonged. Her only home is her mother . The Silver Kiss is inspired by Annette Curtis Klause’s poems and her fantasy about falling in love with a vampire as a young girl. Here Zoe, feeling too miserable and lonely because of her mother’s sickness comes across the handsome and silver haired Simon who actually is a vampire and gradually falls in love with him. Like Thandi, her mother is the only shelter for her.
The readers feel as if their own suffering has found expression in both the works. Both Clemmons and Klause have portrayed a young woman’s comprehension of separation as well as identity and acceptance of death so profoundly that it crosses all the barriers of time and place and as such personal grief attains universality.
Keywords: autobiographical, challenge, daughter, death ,helplessness, home, identification loss, mother, nostalgic, relationship, separation, sickness, struggle, symbolic, universality, vampire