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Malpractice – The Phenomenon and the Relevant Advantages of Mediation in Criminal Cases

Author(s): Crina-Maria Hristodorof / Language(s): English / Publication Year: 0

Keywords: criminal cases; injury; malpractice; mediation; phenomenon; win-win situation;

Malpractice is a relatively newly recognized phenomenon, whose negative effects regard both the client (patient) and the professional. Nowadays, there is a widely held intention of the client incurring damages from a malpractice case in order to obtain damage-repairs that are higher than deserved, but also to cause a “bad-advertising” for the professional in default, especially in criminal cases. Mediation seems to be an instrument to provide the best solution for both parties involved: the client obtains a better repair than a Court-of-Law can decide upon, while the professional benefits from a more confidential analysis on his default; additionally, the Courts-of-Law are relieved from analyzing malpractice cases. The mediation procedure for medical malpractice cases can be regarded as an extrajudicial alternative, a "WIN-WIN" solution, by its nature, for the parties in conflict who have a possibility of reaching a mutually beneficial agreement. Whereas, according to Article 16 of the New Criminal Procedure Code par. 1 The criminal action cannot be put into motion and when it has been put into motion it can no longer be exercised if: g) the preliminary complaint was withdrawn in the case of offenses for which its withdrawal removes the criminal liability, the reconciliation occurred or a mediation agreement was concluded under the law. Therefore, a positive result of the mediation activity in criminal matters would lead to the suspension of criminal proceedings in the criminal investigation phase or the termination of the trial at the trial stage. In addition to this advantage, other benefits of the mediation procedure in criminal matters will be discussed in the present article.

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Tele-Working in European Legislation and the Romanian Law System

Author(s): Agata Mihaela Popescu / Language(s): English / Publication Year: 0

Keywords: labor legislation; labor relations; tele-work; tele-employees;

At the present, labor legislation is at a crossroads, the changes at both national and European level have shown that a radical change of vision on working relations is necessary. One of the most recent legislative changes is the regulation of a new type of special contract – tele-working. In support of the flexibility of the labor relations and their modernization. Romanian legislation has adapted to these requirements, by adopting the Law no. 81/2018 on regulation of teleworking activity, in force since April 5, 2018. The scope of the Law is undefined, while the text of Art. 1 par. (2) regulates that “This law shall apply in the fields of activity where it is possible to carry out tele-work activity”. In other words, without specifying who is the addressees of the law, it concerns a category of employees who are connected to the realities of communication technology in a broad sense, to the latest news of the field in which they work and, in general, to the daily universe through the Internet, social networking and mobile applications. In other words, the recipients are the workers involved in the information society through its use and development, and not every worker holding a terminal that can connect to information and communication technology, since it is a “tele-employee” only the one who is willing to use the equipment needed to deliver the result of his work in an employment relationship, of course in agreement with the employer.

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Some Aspects of the Right to a Fair Trial from the Perspective of the European Convention on Human Rights

Author(s): Silviu-Ștefan Petriman / Language(s): English / Publication Year: 0

Keywords: democracy; equality of arms; free access to justice, fundamental principle; justiciable; rule of law; the right to a fair trial;

The European Convention through Article 6 establishes a fundamental principle for a democratic society and a rule of law. The right to a fair trial is applicable both in civil matters and in criminal matters, where the rights, freedoms and legitimate interests of the justiciable must be guaranteed. This right must be respected by all the judicial bodies, because by violating it or ignoring it, serious damages can be brought about the person's freedom, access to justice, equality of arms, the right not to incriminate s.a.m.d. Precisely for its importance, the right to a fair trial is considered as a pillar of support for the democratic state. In Romanian domestic law the right to a fair trial can be found in the Romanian Constitution art. 21 paragraph (3), the Code of civil procedure in art. 6, the Criminal Procedure Code art. 8, as well as in art. 6 of Law no 304/2004 on judicial organization. The right to a fair trial should not and cannot remain only at the theoretical level, but it must receive effective applicability in practice, otherwise it will remain an illusory right. But in order to be used in practice he must be well known and promoted at the same time, in order not to allow his violation.

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Identification of Missing Children in Suspicious Circumstances

Author(s): Lucia Cerasela Balan / Language(s): English / Publication Year: 0

Keywords: disappearance; forensics; identification; minors; photography;

In most cases, the authorities face cases in which the parents are desperate for the disappearance of the minor children, with the paid pedophiles, with the traffickers, with the pimp, which to some extent infringes on the fundamental rights and freedoms of the minors. The number of juveniles declared missing is increasing every year, most of them being located or returning home, but there are also cases in which minors are never found or identified as victims of crimes. Taking into account the deep pain and suffering of the parents of the missing children, who often do not know their fate for years, the authorities make every effort to speed up investigations and locate the missing children. When a juvenile is declared missing, it is essential for the investigator to know his or her signals and to have all relevant information referring to the person of the minor. If the disappearance of the child was reported many years ago, the original photograph loses its usefulness, because the minor progressively changes its appearance as time goes by. In cases where the description of a minor, after the external reports, is ambiguous, does not have sufficient information or the ones that have been rendered are not sufficient for his identification, the technique jumps to the aid of the criminals and through methods that are constantly developing, establishes certain vital details or information required.

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Firearms – A Double-Edged Sword

Author(s): Robert Şerbănescu / Language(s): English / Publication Year: 0

Keywords: components; firearms; legal criteria; structure;

The dual nature of the human race has been the major cause for both positive and negative actions throughout history. Socrates insisted that a man must have a clear representation of both good and bad, so he may choose the proper approach. Therefore, any direction followed by an individual can lead to either desirable consequences or the opposite. Firearms were created as a means of protection and prevention from invaders. However, even if during periods of conflict they have proven their usefulness by defending homelands and other key locations, in the hands of an ordinary person they provided the possibilities to take the criminal activity to another level. In this manner, crimes could be committed at a faster rate, with more accuracy from a safe distance, lowering the chances of the victim to be able to defend themselves. In order for one to understand the concept of the firearms being a “double-edged sword”, he requires to have a clear representation of the complexity shown by a weapon structure, the key components, the power which can pe generated by using a firearm and the damage done. Also, the representation, besides the mechanical and structural part, must include the criteria based on which an individual can have, keep and use a firearm, with the general differences from one legal system to another.

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Examples of Good Practices in the Field of Museology. Case Study – ASTRA Museum

Author(s): Astrid Isabela Bogdan / Language(s): English / Publication Year: 0

Keywords: art; museum; sustainability; vernacular architecture; tradition;

From the nomadic to the sedentary people, human communities have always wanted to make unique elements, specific to their identity, although they often received major influences from other neighbouring or most powerful communities. For example, archaeology reveals the identical geometrical elements found on ceramic vessels in peoples that were at some distance in time to each other or even geographically. Thus, we can see that not all elements of a civilization are authentic and that many times a motive formed by a group can become a leitmotif for many peoples. However, since ancient times, every community has tried to preserve at least one original element to help it differentiate among other peoples. In contemporary times, these elements are gradually extinguished, but there are still some places where the custom is preserved, and perhaps the most edifying example in this regard is the open air museum. Basically, this study will focus on this type of exhibition, approaching an edifying example, in this case, the ASTRA Museum in Romania, the largest open air museum in south-east Europe.

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The Domestic Violence in Romania and Methods for Dealing with the Phenomenon

Author(s): Dan Cristian / Language(s): English / Publication Year: 0

Keywords: domestic violence; the coercive force of the state; concept;

Domestic violence represents a common problem in society nowadays. In Romania, this issue tends to expand from one generation to another, although the methods for dealing with this current are various in number and complexity, with special reference to the psychological ones. The central factors which give rise to this type of aggressive behaviors are the following: low financial status of the families, social status differences, educational gaps, toxic characters and so on. Within the variety of methods for tackling with the debated subject we can name the legal sanctions applied by the state with the help of the coercive force, the psychotherapy sessions and collective therapy. The article is proposing an extensive analysis in regards to the domestic violence. The paperwork will describe the current legislation of Romania for this issue, the roots of this problem and ways of countering it, all of this while taking into consideration the present social and economic development of the state. In the same manner, it is necessary to observe the reasons why the victims refuse to address their situations to the competent authorities.

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Comments on the Outstanding Debt, Liquid Debt and Due Claim in Romania

Author(s): Nicolae Popa / Language(s): English / Publication Year: 0

Keywords: definite claim; enforcement; chargeable claim; enforcement conditions; enforceable title;

On foreclosure, Romanian legislation lays down a number of requirements for its achievement. In this respect, the Code of Civil procedure stipulates the conditions that should be met by claims for their enforcement. In practice, foreclosure is performed in order to cancel the main claim and its accessories, like interests, penalties, other amounts granted according to the law, by an instrument permitting enforcement, and also enforcement expenses. In this paper, we intend to present issues related to the outstanding debt, liquid debt and due claim, as stipulated in article 663 under the Romanian Code of Civil Procedure, together with opinions and comments of the professional doctrine on the article mentioned above. Also, we brought up the legislative changes made on this body of law and we gave examples of matters in the national case law to describe various possible situations that could occur, in order to underline the special attention that must be given to the regulations on debt instruments, as it is a highly important and topical matter in Romania.

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International Humanitarian Law. Seven Decades in the Service of Humanity

Author(s): Elena Roxana Vişan / Language(s): English / Publication Year: 0

Keywords: International Humanitarian Law; peace; humanitarian conventions; solidarity rights;

In an era marked by globalization, increasingly bloody and permanent armed conflicts, war threats, it is imperative to respect the foundation of humanity, the Geneva Conventions by adopting actions in the spirit of human rights education and a culture of peace. From the desire to protect the human being and to promote among the youth the humanitarian treasure of humanity, specialists in the field of International Humanitarian Law, non-governmental organizations celebrate the Day of the International Humanitarian Law annually, by a collective commitment in assimilating and promoting the human aspiration, being, peace and the common good.

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Creating the Image of the Other in Ukrainian Literature of the 21st Century

Author(s): Iraida Tombulatova / Language(s): English / Publication Year: 0

Keywords: imagology; the Other; stereotype; contemporary literature; travel literature;

An imagological research in literature is important as the writers create the images of the other countries for their compatriots. Moreover, those images are to stay in collective memory through the years. It is also necessary to focus on the details, which are depicted in the literary works to understand what creates the universal image of a nation and people. Currently travel literature becomes more and more popular in Ukraine and many authors work in the genre of travelogue. To analyse the trends of actual national images of other countries in Ukrainian contemporary literature the literary pieces of three celebrated Ukrainian writers were taken. The images of Germany, Latin America and the Balkans are represented in the books written by A. Kuzmenko, M. Kidruk and A. Lyubka. It should be noted that all the analysed literary works are the bestsellers. It means that an imagological research deals with the national images, perceived by thousands of the Ukrainians. Furthermore, literature can construct some new national stereotypes of represented nations and destroy some old stereotypes of those nations in the minds of Ukrainian readers. Such a scientific investigation can make it easier to understand the way how cultural artefacts can influence the perception of nations in the period of fast globalization.

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The Main Rights and Obligations Related to Patents in Romania

Author(s): Nicolae Popa,Adriana Tulus / Language(s): English / Publication Year: 0

Keywords: intellectual property; industrial property;

In the context of globalization of trade industrial property has become a key factor of the world economy and an indispensable attribute of the market economy, it being a key topic in both developed and developing countries. In the field of industrial property, as a branch of intellectual property, Romanian legislation establishes a number of rights and obligations regarding patents. In this paper we propose to present aspects related to the rights and obligations that the holder of a patent must fulfill as provided by Romanian legislation, mainly the Law 64/1991, but also the situations that constitute as exceptions to the violation of these rights. We have also highlighted the updated and interpreted content of the text of the law and have exemplified various situations in national case law to highlight the special importance to be given to regulations concerning industrial property rights, which are a topic of great importance and actuality in Romania in areas such as scientific research, innovation, industrial policies, technological transfer, biotechnology, public health, education, biodiversity, food security and more.

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The Consumption of Drugs in Romanian Schools and its Effects over the Health and Development of the Individual

Author(s): Cristian Dan / Language(s): English / Publication Year: 0

Keywords: drugs; legislation; psychology; tackling;

The consumption of drugs has remained a long term issue of a significant importance, due to the fact that the substances which accelerate the production of endorphins at the neocortex level present an extended effect or even a definitive one in regards of the cognitive-emotional capacity of the consumer. This kind of practice is not absent in Romania, the number of persons taking in these type of elements showing a significant growth in the last 20 years. The current paperwork will largely focus on analyzing the factors which bring contribution to the distribution and consumption of drugs, especially in schools, and how they affect the social, cultural, cognitive and psychological evolution of the normal person. In the same manner, the article will bring into attention the current legislation of Romania in accordance with this subject, the methods used for prevention and tackling with the phenomenon of illegal substances and the support brought by the dispositions applied at the European Union level. At the end, a series of conclusions will have the main goals of correlating the Romanian legislation with the European one and to shed light upon the methods offered by the educational system in order to stop the accelerated spread of this vice between the students and the sanctions applied.

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The Restrictions of Fundamental Rights during a State of Emergency

Author(s): Robert Şerbănescu / Language(s): English / Publication Year: 0

Keywords: fundamental rights; state of emergency; the right to private property;

Human rights are one of the fundamental pillars for a democratic society. In order for one to benefit from freedom of thought and action, these elements must be recognized and guaranteed by the state legislation. However, there are certain times when sacrifices must be made in order to overcome a threat. The danger can be represented by either a climate of war, a pandemic or any other phenomenon that can affect one or more countries on a general level. Basic rights can be exemplified by the right to private property, freedom of circulation, freedom of speech and consciousness. The article will provide a general presentation of the state of emergency and the conditions which are required for it to be implemented in Romania. In the same manner, the implications on a legal, social, psychological and moral level will be brought into evidence. For a society to be able to push past any large scale obstacle, there must exist an understating from both the citizens and the institutions. Cooperation, communication and transparency are the main factors by which a community can protect itself and remain united during hardships.

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The impact of COVID-19 Pandemic on Indigenous People of Tamilnadu – A Medical Anthropological Perspective

Author(s): Subramaniam Panneerselvam,Gunanithi Perumal,K.P Subin / Language(s): English / Publication Year: 0

Keywords: COVID-19; pandemic; indigenous communities;

The Indigenous people are culturally unique and they are into many ethno-medicinal practices. There are about 36 indigenous people (Scheduled Tribes) are living in the State of Tamilnadu, India. These people were also seasonally migrating to various places for the jobs. The COVID-19 pandemic has created a great impact on their livelihoods and also on their health. These communities are more vulnerable and the impact of COVID-19 on these communities is under-addressed. The Indigenous communities require a prime attention and more need for awareness on the COVID-19 pandemic. The Elderly population of the Indigenous communities are having traditional knowledge systems and healing practices. The practice of herbal medicine, naturopathy and spiritual healing are preferred by them. Lack of emotional content and belief in public healthcare system continues to distance them from modern medicinal systems. The indigenous communities are generally suffering from diseases like tuberculosis, hyper tension, diabetes mellitus, cardio vascular diseases and sickle cell anemia. These conditions are weakening their immune system and increase their vulnerability towards COVID-19. The prevalence of anemia and malnutrition makes the women and children also lower the resistance towards the COVID-19. The study trying to identify the special strategies to safe guard the Indigenous communities from a medial anthropological perspective through case studies using grounded theory method.

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Child Sexual Abuse and Presumption of Innocence

Author(s): Silviu-Ștefan Petriman / Language(s): English / Publication Year: 0

Keywords: minor; presumption of innocence;

Child abuse, especially sexual abuse, is regulated by both national and European rules, just as the presumption of innocence is regulated. Minors, being the weak part, need support from the authorities, as the European Court of Human Rights has recommended in cases involving minors, cases that we will refer to throughout this article. On the other hand, the presumption of innocence must not be disregarded, precisely because the latter is a guarantee against arbitrariness. The difficulty of reconciling these notions is also given by the fact that in certain situations of abuse there is no direct evidence to scientifically establish such a fact. Până la rămânerea definitivă a hotărârii judecătorești, prin care este stabilită vinovăția sau nevinovăția inculpatului, legea prevede și posibilitatea luării unor măsuri preventive, care pot fi restrictive sau privative de libertate. Another aspect is represented by the psychology of the minor in his reports, taking into account his age, the education received, especially sex education, given the access to technology existing today among minors, as well as the accuracy of statements and last but not least, the degree contamination of statements by suggestibility. During the criminal process, until the final decision of the court is a difficult road, in which the judiciary, lawyers and psychologists have a difficult mission in finding out the truth, to bring to justice the guilty and if there is no guilt to order the acquittal of the innocent.

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Skilled Immigrants In Brazil: Profile For Science, Technology, Engineering And Mathematics (Stem) Occupations

Author(s): Renan Gadoni Canaan / Language(s): English / Publication Year: 0

Keywords: STEM; skilled migrants; Brazil; earnings;

In this article, we describe the demographic, human capital and occupational characteristics of immigrants in STEM occupations in Brazil and we address key factors that determine their earnings. The main findings demonstrate the importance of demographic variables in income earned by foreigners. Immigrants, just like native-born Brazilians, face a historical system of discrimination based on gender and ethnoracial hierarchies in the workforce. Moreover, results show that immigrants have higher average earnings compared to native-born Brazilians in STEM occupations. This may be explained by the fact that a greater proportion of immigrants occupy a managerial STEM job.

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Attitudes, Personality and Organizational Behavior

Author(s): Maria Daniela Pipaş / Language(s): English / Publication Year: 0

Keywords: personality, attitudes; organizational behavior; employees; change;

An interesting topic, often approached in scientific studies and followed insistently by the human resources departments of large companies is represented by the relationship between attitudes, personality and organizational behavior. Given that personality means diversity and is determined by both genetic factors and the individual's past learning, we can argue that during the process of gaining experience, with age, personality is susceptible to change which leads to changes in attitude and organizational behavior. In general, the sociological approach to attitude relates to social values. Psychological points of view investigate attitudes according to certain aspects of the personality: motivation, emotional states, cognition or behavioral dispositions. It is well known that attitudes precede behaviors. Of interest to those who lead groups is to know to what extent attitudes foreshadow behaviors and what is the connection between motivation, attitude and behavior. Regarding the organizational behavior, we are especially interested in the attitude towards work, respectively the satisfaction of the employees and the connection between it and the organizational performance.

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The Great Psychology behind the Marketing Scene

Author(s): Ionuț-Alexandru Horhogea / Language(s): English / Publication Year: 0

Keywords: psychology; marketing; selling products; exploit;

Zoon Politikon may be considered the main byname of human beings. It is ought to the similarities between each individual and animal, regarding involuntary instincts. The fundamental reason for our top placement as humans, in nature, is given by ability to think and promptly react according to it. Considering that, should we take advantage of others’ involuntary instincts when it comes about marketing? As the concept of marketing is a truly complex matter, we could minimize the stress of understanding it by arranging it like a family tree. All we have to do is to exchange our relatives from it with fundamental principles of marketing and psychology and place them from bottom to top, former representing the most important aspects and latter, the least. But what if we want to “cut this tree” as a metaphor for selling a product to a customer while taking advantage of his involuntary instincts? Let’s find out in the following.

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Exploring Cognitive Functions of Demand through the Teachings of Abhidharma

Author(s): Dilshani N Ranawaka,Rushan Ranawaka / Language(s): English / Publication Year: 0

Keywords: Abhidharma; Demand; NeuroEconomics; Greed; Micro-analysis;

Economics and Abhidharma (in-depth dharma teachings by the Buddha) rarely emerge together in interdisciplinary discussions due to the contradictory nature of the two disciplines. Economics is identified as the dismal science which attempts to understand how limited resources should be distributed in a way that satisfies unlimited wants so as to maximize satisfaction (utility) with demand being one of the core concepts. It is known that the demand occurs because of three reasons: willingness to buy, the ability to pay now, in the present. With the surfacing of neuroEconomics which looks at how thoughts and brain functions when making decisions, Abhidharma can be very useful in providing insights as to how thoughts functions. According to Abhidharma, “greed” is the nucleus when demand is looked in a micro-level. Citta (Consciousness), also known as thoughts and chaithasika, identified as the thought processes in Abhidharma, can be used to guide and provide a different outlook to the concept of ‘demand’ in Economics. This paper hopes to pursue the knowledge of eight folds in lobha (greed); one of the theoretical elements of Abhidharma in assessing how demand in Economics occurs.

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Ernesto de Martino - Mircea Eliade. Contrast

Author(s): Aurelia Sabiescu / Language(s): English / Publication Year: 0

Keywords: mystery; the irrational; history; abstract category; intellectual;

It is important to say that a decisive part within De Martino’s process of intellectual becoming is represented both by the evolution of his thinking process starting from theories and concepts that he initially embraces, which he later abandons or nuances, but also by his relationship with other intellectuals, that is the dialogue he had with these and the extremely fruitful role of reciprocate criticism. It is what we actually find within the things exposed above. A remarkable thing to notice is the dialogue between Ernesto de Martino and Mircea Eliade. But before formulating some conclusive remarks of these reciprocate exchange of impressions and objections on the theoretical level regarding their implications on De Martino’s work, it is important to bear in mind some substantial aspects of De Martino’s major influences prior to his dialogue with Eliade. Starting from his initial argument, which he expressed when he was young, on the importance of the necessity of exploring the world of mystery, but also from the major loss of western thinking of ignoring this subject, De Martino structures his analytical work on Benedetto Croce’s conceptual basis. After internalizing Croce’s perspective on history, even on mystery, De Martino takes over on Croce’s basic idea of the mystery’s own existence as imaginary abstract category, which reason cannot define accurately, but particularly emphasizes on the western world accumulation of prejudices (pre-conceived ideas) on this topic. Moreover, De Martino notices the essence of Croce’s idea, which he takes and applies conscientiously as methodologic landmark of his entire work: the fact that, the irrational, which is an intricate aspect linked to the “mystery” theme, operates on the level of history.

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Search results for: rais aug 2023 in All Content

Malpractice – The Phenomenon and the Relevant Advantages of Mediation in Criminal Cases

Tele-Working in European Legislation and the Romanian Law System

Some Aspects of the Right to a Fair Trial from the Perspective of the European Convention on Human Rights

Identification of Missing Children in Suspicious Circumstances

Firearms – A Double-Edged Sword

Examples of Good Practices in the Field of Museology. Case Study – ASTRA Museum

The Domestic Violence in Romania and Methods for Dealing with the Phenomenon

Comments on the Outstanding Debt, Liquid Debt and Due Claim in Romania

International Humanitarian Law. Seven Decades in the Service of Humanity

Creating the Image of the Other in Ukrainian Literature of the 21st Century

The Main Rights and Obligations Related to Patents in Romania

The Consumption of Drugs in Romanian Schools and its Effects over the Health and Development of the Individual

The Restrictions of Fundamental Rights during a State of Emergency

The impact of COVID-19 Pandemic on Indigenous People of Tamilnadu – A Medical Anthropological Perspective

Child Sexual Abuse and Presumption of Innocence

Skilled Immigrants In Brazil: Profile For Science, Technology, Engineering And Mathematics (Stem) Occupations

Attitudes, Personality and Organizational Behavior

The Great Psychology behind the Marketing Scene

Exploring Cognitive Functions of Demand through the Teachings of Abhidharma

Ernesto de Martino - Mircea Eliade. Contrast