Search results for: misunderstanding
62 Thai Student Teachers' Prior Understanding of Nature of Science (NOS)
Authors: N. Songumpai, W. Sumranwanich, S. Chatmaneerungcharoen
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This research aims to study the understanding of 8 aspects of nature of science (NOS). The research participants were 39 General Science student teachers who were selected by purposive sampling. In 2015 academic year, they enrolled in the course of Science Education Learning Management. Qualitative research was used as research methodology to understand how the student teachers propose on NOS. The research instruments consisted of open-ended questionnaires and semi-structure interviews that were used to assess students’ understanding of NOS. Research data was collected by 8 items- questionnaire and was categorized into students’ understanding of NOS, which consisted of complete understanding (CU), partial understanding (PU), misunderstanding (MU) and no understanding (NU). The findings reveal the majority of students’ misunderstanding of NOS regarding the aspects of theory and law(89.7%), scientific method(61.5%) and empirical evidence(15.4%) respectively. From the interview data, the student teachers present their misconceptions of NOS that indicate about theory and law cannot change; science knowledge is gained through experiment only (step by step); science is the things that are around humans. These results suggest that for effective science teacher education, the composition of design of NOS course needs to be considered. Therefore, teachers’ understanding of NOS is necessary to integrate into professional development program/course for empowering student teachers to begin their careers as strong science teachers in schools.Keywords: nature of science, student teacher, no understanding, misunderstanding, partial understanding, complete understanding
Procedia PDF Downloads 26061 A Clear Language Is Essential: A Qualitative Exploration of Doctor-Patient Health Interaction in Jordan
Authors: Etaf Khlaed Haroun Alkhlaifat
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When doctors and patients do not share the same first language, language barriers may exist, which may have negative effects on the quality of communication and care provided. Doctors’ use of medical jargon and patients’ inability to fully express their illness, to a potential loss of relevant information can often create misunderstanding. This study sought to examine the extent to which a lack of “common” language represents one of the linguistic obstacles that may adversely influence the quality of healthcare services in Jordan. Communication Accommodation Theory (CAT) was used to interpret the phenomena under study. Doctors (n=9) and patients (n=18) were observed and interviewed in natural Jordanian medical settings. A thematic qualitative approach was employed to analyse the data. The preliminary findings of the study revealed that most doctors appeared to have a good sense of appropriate ways to break through communication barriers by changing medical terminologies or jargons into lay terms. However, for some, there were two main challenges: 1) the use of medical jargon in explaining medication and side effects and 2) the lack of patients’ knowledge in providing a full explanation about their illnesses. The study revealed that language barriers adversely affect health outcomes for patients with limited fluency in the English language. It argues that it is doctors’ responsibility to guarantee mutual understanding, educate patients on their condition and improve their health outcomes.Keywords: communication accommodation theory, doctor-patient interaction, language barrier, medical jargon, misunderstanding
Procedia PDF Downloads 8360 Re-Thinking Community Relationship for Resolving Conflict and Building Peace in Ethiopia: The Need to Shift from Com-Animation to Communication
Authors: Sisaye Tamrat Ayalew
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In Ethiopia, the relationships between different communities have been characterized by mistrust, prejudice, and conflict, resulting in mass killings, displacement, and human rights violations. These relationships are mainly based on ethnic, religious, and linguistic lines, leading to a polarized society. The aim of this study is to appraise the nature of two major community relationships, namely the I-Thou relationship, characterized by genuine dialogue and mutual understanding, and the I-It relationship, characterized by a monologue and mutual suspicion. The study also aims to analyze how these two types of relationships contribute to either resolving or aggravating conflicts and building or deteriorating peace in Ethiopia. The study adopts a qualitative approach, specifically hermeneutics, to explore the nature of the I-Thou and I-It relationships in the Ethiopian context. It also examines how political elites shape these relationships within the community. The study finds that the dominant relationship in Ethiopian society is the I-It relationship, which is manifested as "com-animation." This relationship is characterized by mutual mistrust, prejudice, hostility, and misunderstanding. As a result, conflicts have arisen, leading to violence, displacement, and human rights violations. The study concludes that there is a need to shift from the I-It (com-animation) relationship to the I-Thou (communication) relationship in Ethiopian society. This shift would involve rethinking and readjusting societal relationships, especially among political elites, to foster genuine dialogue, mutual understanding, and lasting peace. It is imperative to overcome mutual mistrust, prejudice, and misunderstanding in order to resolve conflicts and build a harmonious society in Ethiopia. The study's findings and recommendations contribute to raising awareness among both Ethiopians and the international community on the potential for conflict resolution and peacebuilding through a shift in community relationships.Keywords: dialogue, I-Thou relationship, I-It relationship, conflict resolution, building peace
Procedia PDF Downloads 11359 Leadership, A Toll to Support Innovations and Inventive Education at Universities
Authors: Peter Balco, Miriam Filipova
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The university education is generally concentrated on acquiring theoretical as well as professional knowledge. The right mix of these knowledges is key in creating innovative as well as inventive solutions. Despite the understanding of their importance by the professional community, these are promoted with problems and misunderstanding. The reason for the failure of many non-traditional, innovative approaches is the ignorance of Leadership in the process of their implementation, ie decision-making. In our paper, we focused on the role of Leadership in the educational process and how this knowledge can support decision-making, the selection of a suitable, optimal solution for practice.Keywords: leadership, soft skills, innovation, invention, knowledge
Procedia PDF Downloads 18958 Cultural and Group Understandings of Disability and Sexuality
Authors: Luke Galvani
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The cultural representations of people with disabilities are frequently biased which can lead to a general misunderstanding of disability. Representations of disabled deviance are especially problematic given that they typify or generally abstract disability as being abnormal, which then begin to take root in the cultural mind. This study utilizes critical discourse analysis to investigate how discourses of disabled sexual deviance are promoted within two major films that portray disabled sexual subjects. The findings indicate that perceptions of disabled sexual deviance are heightened by cinematic representations of sex and disability, which characterize disabled sexual expression as being undesirable due to the ephemeral and abnormal qualities ascribed to it.Keywords: deviance, disability, discourse analysis, sexuality
Procedia PDF Downloads 16857 The Communicative Nature of Linguistic Interference in Learning and Teaching of Slavic Languages
Authors: Kseniia Fedorova
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The article is devoted to interlinguistic homonymy and enantiosemy analysis. These phenomena belong to the process of linguistic interference, which leads to violation of the communicative utterances integrity and causes misunderstanding between foreign interlocutors - native speakers of different Slavic languages. More attention is paid to investigation of non-typical speech situations, which occurred spontaneously or created by somebody intentionally being based on described phenomenon mechanism. The classification of typical students' mistakes connected with the paradox of interference is being represented in the article. The survey contributes to speech act theory, contemporary linguodidactics, translation science and comparative lexicology of Slavonic languages.Keywords: adherent enantiosemy, interference, interslavonic homonymy, speech act
Procedia PDF Downloads 24456 Knowledge Audit Model for Requirement Elicitation Process
Authors: Laleh Taheri, Noraini C. Pa, Rusli Abdullah, Salfarina Abdullah
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Knowledge plays an important role to the success of any organization. Software development organizations are highly knowledge-intensive organizations especially in their Requirement Elicitation Process (REP). There are several problems regarding communicating and using the knowledge in REP such as misunderstanding, being out of scope, conflicting information and changes of requirements. All of these problems occurred in transmitting the requirements knowledge during REP. Several researches have been done in REP in order to solve the problem towards requirements. Knowledge Audit (KA) approaches were proposed in order to solve managing knowledge in human resources, financial, and manufacturing. There is lack of study applying the KA in requirements elicitation process. Therefore, this paper proposes a KA model for REP in supporting to acquire good requirements.Keywords: knowledge audit, requirement elicitation process, KA model, knowledge in requirement elicitation
Procedia PDF Downloads 34555 Comparative Analysis of Identity Semiotics in Iran’s Modern and Traditional House Design
Authors: Maryam Ghasemi
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One of the most significant components that provide comfort and protection is having a shelter called a house. Even if components and regions are changed or restored to meet new functions, the house's identity must be preserved. In the contemporary era, houses are increasingly being built regardless of cultural identity. This misunderstanding caused a sense of unease. This study analyses archaic and modern architecture to find semiotic areas and qualities in the latter, using the former as a reference. This study's technique used an exploratory assessment of architectural components from both periods. The Abbasid residence and the Ekbatan architectural complex were used as case studies. The identity of Iranian architecture does not correlate with current buildings. The other part is privacy, which is a missing link between traditional and modern Iranian architecture because it is directly related to the identities of homes based on the cultures of their residents.Keywords: housing, traditional, contemporary, privacy, semiotic
Procedia PDF Downloads 10754 An Investigation of How Pre-Service Physics Teachers Perceived the Results of Buoyancy Force
Authors: Ersin Bozkurt, Şükran Erdoğan
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The purpose of the study is to explore how pre-service teachers perceive buoyancy force effecting an object in a liquid and identify their misconceptions. Pre-service teachers were interviewed to reveal their understandings of an object's floating, suspending and sinking in a liquid. In addition, they were asked about how an object -given its features- moved when it is provided with an external force and when it is released. The so-called circumstances were questioned in a different planet contexts. For this aim, focused group interview method was used. Six focused groups were formed and video recorded during the interval. Each focused group comprised of five pre-service teachers. It was found out pre-service teachers have common misunderstanding and misconceptions. In order to eliminate this conceptual misunderstandings, conceptual change texts were developed and further suggestions were made.Keywords: computer simulations, conceptual change texts, physics education, students’ misconceptions in physics
Procedia PDF Downloads 46653 Factors Contributing to Building Construction Project’s Cost Overrun in Jordan
Authors: Ghaleb Y. Abbasi, Sufyan Al-Mrayat
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This study examined the contribution of thirty-six factors to building construction project’s cost overrun in Jordan. A questionnaire was distributed to a random sample of 350 stakeholders comprised of owners, consultants, and contractors, of which 285 responded. SPSS analysis was conducted to identify the top five causes of cost overrun, which were a large number of variation orders, inadequate quantities provided in the contract, misunderstanding of the project plan, incomplete bid documents, and choosing the lowest price in the contract bidding. There was an agreement among the study participants in ranking the factors contributing to cost overrun, which indicated that these factors were very commonly encountered in most construction projects in Jordan. Thus, it is crucial to enhance the collaboration among the different project stakeholders to understand the project’s objectives and set a realistic plan that takes into consideration all the factors that might influence the project cost, which might eventually prevent cost overrun.Keywords: cost, overrun, building construction projects, Jordan
Procedia PDF Downloads 10752 Strategic Orientation of Islamic Banks: A Review of Strategy Language
Authors: Imam Uddin, Imtiaz Ahmed Memon
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This paper analyzes the ideological contextuality of market oriented strategy language used by Industry leaders to envision the future of Islamic financial Institutions (IFIs) in the light of Wittgenstein language-games and Foucault’s power-discourse framework. The analysis infers that the explicit market orientation of strategy language and modern knowledge of finance now defines various concepts related of Islamic finance, let alone Islamic finance theory itself. Theorizing and practicing Islamic finance therefore under the dominant influence of modern strategy discourse and modern knowledge of finance has significant implications for developing an ethical and spiritual orientation of Islamic banks. The concerned academia and scholarship therefore need to review such trends and work around the possible degradation to the public image of IFIs and resulting disappointments of religiously inspired customers.Keywords: Islamic finance discourse, strategy discourse, language games, strategic intent, productive misunderstanding
Procedia PDF Downloads 40751 Religious Reform and Secularism
Authors: Djehich Mohamed Yousri
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Religious Reform and Secularism present the title of the research paper (Religious Reform and Secularism) is the subject of this research paper. The researcher proceeded to address it through three main axes, in addition to an introduction and a conclusion that indicated the most important results of the study. Where the first axis dealt with the concept of the secular, while the second axis dealt with religious reform, and we devoted the third axis to discussing the relationship between them. It is a treatment that requires the researcher, at the level of methodology, to critically rethink the concepts of (religious) and (secular), and accompany the radical revisions that have been made in the field of (post-secular) studies in this regard. The paper concluded that caution should be exercised in dealing with the terms "religious reform" and "secularism". There are different and diverse viewpoints on (religious reform) and on (secularism) as well, and therefore it is wrong, according to the perspective of the paper, to deal with either of them as representing one comprehensive, homogeneous, closed and semantically stable category. ) or (secularism) with a set of diverse and divergent points of view from each other, a path that ultimately leads to confusion, confusion, ambiguity and misunderstanding.Keywords: secularism, post-secularism, religious reform, concept of religion, the concept of secularism
Procedia PDF Downloads 8050 Public Relations for the Faculty of Management Science in Suan Sunandha Rajabhat University
Authors: Narong Anurak
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The objectives of this research were to investigate the knowledge and understanding of public relations principles for public relations officials of the office of the faculty of management science in Ratjabhat Suan Sunandha University and to determine the approach of public relations for the Office of Faculty of Management Science. The questionnaire was utilized as a tool to collect data. Statistics utilized included frequency, percentage, mean, standard deviation, and regression analysis. The results of the research showed that the public relations officials misunderstood on public relations principles. The lack of the perception in media of the target groups both in-house and outside caused the misunderstanding on the roles, mission, and responsibilities. It would be beneficial to public relations division and other divisions of the office of the faculty of management science to be trained and obtained more knowledge and skills on the public relations to support the public relations work for the organization.Keywords: faculty of management science, preparation in media, public relations, Suan Sunandha Rajabhat University
Procedia PDF Downloads 38449 Health Literacy in Jordan: Obstacles for Doctors and Quality Patient Care
Authors: Etaf Alkhlaifat
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This study drew conceptually on Communication Accommodation Theory to describe and analyze conversations between doctors and patients to examine the extent to which patients’ level of literacy represents one of the linguistic obstacles that may adversely influence the quality of healthcare services in Jordan. A thematic qualitative approach was employed to interpret the phenomena under study, which required direct observation and interviews with doctors (n=6) and patients (n=15) in natural Jordanian medical settings. This generated a comprehensive corpus of audio and videotaped data, which revealed that most doctors expressed dissatisfaction with patients’ ability to express themselves and comprehend them as a result of a lack of medical awareness and limited health education. The significance of this study rests on its detailed investigation of the impact of health literacy on patients’ health outcomes and while providing unique insights into how low health literacy could contribute to misunderstanding and potential ill-health.Keywords: doctor-patient communication, health literacy, medical knowledge, communication accommodation theory, qualitative research
Procedia PDF Downloads 648 What Smart Can Learn about Art
Authors: Faten Hatem
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This paper explores the associated understanding of the role and meaning of art and whether it is perceived to be separate from smart city construction. The paper emphasises the significance of fulfilling the inherent need for discovery and interaction, driving people to explore new places and think of works of art. This is done by exploring the ways of thinking and types of art in Milton Keynes by illustrating a general pattern of misunderstanding that relies on the separation between smart, art, and architecture, promoting a better and deeper understanding of the interconnections between neuroscience, art, and architecture. A reflective approach is used to clarify the potential and impact of using art-based research, methodology, and ways of knowing when approaching global phenomena and knowledge production while examining the process of making and developing smart cities, in particular, asserting that factors can severely impact it in the process of conducting the study itself. It follows a case study as a research strategy. The qualitative methods included data collection and analysis that involved interviews and observations that depended on visuals.Keywords: smart cities, art and smart, smart cities design, smart cities making, sustainability, city brain and smart cities metrics, smart cities standards, smart cities applications, governance, planning and policy
Procedia PDF Downloads 11847 Clarification of the Essential of Life Cycle Cost upon Decision-Making Process: An Empirical Study in Building Projects
Authors: Ayedh Alqahtani, Andrew Whyte
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Life Cycle Cost (LCC) is one of the goals and key pillars of the construction management science because it comprises many of the functions and processes necessary, which assist organisations and agencies to achieve their goals. It has therefore become important to design and control assets during their whole life cycle, from the design and planning phase through to disposal phase. LCCA is aimed to improve the decision making system in the ownership of assets by taking into account all the cost elements including to the asset throughout its life. Current application of LCC approach is impractical during misunderstanding of the advantages of LCC. This main objective of this research is to show a different relationship between capital cost and long-term running costs. One hundred and thirty eight actual building projects in United Kingdom (UK) were used in order to achieve and measure the above-mentioned objective of the study. The result shown that LCC is one of the most significant tools should be considered on the decision making process.Keywords: building projects, capital cost, life cycle cost, maintenance costs, operation costs
Procedia PDF Downloads 54646 Digital Literacy Skills for Geologist in Public Sector
Authors: Angsumalin Puntho
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Disruptive technology has had a great influence on our everyday lives and the existence of an organization. Geologists in the public sector need to keep up with digital technology and be able to work and collaborate in a more effective manner. The result from SWOT and 7S McKinsey analyses suggest that there are inadequate IT personnel, no individual digital literacy development plan, and a misunderstanding of management policies. The Office of Civil Service Commission develops digital literacy skills that civil servants and government officers should possess in order to work effectively; it consists of nine dimensions, including computer skills, internet skills, cyber security awareness, word processing, spreadsheets, presentation programs, online collaboration, graphics editors and cyber security practices; and six steps of digital literacy development including self-assessment, individual development plan, self-learning, certified test, learning reflection, and practices. Geologists can use digital literacy as a learning tool to develop themselves for better career opportunities.Keywords: disruptive technology, digital technology, digital literacy, computer skills
Procedia PDF Downloads 11645 Absence of Arbitrator Duty of Disclosure under the English Arbitration Act 1996
Authors: Qusai Alshahwan
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The arbitrator’s duties of independence and impartiality play a significant role in delivering arbitral awards which legitimate the fundamental of arbitration concepts. For this reason, the international and national arbitration rules require arbitrators to be independent and impartial to solve the arbitration disputes fairly between the parties. However, solving the disputes fairly also requires arbitrators to disclose any existing conflicts of interest with the parties to avoid misunderstanding and late challenges. In contrary with the international and national arbitration rules, the English Arbitration Act 1996 does not include independence as a separate ground for arbitrator’s removal, and importantly the English Arbitration Act 1996 is deliberately silent to the arbitrator duty of disclosure. The absence of arbitrator duty of disclosure is an issue had generated uncertainty and concerns for the arbitration community under the English jurisdiction, particularly when the English courts rejected the IBA guidelines of arbitrator conflict of interest such as in case of Halliburton v Chubb for example. This article is highlighting on the legal consequences of the absence of arbitrator duty of disclosure under the English Arbitration Act 1996 and the arbitrator's contractual obligations.Keywords: arbitration, impartiality, independence, duty of disclosure, English Arbitration Act 1996
Procedia PDF Downloads 13144 The Anatomy of Inter-Religious Conflict in Northern Nigeria: A Conflict without Peace Education
Authors: Shehu Hashimu
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Ever since the independence, Northern Nigeria has been experiencing a flashpoint of all sorts of conflict ranging from ethnoreligious, intra-religious, and inter-religious violence; many people are of the view and worrisome that indeed the region (North) is becoming a religious-political battle-ground. The trends of violence associated with these conflicts are a reflection of high level of misunderstanding, misinform unpolitical zeal toward uplifting peace education for greater enhancement among the religious, ethnic group or sects in the northern region. The aims of this paper, among other things, are to outline the misconception on the term inter-religious conflict. It is justifiable to state the brief historical antecedence of the making of contemporary Northern Nigeria and how conflict is fluctuating over and over without concrete resolution is another concern of the paper. The desirability of peace education in enhancing cordial relations and cementing potholes among various religious sects in the region (Northern Nigeria) cannot over emphasized considering the pivotal role play toward national cohesion; therefore, this paper strategically made a lengthy discourse for elaborations. In the conclusion aspect of it, the paper outline some relevant recommendation and suggestions for viable co-existence if properly implemented.Keywords: anatomy, inter-religious, conflict, peace education
Procedia PDF Downloads 25143 Requirement Analysis for Emergency Management Software
Authors: Tomáš Ludík, Jiří Barta, Sabina Chytilová, Josef Navrátil
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Emergency management is a discipline of dealing with and avoiding risks. Appropriate emergency management software allows better management of these risks and has a direct influence on reducing potential negative impacts. Although there are several emergency management software products in the Czech Republic, they cover user requirements from the emergency management field only partially. Therefore, the paper focuses on the issues of requirement analysis within development of emergency management software. Analysis of the current state describes the basic features and properties of user requirements for software development as well as basic methods and approaches for gathering these requirements. Then, the paper presents more specific mechanisms for requirement analysis based on chosen software development approach: structured, object-oriented or agile. Based on these experiences it is designed new methodology for requirement analysis. Methodology describes how to map user requirements comprehensively in the field of emergency management and thus reduce misunderstanding between software analyst and emergency manager. Proposed methodology was consulted with department of fire brigade and also has been applied in the requirements analysis for their current emergency management software. The proposed methodology has general character and can be used also in other specific areas during requirement analysis.Keywords: emergency software, methodology, requirement analysis, stakeholders, use case diagram, user stories
Procedia PDF Downloads 54042 Learning Chinese Suprasegmentals for a Better Communicative Performance
Authors: Qi Wang
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Chinese has become a powerful worldwide language and millions of learners are studying it all over the words. Chinese is a tone language with unique meaningful characters, which makes foreign learners master it with more difficulties. On the other hand, as each foreign language, the learners of Chinese first will learn the basic Chinese Sound Structure (the initials and finals, tones, Neutral Tone and Tone Sandhi). It’s quite common that in the following studies, teachers made a lot of efforts on drilling and error correcting, in order to help students to pronounce correctly, but ignored the training of suprasegmental features (e.g. stress, intonation). This paper analysed the oral data based on our graduation students (two-year program) from 2006-2013, presents the intonation pattern of our graduates to speak Chinese as second language -high and plain with heavy accents, without lexical stress, appropriate stop endings and intonation, which led to the misunderstanding in different real contexts of communications and the international official Chinese test, e.g. HSK (Chinese Proficiency Test), HSKK (HSK Speaking Test). This paper also demonstrated how the Chinese to use the suprasegmental features strategically in different functions and moods (declarative, interrogative, imperative, exclamatory and rhetorical intonations) in order to train the learners to achieve better Communicative Performance.Keywords: second language learning, suprasegmental, communication, HSK (Chinese Proficiency Test)
Procedia PDF Downloads 43641 The Motivating and Limiting Factors of Learners’ Engagement in an Online Discussion Forum
Authors: K. Durairaj, I. N. Umar
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Lately, asynchronous discussion forum is integrated in higher educational institutions as it may increase learning process, learners’ understanding, achievement and knowledge construction. Asynchronous discussion forum is used to complement the traditional, face-to-face learning session in hybrid learning courses. However, studies have proven that students’ engagement in online forum are still unconvincing. Thus, the aim of this study is to investigate the motivating factors and obstacles that affect the learners’ engagement in asynchronous discussion forum. This study is carried out in one of the public higher educational institutions in Malaysia with 18 postgraduate students as samples. The authors have developed a 40-items questionnaire based on literature review. The results indicate several factors that have encouraged or limited students’ engagement in asynchronous discussion forum: (a) the practices or behaviors of peers, or instructors, (b) the needs for the discussions, (c) the learners’ personalities, (d) constraints in continuing the discussion forum, (e) lack of ideas, (f) the level of thoughts, (g) the level of knowledge construction, (h) technical problems, (i) time constraints and (j) misunderstanding. This study suggests some recommendations to increase the students’ engagement in online forums. Finally, based upon the findings, some implications are proposed for further research.Keywords: asynchronous discussion forum, engagement, factors, motivating, limiting
Procedia PDF Downloads 32640 Analytical Study of Infidelity in Translation with Reference to Literary Texts
Authors: Ruqaya Sabeeh Al-Taie
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The present study strives to answer the question if translation is sometimes betrayal of the original or not. Such a question emanates from the Italian phrase traduttore-traditore – ‘translator, traitor’ or betrayer, which constitutes a problem for all translators since the lexical words, linguistic structures and cultural terms sometimes do not have literal equivalents in diverse languages. To answer the debated question of fidelity and infidelity in translation, and ascertain the implication of the above Italian phrase, the researcher has collected different kinds of parallel texts which are analyzed to examine the reasons behind the translator’s infidelity in translation in general, and in translating literary texts in particular, and how infidelity can be intended and/or unintended by the translator. It has been found that there are four reasons behind intended infidelity: deliberate adaptation to fit the original, modification for specific purposes, translator’s desire, and unethical translation in favor of government or interest group monopolization; whereas there are also four different motives behind unintended infidelity: translator’s misunderstanding, translator’s sectarianism, intralingual translation, and censorship for political, social and religious purposes. As a result, the investable linguistic and cultural dissimilarities between languages, for instance, between English and Arabic, make absolute fidelity impossible, and infidelity in its two kinds, i.e. intended and unintended, unavoidable.Keywords: deliberate adaptation, intended infidelity, literary translation, unintended infidelity
Procedia PDF Downloads 43839 Neither ‘Institutional’ nor ‘Remedial’: Court-Ordered Trusts in English and Canadian Private Law
Authors: Adam Reilly
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The major claim of this paper is that both the English and Canadian branches of the common law have been ill-served by the 'institutional'/'remedial' taxonomy of constructive trusts; what shall be termed the 'orthodox taxonomy'. The orthodox taxonomy is found both within the case law and the attendant academic commentary. In truth, the orthodox taxonomy is especially dangerous because it contains a kernel of truth together with a misconception; the interplay of both has caused more harm than the misconception alone would have managed. The kernel of truth is that some trusts arise automatically when the necessary facts occur ('institutional') and other trusts arise only by way of court order ('remedial'). The misconception is that these two labels represent an exhaustive nomenclature of two distinct 'kinds' of constructive trust such that any particular constructive trust must necessarily be 'institutional' if it is not 'remedial' and vice versa. The central difficulty is that our understanding of 'remedial' trusts is relatively poor, with the result that anyone using the orthodox taxonomy shall be led astray in one of three ways: (i) by rejecting it wholesale; (ii) by adopting one ‘type’ of trust to the exclusion of the other (as in English law); or (iii) by applying it as an analytical device with sub-optimal results which are difficult to defend. This paper shall seek to resolve these difficulties by clarifying the criteria for identifying and distinguishing true 'remedial' constructive trusts. It shall then provide some working examples of how English and Canadian private law at present misunderstand constructive trusts and how that misunderstanding might be resolved once we distinguish the orthodox taxonomy's kernel of truth from the misconception outlined above.Keywords: comparative law, constructive trusts, equitable remedies, remedial constructive trusts
Procedia PDF Downloads 14138 Reversing Community Relationship From the I-It to I-Thou as a Tool for Conflict Resolution and Peace Building in Ethiopia
Authors: Sisaye Tamrat Ayalew
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The study focuses on the nature of community relationships in Ethiopia, specifically the I-Thou and I-It relationships, and how they contribute to conflict resolution and peacebuilding. It highlights the importance of genuine dialogue and mutual understanding in creating a unified and peaceful society. It analyzes the nature of community relationships in Ethiopia and evaluate how these relationships either contribute to conflict resolution or exacerbate conflicts. It aims to understand the role of genuine dialogue (I-Thou relationship) versus monologue (I-It relationship) in building lasting peace in the country. The study adopts a qualitative approach, specifically hermeneutics, to explore and understand the nature of community relationships in Ethiopia. It involves analyzing the characteristics of both I-Thou and I-It relationships and examining how the political elites shape these relationships within the community. The findings of the study indicate that the predominant type of relationship in Ethiopian society is the I-It relationship, referred to as "com-animation". This relationship is characterized by mutual mistrust, prejudice, hostility, and misunderstanding. As a result, conflicts, mass killings, displacement, and human rights violations have occurred. The study emphasizes the importance of shifting from com-animation to communication (I-Thou relationship) in order to address conflicts and establish lasting peace.Keywords: dialogue, I-thou relationship, peace building, I-It relationship
Procedia PDF Downloads 8837 The Quality of Food and Drink Product Labels Translation from Indonesian into English
Authors: Rudi Hartono, Bambang Purwanto
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The translation quality of food and drink labels from Indonesian into English is poor because the translation is not accurate, less natural, and difficult to read. The label translation can be found in some cans packages of food and drink products produced and marketed by several companies in Indonesia. If this problem is left unchecked, it will lead to a misunderstanding on the translation results and make consumers confused. This study was conducted to analyze the translation errors on food and drink products labels and formulate the solution for the better translation quality. The research design was the evaluation research with a holistic criticism approach. The data used were words, phrases, and sentences translated from Indonesian to English language printed on food and drink product labels. The data were processed by using Interactive Model Analysis that carried out three main steps: collecting, classifying, and verifying data. Furthermore, the data were analyzed by using content analysis to view the accuracy, naturalness, and readability of translation. The results showed that the translation quality of food and drink product labels from Indonesian to English has the level of accuracy (60%), level of naturalness (50%), and level readability (60%). This fact needs a help to create an effective strategy for translating food and drink product labels later.Keywords: translation quality, food and drink product labels, a holistic criticism approach, interactive model, content analysis
Procedia PDF Downloads 37336 Federalism, Dual Sovereignty, and the Supreme Court of Nigeria
Authors: Edoba Bright Omoregie
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Nigeria became a federation in 1954 six years before it gained independence away from British colonial rule. The country has remained a federation since then despite the challenging circumstances of military rule and civil strife which have tasked its federal credentials. Since 1961, when it first decided a federalism dispute, cases over vertical and horizontal powers have inundated the country’s Supreme Court. In its current practice of federalism after democratic rule was resumed in 1999, the country has witnessed a spell of intergovernmental disputes over a good number of federalism issues. Such conflicts have eventually found their way to the Supreme Court for resolution, not as a final appellate court (which it is in other non-federal matters) but as a court of first and final instance following the constitutional provision granting the court such power. However, in April 2014 one of such disputes was denied hearing by the court when it declined original jurisdiction to determine the matter. The suit was instituted by one state of the federation against the federal government and the other 35 states challenging the collection of value added tax (a consumption tax)on certain goods and services within the state. The paper appraises the rationale of the court’s decision and reason that its decision to decline jurisdiction is the result of an avoidable misunderstanding of the dual sovereignty instituted by the federal system of Nigeria as well as a misconception of the role which the court is constitutionally assigned to play in resolving intergovernmental schisms in the federal system.Keywords: dual sovereignty, federalism, intergovernmental conflict, Supreme Court
Procedia PDF Downloads 55535 Understanding the Caliphate and Jihad to Prevent Radicalization That Lead to Terrorism: The Role of Social Community in Southeast Asia
Authors: Jordan Daud, Satriya Wibawa, Wahyu Wardhana
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In the summer of 2014, the leaders of the Islamic State of Iraq and Syria proclaimed the founding of religious-political system known as the caliphate which titled Islamic State (IS). As Caliph, Abu Bakr Baghdadi advocated Jihad from the Ummah (the Muslim community) to defend the Islamic state from unbelievers. This call for Jihad by IS had encouraged some radical organization in Southeast Asia pledge allegiance to IS and established bases for IS operation in Southeast Asia. This development had increased security concern for possible terrorism action in Southeast Asia, which currently not very active due to counterterrorism efforts from ASEAN member states and its cooperation with the world. This paper firstly tries to draw understanding from Ulema (Muslim cleric) about the conception of caliphate and Jihad based on Quran and Hadith. Secondly, this paper will elaborate counterterrorism efforts from ASEAN countries to prevent radicalization and terrorism act in addressing the call for jihad to establish IS in Southeast Asia. The third, this paper will recommend the role of the social community, especially Ulema, in Southeast Asia to prevent the misunderstanding of Jihad which usually used by terrorist to justify their action. Hopefully, this social community role will decrease the radicalization of Muslim community in Southeast Asia alongside with the counterterrorism efforts to create secure and stable ASEAN community based on shared norm and values.Keywords: caliphate, jihad, ASEAN, counterterrorism, social community
Procedia PDF Downloads 23334 Understanding Europe’s Role in the Area of Liberty, Security, and Justice as an International Actor
Authors: Barrere Sarah
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The area of liberty, security, and justice within the European Union is still a work in progress. No one can deny that the EU struggles between a monistic and a dualist approach. The aim of our essay is to first review how the European law is perceived by the rest of the international scene. It will then discuss two main mechanisms at play: the interpretation of larger international treaties and the penal mechanisms of European law. Finally, it will help us understand the role of a penal Europe on the international scene with concrete examples. Special attention will be paid to cases that deal with fundamental rights as they represent an interesting case study in Europe and in the rest of the World. It could illustrate the aforementioned duality currently present in the Union’s interpretation of international public law. On the other hand, it will explore some specific European penal mechanism through mutual recognition and the European arrest warrant in the transnational criminality frame. Concerning the interpretation of the treaties, it will first, underline the ambiguity and the general nature of some treaties that leave the EU exposed to tension and misunderstanding then it will review the validity of an EU act (whether or not it is compatible with the rules of International law). Finally, it will focus on the most complete manifestation of liberty, security and justice through the principle of mutual recognition. Used initially in commercial matters, it has become “the cornerstone” of European construction. It will see how it is applied in judicial decisions (its main event and achieving success is via the European arrest warrant) and how European member states have managed to develop this cooperation.Keywords: European penal law, international scene, liberty security and justice area, mutual recognition
Procedia PDF Downloads 40733 Made-in-Japan English and the Negative Impact on English Language Learning
Authors: Anne Crescini
Abstract:
The number of loanwords borrowed into the Japanese language is increasing rapidly in recent years, and many linguists argue that loanwords make up more than 10% of the Japanese lexicon. While these loanwords come from various Western languages, 80%-90% are borrowed from English. Also, there is a separate group of words and phrases categorized as ‘Japanese English’. These made-in-Japan linguistic creations may look and sound like English, but in fact are not used by native speakers and are often incomprehensible to them. Linguistically, the important thing to remember is that these terms are not English ones, but in fact, 100% Japanese words. A problem arises in language teaching, however, when Japanese English learners are unable to distinguish authentic loans from Japanese English terms. This confusion could greatly impede language acquisition and communication. The goal of this paper is to determine to what degree this potential misunderstanding may interfere with communication. Native English speakers living in the United States were interviewed and shown a list of romanized Japanese English terms, which are both commonly used and often mistaken for authentic loans. Then, the words were put into the context of a sentence in order to ascertain if context in any way aided comprehension. The results showed that while some terms are understood on their own, and others are understood better in context, a large number of the terms are entirely incomprehensible to native English speakers. If that is the case, and a Japanese learner mistakes a Japanese English term for an authentic loan, a communication breakdown may occur during interaction in English. With the ever-increasing presence of both groups of terms in the Japanese language, it is more important than ever that teaching professionals address this topic in the language classroom.Keywords: Japanese, Japanese English, language acquisition, loanwords
Procedia PDF Downloads 222