Search results for: legal translation
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2083

Search results for: legal translation

1783 Sharia, Legal Pluralism and Muslim Personal Law in Contemporary India

Authors: K. C. Mujeebu Rahman

Abstract:

Over the years, discussions in India regarding personal law in India have focused on its deficiencies, increasing involvement of the judiciary, and the pursuit of uniformity. However, little attention has been given to understanding how the law functions in a multicultural nation committed to political secularism. This paper addresses this gap by exploring the mahallu system in Malabar, shedding light on the decision-making process within Muslim personal law. It reveals that this process is deeply rooted in everyday micro-politics, sectarian dynamics, social pressure, and emotions. Through an in-depth examination of a triple talaq case, the paper demonstrates how love (or the lack of it), family expectations, and community authority intersect in resolving marital disputes. Instead of a straightforward legal interpretation, this process leads to a complex maze of micro-politics involving local religious factions and authorities. The paper underscores that the non-state quasi-legal institutions within the mahallu system represent a distinct form of legal pluralism characterized by intricate power dynamics at multiple levels. Moreover, it highlights the interplay between what is considered legally valid and what is deemed socially legitimate.

Keywords: islamic law, sharia, fatwa, muslim personal law

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1782 Public Interest Law for Gender Equality: An Exploratory Study of the 'Single Woman Reproductive Rights' Movement in China

Authors: Xiaofei Zhu

Abstract:

As a 'weapon of the weak', the Public Interest Law can provide a better perspective for the cause of gender justice. In recent years, the legal practice of single female reproductive rights in China has already possessed the elements of public interest law activities and the possibility of public interest law operation. Through the general operating procedures of public interest law practice, that is, from the choice of subject, the planning of the case, the operation of the strategy and the later development, the paper analyzes the gains and losses of the legal practice of single female reproductive rights in China, and puts forward some ideas on its possible operation path. On this basis, it is believed that the cause of women's rights should be carried out under the broad human rights perspective; it is necessary to realize the particularity of different types of women's rights protection practice; the practice of public interest law needs to accurately grasp the constituent elements of all aspects of the case, and strive to find the opportunities of institutional and social change; the practice of public welfare law of gender justice should be carried out from a long-term perspective.

Keywords: single women’s reproductive rights, public interest law, gender justice, legal strategies, legal change

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1781 Liability of AI in Workplace: A Comparative Approach Between Shari’ah and Common Law

Authors: Barakat Adebisi Raji

Abstract:

In the workplace, Artificial Intelligence has, in recent years, emerged as a transformative technology that revolutionizes how organizations operate and perform tasks. It is a technology that has a significant impact on transportation, manufacturing, education, cyber security, robotics, agriculture, healthcare, and so many other organizations. By harnessing AI technology, workplaces can enhance productivity, streamline processes, and make more informed decisions. Given the potential of AI to change the way we work and its impact on the labor market in years to come, employers understand that it entails legal challenges and risks despite the advantages inherent in it. Therefore, as AI continues to integrate into various aspects of the workplace, understanding the legal and ethical implications becomes paramount. Also central to this study is the question of who is held liable where AI makes any defaults; the person (company) who created the AI, the person who programmed the AI algorithm or the person who uses the AI? Thus, the aim of this paper is to provide a detailed overview of how AI-related liabilities are addressed under each legal tradition and shed light on potential areas of accord and divergence between the two legal cultures. The objectives of this paper are to (i) examine the ability of Common law and Islamic law to accommodate the issues and damage caused by AI in the workplace and the legality of compensation for such injury sustained; (ii) to discuss the extent to which AI can be described as a legal personality to bear responsibility: (iii) examine the similarities and disparities between Common Law and Islamic Jurisprudence on the liability of AI in the workplace. The methodology adopted in this work was qualitative, and the method was purely a doctrinal research method where information is gathered from the primary and secondary sources of law, such as comprehensive materials found in journal articles, expert-authored books and online news sources. Comparative legal method was also used to juxtapose the approach of Islam and Common Law. The paper concludes that since AI, in its current legal state, is not recognized as a legal entity, operators or manufacturers of AI should be held liable for any damage that arises, and the determination of who bears the responsibility should be dependent on the circumstances surrounding each scenario. The study recommends the granting of legal personality to AI systems, the establishment of legal rights and liabilities for AI, the establishment of a holistic Islamic virtue-based AI ethics framework, and the consideration of Islamic ethics.

Keywords: AI, health- care, agriculture, cyber security, common law, Shari'ah

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1780 The Legal Procedure of Attestation of Public Servants

Authors: Armen Yezekyan

Abstract:

The main purpose of this research is to comprehensively explore and identify the problems of attestation of the public servants and to propose solutions for these issues through deeply analyzing laws and the legal theoretical literature. For the detailed analysis of the above-mentioned problems we will use some research methods, the implementation of which has a goal to ensure the objectivity and clarity of scientific research and its results.

Keywords: attestation, attestation commission, competition commission, public servant, public service, testing

Procedia PDF Downloads 396
1779 Formulating a Definition of Hate Speech: From Divergence to Convergence

Authors: Avitus A. Agbor

Abstract:

Numerous incidents, ranging from trivial to catastrophic, do come to mind when one reflects on hate. The victims of these belong to specific identifiable groups within communities. These experiences evoke discussions on Islamophobia, xenophobia, homophobia, anti-Semitism, racism, ethnic hatred, atheism, and other brutal forms of bigotry. Common to all these is an invisible but portent force that drives all of them: hatred. Such hatred is usually fueled by a profound degree of intolerance (to diversity) and the zeal to impose on others their beliefs and practices which they consider to be the conventional norm. More importantly, the perpetuation of these hateful acts is the unfortunate outcome of an overplay of invectives and hate speech which, to a greater extent, cannot be divorced from hate. From a legal perspective, acknowledging the existence of an undeniable link between hate speech and hate is quite easy. However, both within and without legal scholarship, the notion of “hate speech” remains a conundrum: a phrase that is quite easily explained through experiences than propounding a watertight definition that captures the entire essence and nature of what it is. The problem is further compounded by a few factors: first, within the international human rights framework, the notion of hate speech is not used. In limiting the right to freedom of expression, the ICCPR simply excludes specific kinds of speeches (but does not refer to them as hate speech). Regional human rights instruments are not so different, except for the subsequent developments that took place in the European Union in which the notion has been carefully delineated, and now a much clearer picture of what constitutes hate speech is provided. The legal architecture in domestic legal systems clearly shows differences in approaches and regulation: making it more difficult. In short, what may be hate speech in one legal system may very well be acceptable legal speech in another legal system. Lastly, the cornucopia of academic voices on the issue of hate speech exude the divergence thereon. Yet, in the absence of a well-formulated and universally acceptable definition, it is important to consider how hate speech can be defined. Taking an evidence-based approach, this research looks into the issue of defining hate speech in legal scholarship and how and why such a formulation is of critical importance in the prohibition and prosecution of hate speech.

Keywords: hate speech, international human rights law, international criminal law, freedom of expression

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1778 Crossing the Interdisciplinary Border: A Multidimensional Linguistics Analysis of a Legislative Discourse

Authors: Manvender Kaur Sarjit Singh

Abstract:

There is a crucial mismatch between classroom written language tasks and real world written language requirements. Realizing the importance of reducing the gap between the professional needs of the legal practitioners and the higher learning institutions that offer the legislative education in Malaysia, it is deemed necessary to develop a framework that integrates real-life written communication with the teaching of content-based legislative discourse to future legal practitioners. By highlighting the actual needs of the legal practitioners in the country, the present teaching practices will be enhanced and aligned with the actual needs of the learners thus realizing the vision and aspirations of the Malaysian Education Blueprint 2013-2025 and Legal Profession Qualifying Board. The need to focus future education according to the actual needs of the learners can be realized by developing a teaching framework which is designed within the prospective requirements of its real-life context. This paper presents the steps taken to develop a specific teaching framework that fulfills the fundamental real-life context of the prospective legal practitioners. The teaching framework was developed based on real-life written communication from the legal profession in Malaysia, using the specific genre analysis approach which integrates a corpus-based approach and a structural linguistics analysis. This approach was adopted due to its fundamental nature of intensive exploration of the real-life written communication according to the established strategies used. The findings showed the use of specific moves and parts-of-speech by the legal practitioners, in order to prepare the selected genre. The teaching framework is hoped to enhance the teachings of content-based law courses offered at present in the higher learning institutions in Malaysia.

Keywords: linguistics analysis, corpus analysis, genre analysis, legislative discourse

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1777 Evaluation Means in English and Russian Academic Discourse: Through Comparative Analysis towards Translation

Authors: Albina Vodyanitskaya

Abstract:

Given the culture- and language-specific nature of evaluation, this phenomenon is widely studied around the linguistic world and may be regarded as a challenge for translators. Evaluation penetrates all the levels of a scientific text, influences its composition and the reader’s attitude towards the information presented. One of the most challenging and rarely studied phenomena is the individual style of the scientific writer, which is mostly reflected in the use of evaluative language means. The evaluative and expressive potential of a scientific text is becoming more and more welcoming area for researchers, which stems in the shift towards anthropocentric paradigm in linguistics. Other reasons include: the cognitive and psycholinguistic processes that accompany knowledge acquisition, a genre-determined nature of a scientific text, the increasing public concern about the quality of scientific papers and some such. One more important issue, is the fact that linguists all over the world still argue about the definition of evaluation and its functions in the text. The author analyzes various approaches towards the study of evaluation and scientific texts. A comparative analysis of English and Russian dissertations and other scientific papers with regard to evaluative language means reveals major differences and similarities between English and Russian scientific style. Though standardized and genre-specific, English scientific texts contain more figurative and expressive evaluative means than the Russian ones, which should be taken into account while translating scientific papers. The processes that evaluation undergoes while being expressed by means of a target language are also analyzed. The author offers a target-language-dependent strategy for the translation of evaluation in English and Russian scientific texts. The findings may contribute to the theory and practice of translation and can increase scientific writers’ awareness of inter-language and intercultural differences in evaluative language means.

Keywords: academic discourse, evaluation, scientific text, scientific writing, translation

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1776 Juridically Secure Trade Mechanisms for Alternative Dispute Resolution in Transnational Business Negotiations

Authors: Linda Frazer

Abstract:

A pluralistic methodology focuses on promoting an understanding that an alternative juridical framework for the regulation of transnational business negotiations (TBN) between private business parties is fundamentally required. This paper deals with the evolving assessment of the doctoral research of the author which demonstrated that due to insufficient juridical tools, negotiations are commonly misunderstood within the complexity of pluralistic and conflicting legal regimes. This inadequacy causes uncertainty in the enforcement of legal remedies, leaving business parties surprised. Consequently, parties cannot sufficiently anticipate when and how legal rights and obligations are created, often counting on oral or incomplete agreements which may lead to the misinterpretation of the extent of their legal rights and obligations. This uncertainty causes threats to business parties for fear of creating unintended legal obligations or, conversely, that law will not enforce intended agreements for failure to pass the tests of contractual validity. A need to find a manner to set default standards of communications and standards of conduct to monitor our evolving global trade would aid law to provide the security, predictability and foreseeability during alternative dispute resolution required by TBN parties. The conclusion of this study includes a proposal of new trade mechanisms, termed 'Bills of Negotiations' (BON) to enhance party autonomy and promote the ability for TBN parties to self-regulate within the boundaries of law. BON will be guided by a secure juridical institutionalized setting that caters to guiding communications during TBN and resolving disputes that arise along the negotiation processes on a fast track basis.

Keywords: alternative resolution disputes, ADR, good faith, good faith, juridical security, legal regulation, trade mechanisms, transnational business negotiations

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1775 Modern Problems of Russian Sport Legislation

Authors: Yurlov Sergey

Abstract:

The author examines modern problems of Russian sport legislation and whether it need to be changed in order to allow all sportsmen to participate, train and have another sportsmen’s rights as Russian law mandates. The article provides an overview of Russian sport legislation problems, provides examples of foreign countries. In addition, the author suggests solutions for existing legal problems.

Keywords: amendment, legal problem, right, sport

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1774 Design and Implementation of Embedded FM Transmission Control SW for Low Power Battery System

Authors: Young-Su Ryu, Kyung-Won Park, Jae-Hoon Song, Ki-Won Kwon

Abstract:

In this paper, an embedded frequency modulation (FM) transmission control software (SW) for a low power battery system is designed and implemented. The simultaneous translation systems for various languages are needed as so many international conferences and festivals are held in world wide. Especially in portable transmitting and receiving systems, the ability of long operation life is used for a measure of value. This paper proposes an embedded FM transmission control SW for low power battery system and shows the results of the SW implemented on a portable FM transmission system.

Keywords: FM transmission, simultaneous translation system, portable transmitting and receiving systems, low power embedded control SW

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1773 The Legal Position of Criminal Prevention in the Metaverse World

Authors: Andi Intan Purnamasari, Supriyadi, Sulbadana, Aminuddin Kasim

Abstract:

Law functions as social control. Providing arrangements not only for legal certainty, but also in the scope of justice and expediency. The three values ​​achieved by law essentially function to bring comfort to each individual in carrying out daily activities. However, it is undeniable that global conditions have changed the orientation of people's lifestyles. Some people want to ensure their existence in the digital world which is popularly known as the metaverse. Some countries even project their city to be a metaverse city. The order of life is no longer limited to the real space, but also to the cyber world. Not infrequently, legal events that occur in the cyber world also force the law to position its position and even prevent crime in cyberspace. Through this research, conceptually it provides a view of the legal position in crime prevention in the Metaverse world. when the law acts to regulate the situation in the virtual world, of course some people will feel disturbed, this is due to the thought that the virtual world is a world in which an avatar can do things that cannot be done in the real world, or can be called a world without boundaries. Therefore, when the law is present to provide boundaries, of course the concept of the virtual world itself becomes no longer a cyber world that is not limited by space and time, it becomes a new order of life. approach, approach, approach, approach, and approach will certainly be the method used in this research.

Keywords: crime, cyber, metaverse, law

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1772 Cross Cultural Adaptation and Content Validation of the Assessment Instrument Preschooler Awareness of Stuttering Survey

Authors: Catarina Belchior, Catarina Martins, Sara Mendes, Ana Rita S. Valente, Elsa Marta Soares

Abstract:

Introduction: The negative feelings and attitudes that a person who stutters can develop are extremely relevant when considering assessment and intervention in Speech and Language Therapy. This relates to the fact that the person who stutters can experience feelings such as shame, fear and negative beliefs when communicating. Considering the complexity and importance of integrating diverse aspects in stuttering intervention, it is central to identify those emotions as early as possible. Therefore, this research aimed to achieve the translation, adaptation to European Portuguese and to analyze the content validation of the Preschooler Awareness Stuttering Survey (Abbiati, Guitar & Hutchins, 2015), an instrument that allows the assessment of the impact of stuttering on preschool children who stutter considering feelings and attitudes. Methodology: Cross-sectional descriptive qualitative research. The following methodological procedures were followed: translation, back-translation, panel of experts and pilot study. This abstract describes the results of the first three phases of this process. The translation was accomplished by two Speech Language Therapists (SLT). Both professionals have more than five years of experience and are users of English language. One of them has a broad experience in the field of stuttering. Back-translation was conducted by two bilingual individuals without experience in health or any knowledge about the instrument. The panel of experts was composed by 3 different SLT, experts in the field of stuttering. Results and Discussion: In the translation and back-translation process it was possible to verify differences in semantic and idiomatic equivalences of several concepts and expressions, as well as the need to include new information to enhance the understanding of the application of the instrument. The meeting between the two translators and the researchers allowed the achievement of a consensus version that was used in back-translation. Considering adaptation and content validation, the main change made by the experts was the conceptual equivalence of the questions and answers of the instrument's sheets. Considering that in the translated consensus version the questions began with various nouns such as 'is' or 'the cow' and that the answers did not contain the adverb 'much' as in the original instrument, the panel agreed that it would be more appropriate if the questions all started with 'how' and that all the answers should present the adverb 'much'. This decision was made to ensure that the translate instrument would be similar to the original and so that the results obtained could be comparable between the original and the translated instrument. There was also elaborated one semantic equivalence between concepts. The panel of experts found that all other items and specificities of the instrument were adequate, concluding the adequacy of the instrument considering its objectives and its intended target population. Conclusion: This research aspires to diversify the existing validated resources in this scope, adding a new instrument that allows the assessment of preschool children who stutter. Consequently, it is hoped that this instrument will provide a real and reliable assessment that can lead to an appropriate therapeutic intervention according to the characteristics and needs of each child.

Keywords: stuttering, assessment, feelings and attitudes, speech language therapy

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1771 Examining the Dubbing Strategies Used in the Egyptian Dubbed Version of Mulan (1998)

Authors: Shaza Melies, Saadeya Salem, Seham Kareh

Abstract:

Cartoon films are multisemiotic as various modes integrate in the production of meaning. This study aims to examine the cultural and linguistic specific references in the Egyptian dubbed cartoon film Mulan. The study examines the translation strategies implemented in the Egyptian dubbed version of Mulan to meet the cultural preferences of the audience. The study reached the following findings: Using the traditional translation strategies does not deliver the intended meaning of the source text and causes loss in the intended humor. As a result, the findings showed that in the dubbed version, translators tend to omit, change, or add information to the target text to be accepted by the audience. The contrastive analysis of the Mulan (English and dubbed versions) proves the connotations that the dubbing has taken to be accepted by the target audience. Cartoon films are multisemiotic as various modes integrate in the production of meaning. This study aims to examine the cultural and linguistic specific references in the Egyptian dubbed cartoon film Mulan. The study examines the translation strategies implemented in the Egyptian dubbed version of Mulan to meet the cultural preferences of the audience. The study reached the following findings: Using the traditional translation strategies does not deliver the intended meaning of the source text and causes loss in the intended humor. As a result, the findings showed that in the dubbed version, translators tend to omit, change, or add information to the target text to be accepted by the audience. The contrastive analysis of the Mulan (English and dubbed versions) proves the connotations that the dubbing has taken to be accepted by the target audience.

Keywords: domestication, dubbing, Mulan, translation theories

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1770 Regulating the Emerging Platform Economy in Ethiopia: Issues in the Ride-Hailing Platforms

Authors: Nebiat Lemenih Lenger

Abstract:

Today, the digital economy is evolving faster than ever in Ethiopia. Platforms that provide a ride-hailing service are growing fast in the country. The market welcomed them as they disrupt it with quality services and lower prices. This revolution is, however, not without challenges. These include cybersecurity breaches, facilitating illegal economic activities, and challenging concepts of privacy. To mitigate the risks and utilize the benefits, appropriate regulation should be introduced in the economy. By identifying legal and institutional gaps in Ethiopia`s digital economy, this research work assists the government`s effort to create a better digital economy. Moreover, this study, being a pioneer study in the area, will be an input for further studies in academia. The research employs a qualitative legal research method and analyzes various legal and policy instruments in Ethiopia in comparison with best international experiences. As this research applies a qualitative research method, a grounded theory method of data analysis is used. The research concluded that Ethiopia is far from designing appropriate legal and regulatory infrastructures. Due to the government monopoly of the sector, there is poor digital infrastructure in the country. The existing labor laws have no specific provisions on the rights and obligations of gig workers.

Keywords: Ethiopia, gig economy, digital, ride-hailing, regulation

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1769 Constitutional Status of a Child in the Republic of Belarus and Its Principles

Authors: Maria Ashitko

Abstract:

The Constitution of the Republic of Belarus is based on the principle of the unity of rights and obligations, including those of the child. The constitutional status of the child is aspecific system of constitutional elements established and guaranteed by the state through the current legislation and regulatory acts that ensure the special legal status of the child, his or her constitutional legal capacity, implementation of the principles of the constitutional and legal status of the child, constitutional rights of the child and their safeguards. Under the principles of the constitutional status of the child, we consider the general, normative, social-volitional rules of behavior established by the Constitution of the Republic of Belarus, laws and other regulatory acts that determine the content and social purpose of the legal status of the child. The constitutional and legal status of the child is characterized by the following special principles, which form a feature of the state legal system:1) Ensuring the interests of the child means providing for the child in accordance with his or her age, state of health, characteristics of development, life experience, family life, cultural traditions, ethnicity. 2) The principle of equal responsibility of both parents or their substitutes characterized by caring for the next generation as one of the priority tasks of the state and society, and all issues related to the implementation of children’s rights should be addressed at the constitutional level. 3) We would like to highlight such a special principle as the subprinciple of safeguards, which is the principle of ensuring the safety of the child. It is also worth noting that in legal studies, there is no relationship between safety and constitutional rights as general safeguards of individual rights and freedoms, and as special safeguards for the right to life. 4) The principle of justice is expressed by the fact that in modern conditions, the quality of life is determined not only by material wealth but also by the ability of the state to ensure the harmonization of social relations and social harmony on the basis of humanism and justice. Thus, the specificity of the constitutional status of the child is the age boundary between adulthood and minority; therefore, we propose to highlight the age characteristics of the child as an additional element. It is advisable to highlight such a special principle as the subprinciple of safeguards, which is the principle of ensuring the safety of the child.

Keywords: children’s rights, constitutional status, constitutional principles, constitutional rights

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1768 Translating Discourse Organization Structures Used in Chinese and English Scientific and Engineering Writings

Authors: Ming Qian, Davis Qian

Abstract:

This study compares the different organization structures of Chinese and English writing discourses in the engineering and scientific fields, and recommends approaches for translators to convert the organization structures properly. Based on existing intercultural communication literature, English authors tend to deductively give their main points at the beginning, following with detailed explanations or arguments afterwards while the Chinese authors tend to place their main points inductively towards the end. In this study, this hypothesis has been verified by the authors’ Chinese-to-English translation experiences in the fields of science and engineering (e.g. journal papers, conference papers and monographs). The basic methodology used is the comparison of writings by Chinese authors with writings of the same or similar topic written by English authors in terms of organization structures. Translators should be aware of this nuance, so that instead of limiting themselves to translating the contents of an article in its original structure, they can convert the structures to fill the cross-culture gap. This approach can be controversial because if a translator changes the structure organization of a paragraph (e.g. from a 'because-therefore' inductive structure by a Chinese author to a deductive structure in English), this change of sentence order could be questioned by the original authors. For this reason, translators need to properly inform the original authors on the intercultural differences of English and Chinese writing (e.g. inductive structure versus deductive structure), and work with the original authors to maintain accuracy while converting from one structure used in a source language to another structure in the target language. The authors have incorporated these methodologies into their translation practices and work closely with the authors on the inter-cultural organization structure mapping. Translating discourse organization structure should become a standard practice in the translation process.

Keywords: discourse structure, information structure, intercultural communication, translation practice

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1767 Citation Analysis of New Zealand Court Decisions

Authors: Tobias Milz, L. Macpherson, Varvara Vetrova

Abstract:

The law is a fundamental pillar of human societies as it shapes, controls and governs how humans conduct business, behave and interact with each other. Recent advances in computer-assisted technologies such as NLP, data science and AI are creating opportunities to support the practice, research and study of this pervasive domain. It is therefore not surprising that there has been an increase in investments into supporting technologies for the legal industry (also known as “legal tech” or “law tech”) over the last decade. A sub-discipline of particular appeal is concerned with assisted legal research. Supporting law researchers and practitioners to retrieve information from the vast amount of ever-growing legal documentation is of natural interest to the legal research community. One tool that has been in use for this purpose since the early nineteenth century is legal citation indexing. Among other use cases, they provided an effective means to discover new precedent cases. Nowadays, computer-assisted network analysis tools can allow for new and more efficient ways to reveal the “hidden” information that is conveyed through citation behavior. Unfortunately, access to openly available legal data is still lacking in New Zealand and access to such networks is only commercially available via providers such as LexisNexis. Consequently, there is a need to create, analyze and provide a legal citation network with sufficient data to support legal research tasks. This paper describes the development and analysis of a legal citation Network for New Zealand containing over 300.000 decisions from 125 different courts of all areas of law and jurisdiction. Using python, the authors assembled web crawlers, scrapers and an OCR pipeline to collect and convert court decisions from openly available sources such as NZLII into uniform and machine-readable text. This facilitated the use of regular expressions to identify references to other court decisions from within the decision text. The data was then imported into a graph-based database (Neo4j) with the courts and their respective cases represented as nodes and the extracted citations as links. Furthermore, additional links between courts of connected cases were added to indicate an indirect citation between the courts. Neo4j, as a graph-based database, allows efficient querying and use of network algorithms such as PageRank to reveal the most influential/most cited courts and court decisions over time. This paper shows that the in-degree distribution of the New Zealand legal citation network resembles a power-law distribution, which indicates a possible scale-free behavior of the network. This is in line with findings of the respective citation networks of the U.S. Supreme Court, Austria and Germany. The authors of this paper provide the database as an openly available data source to support further legal research. The decision texts can be exported from the database to be used for NLP-related legal research, while the network can be used for in-depth analysis. For example, users of the database can specify the network algorithms and metrics to only include specific courts to filter the results to the area of law of interest.

Keywords: case citation network, citation analysis, network analysis, Neo4j

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1766 Juvenile Justice in China: A Historical Approach

Authors: Xianlu Zeng

Abstract:

China has undergone rapid economic growth over the last three decades. During this time, China-focused study has become one of the most popular areas of research. However, even though China has one of the oldest legal traditions in the world, there is limited research available regarding the development and operation of China’s juvenile justice system. This article will provide general information about China’s juvenile justice tradition along with a review of its reformation in 2013. A discussion is presented that provides some thoughts about how successful these reforms have been and where China may need to head.

Keywords: China, history, juvenile justice, legal traditions

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1765 Sinhala Sign Language to Grammatically Correct Sentences using NLP

Authors: Anjalika Fernando, Banuka Athuraliya

Abstract:

This paper presents a comprehensive approach for converting Sinhala Sign Language (SSL) into grammatically correct sentences using Natural Language Processing (NLP) techniques in real-time. While previous studies have explored various aspects of SSL translation, the research gap lies in the absence of grammar checking for SSL. This work aims to bridge this gap by proposing a two-stage methodology that leverages deep learning models to detect signs and translate them into coherent sentences, ensuring grammatical accuracy. The first stage of the approach involves the utilization of a Long Short-Term Memory (LSTM) deep learning model to recognize and interpret SSL signs. By training the LSTM model on a dataset of SSL gestures, it learns to accurately classify and translate these signs into textual representations. The LSTM model achieves a commendable accuracy rate of 94%, demonstrating its effectiveness in accurately recognizing and translating SSL gestures. Building upon the successful recognition and translation of SSL signs, the second stage of the methodology focuses on improving the grammatical correctness of the translated sentences. The project employs a Neural Machine Translation (NMT) architecture, consisting of an encoder and decoder with LSTM components, to enhance the syntactical structure of the generated sentences. By training the NMT model on a parallel corpus of Sinhala wrong sentences and their corresponding grammatically correct translations, it learns to generate coherent and grammatically accurate sentences. The NMT model achieves an impressive accuracy rate of 98%, affirming its capability to produce linguistically sound translations. The proposed approach offers significant contributions to the field of SSL translation and grammar correction. Addressing the critical issue of grammar checking, it enhances the usability and reliability of SSL translation systems, facilitating effective communication between hearing-impaired and non-sign language users. Furthermore, the integration of deep learning techniques, such as LSTM and NMT, ensures the accuracy and robustness of the translation process. This research holds great potential for practical applications, including educational platforms, accessibility tools, and communication aids for the hearing-impaired. Furthermore, it lays the foundation for future advancements in SSL translation systems, fostering inclusive and equal opportunities for the deaf community. Future work includes expanding the existing datasets to further improve the accuracy and generalization of the SSL translation system. Additionally, the development of a dedicated mobile application would enhance the accessibility and convenience of SSL translation on handheld devices. Furthermore, efforts will be made to enhance the current application for educational purposes, enabling individuals to learn and practice SSL more effectively. Another area of future exploration involves enabling two-way communication, allowing seamless interaction between sign-language users and non-sign-language users.In conclusion, this paper presents a novel approach for converting Sinhala Sign Language gestures into grammatically correct sentences using NLP techniques in real time. The two-stage methodology, comprising an LSTM model for sign detection and translation and an NMT model for grammar correction, achieves high accuracy rates of 94% and 98%, respectively. By addressing the lack of grammar checking in existing SSL translation research, this work contributes significantly to the development of more accurate and reliable SSL translation systems, thereby fostering effective communication and inclusivity for the hearing-impaired community

Keywords: Sinhala sign language, sign Language, NLP, LSTM, NMT

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1764 Fake News During COVID-19 Pandemic: An Overview from A Legal Perspective

Authors: Ida Shafinaz Mohamed Kamil, Mohd Dahlan Abdul Malek

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Today, the whole world is facing a catastrophe called the novel coronavirus disease known as COVID-19. As of October 2021, it has been reported that more than 248 million cases and 5 million deaths have been recorded worldwide. In Malaysia, 2,466,663 cases were reported, with 28,876 deaths recorded on 30 October 2021. Unfortunately, the world is not only facing the COVID-19 pandemic but the COVID-19 infodemic as well, where fake news about COVID-19 disease is spreading faster and more widely than from the virus itself. The spread of fake news is amplified through various social media platforms, which is causing concern among the community. The uncertainty in understanding what fake news really is has caused difficulties and challenges in providing a solution to the hazards that it creates. This article discusses what constitutes fake news and examines the current legal framework put in place to combat fake news in Malaysia. Employing a doctrinal research methodology, this article thoroughly analyzes the relevant legal provisions under the Communications and Multimedia Act 1998, the Penal Code and the Emergency (Essential Powers) Ordinance (No.2) 2021, which came into force on 12 March 2021 as well as related case laws, for offenses and punishments with regards to fake news. The findings from the analysis indicate that there is still room for improvement in regulating fake news, in particular concerning COVID-19.

Keywords: fake news, legal pespective, covid 19, pendemic

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1763 An Investigation of the Mystic Term on 'The Conference of the Birds' of Attar on the Basis of Van Doorslaer's Map

Authors: Saber Noie

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This research follows some objectives to consider the mystic terms as one of the main issues in translation of poems. Firstly, it is an attempt to find out what strategies have been used to find equivalents for source text mystic. Second, it is hoped that this study of the translations of the mystic terms in Attar’s poems will further address and explore the problems in translating mystic texts, proposed by other Persian poets and suggest instructional points from Davis work for translation education. In order to deal with such a breadth of work, a new conceptual tool was developed, as explained by Van Doorslaer (2007). This study shows that according to Van Doorslaer’s map, the mystic terms can be transferred to the target language (TL) with their exact content of the source language (SL) if the translator has a good choice for any term.

Keywords: metaphor, mystic, mysticism, source language (SL), target language (TL)

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1762 Conflicts and Similarities among Energy Law, Environmental Law and Economic Aspects

Authors: Bahareh Arghand, Seyed Abbas Poorhashemi, Ramin Roshandel

Abstract:

Nowadays, Economic growth and the increasing use of fossil fuel have caused major damages to environment. Therefore, international law has tried to codify the rules and regulations and identify legal principles to decrease conflict of interests between energy law and environmental law. The open relationship between energy consumption and the law of nature has been ignored for years, because the focus of energy law has been on an affordable price of a reliable supply of energy; while the focus of environmental law was on protection of the nature. In fact, the legal and overall policies of energy are based on Sic Omnes and inter part for governments whereas environmental law is based on common interests and Erga Omnes. The relationship between energy law, environmental law and economic aspects is multilateral, complex and important. Moreover, they influence each other. There are similarities in the triangle of energy, environment and economic aspects and in some cases there are conflict of interest but their conflicts are in goals not in practice and their legal jurisdiction is in international law. The development of national and international rules and regulations relevant to energy-environment has been done by separate sectors, whereas sustainable development principle, especially in the economic sector, requires environmental considerations. It is an important turning point to integrate and decrease conflict of interest among energy law, environmental law and economic aspects. The present study examines existing legal principles on energy and the environment and identifies the similarities and conflicts based on the descriptive-analytic study. The purpose of investigating these legal principles is to integrate and decrease conflict of interest between energy law and environmental law.

Keywords: energy law, environmental law, erga omnes, sustainable development

Procedia PDF Downloads 358
1761 Original and the Translated: A Comparative Evaluation of Native and Non-Native English Translations of Faiz

Authors: Anam Nawaz

Abstract:

The present study is an attempt to compare the translations of Faiz’s poetry made by native and non-native translators, to determine the role of the translator in terms of preserving the cultural ethos of the original text. Peter Newmark and Katharine Reiss’s approaches to translation criticism have been used to provide a theoretical framework for the study. This study also emphasizes those cultural and semantic aspects of the original which are translated more convincingly by a native translator, and contrasting those features which the non-natives can tackle more ably. The research also highlights the linguistic sockets, ignored by the interpreters in the translation process. The analysis showed that both native and non-native translators have made an admirable effort to stay as close to the original as possible. The natives with their advantage of belonging to the same culture have excelled in preserving the original subject matter, whereas the non-native renderings have been presented in a much rhythmic and poetic manner with an excellent choice of words. Though none of the four translators has been successfully able to recreate Faiz’s magic, however V. G. Kiernan and Sarvat Rahman’s translations can be regarded as the closest to the original. Whereas V. G. Kiernan with his outstanding command over English mesmerizes the readers, Sarvat Rahman’s profound understanding of cultural ties helps establish her translations as a brilliant example of faithful re-renderings.

Keywords: comparative translations, linguistic and cultural constraints, native translators, non-native translators, poetry and translation, Faiz Ahmad Faiz

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1760 Information Literacy Skills of Legal Practitioners in Khyber Pakhtunkhwa-Pakistan: An Empirical Study

Authors: Saeed Ullah Jan, Shaukat Ullah

Abstract:

Purpose of the study: The main theme of this study is to explore the information literacy skills of the law practitioners in Khyber Pakhtunkhwa-Pakistan under the heading "Information Literacy Skills of Legal Practitioners in Khyber Pakhtunkhwa-Pakistan: An Empirical Study." Research Method and Procedure: To conduct this quantitative study, the simple random sample approach is used. An adapted questionnaire is distributed among 254 lawyers of Dera Ismail Khan through personal visits and electronic means. The data collected is analyzed through SPSS (Statistical Package for Social Sciences) software. Delimitations of the study: The study is delimited to the southern district of Khyber Pakhtunkhwa: Dera Ismael Khan. Key Findings: Most of the lawyers of District Dera Ismail Khan of Khyber Pakhtunkhwa can recognize and understand the needed information. A large number of lawyers are capable of presenting information in both written and electronic forms. They are not comfortable with different legal databases and using various searching and keyword techniques. They have less knowledge of Boolean operators for locating online information. Conclusion and Recommendations: Efforts should be made to arrange refresher courses and training workshops on the utilization of different legal databases and different search techniques for retrieval of information sources. This practice will enhance the information literacy skills of lawyers, which will ultimately result in a better legal system in Pakistan. Practical implication(s): The findings of the study will motivate the policymakers and authorities of legal forums to restructure the information literacy programs to fulfill the lawyers' information needs. Contribution to the knowledge: No significant work has been done on the lawyers' information literacy skills in Khyber Pakhtunkhwa-Pakistan. It will bring a clear picture of the information literacy skills of law practitioners and address the problems faced by them during the seeking process.

Keywords: information literacy-Pakistan, infromation literacy-lawyers, information literacy-lawyers-KP, law practitioners-Pakistan

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1759 The Challenges of Intercultural Transfer: The Italian Reception of Aotearoa/New Zealand Films

Authors: Martina Depentor

Abstract:

While the cinematic medium contributes to bringing images of a culture to foreign audiences, Audiovisual Translation contributes to deciphering those cultural representations to those same audiences. Through Audiovisual Translation, in fact, elements permeate the reception system and contribute to forging a cultural image of the original/source system in the target/reception system. By analyzing a number of Italian critical reviews, blogs and forum posts, this paper examines the impact and reception in Italy of five of the most successful and influential New Zealand films of the last two decades - An Angel at my Table (1990), The Piano (1993), Heavenly Creatures (1994), Once Were Warriors (1994), Whale Rider (2002) - with the aim of exploring how the adaptation of New Zealand films might condition the representation of New Zealand in the Italian imaginary. The analysis seeks to identify whether a certain degree of cultural loss results from the 'translation' of these films. The films selected share common ground in that they all reveal cultural, social and historical characteristics of New Zealand, from aspects that are unique to this country and that on the surface may render it difficult to penetrate (unfamiliar landscapes, aspects of indigenous culture) to more universal themes (intimate family stories, dysfunctional relationship). They contributed to situating New Zealand on an international stage and to bringing images of the country to many audiences, the Italian one included, with little previous cultural knowledge of the social and political history of New Zealand. Differences in film types pose clearly different levels of interpretative challenges to non-New Zealander audiences, and examples from the films will show how these challenges are or are not overcome if the adaptations display misinterpretations or rendition gaps, and how the process of intercultural transfer further 'domesticates' or 'exoticises' the source culture.

Keywords: audiovisual translation, cultural representation, intercultural transfer, New Zealand Films

Procedia PDF Downloads 276
1758 The Problem of Legal Regulation of Joint Physical Custody: The Polish Perspective

Authors: Katarzyna Kamińska

Abstract:

The main purpose of the work is to present the results of the studies regarding joint physical custody in the Polish legal system. The issues addressed fit into the ongoing process of modernising family law regulations and their adaptation to changing social reality in Poland. The Polish legislator now faces a dilemma: whether to introduce into Polish law a developed substantive or procedural regulation of joint physical custody and then whether it should be considered a legal presumption. Joint physical custody after divorce or separation is theoretically possible in Poland. It can either follow from the court’s independent proposal based on the assessment of the circumstances or from the parenting plan submitted by parents wishing to jointly retain full parental authority. However, joint physical custody does not result directly from the Polish Family and Guardianship Code. Therefore, there is real legal uncertainty in this matter, which leads to different treatment of citizens by the public authorities and courts. Another problem is that joint physical custody is misunderstood by the Polish courts. The main thesis of the work is that joint physical custody does not only mean the system of symmetrical child care (50/50), and the possibility to award joint physical custody will require the courts to carefully weigh the pros and cons of such an arrangement in each individual case.

Keywords: joint physical custody, shared parenting, divorce, separation, parental authority

Procedia PDF Downloads 54
1757 The Use of Foreign Law by the Constitutional Court of Taiwan: A Case-By-Case Analysis from 1990 to 2017

Authors: Mingsiang Chen

Abstract:

The increasing transactions among countries worldwide have brought about a trend of comparative law research in the legal community. An important branch of legal research, i.e., constitutional law, is no exception to the trend. The comparative study of constitutional law takes various forms, and one of these is to study the use of foreign law by constitutional courts. There are, in essence, three sources of foreign law usually used by constitutional courts: foreign constitutions, decisions by foreign constitutional courts, and legal theories developed by foreign scholars. There are two types of using foreign law by constitutional courts: citing any of the forenamed sources for reference purpose, ruling based on the contents or logic of any of the forenamed sources. This paper examines all the decisions handed down by the Constitutional Court of Taiwan from 1990 to 2017. Its purpose is to seek out the occasions, the extent, the significance, and the approach of such usage.

Keywords: comparative constitutional law, constitutional court, judicial review, Taiwan judiciary

Procedia PDF Downloads 199
1756 Authentication and Legal Admissibility of 'Computer Evidence from Electronic Voting Machines' in Electoral Litigation: A Qualitative Legal Analysis of Judicial Opinions of Appellate Courts in the USA

Authors: Felix O. Omosele

Abstract:

Several studies have established that electronic voting machines are prone to multi-faceted challenges. One of which is their capacity to lose votes after the ballots might have been cast. Therefore, the international consensus appears to favour the use of electronic voting machines that are accompanied with verifiable audit paper audit trail (VVPAT). At present, there is no known study that has evaluated the impacts (or otherwise) of this verification and auditing on the authentication, admissibility and evidential weight of electronically-obtained electoral data. This legal inquiry is important as elections are sometimes won or lost in courts and on the basis of such data. This gap will be filled by the present research work. Using the United States of America as a case study, this paper employed a qualitative legal analysis of several of its appellate courts’ judicial opinions. This analysis equally unearths the necessary statutory rules and regulations that are important to the research problem. The objective of the research is to highlight the roles played by VVPAT on electoral evidence- as seen from the eyes of the court. The preliminary outcome of this qualitative analysis shows that the admissibility and weight attached to ‘Computer Evidence from e-voting machines (CEEM)’ are often treated with general standards applied to other computer-stored evidence. These standards sometimes fail to embrace the peculiar challenges faced by CEEM, particularly with respect to their tabulation and transmission. This paper, therefore, argues that CEEM should be accorded unique consideration by courts. It proposes the development of a legal standard which recognises verification and auditing as ‘weight enhancers’ for electronically-obtained electoral data.

Keywords: admissibility of computer evidence, electronic voting, qualitative legal analysis, voting machines in the USA

Procedia PDF Downloads 175
1755 Spatial Setting in Translation: A Comparative Evaluation of translations from Pre-Islamic Poetry

Authors: Raja Lahiani

Abstract:

This study is concerned with scrutinising translations into English and French of references to locations in the desert of pre-Islamic Arabia. These references are used in the Source Text (ST) within a poetic image. Reference is made to the names of three different mountains in Arabia, namely Qatan, Sitar, and Yadhbul. As these mountains are referred to in the context of the poet’s description of the density and expansion of the clouds, it is crucial to know that while Sitar and Yadhbul are close to each other, Qatan is far away from them. This distance was functional for the poet to describe the expansion of the clouds. This reflects the spacious place (desert) he handled, and the fact that it was possible for him to physically see what he described. The purpose of this image is for the poet to communicate the vastness of the space he managed to see as he was in a moment of contemplation. Thus, knowledge of this characteristic about the setting is capital for the receiver to understand the communicative function of the verse. A corpus of eighteen translations is gathered. These vary between verse and prose renderings. The methodology adopted in this research work is comparative. Comparison is conducted at both the synchronic and diachronic levels; every translation shall be compared to the ST and then to previous translations. The comparative work will prove at the end that the translators who target historical facts do not necessarily succeed in preserving the image of the ST. It also proves that the more recent the translation is, the deeper the translator’s awareness is the link between imagery, setting, and point of view. Since the late eighteenth century and until nowadays, pre-Islamic poetry has been translated into Western languages. Translators differ as to motives, sources, priorities and intellectual backgrounds. A translator's skopoi undoubtedly affect the way s/he handles aspects of the ST. When it comes to culture-specific aspects and details related to setting, the problem is even more complex. Setting is a very important factor that reveals a great deal of the culture of pre-Islamic Arabia as this is remote in place, historical framework and literary tradition from its translators. History is present in pre-Islamic poetry, which justifies the important literature that has been written to extract information and data from it. These are imbedded not only by signalling given facts, events, and meditations but also by means of references to specific locations and landmarks that used to exist at the time. Spatial setting is an integral part of a literary text as it places it within its historical context. The importance of the translator’s awareness of spatial anthropological data before indulging in the process of translation is tested. This is also crucial in measuring the effect of setting loss and setting gain in translation. The findings of this research would ultimately evaluate the extent to which a comparative methodology is reliable in investigating the role of spatial setting awareness in translation.

Keywords: historical context, translation, comparative literature, spatial setting

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1754 Cyclone Driven Variation of Chlorophyll-a Concentration in Bay of Bengal

Authors: Nowshin Nabila Siddique, S. M. Mustafizur Rahman

Abstract:

There is evidence of cyclonic events in Bay of Bengal (BoB) throughout the year. These cyclones cause a variety of fluctuations along its track including the is the influence in Chlorophyll-a (chl-a) concentration. The main purpose of this paper is to justify this variation pattern. Six Tropical Cyclones (TC) are studied using observational method. The result suggests that there is a noticeable change in productivity after a cyclone passes, when the pre cyclonic and post cyclonic condition is observed. In case of Cyclone Amphan, it shows 1.79 mg/m3 of chlorophyll-a concentration increase after a week of cyclonic occurrence. This change is affected by several attributes such as translation speed, intensity and Ocean Pre-condition, specifically Mixed Layer Depth (MLD). Translation Speed and MLD shows a strong negative correlation with the induced chlorophyll concentration. Whereas the effect of the intensity on a cyclone is not that prominent. It is also found that the period of starting an induction is not same for all cyclone such as in case of Cyclone Amphan, the changes started to occur after one day however for Cyclone Sidr and Cyclone Mora it started after three days. Furthermore, a slightly increase in overall productivity is also observed after a cyclone. In the case of Cyclone Amphan, Hudhud, Phailin it shows a rise up to 0.12 mg/m3 in productivity which decreases gradually taking around the period of two months. On a whole this paper signifies the changes in chlorophyll concentration caused by numerous cyclones and its different characteristics that regulates these changes.

Keywords: tropical cyclone, chlorophyll-a concentration, mixed layer depth, translation speed

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