Search results for: Spanish Constitution

Authors: Helena López-Moreno, Antoni Rodríguez-Sánchez, Carmen Viñas-Arrebola, Cesar Porras-Amores

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The ventilated façade has great advantages when compared to traditional façades as it reduces the air conditioning thermal loads due to the stack effect induced by solar radiation in the air chamber. Optimizing energy consumption by using a ventilated façade can be used not only in newly built buildings but also it can be implemented in existing buildings, opening the field of implementation to energy building retrofitting works. In this sense, the following three prototypes of façade where designed, built and further analyzed in this research: non-ventilated façade (NVF); slightly ventilated façade (SLVF) and strongly ventilated façade (STVF). The construction characteristics of the three facades are based on the Spanish regulation of building construction “Technical Building Code”. The façades have been monitored by type-k thermocouples in a representative day of the summer season in Madrid (Spain). Moreover, an analysis of variance (ANOVA) with repeated measures, studying the thermal lag in the ventilated and no-ventilated façades has been designed. Results show that STVF façade presents higher levels of thermal inertia as the thermal lag reduces up to 100% (daily mean) compared to the non-ventilated façade. In addition, the statistical analysis proves that an increase of the ventilation holes size in STVF façades does not improve the thermal lag significantly (p > 0.05) when compared to the SLVF façade.

Keywords: ventilated façade, energy efficiency, thermal behavior, statistical analysis

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Authors: Thato Masiangoako

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While being home to one of the greatest constitutions in the world, South Africa is also notorious for brutal policing practices, endemic corruption, and an overstrained criminal justice system. This apparent gap between the normative conceptions of the law and the actual experiences of being subjected to the criminal justice system forms the crux of this study. This study explores how community activists, student activists, and migrants in Johannesburg, who rely on the law for protection and effective political expression and participation and understand the law through their experiences of arrest and short-term incarceration. This work introduces the concept of legal consciousness to the South African context, whilst also drawing very heavily from South African literature of the law and criminal justice system. This research is grounded in the experiences of arrest and pre-trial and immigration detention shared by these individuals, which are used to develop a rich account of legal consciousness in South Africa. It also sheds light on some of the ways in which the criminal justice system sustains its legitimacy within a post-apartheid framework despite the gaps between what the law ought to be and it actually is. The study argues that the ways in which these groups make sense of their experiences of the criminal justice system and the law, more broadly, are closely bound to their socio-political identities. This calls the core values of equality and dignity that undergird South Africa’s Constitution into question.

Keywords: criminal justice, immigrant detention, legal consciousness, remand detention

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Authors: Zeinab. Shahrokhifar, Abolfazl Meshkini, Seyed Ali. Alavi

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Considering the different dimensions of deprivation, housing supply is noted as a basic requirement in Iran after 1979 (coming to work of the new government). The government had built the constitution and obliged to meet this need in the form of five-year development programs in Iran’s provinces. This study focused on the adaptive analysis of housing policies in these five development programs in Kermanshah province located in western Iran. Our research is divided into two different analytical sections. In the first section, we collected the documentary information using approved plans and field studies. In the second section, a questionnaire was prepared and designed for the elite community (30) to support the documentary analysis. The results showed that various projects adopted in the form of strategic plans and implemented the policies included both quantitative and qualitative housing in Kermanshah province after 1979. The quality of housing, from the first to the fifth development plans has improved the situation in the housing indicators. The quantity of housing units for households has also been implemented through various policies that has desired results. The sequences of housing policies and plans do not overlap in the five development programs. According to the radar graph, the development programs overlapped in some policies, which shows the continuation of the previous policies, but this overlap is not perfect.

Keywords: law enforcement policy, housing policy, development programs, housing indicators, the city of Kermanshah

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Authors: Douglas Rossi Ramos

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The current digital conjuncture, called by some authors as 'Internet of Things' (IoT), 'Web 2.0' or even 'Web 3.0', consists of a network that encompasses any communication of objects and entities, such as data, information, technologies, and people. At this juncture, especially characterized by an "object socialization," communication can no longer be represented as a simple informational flow of messages from a sender, crossing a channel or medium, reaching a receiver. The idea of communication must, therefore, be thought of more broadly in which it is possible to analyze the process communicative from interactions between humans and nonhumans. To think about this complexity, a communicative process that encompasses both humans and other beings or entities communicating (objects and things), it is necessary to constitute a new epistemology of communication to rethink concepts and notions commonly attributed to humans such as 'memory.' This research aims to contribute to this epistemological constitution from the discussion about the notion of memory according to the complex ontology of Henri Bergson. Among the results (the notion of memory in Bergson presents itself as a conceptual tool for the analysis of posthumanism and the anthropomorphic conjuncture of the new advent of digital), there was the need to think about an ontological memory, analyzed as a being itself (being itself of memory), as a strategy for understanding the forms of interaction and communication that constitute the new digital conjuncture, in which communicating beings or entities tend to interact with each other. Rethinking the idea of communication beyond the dimension of transmission in informative sequences paves the way for an ecological perspective of the digital dwelling condition.

Keywords: communication, digital, Henri Bergson, memory

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Authors: Theophilius Adekunle Tinuoye

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Trade unions are groups formed essentially to promote, articulate and enhance the welfare of workers. They are expected to defend the workers interests and participate actively in workplace exchanges. But for trade unions to function effectively and actualize their lofty aspirations in the context of the current dynamic and ever-changing industrial relations context, they must not only have qualified and competent leaders, but also flexible and effective structure, systems, organograms, constitution, and administrative processes in place to compliment their policies and programmes. An important aspect of industrial relations is the existence of cordial tripartite or bipartite interactions between stakeholders and other social partners that are indispensable to the creation of positive and mutually beneficial exchanges and outcomes. This paper canvassed that unions must be structurally viable and administratively cohesive in order to be effective, pragmatic, functional and remain relevant. It also argued that weak, structurally deficient and less organized unions often find it immensely difficult to actualize workers goals. Finally, it outlined basic principles that will enhance union administration, guarantee that unions will continue to satisfy the yearnings of its members in these trying times and finally foster peaceful industrial relations climate and cordial labor relations between trade unions, employers /management and government.

Keywords: governance, labor relations, trade unions, workers

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Authors: Teten Masduki

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Indonesia is a unitary state which has a wide range of cultures, local languages, religions, ethnicity, race, traditions, and beliefs held by people who are scattered in several islands Indonesia. But with such diversity has the potential to cause various problems in society. Because one of the characteristics of diversity is the difference. Unresolved differences could develop into conflicts or contradictions in society. Pancasila as the philosophy and ideology of the nation was stated in the opening of the 1945 Constitution as an alternative solution to the conflict that occurred in Indonesia. Because the ideology of Pancasila role as a nation and also as an integral tool that upholds humanity, justice, unity, harmony, and balance on the belt by the five precepts. If the values contained in Pancasila can be applied and lived by the public of Indonesia, it will be the creation of a just, peaceful and peace. However, the lack of public awareness in implementing pancsila can lead to conflict within the community itself, such as the existence of separatist movements in Papua who gathered in the Organisasi Papua Merdeka (OPM) with the active movement that has a lot of casualties. This paper raised the topic of which offer solutions revitalization (reviving) the values of Pancasila as an alternative solution to the conflict in Indonesia is based on a case study of separatist movements in Papua. This paper will also discuss the implementation of strategic steps in the implementation of solutions which are summarized in the conclusions of this paper.

Keywords: Pancasila, separatism, revitalization, democracy

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Authors: Hani Mustafa, Cristina Gonzalez Ruiz, Estelle Bech

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The growing influence of digital technologies has made learning and interaction more accessible, resulting in effective collaboration if properly managed. Technology enabled learning has become an important conduit for learning, including collaborative learning. The use of wiki technology, for example, has opened a new learning platform that enables the integration of social, linguistic, and cognitive processes of language learning. It encourages students to collaborate in the construction, analysis, and understanding of knowledge. But to what extent is the use of wikis effective in promoting collaborative learning among students. In addition, how do students perceive this technology in enhancing their language learning? In this study, students were be given a wiki project to complete collaboratively with their group members. Students had to write collaboratively to produce and present a seven-day travel plan in which they had to describe places to visit and things to do to explore the best historical and cultural aspects of the country. The study involves students learning French, Malay, and Spanish as a foreign language. In completing this wiki project, students will move from passive learning of language to real engagement with classmates, requiring them to collaborate and negotiate effectively with one another. The objective of the study is to ascertain to what extent does wiki technology helped in promoting collaborative learning and improving language skills from students’ perception. It is found that while there was improvement in students language skills, the overall experience was less positive due to unfamiliarity with a new learning tool.

Keywords: collaborative learning, foreign language, wiki, teaching

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Authors: Ema Septaria, Muhammad Yamani, N. S. B. Ambarini

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The problem begins with the imposition of fine penalties by Ipuh small fishermen for customary fishing vessels encroaching catchment area in the Ipuh, a village in Muko-Muko, Bengkulu, Indonesia. Two main reasons for that are fishermen from out of Ipuh came and fished in Ipuh water using trawl as the gear and the number of fish decrease time by time as a result of irresponsible fishing practice. Such conflict has lasted since long ago. Indonesia Governing laws do not rule the utilization of sea territory by small fishermen that when the conflict appears there is a rechtvacuum on how to solve the conflict and this leads to a chaos in society. In Ipuh itself, there has been a local law in fisheries which they still adhere up to present because they believe holding to the law will keep the fish sustain. This is an empirical legal research with socio legal approach. The results of this study show even though laws do not regulate in detail about the utilization of sea territory by small fishermen, there is an article in Fisheries Act stating fisheries activity has to put attention to local law and community participation. Furthermore, constitution governs that the land, the waters and the natural resources within shall be under the powers of the State and shall be used to the greatest benefit of the people. With the power, Government has to make a policy that reinforces what has been ruled in Ipuh local law. Besides, Bengkulu Governor has to involve Ipuh community directly in managing their fisheries to ensure the fisheries sustainability therein.

Keywords: local law, reinforcement, conflict, sea utilization, small fishermen

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Authors: Mariana Sary Khalifa Rezk

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The problem of respect for human rights in Southeast Asia has emerged as a main situation and is attracting the attention of the international network. Basically, the affiliation of Southeast Asian Nations (ASEAN) made human rights certainly one of its main troubles inside the ASEAN constitution in 2008. In the end, the Intergovernmental Fee on Human Rights ASEAN Human Rights (AICHR) was set up. AICHR is the Southeast Asia Human Rights Enforcement fee charged with the duties, functions and powers to sell and defend human rights. However, at the cease of 2016, the protecting feature assigned to the AICHR was no longer fulfilled. That is shown via several instances of human rights violations, which can be nonetheless ongoing and have not been solved. One case that has these days come to light is human rights violations against the Rohingya people in Myanmar. Using a felony-normative method, the study examines the urgency of setting up a human rights tribunal in Southeast Asia able to decide binding on ASEAN members or responsible parties. Information indicates ASEAN desires regional courts to cope with human rights abuses in the ASEAN region. Furthermore, the look also highlights 3 critical elements that ASEAN ought to take into account whilst establishing a human rights tribunal, particularly quantity. A good sized distinction in phrases of democracy and human rights improvement a few of the participants, a consistent implementation of the principle of non-interference and the economic trouble of the continuation of the court docket.

Keywords: politics, human rights, humanities, mankind, law human rights, Nigerian legal provisions, shariah law, comparative study, charter

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Authors: Chanho Park, Juneseok You, Kuewhan Jang, Sungsoo Na

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Detection technique of nanotoxic materials is strongly imperative, because nano-toxic materials can harmfully influence human health and environment as their engineering applications are growing rapidly in recent years. In present work, we report the DNA immobilized quartz crystal microbalance (QCM) based sensor for detection of nano-toxic materials such as silver ions, Hg2+ etc. by using functionalization of quartz crystal with a target-specific DNA. Since the mass of a target material is comparable to that of an atom, the mass change caused by target binding to DNA on the quartz crystal is so small that it is practically difficult to detect the ions at low concentrations. In our study, we have demonstrated fast and in situ detection of nanotoxic materials using quartz crystal microbalance. We report the label-free and highly sensitive detection of silver ion for present case, which is a typical nano-toxic material by using QCM and silver-specific DNA. The detection is based on the measurement of frequency shift of Quartz crystal from constitution of the cytosine-Ag+-cytosine binding. It is shown that the silver-specific DNA measured frequency shift by QCM enables the capturing of silver ions below 100pM. The results suggest that DNA-based detection opens a new avenue for the development of a practical water-testing sensor.

Keywords: nano-toxic ions, quartz crystal microbalance, frequency shift, target-specific DNA

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Authors: Desiree David

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South Africa has one of the highest rates of HIV infection in the world, with a sizable percentage of the population living with HIV. A substantial number of new infections occur as a result of sexual activity. South African courts have awarded civil claims for damages as a result of the transmission of HIV as a result of non-disclosure by the HIV-positive sexual partner, and more recently, the criminal courts have also convicted and sentenced individuals accused of infecting others as a result of sexual activity. This paper will analyse some case law from South African court cases that have dealt with criminal convictions for the transmission of HIV, and the potential for more widespread prosecutions of these cases. It will also address the desirability of this trend in light of the social public health system, as well as human rights concerns surrounding this highly contentious issue. This will be done by considering some applicable provisions of the Bill of Rights such as the right to privacy and equality, as espoused in the Constitution of the Republic of South Africa. The paper further addresses the experience of other jurisdictions such as Canada, Singapore, Lesotho and Uganda, by analyzing case law, and consider the pitfalls of criminalizing a wide spectrum of sexual conduct that could result in the transmission of HIV. The paper concludes with a proposal that the issue of criminalizing the transmission of HIV cannot be addressed by the criminal justice system alone, as to do so could result in harsh consequences for those living with HIV. As such individuals may be burdened with additional responsibilities that could potentially impact on the rights of the individual. This may ultimately result in injustice for those living with HIV.

Keywords: criminalization, HIV, human rights, South Africa

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Authors: María de los Ángeles Crespo López, Carmen García García

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The highly competitive nature of today's globalised marketplace requires that brands and stores develop effective commercial strategies to ensure their economic survival. Maintaining the loyalty of existing customers constitutes one key strategy that yields the best results. Although the relationship between consumers' self-congruity and their manifestations of loyalty towards a store has been investigated, the role of store personality in this relationship remains unclear. In this study, multiple parallel mediation analysis was used to examine the effect of Store Personality on the relationship between Self-Congruity of consumers and their Manifestations of Loyalty. For this purpose, 457 Spanish consumers of the Fnac store completed three self-report questionnaires assessing Store Personality, Self-Congruity, and Store Loyalty. The data were analyzed using the SPSS macro PROCESS. The results revealed that three dimensions of Store Personality, namely Exciting, Close and Competent Store, positively and significantly mediated the relationship between Self-Congruity and Manifestations of Loyalty. The indirect effect of Competent Store was the greatest. This means that a consumer with higher levels of Self-Congruity with the store will exhibit more Manifestations of Loyalty when the store is perceived as Exciting, Close or Competent. These findings suggest that more attention should be paid to the perceived personality of stores for the development of effective marketing strategies to maintain or increase consumers' manifestations of loyalty towards stores.

Keywords: multiple parallel mediation, PROCESS, self-congruence, store loyalty, store personality

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Authors: Smita Singh

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The paper develops a critical framework to the hegemonic discourses resorted to by the dominant powers in the global security architecture. Within this framework, security is viewed as a discourse through which identities and threats are represented and produced to legitimize the security concerns of few at the cost of others. International security have long been driven and dominated by power relations. Since the end of the Cold War, the global transformations have triggered contestations to the idea of security at both theoretical and practical level. These widening and deepening of the concept of security have challenged the existing power hierarchies at the theoretical level but not altered the substance and actors defining it. When discourses are introduced into security studies, several critical questions erupt: how has power shaped security policies of the globe through language? How does one understand the meanings and impact of those discourses? Who decides the agenda, rules, players and outliers of the security? Language as a symbolic system and form of power is fluid and not fixed. Over the years the dominant Western powers, led by the United States of America have employed various discursive practices such as humanitarian intervention, responsibility to protect, non proliferation, human rights, war on terror and so on to reorient the constitution of identities and interests and hence the policies that need to be adopted for its actualization. These power relations are illustrated in this paper through the narratives used in the nonproliferation regime. The hierarchical security dynamics is a manifestation of the global power relations driven by many factors including discourses.

Keywords: hegemonic discourse, global security, non-proliferation regime, power politics

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Authors: Ana Paula Melchiors Stahlschmidt

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This paper discusses the role of music as a ludic activity and constituent element of voice in the construction and consolidation of the relationship of the baby and his/her mother or caretaker, evaluating its implications in his/her psychic structure and constitution as a subject. The work was based on the research developed as part of the author’s doctoral activities carried out from her insertion in a project of the Music Department of Federal University of Rio Grande do Sul - UFRGS, which objective was the development of musical activities with groups of babies from 0 to 24 months old and their caretakers. Observations, video recordings of the meetings, audio testemonies, and evaluation tools applied to group participants were used as instruments for this research. Information was collected on the participation of 195 babies, among which 8 were more focused on through interviews with their mothers or caretakers. These interviews were analyzed based on the referential of French Discourse Analysis, Psychoanalysis, Psychology of Development and Musical Education. The results of the research were complemented by other posterior experiences that the author developed with similar groups, in a context of a private clinic. The information collected allowed the observation of the ludic and structural functions of musical activities, when developed in a structured environment, as well as the importance of the musicality of the mother’s voice to the psychical structuring of the baby, allowing his/her insertion in the language and his/her constituition as a subject.

Keywords: music and babies, maternal voice, Psychoanalysis and music, psychology and music

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Authors: Johnlery C. Bundoc, Maria Angel D. Del Mundo, Christine Joy V. Maulion

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The psychology of power, also known as healing power, is the ability to heal an unusual illness by faith healers in the Philippines. These people are good in healing by using extraordinary way. This study was anchored by Filipino Psychology because before the Spanish came in the Philippines, there is what people call a Babaylan who served as a doctor during that time. This study aims to know the experiences of people having healing power. The objectives of the study are (1) to identify the demographic profile of the research participants which includes the following: Age, gender, number of years of being faith healer, and their specialty. (2) To measure the validity of the healing power of the chosen faith healer. (3) To determine the process of having healing power. The design of this study was Filipino-oriented research. The researcher used purposive sampling to gather the research participants and used thematic analysis to analyze the gathered data. The result of the study focused on the third objective which is to explore the process of having healing power. It includes the superordinate theme and the subordinate theme: (1) Awareness on the responsibility of faith healer (2) Refusal on the responsibility of faith healer (3) The effect of refusal on the responsibility of faith healer (4) Acceptance on the responsibility of faith healer (5) Doubting on the right ways of healing (6) Principle of healing someone who are sick (7) Physical manifestation of having power to heal (8) Process when the patient was healed (9) Process when the patient was not healed.

Keywords: faith healer, Filipino-oriented research, psychology of power, Quezon

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Authors: Mandlenkosi Richard Mphatheni

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The Constitution of the Republic of South Africa (Act 108 of 1996 section 28(1) (d)) states, ‘Every child has the right to be protected from maltreatment, neglect, abuse, and degradation’. Qualitative research studied perceptions of the selected sample. Objectives of the research were to determine factors that influence perpetrators of sexual violence to target children, the risk factors of child sexual abuse, the effects of child sexual abuse on the development of the child, and the community prevention measures to minimize the risks of child sexual abuse. The research aimed to understand perspective and experiences of the Ngangelizwe community members on the problem of sexual violence against children and the perpetrator’s perceived motive for sexually abusing children. Convenience non-probability sampling technique was adopted to select 20 participants within the Ngangelizwe Township at Mthatha. Thematic analyses were used to analyse data. It was found that sexual abuse of children affects severely child and parents, while the community reported to be trivially affected by the sexual abuse of a child. The research revealed ignorance of some forms of sexual violence, as the commonly known form of sexual violence was rape. Therefore, ignorance of community members regarding various forms of sexual abuse means that such acts are either ignored, tolerated, or even regarded as acceptable. It thus means that community members cannot reject any actions or behaviour if they themselves are ignorant of what constitutes sexual violence. This study recommends that communities should be educated about different sexual offenses.

Keywords: child sexual abuse, community, childhood attachment, adult attachment

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Authors: Chukwuemeka Castro Nwabuzor

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The 2015 Administration of Criminal Justice Act in Nigeria clearly sets out conditions for bail for felonies, lesser offenses and capital offenses. Even where the conditions for bail are met, granting an application for bail is not automatic as it is subject to the discretion of the court. Where the court, however, grants bail to an accused, the detaining authority which usually is the executive arm of government is bound to comply with the order of the court. This paper discusses the constitutionality of the continued detention of criminal suspects in disobedience to an order of the court and in the absence of an appeal. Particularly, the paper looks at the rights to personal liberty, the dignity of the human person and also the presumption of innocence which remains one of the crucial pillars of our criminal jurisprudence. The paper analyses the reasons posed by the executive for the continued detention of a suspect including State security and security of the suspect and questions whether the reasons are reasonable justifiable in a constitutional democratic society and whether they breach the principles of separation of powers. The paper concludes that the continued detention criminal of suspects in disobedience to court orders constitutes contempt of court and dishonours the principles of separation of powers enshrined in the Nigerian Constitution. This paper makes a strong case for the donation of more enforceable powers to the judiciary particularly with regards to the granting of compensation orders against the executive and ensuring compliance by the executive to bail orders.

Keywords: breach of fundamental rights, contempt of court, discretion of court, right to bail, separation of powers

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Authors: Esther Matthews

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This paper looks at ways of translating new metaphors: those conceived and created by authors, which are often called ‘original’ metaphors in the world of Translation Studies. An original metaphor is the most extreme form of figurative language, often dramatic and shocking in effect. It displays unexpected juxtapositions of language, suggesting there could be as many different translations as there are translators. However, some theorists say original metaphors should be translated ‘literally’ or ‘word for word’ as far as possible, suggesting a similarity between translators’ solutions. How do literary translators approach this challenge? This study focuses on Spanish-English translations of a novel full of original metaphors: Nada by Carmen Laforet (1921 – 2004). Original metaphors from the text were compared to the four published English translations by Inez Muñoz, Charles Franklin Payne, Glafyra Ennis, and Edith Grossman. These four translators employed a variety of translation methods, but they translated ‘literally’ in well over half of the original metaphors studied. In a two-part translation exercise and questionnaire, professional literary translators were asked to translate a number of these metaphors. Many different methods were employed, but again, over half of the original metaphors were translated literally. Although this investigation was limited to one author and language pair, it gives a clear indication that, although literary translators’ solutions vary, on the whole, they prefer to translate original metaphors as literally as possible within the confines of English grammar and syntax. It also reveals literary translators’ desire to reproduce the distinctive character of an author’s work as accurately as possible for the target reader.

Keywords: translation, original metaphor, literature, translator training

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Authors: M. A. Fernández-Vilar, M. D. Galián, E. Ato

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The aim of this work was to analyze the relation between children´s effortful control and Maths achievement in a sample of 447 Spanish children aged between 6 and 8 years. Traditionally, the literature confirms that higher level of effortful control has been associated with higher academic achievement, but there are few studies that include the effect that children´s social competence exert to this relation. To measure children’s effortful control parents were given the TMCQ (Temperament in Middle Childhood Questionnaire), and Maths achievement was taken from teacher´s rates. To measure social competence, we used the nominations method in the classroom context. Results confirmed that higher effortful control predicted a better maths achievement, whereas lower effortful control scores predicted lower Maths scores. Using a statistical modeling approach, we tested a mediation model that revealed the mediating role of social competence (popularity and rejection) in the relation between effortful control and Maths achievement. Concretely, higher social competence (higher popularity and lower rejection) seems to mediate the better Maths achievement showed by better self´regulated children. Therefore, an adequate social competence mediates the positive effect that self-regulatory capacity exerts to academic achievement. The clinical implications of the present findings should be considered. Specifically, rejected children must be detected and evaluated in community settings, such as school or community programs, due the relevant role of social competence in the relation between temperament and academic achievement.

Keywords: effortful control, maths achievement, social competence, mediation

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Authors: Yeukai Mupangavanhu

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The paper examines the concept of ubuntu and the extent to which it can play a role in ensuring fairness and justice in contractual relationships. Courts are expected to balance sanctity of contract and fairness. Public policy is currently a mechanism which is used by courts when balancing the above two competing interests. It, however, generally favours the freedom and sanctity of contract. The question which is addressed in this paper is whether the concept of ubuntu is an alternative mechanism that may be used to mitigate the sometimes harsh and unfair consequences of the doctrine of freedom and sanctity of contract. A comparative study and case analysis is the methodology that is used in this article. Unfairness in contracts is generally related to the problem of inequality in bargaining power underscored by deeply entrenched social and economic inequalities that are a consequence of apartheid and patriarchy. The transformative nature of the constitution demands the inclusion of African legal ideas and values in the legal order. There is a need for the harmonisation of western ideals which are based on the classical model of law of contract with relevant African principles. In order to attain a transformative legal order that promotes a societal transformation and enhances the lives of everyone courts cannot continue to frown upon African values. Ubuntu has the potential of steering the law of contract in a more equitable direction. The substantive rules of contract law undoubtedly need to be infused with the notion of ubuntu. The reconciliation of Western and African values is at the heart of legal transformation.

Keywords: fairness, sanctity of contract, contractual justice, transformative constitutionalism

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Authors: Andrew Enaifoghe

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Municipalities are the most fundamental units of governance, and they are responsible for providing basic services and supporting growth in the areas they rule. South African local government is primarily understood in terms of service delivery, and the South African constitution provides municipalities with the responsibility of mobilizing economic resources, to better the lives of all people. Essential public services are the primary pillars of enhanced quality of life, and appropriate supplies of safe water and sanitation are required for life, well-being, and human dignity. Therefore, having access to basic services is directly tied to social inclusion and social capital, and towns' inability to offer services can have a negative influence on social and economic growth. The problem of service delivery is seen as one of the biggest challenges facing South African municipalities today. This study attempts to assess South African municipal service delivery. Focusing on the main causes of service delivery challenges, the study also looks at the impact of these challenges to identify ways to minimize such challenges by introducing legal instruments such as municipal budgeting and annual reports. A qualitative design was adopted, and data were collected using a desktop technique and analyzed based on content. While public engagement in municipal affairs is required by law, considerable work has to be done to ensure successful participation. Finally, municipalities were deemed to need to do more to improve human capacity to offer services.

Keywords: municipalities, service delivery, corruption, monitoring, South Africa

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Authors: Talita Cavaignac

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Adorno's critique of totality, especially in a split society marked by reification, also rests on the impossibility of generalizing normative principles. Given the unfeasibility of normative universalizations, which conditions can justify the possibility of criticism and normativity in Adorno's thought? If reason itself is still entangled in alienation from the model of the domination of nature, how could be possible a critical theory? In political terms, if the notion of totality is challenged by the critique of identity, how can Adorno maintain the ideal of liberation and reconciliation between private interests and the possibility of some sort of ethics without giving up a materialist theory of society and without betting in a necessary link between redemption and history? Faced with this complex of questions, it is intended to reflect on the sense in which the notion of ‘suffering’ could throw help to the epistemological problem of the foundations of criticism in Adorno's work. The idea is that, in contrast to a universalizable model of justice, Adorno mobilizes in the notion of ‘suffering’ a gateway to the critical reflection of society. He would thus develop an approach to moral problems through the sensual-bodily perspective, fear, pain, and somatic factors. Nevertheless, due to the attention to the damaged experience and to the constitution of subjectivity -a sense in which the concept of mimesis continues to stand out- we understand suffering as an expression of an objective reification. Following the statement of other authors, the intention is to think how the resources linked to the idea of ‘suffering’ in Adorno's writings are engaged in the reflection of the problem of morality and of the contradictions between universal and particular (articulated in Hegel's tradition).

Keywords: ethics, morality, sensitive, Theodor Adorno

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Authors: Bishwa Nath Oli

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Nepal is highly impacted by climate change and adaptation has been a major focus. This paper investigates the gaps and coherence in national policies across water, forestry, local development and agriculture sectors, identifies their links to climate change adaptation and national development plans and analyzes the effectiveness of climate change policy on adaptation. The study was based on a content analysis of relevant policy documents on the level of attention given to adaptation and key informant interviews. Findings show that sectoral policies have differing degrees of cross thematic coherence, often with mismatched priorities and differing the paths towards achieving climate change goal. They are somewhat coherent in addressing immediate disaster management issues rather than in climate adaptation. In some cases, they are too broad and complicated and the implementation suffers from barriers and limits due to lack of capacity, investment, research and knowledge needed for evidence-based policy process. They do not adequately provide operational guidance in supporting communities in adapting to climate change. The study recommends to a) embrace longer-term cross-sectoral planning within government structures to foster greater policy coherence and integrated adaptation planning, b) increase awareness and flow of information on the potential role of communities in climate change, c) review the existing development sectors from the climate change perspectives, and d) formulate a comprehensive climate change legislation based on the need to implement the new Constitution.

Keywords: agriculture, climate change adaptation, forestry, policies

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Authors: Diana González, Marta Gràcia, Ana Luisa Adam-Alcocer

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Incorporating digital tools into educational practices represents a valuable approach for enriching the quality of teachers' educational practices in oral competence and fostering improvements in student learning outcomes. This study aims to promote a collaborative and culturally sensitive approach to professional development between teachers and a speech therapist to enhance their self-awareness and reflection on high-quality educational practices that integrate school components to strengthen children’s oral communication and pragmatic skills. The study involved five bilingual teachers fluent in both English and Spanish, with three specializing in special education and two in general education. It focused on Spanish-English bilingual students, aged 3-6, who were experiencing speech delays or disorders in a New York City public school, with the collaboration of a speech therapist. Using EVALOE-DSS (Assessment Scale of Oral Language Teaching in the School Context - Decision Support System), teachers conducted self-assessments of their teaching practices, reflect and make-decisions throughout six classes from March to June, focusing on students' communicative competence across various activities. Concurrently, the speech therapist observed and evaluated six classes per teacher using EVALOE-DSS during the same period. Additionally, professional development meetings were held monthly between the speech therapist and teachers, centering on discussing classroom interactions, instructional strategies, and the progress of both teachers and students in their classes. Findings highlight the digital tool EVALOE-DSS's value in analyzing communication patterns and trends among bilingual children in inclusive settings. It helps in identifying improvement areas through teacher and speech therapist collaboration. After self-reflection meetings, teachers demonstrated increased awareness of student needs in oral language and pragmatic skills. They also exhibited enhanced utilization of strategies outlined in EVALOE-DSS, such as actively guiding and orienting students during oral language activities, promoting student-initiated communicative interactions, teaching students how to seek and provide information, and managing turn-taking to ensure inclusive participation. Teachers participating in the professional development program have shown positive progress in assessing their classes across all dimensions of the training tool, including instructional design, teacher conversation management, pupil conversation management, communicative functions, teacher strategies, and pupil communication functions. This includes aspects related to both teacher actions and child actions, particularly in child language development. This progress underscores the effectiveness of individual reflection (conducted weekly or biweekly using EVALOE-DSS) as well as collaborative reflection among teachers and the speech therapist during meetings. The EVALOE-SSD has proven effective in supporting teachers' self-reflection, decision-making, and classroom changes, leading to improved development of students' oral language and pragmatic skills. It has facilitated culturally sensitive evaluations of communication among bilingual children, cultivating collaboration between teachers and speech therapist to identify areas of growth. Participants in the professional development program demonstrated substantial progress across all dimensions assessed by EVALOE-DSS. This included improved management of pupil communication functions, implementation of effective teaching strategies, and better classroom dynamics. Regular reflection sessions using EVALOE-SSD supported continuous improvement in instructional practices, highlighting its role in fostering reflective teaching and enriching student learning experiences. Overall, EVALOE-DSS has proven invaluable for enhancing teaching effectiveness and promoting meaningful student interactions in diverse educational settings.

Keywords: bilingual students, collaboration, culturally sensitive, oral communication skills, self-reflection

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Authors: Yasamiyan Alolaywi

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The sources of second language acquisition vary and depend on a learner’s preferences and choices; however, undoubtedly, the most effective methods provide authentic language input. This current study explores the effectiveness of watching movies as a means of English language acquisition. It explores university students’ views on the impact of this method in improving English language skills. The participants in this study were 74 students (25 males and 49 females) from the Department of English Language and Translation at Qassim University, Saudi Arabia. Data for this research were collected from questionnaires and individual interviews with several selected students. The findings of this study showed that many students watch movies frequently and for various purposes, the most important of which is entertainment. The students also admitted that movies help them acquire a great deal of vocabulary and develop their listening and writing skills. Also, the participants believed that exposure to a target language by native speakers helps enhance language fluency and proficiency. The students learn not only linguistic aspects from films but also other aspects, such as culture, lifestyle, and ways of thinking, in addition to learning other languages such as Spanish. In light of these results, some recommendations are proposed, such as verifying the feasibility of integrating media into a foreign language classroom. While this study covers aspects of the relationship between watching movies and English language acquisition, knowledge gaps remain that need to be filled by further research, such as on incorporating media into the educational process and how movie subtitles can improve learners’ language skills.

Keywords: language acquisition, English movies, EFL learners, perceptions

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Authors: Nora Gavira Duron, Cinthya Moreda Gonzalez-Ortega, Reyna Susana Garcia Ruiz

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This paper objective is to analyze the mathematics performance in the Learning Evaluation National Plan (PLANEA for its Spanish initials: Plan Nacional para la Evaluación de los Aprendizajes), applied to Mexican students who are enrolled in the last elementary-school year over the 2017-2018 academic year. Such test was conducted nationwide in 3,573 schools, using a sample of 108,083 students, whose average in mathematics, on a scale of 0 to 100, was 45.6 points. 75% of the sample analyzed did not reach the sufficiency level (60 points). It should be noted that only 2% got a 90 or higher score result. The performance is analyzed while considering whether there are differences in gender, marginalization level, public or private school enrollment, parents’ academic background, and living-with-parents situation. Likewise, this variable impact (among other variables) on school performance by gender is evaluated, considering multivariate logistic (Logit) regression analysis. The results show there are no significant differences in mathematics performance regarding gender in elementary school; nevertheless, the impact exerted by mothers who studied at least high school is of great relevance for students, particularly for girls. Other determining variables are students’ resilience, their parents’ economic status, and the fact they attend private schools, strengthened by the mother's education.

Keywords: multivariate regression analysis, academic performance, learning evaluation, mathematics result per gender

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Authors: N. K. Chougule, G. V. Parishwad

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The pin fin heat sink is a novel heat transfer device to transfer large amount of heat through with very small temperature differences and it also possesses large uniform cooling characteristics. Pin fins are widely used as elements that provide increased cooling for electronic devices. Increasing demands regarding the performance of such devices can be observed due to the increasing heat production density of electronic components. For this reason, extensive work is being carried out to select and optimize pin fin elements for increased heat transfer. In this paper, the effects of design parameters and the optimum design parameters for a Pin-Fin heat sink (PFHS) under multi-jet impingement case with thermal performance characteristics have been investigated by using Taguchi methodology based on the L9 orthogonal arrays. Various design parameters, such as pin-fin array size, gap between nozzle exit to impingement target surface (Z/d) and air velocity are explored by numerical experiment. The average convective heat transfer coefficient is considered as the thermal performance characteristics. The analysis of variance (ANOVA) is applied to find the effect of each design parameter on the thermal performance characteristics. Then the results of confirmation test with the optimal level constitution of design parameters have obviously shown that this logic approach can effective in optimizing the PFHS with the thermal performance characteristics. The analysis of the Taguchi method reveals that, all the parameters mentioned above have equal contributions in the performance of heat sink efficiency. Experimental results are provided to validate the suitability of the proposed approach.

Keywords: Pin Fin Heat Sink (PFHS), Taguchi method, CFD, thermal performance

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Authors: Mzamani Aaron Mabasa

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The research study examines the reality that the Language Services Directorate can be considered a language repository hub. The study postulates that multilingual education guided by language policy implementation can improve student performance and pass rate. Various documents in the form of style guides, glossaries and tutorial letters may be used to enable students to understand complex words, sentences, phrases and paragraphs when technical vocabularies are used. This paper addresses the way in which quality assurance can transform South African official languages, including Sign Language, as mandated by the Language Policy for Higher Education. The paper further emphasizes that Language Services is unique in the sense that it involves all South African officials as tools for student support and facilitation of learning. This is in line with the Constitution of the Republic of South Africa (1996) and the Unisa Language Policy of 2023, which declares the status, parity and esteem of these official languages regarding usage in formal function domains, namely education, economy, social and politics. The aim of this paper is to ensure that quality assurance is ultimately accomplished in terms of teaching and learning standards. Eventually, all South African languages can be used for official domains to achieve functional multilingualism. This paper furthermore points out that content analysis as a research instrument as far as a qualitative approach is concerned may be used as a data collection technique.

Keywords: repository, multilingualism, policy, education

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Authors: Francia Martinez

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This study documents and demonstrates the profound impact of the high status of American English and culture in Colombian commercial landscape due to the globalization and commodification of English. It also documents and describes how Colombian advertisers make use of various language and visual mechanisms in the commercial linguistic landscape to convey messages, create an image with which the target audience can identify, and build a relationship with that target audience. The data (in the form of pictures) were collected in different cities in Colombia and were classified and organized into different categories for the reliability and validity of the analysis. The research questions were: do the ubiquity and high status of American English and culture play a major role in the Colombian commercial linguistic landscape? If so, how?, what roles do national and local culture and language (Spanish) play in the commercial linguistic landscape?, and what different linguistic and visual strategies do Colombian advertisers employ to reach their target audience? Based on data analysis and results, American and local culture and icons play a major role when Colombian advertisers create and design their commercial logos and ads to get consumers’ attention and establish a rapport with them in a successful way. In order to achieve their objectives, Colombian advertisers rely on creative linguistic and visual techniques in their ads, such as puns, humor, irony, comparisons, metaphors, mocking, exaggeration, parody, personification, sarcasm, satire, allusion, onomatopoeias, and imitation (copycat or cloning).

Keywords: Colombian ads, linguistic landscape, rhetorical devices, sociolinguistics

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Authors: Kwang Yeon Kim

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This paper will explore the directly proportional relationship between the influence of Hispanophone media in U.S. markets and Hispanic population growth. Though this growth has origins across south and central America, in U.S. media markets Mexican and Cuban immigrants, have traditionally been considered the most influential. Having endured significant historical discrimination, disparagement, and ethnic framing from conventional Anglophone media, such groups have sought to form their own identities as media consuming and producing Americans of Latin American origin. Although immigrants to the U.S. have traditionally faced obstacles in access to education, children of Mexican-Americans (Chicanos) and Cuban-Americans have made significant progress in overcoming these obstacles, partly explaining their media dominance. This is particularly true in the case of Cuban-Americans, for whom such media presence is not predicted by share of population. By conducting comparative studies of Chicano media and Cuban-Americans media, common ground was found in strategies of reliance on media-driven identity formation. In contrast to the mainstream media portrayal of Latino/as with limiting, negative stereotypes, Spanish-language media’s goal is to form the identity of being Latino for those living in the United States. Providing both news from countries of origin and local news within the United States, Chicano and Cuban-American media performs rituals of recollection while rooting such populations in more proximate media paradigms.

Keywords: Chicano identity, Cuban-Americans, Hispanophone media, Latino/a community

Procedia PDF Downloads 207