Search results for: judicial discourse
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1266

Search results for: judicial discourse

816 The Application of Article 111 of the Constitution of Bangladesh in the Criminal Justice System as a Sentencing Guideline

Authors: Sadiya S. Silvee

Abstract:

Generally, the decision of the higher court is binding on its subordinate courts. As provided in Article 111 of the Constitution, 'the law declared by the Appellate Division (AD) shall be binding on the High Court Division (HCD) and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.' This means the judicial discipline requires the HCD to follow the decision of the AD and that it is necessary for the lower tiers of courts to accept the decision of the higher tiers as a binding precedent. Analyzing the application of Article 111 of the Constitution in the criminal justice system as a sentencing guideline, the paper, by examining whether there is any consistency in decision between one HC Bench and another HC Bench, explores whether HCD can per incuriam its previous decision. In doing so, the Death Reference (DR) Cases are contemplated. Furthermore, the paper shall examine whether the Court of Session follows the decision of the HCD while using their discretion to make the choice between death and imprisonment for life under section 302 of PC. The paper argues due to the absence of any specific direction for sentencing and inconsistency in jurisprudence among the HCD; the subordinate courts are in a dilemma.

Keywords: death reference, sentencing factor, sentencing guideline, criminal justice system and constitution

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815 Institutional Preferences of Elites and Society: Paradoxes of Economic Development in Georgia

Authors: Inga Balarjishvili, Ia Natsvlishvili

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Article aims to discuss the controversial character of the institutional preferences of elites and society in modern Georgia. Desktop research method is used to formulate the findings and analyze the outcomes. It is accepted that transformation process in Post-Soviet Georgia went with the prevalence of elites’ institutional preferences over the needs of the society that induced voluntarism in the process of formation of institutions. Hypothesis of 'quasi-inclusion trap' is put forward in the article as an effect of authoritarian modernization that is proved by instable paces of wealth and economic growth in the post-authoritarian period. On the one hand, monopolization of institutional choice by the elites, blocking formation of inclusive political and economic institutions for fear of losing status-quo worsen perspectives for achieving free availability regime. On the other hand, consciousness of the society is dominated by informal institutions, judicial nihilism and orientation on 'self-survival values.' This hinders its consolidation as a 'collective principal' against 'institutional utilitarianism,' result of which is hindered economic development.

Keywords: elites, hypothesis of 'quasi-inclusion trap', institutional preferences, post-Soviet Georgia

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814 Post-Islamic Utopias, Contentious Memory and the Revolutionary Mobilization in Iran

Authors: Saeed Saffar-Heidari

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This article aims to study the recent Iranian national uprising of “Women, Life, Freedom” as a site of memory which renders the political possibility of imagining the post-Islamic futures in Iran. “Women, Life, Freedom” movement in Iran has been arguably the most pervasive social movement since the Islamic Revolution (1979) as it has posed serious issues and conflicts for the present Islamic state in Iran. The core argument of this article, however, is oriented toward the critical role of collective memory as a means of political transition and revolutionary mobilization. “Women, Life, Freedom” movement, among other things, has revitalized the popular binary opposition of pre-1979 and post-1979 Iran through which the Ancien Régime or the pre-1979 era is likely to be interpreted, read, and remembered in terms of present post-1979 cultural and political demands. As remembering involves everyday participation in shaping and reshaping the past through new codes, criteria, and values, it is argued that the presentist refashioning and remembering of the pre-1979 monarchical era has been one of the major facilitatory forces for the on-going revolutionary mobilization in Iran. The construction of the pre-1979 memory and the return of the dynastic specter has played a significant role in revolutionary mobilization as it has provided the protesters with the possible perspectives of post-Islamic regime in Iran. Additionally, the question of compulsory “Hijab” (veiling) as the prime mover of "Women, Life, Freedom” movement in Iran has strongly contributed to the everyday comparative discourse of pre/post 1979 memory. According to this presentist remembering of pre-1979, the Pahlavi dynasty would be conceived as a symbol of modernization, westernization, secularization, and non-compulsory Hijab. While the memory of the pre-revolutionary Iran is genuinely an imaginative as well as a constructed entity that finally culminates in the public condemnation of the very Islamic revolution (1979), it serves the enrichment of the Iranian political imagination as it paves the ways for the revolutionary mobilization and then the overthrowing of the Islamic regime in Iran. This article makes a case for the ways that the public narrative and discourse around the Islamic regime (especially the Islamic Hijab) led to the refashioning of the memory of pre-1979 era and inspired he revolutionary mobilization in Iran.

Keywords: post-islamic, utopias, memory, revolutionary, mobilization, Iran

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813 The Role of the Injured Party's Fault in the Apportionment of Damages in Tort Law: A Comparative-Historical Study between Common Law and Islamic Law

Authors: Alireza Tavakoli Nia

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In order to understand the role of the injured party's fault in dividing liability, we studied its historical background. In common law, the traditional contributory negligence rule was a complete defense. Then the legislature and judicial procedure modified that rule to one of apportionment. In Islamic law, too, the Action rule was at first used when the injured party was the sole cause, but jurists expanded the scope of this rule, so this rule was used in cases where both the injured party's fault and that of the other party are involved. There are some popular approaches for apportionment of damages. Some common law countries like Britain had chosen ‘the causal potency approach’ and ‘fixed apportionment’. Islamic countries like Iran have chosen both ‘the relative blameworthiness’ and ‘equal apportionment’ approaches. The article concludes that both common law and Islamic law believe in the division of responsibility between a wrongdoer claimant and the defendant. In contrast, in the apportionment of responsibility, Islamic law mostly believes in equal apportionment that is way easier and saves time and money, but common law legal systems have chosen the causal potency approach, which is more complicated than the rival approach but is fairer.

Keywords: contributory negligence, tort law, damage apportionment, common law, Islamic law

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812 The Oral Production of University EFL Students: An Analysis of Tasks, Format, and Quality in Foreign Language Development

Authors: Vera Lucia Teixeira da Silva, Sandra Regina Buttros Gattolin de Paula

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The present study focuses on academic literacy and addresses the impact of semantic-discursive resources on the constitution of genres that are produced in such context. The research considers the development of writing in the academic context in Portuguese. Researches that address academic literacy and the characteristics of the texts produced in this context are rare, mainly with focus on the development of writing, considering three variables: the constitution of the writer, the perception of the reader/interlocutor and the organization of the informational text flow. The research aims to map the semantic-discursive resources of the written register in texts of several genres and produced by students in the first semester of the undergraduate course in Letters. The hypothesis raised is that writing in the academic environment is not a recurrent literacy practice for these learners and can be explained by the ontogenetic and phylogenetic nature of language development. Qualitative in nature, the present research has as empirical data texts produced in a half-yearly course of Reading and Textual Production; these data result from the proposition of four different writing proposals, in a total of 600 texts. The corpus is analyzed based on semantic-discursive resources, seeking to contemplate relevant aspects of language (grammar, discourse and social context) that reveal the choices made in the reader/writer interrelationship and the organizational flow of the Text. Among the semantic-discursive resources, the analysis includes three resources, including (a) appraisal and negotiation to understand the attitudes negotiated (roles of the participants of the discourse and their relationship with the other); (b) ideation to explain the construction of the experience (activities performed and participants); and (c) periodicity to outline the flow of information in the organization of the text according to the genre it instantiates. The results indicate the organizational difficulties of the flow of the text information. Cartography contributes to the understanding of the way writers use language in an effort to present themselves, evaluate someone else’s work, and communicate with readers.

Keywords: academic writing, Portuguese mother tongue, semantic-discursive resources, academic context

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811 Portuguese Baila Verses and Anti-Colonial Subaltern Ideology in Ceylon Coast: A Case Study on Hugh Nevil Manuscripts

Authors: Achinthya Bandara

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The Portuguese were the first known European Nation to colonize Ceylon during the early 16th century. When the Portuguese set sail in the late 15th century towards the East and West, they first landed in Pondicherry (Pondicherry), an eastern coastal location of early India and established their trade in the Indian Oceanic regions. Sri Lanka (Ceylon until 1972) made its first contact with the Portuguese just a few years after they anchored in India, the Luso-Sri Lankan contact was initiated and became prominent across the time, even during the later colonial rules, i.e., Dutch and British. Such connections created a Luso-Asian hybrid culture in Ceylon that shared both Sri Lankan and European identities. Portuguese Creole communities were prominent among them as an ethnic group with Portuguese descent interwoven with local traditions and customs, yet outcast by the mainstream Portuguese colonials. Hugh Nevil, a British Civil Servant who served Ceylon in the early 1800s, had collected a considerable amount of such Luso-Asian Literature belonging to Sri Lankan Portuguese creole communities, including 180 Portuguese creole verses sung by the creole communities in Eastern Sri Lanka. Though the collection was studied to uncover literature traits, few or no known studies focused on the anti-colonial subaltern discourse appearing in the shades of this work. It is evident that these verses contain local anti-colonial ideologies that create a platform to place them as elements of Luso-Asian subaltern literature. This research explores how the language and content of these verses contradict the mainstream colonial ideologies we intend to position within a regional anti-colonial subaltern context. As this is part of a long-term research project that translates the whole collection into Sinhalese and Tamil, this study will show evidence from early 1800s verses to suggest how Luso-Asian communities create a unique subaltern linguistic and literary discourse.

Keywords: Luso Asian creoles, Luso Asian subalterns, anti-colonial ideologies, Sri Lanka Portuguese creole

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810 Extension of Moral Agency to Artificial Agents

Authors: Sofia Quaglia, Carmine Di Martino, Brendan Tierney

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Artificial Intelligence (A.I.) constitutes various aspects of modern life, from the Machine Learning algorithms predicting the stocks on Wall streets to the killing of belligerents and innocents alike on the battlefield. Moreover, the end goal is to create autonomous A.I.; this means that the presence of humans in the decision-making process will be absent. The question comes naturally: when an A.I. does something wrong when its behavior is harmful to the community and its actions go against the law, which is to be held responsible? This research’s subject matter in A.I. and Robot Ethics focuses mainly on Robot Rights and its ultimate objective is to answer the questions: (i) What is the function of rights? (ii) Who is a right holder, what is personhood and the requirements needed to be a moral agent (therefore, accountable for responsibility)? (iii) Can an A.I. be a moral agent? (ontological requirements) and finally (iv) if it ought to be one (ethical implications). With the direction to answer this question, this research project was done via a collaboration between the School of Computer Science in the Technical University of Dublin that oversaw the technical aspects of this work, as well as the Department of Philosophy in the University of Milan, who supervised the philosophical framework and argumentation of the project. Firstly, it was found that all rights are positive and based on consensus; they change with time based on circumstances. Their function is to protect the social fabric and avoid dangerous situations. The same goes for the requirements considered necessary to be a moral agent: those are not absolute; in fact, they are constantly redesigned. Hence, the next logical step was to identify what requirements are regarded as fundamental in real-world judicial systems, comparing them to that of ones used in philosophy. Autonomy, free will, intentionality, consciousness and responsibility were identified as the requirements to be considered a moral agent. The work went on to build a symmetrical system between personhood and A.I. to enable the emergence of the ontological differences between the two. Each requirement is introduced, explained in the most relevant theories of contemporary philosophy, and observed in its manifestation in A.I. Finally, after completing the philosophical and technical analysis, conclusions were drawn. As underlined in the research questions, there are two issues regarding the assignment of moral agency to artificial agent: the first being that all the ontological requirements must be present and secondly being present or not, whether an A.I. ought to be considered as an artificial moral agent. From an ontological point of view, it is very hard to prove that an A.I. could be autonomous, free, intentional, conscious, and responsible. The philosophical accounts are often very theoretical and inconclusive, making it difficult to fully detect these requirements on an experimental level of demonstration. However, from an ethical point of view it makes sense to consider some A.I. as artificial moral agents, hence responsible for their own actions. When considering artificial agents as responsible, there can be applied already existing norms in our judicial system such as removing them from society, and re-educating them, in order to re-introduced them to society. This is in line with how the highest profile correctional facilities ought to work. Noticeably, this is a provisional conclusion and research must continue further. Nevertheless, the strength of the presented argument lies in its immediate applicability to real world scenarios. To refer to the aforementioned incidents, involving the murderer of innocents, when this thesis is applied it is possible to hold an A.I. accountable and responsible for its actions. This infers removing it from society by virtue of its un-usability, re-programming it and, only when properly functioning, re-introducing it successfully

Keywords: artificial agency, correctional system, ethics, natural agency, responsibility

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809 Transferable Knowledge: Expressing Lessons Learnt from Failure to Outsiders

Authors: Stijn Horck

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Background: The value of lessons learned from failure increases when these insights can be put to use by those who did not experience the failure. While learning from others has mostly been researched between individuals or teams within the same environment, transferring knowledge from the person who experienced the failure to an outsider comes with extra challenges. As sense-making of failure is an individual process leading to different learning experiences, the potential of lessons learned from failure is highly variable depending on who is transferring the lessons learned. Using an integrated framework of linguistic aspects related to attributional egotism, this study aims to offer a complete explanation of the challenges in transferring lessons learned from failures that are experienced by others. Method: A case study of a failed foundation established to address the information needs for GPs in times of COVID-19 has been used. An overview of failure causes and lessons learned were made through a preliminary analysis of data collected in two phases with metaphoric examples of failure types. This was followed up by individual narrative interviews with the board members who have all experienced the same events to analyse the individual variance of lessons learned through discourse analysis. This research design uses the researcher-as-instrument approach since the recipient of these lessons learned is the author himself. Results: Thirteen causes were given why the foundation has failed, and nine lessons were formulated. Based on the individually emphasized events, the explanation of the failure events mentioned by all or three respondents consisted of more linguistic aspects related to attributional egotism than failure events mentioned by only one or two. Moreover, the learning events mentioned by all or three respondents involved lessons learned that are based on changed insight, while the lessons expressed by only one or two are more based on direct value. Retrospectively, the lessons expressed as a group in the first data collection phase seem to have captured some but not all of the direct value lessons. Conclusion: Individual variance in expressing lessons learned to outsiders can be reduced using metaphoric or analogical explanations from a third party. In line with the attributional egotism theory, individuals separated from a group that has experienced the same failure are more likely to refer to failure causes of which the chances to be contradicted are the smallest. Lastly, this study contributes to the academic literature by demonstrating that the use of linguistic analysis is suitable for investigating the knowledge transfer from lessons learned after failure.

Keywords: failure, discourse analysis, knowledge transfer, attributional egotism

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808 Understanding the Top Questions Asked about Hong Kong by Travellers Worldwide through a Corpus-Based Discourse Analytic Approach

Authors: Phoenix W. Y. Lam

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As one of the most important service-oriented industries in contemporary society, tourism has increasingly seen the influence of the Internet on all aspects of travelling. Travellers nowadays habitually research online before making travel-related decisions. One platform on which such research is conducted is destination forums. The emergence of such online destination forums in the last decade has allowed tourists to share their travel experiences quickly and easily with a large number of online users around the world. As such, these destination forums also provide invaluable data for tourism bodies to better understand travellers’ views on their destinations. Collecting posts from the Hong Kong travel forum on the world’s largest travel website TripAdvisor®, the present study identifies the top questions asked by TripAdvisor users about Hong Kong through a corpus-based discourse analytic approach. Based on questions posted on the forum and their associated meta-data gathered in a one-year period, the study examines the top questions asked by travellers around the world to identify the key geographical locations in which users have shown the greatest interest in the city. Questions raised by travellers from different geographical locations are also compared to see if traveller communities by location vary in terms of their areas of interest. This analysis involves the study of key words and concordance of frequently-occurring items and a close reading of representative examples in context. Findings from the present study show that travellers who asked the most questions about Hong Kong are from North America and Asia, and that travellers from different locations have different concerns and interests, which are clearly reflected in the language of the questions asked on the travel forum. These findings can therefore provide tourism organisations with useful information about the key markets that should be targeted for promotional purposes, and can also allow such organisations to design advertising campaigns which better address the specific needs of such markets. The present study thus demonstrates the value of applying linguistic knowledge and methodologies to the domain of tourism to address practical issues.

Keywords: corpus, hong kong, online travel forum, tourism, TripAdvisor

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807 A Corpus-Based Analysis of "MeToo" Discourse in South Korea: Coverage Representation in Korean Newspapers

Authors: Sun-Hee Lee, Amanda Kraley

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The “MeToo” movement is a social movement against sexual abuse and harassment. Though the hashtag went viral in 2017 following different cultural flashpoints in different countries, the initial response was quiet in South Korea. This radically changed in January 2018, when a high-ranking senior prosecutor, Seo Ji-hyun, gave a televised interview discussing being sexually assaulted by a colleague. Acknowledging public anger, particularly among women, on the long-existing problems of sexual harassment and abuse, the South Korean media have focused on several high-profile cases. Analyzing the media representation of these cases is a window into the evolving South Korean discourse around “MeToo.” This study presents a linguistic analysis of “MeToo” discourse in South Korea by utilizing a corpus-based approach. The term corpus (pl. corpora) is used to refer to electronic language data, that is, any collection of recorded instances of spoken or written language. A “MeToo” corpus has been collected by extracting newspaper articles containing the keyword “MeToo” from BIGKinds, big data analysis, and service and Nexis Uni, an online academic database search engine, to conduct this language analysis. The corpus analysis explores how Korean media represent accusers and the accused, victims and perpetrators. The extracted data includes 5,885 articles from four broadsheet newspapers (Chosun, JoongAng, Hangyore, and Kyunghyang) and 88 articles from two Korea-based English newspapers (Korea Times and Korea Herald) between January 2017 and November 2020. The information includes basic data analysis with respect to keyword frequency and network analysis and adds refined examinations of select corpus samples through naming strategies, semantic relations, and pragmatic properties. Along with the exponential increase of the number of articles containing the keyword “MeToo” from 104 articles in 2017 to 3,546 articles in 2018, the network and keyword analysis highlights ‘US,’ ‘Harvey Weinstein’, and ‘Hollywood,’ as keywords for 2017, with articles in 2018 highlighting ‘Seo Ji-Hyun, ‘politics,’ ‘President Moon,’ ‘An Ui-Jeong, ‘Lee Yoon-taek’ (the names of perpetrators), and ‘(Korean) society.’ This outcome demonstrates the shift of media focus from international affairs to domestic cases. Another crucial finding is that word ‘defamation’ is widely distributed in the “MeToo” corpus. This relates to the South Korean legal system, in which a person who defames another by publicly alleging information detrimental to their reputation—factual or fabricated—is punishable by law (Article 307 of the Criminal Act of Korea). If the defamation occurs on the internet, it is subject to aggravated punishment under the Act on Promotion of Information and Communications Network Utilization and Information Protection. These laws, in particular, have been used against accusers who have publicly come forward in the wake of “MeToo” in South Korea, adding an extra dimension of risk. This corpus analysis of “MeToo” newspaper articles contributes to the analysis of the media representation of the “MeToo” movement and sheds light on the shifting landscape of gender relations in the public sphere in South Korea.

Keywords: corpus linguistics, MeToo, newspapers, South Korea

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806 Government and Non-Government Policy Responses to Anti-Trafficking Initiatives: A Discursive Analysis of the Construction of the Problem of Human Trafficking in Australia and Thailand

Authors: Jessica J. Gillies

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Human trafficking is a gross violation of human rights and thus invokes a strong response particularly throughout the global academic community. A longstanding tension throughout academic debate remains the question of a relationship between anti-trafficking policy and sex industry policy. In Australia, over the previous decade, many human trafficking investigations have related to the sexual exploitation of female victims, and convictions in Australia to date have often been for trafficking women from Thailand. Sex industry policy in Australia varies between states, providing a rich contextual landscape in which to explore this relationship. The purpose of this study was to deconstruct how meaning is constructed surrounding human trafficking throughout these supposedly related political discourses in Australia. In order to analyse the discursive construction of the problem of human trafficking in relation to sex industry policy, a discursive analysis was conducted. The methodology of the study was informed by a feminist theoretical framework, and included academic sources and grey literature such as organisational reports and policy statements regarding anti-trafficking initiatives. The scope of grey literature was restricted to Australian and Thai government and non-government organisation texts. The chosen methodology facilitated a qualitative exploration of the influence of feminist discourses over political discourse in this arena. The discursive analysis exposed clusters of active feminist debates interacting with sex industry policy within individual states throughout Australia. Additionally, strongly opposed sex industry perspectives were uncovered within these competing feminist frameworks. While the influence these groups may exert over policy differs, the debate constructs a discursive relationship between human trafficking and sex industry policy. This is problematic because anti-trafficking policy is drawn to some extent from this discursive construction, therefore affecting support services for survivors of human trafficking. The discursive analysis further revealed misalignment between government and non-government priorities, Australian government anti-trafficking policy appears to favour criminal justice priorities; whereas non-government settings preference human rights protections. Criminal justice priorities invoke questions of legitimacy, leading to strict eligibility policy for survivors seeking support following exploitation in the Australian sex industry, undermining women’s agency and human rights. In practice, these two main findings demonstrate a construction of policy that has serious outcomes on typical survivors in Australia following a lived experience of human trafficking for the purpose of sexual exploitation. The discourses constructed by conflicting feminist arguments influence political discourses throughout Australia. The application of a feminist theoretical framework to the discursive analysis of the problem of human trafficking is unique to this study. The study has exposed a longstanding and unresolved feminist debate that has filtered throughout anti-trafficking political discourse. This study illuminates the problematic construction of anti-trafficking policy, and the implications in practice on survivor support services. Australia has received international criticism for the focus on criminal justice rather than human rights throughout anti-trafficking policy discourse. The outcome of this study has the potential to inform future language and constructive conversations contributing to knowledge around how policy effects survivors in the post trafficking experience.

Keywords: Australia, discursive analysis, government, human trafficking, non-government, Thailand

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805 Interior Architecture in the Anthropocene: Engaging the Subnature through the Intensification of Body-Surface Interaction

Authors: Verarisa Ujung

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The Anthropocene – as scientists define as a new geological epoch where human intervention has the dominant influence on the geological, atmospheric, and ecological processes challenges the contemporary discourse in architecture and interior. The dominant influence characterises the incapability to distinguish the notion of nature, subnature, human and non-human. Consequently, living in the Anthropocene demands sensitivity and responsiveness to heighten our sense of the rhythm of transformation and recognition of our environment as a product of natural, social and historical processes. The notion of subnature is particularly emphasised in this paper to investigate the poetic sense of living with subnature. It could be associated with the critical tool for exploring the aesthetic and programmatic implications of subnature on interiority. The ephemeral immaterial attached to subnature promotes the sense of atmospheric delineation of interiority, the very inner significance of body-surface interaction, which central to interior architecture discourse. This would then reflect human’s activities; examine the transformative change, the architectural motion and the traces that left between moments. In this way, engaging the notion of subnature enable us to better understand the critical subject on interiority and might provide an in-depth study on interior architecture. Incorporating the exploration on the form, materiality, and pattern of subnature, this research seeks to grasp the inner significance of micro to macro approaches so that the future of interior might be compelled to depend more on the investigation and development of responsive environment. To reflect upon the form, materiality and intensity of subnature that specifically characterized by the natural, social and historical processes, this research examines a volcanic land, White Island/Whakaari, New Zealand as the chosen site of investigation. Emitting various forms and intensities of subnatures - smokes, mud, sulphur gas, this volcanic land also open to the new inhabitation within the sulphur factory ruins that reflects human’s past occupation. In this way, temporal and natural selected manifestations of materiality, artefact, and performance can be traced out and might reveal the meaningful relations among space, inhabitation, and well-being of inhabitants in the Anthropocene.

Keywords: anthropocene, body, intensification, intensity, interior architecture, subnature, surface

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804 The Ambivalent Dealing with Diversity: An Ethnographic Study of Diversity and Its Different Faces of Managing in a Mixed Neighborhood in Germany

Authors: Nina Berding

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Migration and the ensuing diversity are integral parts of urban societies. However, engaging with the urban society and its diversification is rarely perceived as something trivial but rather as a difficult task and a major challenge. A central aspect of the discourse is the current migration of refugees from countries of the southern hemisphere to Europe and the resulting challenges for cities, their municipalities and the civil society as a whole. Based on exploratory field research in a German inner-city neighborhood, it is aimed to show that the discourses about migration and diversity are completely contrary to the everyday life actions of the urban society. Processes of migration that include leaving one’s hometown and moving to other places, searching for ‘safe’ environments or better opportunities are, historically speaking, not a new phenomenon. The urban dwellers have a large repertoire of strategies in managing processes of difference in everyday life situations, guided them well for centuries and also in these contemporary processes with an increased mobility and diversity. So there is obviously a considerable discrepancy between what is practically lived in everyday life, and how it is talked about. The results of the study demonstrate that the current discourse about the challenges of migration seems to legitimize interventions beyond humanist approaches where migrants serve as collective scapegoats for social problems and affected by different discrimination and criminalization processes. On the one hand, everyone takes advantage of the super-mobility and super-diversity in their daily lives and on the other hand, powerful stakeholders and designated authorities operate a sort of retro- nationalism and identity collectivism. Political players, the municipalities and other stakeholders then follow an urban public policy that takes actions (increasing police presence, concepts and activities for special groups, exclusion from active social life, preventing participation etc.) towards different ‘groups’ of residents, produced along ‘ethnic’ lines. The results also show that, despite the obstacles and adversities placed in their way, the excluded residents perpetually relocate and re-position themselves and attempt to empower themselves by redefining their identities in their neighborhood.

Keywords: coexistence, everyday life, migration and diversity regimes, urban policy

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803 The Pragmatics of the Evil Eye: Compliment Response Strategies in Egyptian Colloquial Arabic

Authors: HebatAllah Mohamed

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The present study aims at identifying compliment response strategies used by Egyptian students when responding to a problematic and cultural-specific type of compliments: those allegedly provoking the evil eye. Discourse Completion Tasks (DCTs) and interviews were used to collect the data. both The participants were 21 female and 16 male Egyptian graduate and undergraduate students at the American university in Cairo. The results revealed a number of both common and different main and sub-categories of responses utilized by participants of both genders. Pedagogical implications are discussed.

Keywords: Arabic pragmatics, compliment responses, evil eye pragmatics, pragmatics in Egypt

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802 Alterations in Habitation and Architectural Education Due to the COVID-19 Pandemic: The Operation of the Architectural Studio as a Crossroad

Authors: Chrysi K. Nikoloutsou, Gianna Th. Siapati

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The pandemic limitations have altered architectural education as the discourse shifted towards virtual studios and blended learning. In addition, lockdown conditions and remote working have affected habitation. Adaptability is now a key factor. The architectural studio needs to adjust to these new terms both in education and in inhabitation. This paper will investigate the operation of an architectural studio in relation to how one experiences their house due to the pandemic, based on a literature review and qualitative research methods (interviews & workshops with students). Zenetos’ prophetic ideas of ‘Electronic Urbanism’ and ‘tele-activities’ are now more present than ever.

Keywords: architectural education, pandemic, residential design, studio pedagogy

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801 Models and Metamodels for Computer-Assisted Natural Language Grammar Learning

Authors: Evgeny Pyshkin, Maxim Mozgovoy, Vladislav Volkov

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The paper follows a discourse on computer-assisted language learning. We examine problems of foreign language teaching and learning and introduce a metamodel that can be used to define learning models of language grammar structures in order to support teacher/student interaction. Special attention is paid to the concept of a virtual language lab. Our approach to language education assumes to encourage learners to experiment with a language and to learn by discovering patterns of grammatically correct structures created and managed by a language expert.

Keywords: computer-assisted instruction, language learning, natural language grammar models, HCI

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800 A Critical Genre Analysis of Negative Parts in CSR Reports

Authors: Shuai Liu

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In corporate social responsibility (CSR) reporting, companies are expected to present both the positive and negative parts of the social and environmental impacts of their performance. This study investigates how the companies that listed in fortune 500 respond to this challenge by analyzing the representations of negative part especially the safety performance. It has found that in the level of genre analysis, it presented 3 major moves and 11 steps in terms of the interdiscursivity analysis. It was made up of three dominant discourse.. The study calls for greater focus on the internal and external analysis of the negative aspect of aspects of companies’ self-disclosure.

Keywords: CSR reports, negative parts, critical genre analysis, interdiscursivity

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799 Foucault and Governmentality: International Organizations and State Power

Authors: Sara Dragisic

Abstract:

Using the theoretical analysis of the birth of biopolitics that Foucault performed through the history of liberalism and neoliberalism, in this paper we will try to show how, precisely through problematizing the role of international institutions, the model of governance differs from previous ways of objectifying body and life. Are the state and its mechanisms still a Leviathan to fight against, or can it be even the driver of resistance against the proponents of modern governance and the biopolitical power? Do paradigmatic examples of biopolitics still appear through sovereignty and (international) law, or is it precisely this sphere that shows a significant dose of incompetence and powerlessness in relation to, not only the economic sphere (Foucault’s critique of neoliberalism) but also the new politics of freedom? Have the struggle for freedom and human rights, as well as the war on terrorism, opened a new spectrum of biopolitical processes, which are manifested precisely through new international institutions and humanitarian discourse? We will try to answer these questions, in the following way. On the one hand, we will show that the views of authors such as Agamben and Hardt and Negri, in whom the state and sovereignty are seen as enemies to be defeated or overcome, fail to see how such attempts could translate into the politicization of life like it is done in many examples through the doctrine of liberal interventionism and humanitarianism. On the other hand, we will point out that it is precisely the humanitarian discourse and the defense of the right to intervention that can be the incentive and basis for the politicization of the category of life and lead to the selective application of human rights. Zizek example of the killing of United Nations workers and doctors in a village during the Vietnam War, who were targeted even before police or soldiers, because they were precisely seen as a powerful instrument of American imperialism (as they were sincerely trying to help the population), will be focus of this part of the analysis. We’ll ask the question whether such interpretation is a kind of liquidation of the extreme left of the political (Laclau) or on this basis can be explained at least in part the need to review the functioning of international organizations, ranging from those dealing with humanitarian aid (and humanitarian military interventions) to those dealing with protection and the security of the population, primarily from growing terrorism. Based on the above examples, we will also explain how the discourse of terrorism itself plays a dual role: it can appear as a tool of liberal biopolitics, although, more superficially, it mostly appears as an enemy that wants to destroy the liberal system and its values. This brings us to the basic problem that this paper will tackle: do the mechanisms of institutional struggle for human rights and freedoms, which is often seen as opposed to the security mechanisms of the state, serve the governance of citizens in such a way that the latter themselves participate in producing biopolitical governmental practices? Is the freedom today "nothing but the correlative development of apparatuses of security" (Foucault)? Or, we can continue this line of Foucault’s argumentation and enhance the interpretation with the important question of what precisely today reflects the change in the rationality of governance in which society is transformed from a passive object into a subject of its own production. Finally, in order to understand the skills of biopolitical governance in modern civil society, it is necessary to pay attention to the status of international organizations, which seem to have become a significant place for the implementation of global governance. In this sense, the power of sovereignty can turn out to be an insufficiently strong power of security policy, which can go hand in hand with freedom policies, through neoliberal governmental techniques.

Keywords: neoliberalism, Foucault, sovereignty, biopolitics, international organizations, NGOs, Agamben, Hardt&Negri, Zizek, security, state power

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798 Some Reasons for the Pervasiveness of the Blood Feud among Albanians: An Albanian Phenomenon or Lack of Malfunction of the Judicial Structure

Authors: Arburim Iseni, Afrim Aliti, Nagri Rexhepi

Abstract:

The blood feud or blood-taking is a social obligation to commit murder in order to salvage honor questioned by an earlier murder or moral humiliation. This social obligation is still preserved as a stub among Albanians when honor is violated. By the term honor are understood many things, such as honor to the family, house, guest, property, etc. Many Albanian family members are forced to stay locked up at home because of the blood killing, whereas other families abandon their houses and migrate to other places. Nonetheless, Albanians maintain close ties with their extended families, clans, and tribes and thus chances are high that the violence can beget more violence and without reconciliation of the blood these families will always be endangered. One of the reasons for the pervasiveness of the blood feud is the poor social conditions, political imbroglio and the power vacuum which comes from the corrupted and judiciary system of the state. Contrary to this, Albanian blood feud is not a phenomenon present only to the Albanians, but it also takes place in some other cultures and nations, such as: Chechens, Montenegrins, Serbians, and lately more radical one is between Amman and Israel who are at constant feud.

Keywords: honor, blood feud, reconciliation, power vacuum, poor social conditions, political imbroglio

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797 Study on the Characteristics of Victims and Victimizers of Intimate Partner Violence in Spain and Its Impact on Criminal Intervention

Authors: María José Benitez Jimenez

Abstract:

This research is based on the hypothesis that, despite being found that the problem of violence against the female partner occurs in all social classes, the criminal intervention falls, above all, on victims and aggressors with sociodemographic characteristics of the most excluded social groups. The methodology used in this study has been a collection of information through Spanish official statistics from 2004 to 2016: population, police, judicial and penitentiary data from Ministry of Interior, Ministry of Justice and statistics National Institute. The data provided show that women victims and aggressors who come into contact with criminal intervention bodies for filing a complaint or having been reported, respectively, show a very high percentage, usually well above 50%, only primary studies or even that. Their employment situation is also precarious, in a percentage that could also be around 70%. The percentage distribution of these two variables is clearly above that which occurs in the whole of the Spanish population, in a particularly marked way as regards the employment situation. Immigrants triple, as victims or as aggressors of gender violence, the percentages of the Spanish population in terms of their contact with the organs of criminal intervention. Also the rate of foreign inmates in prisons for violence against the female couple doubles that of Spanish inmates.

Keywords: inmigrants, intimate partner violence, Spain, sociodemographic characteristics

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796 The Divergent Discourse of Political Islam: A Comparative Study of Indonesia and Pakistan

Authors: Sohaib Khaliq

Abstract:

This paper pursues a systematic analysis of the broad range of theories and studies relevant to Islam and democracy, in general and as they have been developed from and applied to the Indonesian and Pakistani cases. The analysis finds that an Islamic society’s potential to assimilate democratic political institutions is contingent on either an unconstrained 'political participation' or its ability to 'reinterpret' religious text. Drawing on a comparison of Indonesia and Pakistan, the present study favors a route that passes through the religious gates of theoretical reinterpretation. In doing so, the study brings Muslim reformation theory into focus by clarifying the mechanism by which reformation takes place.

Keywords: Islam, democratization, political Islam, reformation

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795 Federalism, a System of Government: Comparative Study of Australia and Canada

Authors: Rana Tajammal Rashid

Abstract:

Federalism is a political system in which government power and responsibility are divided between a federal legislature and units of the state or provincial legislatures. This system provides the structure for the states having large territory and through that can manage the state affairs and administration easily. Many of the largest countries in the world are federations, like; The United States, Canada, India, Pakistan South Africa, Argentina, and Australia. Every large democratic nation has a federal system of government. This study will explore the feature and good governance of two developed countries Canada and Australia. This study will be helpful to the developing countries like Pakistan, India which have a federal form of structure to run the affairs of the state. In the federal system of Pakistan there are lot of issues and conflicts with the provinces with a comparative study of these two developed countries, i.e., Australia and Canada, our policy and decision maker political actors will understand in which way a state will successfully manage the issues related to federalism. This study will also provide the help to the students of comparative politics that how to analysis the different political system of the developed countries of the world.

Keywords: federalism, features of federalism, types of federalism, history of federalism, Australian federalism, Canadian federalism, federalism developments, executives, federal and provincial autonomy legislative, judicial

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794 Avoidance and Selectivity in the Acquisition of Arabic as a Second/Foreign Language

Authors: Abeer Heider

Abstract:

This paper explores and classifies the different kinds of avoidances that students commonly make in the acquisition of Arabic as a second/foreign language, and suggests specific strategies to help students lessen their avoidance trends in hopes of streamlining the learning process. Students most commonly use avoidance strategies in grammar, and word choice. These different types of strategies have different implications and naturally require different approaches. Thus the question remains as to the most effective way to help students improve their Arabic, and how teachers can efficiently utilize these techniques. It is hoped that this research will contribute to understand the role of avoidance in the field of the second language acquisition in general, and as a type of input. Yet some researchers also note that similarity between L1 and L2 may be problematic as well since the learner may doubt that such similarity indeed exists and consequently avoid the identical constructions or elements (Jordens, 1977; Kellermann, 1977, 1978, 1986). In an effort to resolve this issue, a case study is being conducted. The present case study attempts to provide a broader analysis of what is acquired than is usually the case, analyzing the learners ‘accomplishments in terms of three –part framework of the components of communicative competence suggested by Michele Canale: grammatical competence, sociolinguistic competence and discourse competence. The subjects of this study are 15 students’ 22th year who came to study Arabic at Qatar University of Cairo. The 15 students are in the advanced level. They were complete intermediate level in Arabic when they arrive in Qatar for the first time. The study used discourse analytic method to examine how the first language affects students’ production and output in the second language, and how and when students use avoidance methods in their learning. The study will be conducted through Fall 2015 through analyzing audio recordings that are recorded throughout the entire semester. The recordings will be around 30 clips. The students are using supplementary listening and speaking materials. The group will be tested at the end of the term to assess any measurable difference between the techniques. Questionnaires will be administered to teachers and students before and after the semester to assess any change in attitude toward avoidance and selectivity methods. Responses to these questionnaires are analyzed and discussed to assess the relative merits of the aforementioned strategies to avoidance and selectivity to further support on. Implications and recommendations for teacher training are proposed.

Keywords: the second language acquisition, learning languages, selectivity, avoidance

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793 Law and its Implementation and Consequences in Pakistan

Authors: Amir Shafiq, Asif Shahzad, Shabbar Mehmood, Muhammad Saeed, Hamid Mustafa

Abstract:

Legislation includes the law or the statutes which is being reputable by a sovereign authority and generally can be implemented by the courts of law time to time to accomplish the objectives. Historically speaking upon the emergence of Pakistan in 1947, the intact laws of the British Raj remained effective after ablution by Islamic Ideology. Thus, there was an intention to begin the statutes book afresh for Pakistan's legal history. In consequence thereof, the process of developing detailed plans, procedures and mechanisms to ensure legislative and regulatory requirements are achieved began keeping in view the cultural values and the local customs. This article is an input to the enduring discussion about implementing rule of law in Pakistan whereas; the rule of law requires the harmony of laws which is mostly in the arrangement of codified state laws. Pakistan has legal plural civilizations where completely different and independent systems of law like the Mohammadan law, the state law and the traditional law exist. The prevailing practiced law in Pakistan is actually the traditional law though the said law is not acknowledged by the State. This caused the main problem of the rule of law in the difference between the state laws and the cultural values. These values, customs and so-called traditional laws are the main obstacle to enforce the State law in true letter and spirit which has caused dissatisfaction of the masses and distrust upon the judicial system of the country.

Keywords: consequences, implement, law, Pakistan

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792 A Holistic Analysis of the Emergency Call: From in Situ Negotiation to Policy Frameworks and Back

Authors: Jo Angouri, Charlotte Kennedy, Shawnea Ting, David Rawlinson, Matthew Booker, Nigel Rees

Abstract:

Ambulance services need to balance the large volume of emergency (999 in the UK) calls they receive (e.g., West Midlands Ambulance Service reports per day about 4,000 999 calls; about 679,000 calls per year are received in Wales), with dispatching limited resource for on-site intervention to the most critical cases. The process by which Emergency Medical Dispatch (EMD) decisions are made is related to risk assessment and involves the caller and call-taker as well as clinical teams negotiating risk levels on a case-by-case basis. Medical Priority Dispatch System (MPDS – also referred to as Advanced Medical Priority Dispatch System AMPDS) are used in the UK by NHS Trusts (e.,g WAST) to process and prioritise 999 calls. MPDS / AMPDS provide structured protocols for call prioritisation and call management. Protocols/policy frameworks have not been examined before in the way we propose in our project. In more detail, the risk factors that play a role in the EMD negotiation between the caller and call-taker have been analysed in both medical and social science research. Research has focused on the structural, morphological and phonological aspects that could improve, and train, human-to-human interaction or automate risk detection, as well as the medical factors that need to be captured from the caller to inform the dispatch decision. There are two significant gaps in our knowledge that we address in our work: 1. the role of backstage clinical teams in translating the caller/call-taker interaction in their internal risk negotiation and, 2. the role of policy frameworks, protocols and regulations in the framing of institutional priorities and resource allocation. We take a multi method approach and combine the analysis of 999 calls with the analysis of policy documents. We draw on interaction analysis, corpus methodologies and thematic analysis. In this paper, we report on our preliminary findings and focus in particular on the risk factors we have identified and the relationship with the regulations that create the frame within which teams operate. We close the paper with implications of our study for providing evidence-based policy intervention and recommendations for further research.

Keywords: emergency (999) call, interaction analysis, discourse analysis, ambulance dispatch, medical discourse

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791 Massachusetts Homeschool Policy: An Interpretive Analysis of Homeschool Regulation and Oversight

Authors: Lauren Freed

Abstract:

This research proposal outlines an examination of homeschool oversight in the Massachusetts educational system amid the backdrop of ideological differences between various parties with contributing interests. This mixed methodology study will follow an interpretive policy research approach, involving the use of existing data, surveys, and focus groups. The aim is to capture distinct sets of meanings, values, feelings, and beliefs by principal stakeholders, while exploring the ways in which they/each interact with, interpret, and implement homeschool guidelines set forth by the Massachusetts Supreme Judicial Court Decision Care and Protection of Charles (1987). This analysis will identify and contextualize the attitudes, administrative choices, financial implications, and educational impacts that result from the process and practice of enacting current homeschool oversight policy in Massachusetts. The following question will guide this study: How do districts, homeschooling parents, and Massachusetts Department of Elementary and Secondary Education (DESE) regulate, fund, collect, interpret, implement and report Massachusetts homeschool oversight policy? The resulting analysis will produce a unique and original baseline snapshot of qualitative and quantifiable point-in-time data based on the registered homeschool population in the state of Massachusetts.

Keywords: alternative education, homeschooling, home education, home schooling policy

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790 Theoretical Reflections on Metaphor and Cohesion and the Coherence of Face-To-Face Interactions

Authors: Afef Badri

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The role of metaphor in creating the coherence and the cohesion of discourse in online interactive talk has almost received no attention. This paper intends to provide some theoretical reflections on metaphorical coherence as a jointly constructed process that evolves in online, face-to-face interactions. It suggests that the presence of a global conceptual structure in a conversation makes it conceptually cohesive. Yet, coherence remains a process largely determined by other variables (shared goals, communicative intentions, and framework of understanding). Metaphorical coherence created by these variables can be useful in detecting bias in media reporting.

Keywords: coherence, cohesion, face-to-face interactions, metaphor

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789 Quantifying Automation in the Architectural Design Process via a Framework Based on Task Breakdown Systems and Recursive Analysis: An Exploratory Study

Authors: D. M. Samartsev, A. G. Copping

Abstract:

As with all industries, architects are using increasing amounts of automation within practice, with approaches such as generative design and use of AI becoming more commonplace. However, the discourse on the rate at which the architectural design process is being automated is often personal and lacking in objective figures and measurements. This results in confusion between people and barriers to effective discourse on the subject, in turn limiting the ability of architects, policy makers, and members of the public in making informed decisions in the area of design automation. This paper proposes the use of a framework to quantify the progress of automation within the design process. The use of a reductionist analysis of the design process allows it to be quantified in a manner that enables direct comparison across different times, as well as locations and projects. The methodology is informed by the design of this framework – taking on the aspects of a systematic review but compressed in time to allow for an initial set of data to verify the validity of the framework. The use of such a framework of quantification enables various practical uses such as predicting the future of the architectural industry with regards to which tasks will be automated, as well as making more informed decisions on the subject of automation on multiple levels ranging from individual decisions to policy making from governing bodies such as the RIBA. This is achieved by analyzing the design process as a generic task that needs to be performed, then using principles of work breakdown systems to split the task of designing an entire building into smaller tasks, which can then be recursively split further as required. Each task is then assigned a series of milestones that allow for the objective analysis of its automation progress. By combining these two approaches it is possible to create a data structure that describes how much various parts of the architectural design process are automated. The data gathered in the paper serves the dual purposes of providing the framework with validation, as well as giving insights into the current situation of automation within the architectural design process. The framework can be interrogated in many ways and preliminary analysis shows that almost 40% of the architectural design process has been automated in some practical fashion at the time of writing, with the rate at which progress is made slowly increasing over the years, with the majority of tasks in the design process reaching a new milestone in automation in less than 6 years. Additionally, a further 15% of the design process is currently being automated in some way, with various products in development but not yet released to the industry. Lastly, various limitations of the framework are examined in this paper as well as further areas of study.

Keywords: analysis, architecture, automation, design process, technology

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788 The Ethics Of Documentary Filmmaking Discuss The Ethical Considerations And Responsibilities Of Documentary Filmmakers When Portraying Real-Life Events And Subjects

Authors: Batatunde Kolawole

Abstract:

Documentary filmmaking stands as a distinctive medium within the cinematic realm, commanding a unique responsibility the portrayal of real-life events and subjects. This research delves into the profound ethical considerations and responsibilities that documentary filmmakers shoulder as they embark on the quest to unveil truth and weave compelling narratives. In the exploration, they embark on a comprehensive review of ethical frameworks and real-world case studies, illuminating the intricate web of challenges that documentarians confront. These challenges encompass an array of ethical intricacies, from securing informed consent to safeguarding privacy, maintaining unwavering objectivity, and sidestepping the snares of narrative manipulation when crafting stories from reality. Furthermore, they dissect the contemporary ethical terrain, acknowledging the emergence of novel dilemmas in the digital age, such as deepfakes and digital alterations. Through a meticulous analysis of ethical quandaries faced by distinguished documentary filmmakers and their strategies for ethical navigation, this study offers invaluable insights into the evolving role of documentaries in molding public discourse. They underscore the indispensable significance of transparency, integrity, and an indomitable commitment to encapsulating the intricacies of reality within the realm of ethical documentary filmmaking. In a world increasingly reliant on visual narratives, an understanding of the subtle ethical dimensions of documentary filmmaking holds relevance not only for those behind the camera but also for the diverse audiences who engage with and interpret the realities unveiled on screen. This research stands as a rigorous examination of the moral compass that steers this potent form of cinematic expression. It emphasizes the capacity of ethical documentary filmmaking to enlighten, challenge, and inspire, all while unwaveringly upholding the core principles of truthfulness and respect for the human subjects under scrutiny. Through this holistic analysis, they illuminate the enduring significance of upholding ethical integrity while uncovering the truths that shape our world. Ethical documentary filmmaking, as exemplified by "Rape" and countless other powerful narratives, serves as a testament to the enduring potential of cinema to inform, challenge, and drive meaningful societal discourse.

Keywords: filmmaking, documentary, human right, film

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787 Pragmatic Survey of Precedence as Linguistic 'Déjà Vu' in Political Text and Talk

Authors: Zarine Avetisyan

Abstract:

Both in language and literature there exists the theory of recurrence of text and talk chunks which brings us to the notion of precedence. It must be stated that precedence as a pragma-linguistic phenomenon is yet underknown and it is the main objective of the present research to revisit and reveal it thoroughly. In line with the main research objective, analysis of political text and talk provides abundant relevant data for the illustration of the phenomenon of precedence. The analysis focuses on certain pragmatic universals (e.g. intention) and categories (e.g. speech techniques) which lead to the disclosure of the present object of study.

Keywords: intention, precedence, political discourse, pragmatic universals

Procedia PDF Downloads 405