Search results for: Chinese legal stories

Authors: Ibtisam Mohammed Salim Al Quraini

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This paper examines how introducing Omani literature in foreign language classrooms can influence the students' motivation in learning the language. The data was collected through the questionnaire which was administered to two samples (A and B) of the participants. Sample A was comprised of 30 female students from English department who are specialist in English literature in college of Arts and Social Science. Sample B in contrast was comprised of 10 female students who their major is English from college of Education. Results show that each genre in literature has different influence on the students' motivation in learning the language which proves that literacy texts are powerful. Generally, Omani English teachers tend to avoid teaching literature because they think that it is a difficult method to use in teaching field. However, the advantages and the influences of teaching poetries, short stories, and plays are discussed. Recommendations for current research and further research are also discussed at the end.

Keywords: education, plays, short stories, poems

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Authors: Sharafat Karimi, Jamil Jafari

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The impact of Western Literature on other nations' pieces of literature (including Arabic) has caused critics to ignore the importance of Arabic cultural & literary heritage in the formation of contemporary Arabic fiction; but on the contrary, an important part of literary genres in any society, especially fiction has been formed in the past and depends on ancient literary events. The current paper, utilizing the descriptive-analytical method and by means of library studies, tries to challenge those critics who regard Western Literature as the only effective factor on the appearance of Arabic fiction. Furthermore, this research tries to find out effective Islamic-Arabic elements on the development of Arabic novel by the investigation of some fictional works. The results show that in addition to regarding Western literature as an important factor, Arab novelists have applied their heritage, culture, and ancient history, either written or orally transmitted to the current generation, in their innovations. Among great historical works containing moral stories, allegorical legends, myths, tales of heroes, and folklore, we can refer to Arabian Nights, Kalila & Dimna, romantic stories, historical puzzles, history of Islam, history of ancient Egypt, Maqama, and Quranic stories. Famous novels like 'Hadith Isa ibn-Hisham', 'Layali Alif Layla', 'Abas al-Aqdar', 'Radoubis', 'Ahlam Shahrzad, and 'Alam Bela Kharaet' were compiled on the basis of ancient literary heritage not only in the theme but also in the structure; so one can conclude that the ancient literary-cultural heritage and Islamic-Arabian history have been influential on Arabic novel appearance and development.

Keywords: Arabic fictional literature, culture, heritage, history, language, novel

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Authors: Junwu Tian

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Chinese poetics originated in the pre-Qin period, while Western poetics came into being in the Hellenistic period. Although there was no mutual communication and influence between the two kinds of poetics due to both geographical distance and chronological displacement, the Sino-Western thinkers shared much in common, particularly in the social function of literature and art, the pursuit of unified and harmonious aesthetics, the advocacy of poets’ subjective initiative in the creative process of literature and art. In the sphere of rhetoric, the poetics of the pre-Qin scholars and their Greek counterparts also had heterogeneous similarities. By comparing the aesthetic ideas of Confucius, Mencius, Xun Zi, and Deng Xi with those of Plato, Aristotle, and Protagoras, this paper intends to reveal the common concerns of Chinese and Western poetics in the context of heterogeneous cultures and in their respective origin periods.

Keywords: Pre-Qin poetics, ancient Greek poetics, heterogeneous similarity, origin period

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Authors: Iulia Elena Gîță

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According to the sociological theory of literature, constraints on the creation and share of cultural works can be placed between two extremes: one with a high level of politicization and the other with a high level of commercialization. The overall objective of the present research is to follow the principles of Sociology of Translation to closely map and analyse the publishing activity of Romania concerning China and Chinese literature during four stages of Romanian history between 1948-2018. This paper proposes, thus, an extended approach to literature, to its cultural, political and economic reception. In achieving the proposed objectives, the research expands far beyond the literary text itself, to its macro context, analysing, through quantitative research methods, a statistical database created based on two phases - the first part containing literary and non-fictional works that address and discuss issues related to China; the second part includes literary translations of Chinese literature into Romanian, either by direct translation or by an intermediate language. Throughout this paper we will map not only the number of works, but also the topics approached by writers along the two periods of the political life of Romania.

Keywords: bilateral relations, Chinese literature, intercultural understanding, international relations, socio-cultural reception, socio-political constraints, publishing

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Authors: Susanna Menis

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The context of this study revolves around the theme of consent and the construction of unlawfulness in judicial decisions. It aims to explore the formation of societal perceptions of unlawfulness within the context of consensual sexual acts leading to harmful consequences. This study investigates how judges create legal rules that reflect social solidarity and protect against violence. Specifically, the research aims to understand the justification behind criminalising consensual sexual activity when categorised under different offences. The main question addressed in this study will evaluate the way judges create legal rules that they believe reflect social solidarity and protect against violence. The study employs a historical genealogy approach as its methodology. This approach allows for tracing back the original formation of societal perspectives on unlawfulness, thus highlighting the socially constructed nature of the present understanding. The data for this study will be collected through an extensive literature review, examining historical legal cases and documents that shape the understanding of unlawfulness. This will provide a comprehensive view of how social attitudes toward private sexual relations influenced the creation of legal rules. The theoretical importance of this research lies in its contribution to socio-legal scholarship. This study adds to the existing knowledge on the topic by exploring questions of unconscious bias and its origins. The findings shed light on how and why individuals possess unconscious biases, particularly within the judicial system. In conclusion, this study investigates judicial decisions concerning consensual sexual acts and the construction of unlawfulness. By employing a historical genealogy approach, the research sheds light on how judges create legal rules that reflect social solidarity and aim to protect against violence. The theoretical importance of this study lies in its contribution to understanding unconscious bias and its origins within the judicial system. Through data collection and analysis procedures, this study aims to provide valuable insights into the formation of social attitudes towards private sexual relations and its impact on legal rulings.

Keywords: consent, sexual offences, offences against the person, legal genealogy, social construct

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Authors: Mao Huasong, Tang Siqi, Cheng Yu

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The cognition and practice of Chinese landscapes have distinct uniqueness. The intergenerational inheritance of urban and rural landscapes is a common objective fact which has created a unique type of heritage in China - scenic heritage. The current generalization of the concept of scenic heritage has affected the lack of innovation in corresponding protection practices. Therefore, clarifying the concepts and connotations of scenery and scenic heritage, clarifying the protection objects of scenic heritage and the methods and approaches in intergenerational inheritance can provide theoretical support for the practice of Chinese scenic heritage and contribute Chinese wisdom to the transformation of world heritage sites. Taking ancient Shaoxing, which has a long time span and rich descriptions of scenic types and quantities, as the research object and using local chronicles as the basic research material, based on text analysis, word frequency analysis, case statistics, and historical, geographical spatial annotation methods, this study traces back to ancient scenic practices and conducts in-depth descriptions in both text and space. it have constructed a scenic heritage identification method based on the basic connotation characteristics and morphological representation characteristics of natural and cultural correlations, combined with the intergenerational and representative characteristics of scenic heritage; Summarized the bidirectional integration of "scenic spots" and "form scenic spots", "outstanding people" and "local spirits" in the formation process of scenic heritage; In inheritance, guided by Confucian values of education; In communication, the cultural interpretation constructed by scenery and the way of landscape life are used to strengthen the intergenerational inheritance of natural, artificial material elements, and intangible spirits. As a unique type of heritage in China, scenic heritage should improve its standards, values, and connotations in current protection practices and actively absorb historical experience.

Keywords: scenic heritage, heritage protection, cultural landscape, shaoxing, chinese landscape

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Authors: Renzhong Peng, Weiping Wu

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Based on the framework of Hofstede’s cultural dimension, this study conducted a comparative study on the similarities and differences between national cultures and corporate cultural values, analyzed and interpreted the reasons why Chinese overseas Mergers and Acquisitions (M&A) cultural integration results in the success or failure. The findings of this study indicate that in the process of M&A, the corporate cultural values from Chinese and western corporations are proved to be quite different as a result of their diversities of national cultures, and the strategies for the integration of cultural corporate values are of vital importance and can determine the effects of the M&A, which can be referential to managers who intend to have the idea of M&A and those who have cultural integration in the process of M&A.

Keywords: comparative study, cultural integration, corporate cultural values, Mergers and Acquisitions

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Authors: Dalhat Binta Dan - Ali

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The reality of the new world economic order and the ever increasing importance of biotechnology in the global economy have necessitated the ratification of the Cartagena Protocol on Biosafety and the recent promulgation of Biosafety Act in Nigeria 2015. The legal regimes are anchored on the need to create an enabling environment for the flourishing of bio-trade and also to ensure the safety of the environment and human health. This paper critically examines the legal framework on biosafety by taking a cursory look at its philosophical foundation, key issues and milestones. The paper argues that the extant laws, though a giant leap in the establishment of a legal framework on biosafety, it posits that the legal framework raises debate and controversy on the difficulties of risk assessment on biodiversity and human health, other challenges includes lack of sound institutional capacity and the regimes direction of a hybrid approach between environmental conservation and trade issues. The paper recommend the need for the country to do more in the area of stimulating awareness and establishment of a sound institutional capacity to enable the law ensure adequate level of protection in the field of safe transfer, handling, and use of genetically modified organisms (GMOs) in Nigeria.

Keywords: Cartagena protocol, biosafety, issues, challenges, biotrade, genetically modified organism (GMOs), environment

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Authors: Abdus-Samii Imam Arikewuyo

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The human rights phenomenon increasingly gains universal prominence in the contemporary age. This embraces the clamour for a just treatment of individuals in society. The human rights agitation is a global pursuit which virtually gave birth to many national and international human rights organizations. In particular, Nigeria accedes to a number of human rights covenants. Invariably, there are some provisions which are recognized as inalienable rights of man in his society by which his intrinsic worth and dignity are protected by law. Nonetheless, the constituents of human rights differ in various societies. Conversely, Islam, as a complete code of life, guarantees the rights of a man vis-à-vis the rights of others in his environment regardless of place and time. Human rights pressure in Nigeria in recent times prompted proactive steps to address the issue through various legal instruments. Amazingly, the struggle appears to be a rhetorical noise because the human rights violation subsists. This provokes the present research on a comparative study of the Nigerian legal provisions and the Islamic law perspectives on human rights. It is discovered that the first is simply theoretical, while the other contains both the theoretical framework and the practical measures for its enforcement. The study adopts analytical and descriptive methods. It concludes with the assertion that the Islamic law provisions are all-embracing, universal and more efficacious. Hence, it recommends the adoption of the Islamic law approach to human rights issues.

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

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Authors: Yanping He-Ulbricht, Marc Oliver Rieger

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Based on survey data collected from people with Chinese roots living in Germany, this paper examines the impact of assimilation degree and language priming (Chinese or German) on individuals’ perceived fairness of economic and social differences and their attitude towards these. The results show that both the language used and the length of time spent in a foreign culture have a significant impact. Subjects who had spent less than 10 years in Germany demonstrated a higher readiness to accept government intervention in markets with price limits than those who had lived there longer. Subjects who were asked and answered in German perceived the current economic situation as less fair and were also less inclined to accept inequality, even when it leads to a Pareto improvement. While the difference in fairness perception of inequality was a cultural effect, the difference in attitudes towards government intervention was rather a result of learning process. The findings imply that both learning processes of individuals and culture play an important role in perception and preferences regarding social and economic differences.

Keywords: assimilation, bilingualism, cross-cultural comparison, income inequality, language priming, price fairness

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Authors: Luo Lan, Huang Jingjing, Li Huafang

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Hypoactive sexual desire disorder (HSDD) was common in China, and Chinese women's sexual health-seeking behaviors were found to be mainly impeded by their psychological barriers. However, underlying mechanisms for such unhealthy sexual health attitudes and symptoms of HSDD were unknown. Many studies suggested the correlation between women's psychological barriers, HSDD and attachment style but had limitations, so this study further explored their relationship. Chinese women of childbearing age were recruited from May 2020 to December 2022 in Shanghai, China. The Revised Adult Attachment Scale (RAAS), the Female Sexual Function Index (FSFI), the Female Sexual Distress Scale-Desire/Arousal/Orgasm (FSDS-DAO), a sexual health attitude questionnaire, and a psychiatric interview were administered. The analytic sample contained 279 women, of which 107 women were HSDD patients. Women with a fearful attachment style were found to be more likely to be unwilling to communicate sexual health (aOR 2.55, 95%CI 1.05-6.28) and feel ashamed of sexual health-related disorders (aOR 2.66, 95%CI 1.14-6.13). They are also linked with a higher risk of HSDD (aOR 3.25, 95%CI 1.35-8.12). Therefore, fearful attachment style should be given enough attention in the whole process of the diagnosis and treatment of HSDD and should be one of the focuses that guide sexual education.

Keywords: attachment style, hypoactive sexual desire disorder, attitude to health, sexual desire, sexual distress

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Authors: Shaoyi Lu

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Background: Traditional Chinese medicine has been used to treat stroke, which is a major cause of morbidity and mortality. There is, however, no clear agreement about the optimal timing, population, efficacy, and predictive prognosis factors of traditional Chinese medicine supplemental therapy. Method: In this study, we used a retrospective analysis with data collection from stroke patients in Stroke Registry In Chang Gung Healthcare System (SRICHS). Stroke patients who received traditional Chinese medicine consultation in neurology ward of Keelung Chang Gung Memorial Hospital from Jan 2010 to Dec 2014 were enrolled. Clinical profiles including the neurologic deficit, activities of daily living and other basic characteristics were analyzed. Through propensity score matching, we compared the NIHSS and Barthel index before and after the hospitalization, and applied with subgroup analysis, and adjusted by multivariate regression method. Results: Totally 115 stroke patients were enrolled with experiment group in 23 and control group in 92. The most important factor for prognosis prediction were the scores of National Institutes of Health Stroke Scale and Barthel index right before the hospitalization. Traditional Chinese medicine intervention had no statistically significant influence on the neurological deficit of acute stroke patients, and mild negative influence on daily activity performance of acute hemorrhagic stroke patient. Conclusion: Efficacy of traditional Chinese medicine as a supplemental therapy for acute stroke patients was controversial. The reason for this phenomenon might be complex and require more research to comprehend. Key words: traditional Chinese medicine, acupuncture, Stroke, NIH stroke scale, Barthel index, predictive factor. Method: In this study, we used a retrospective analysis with data collection from stroke patients in Stroke Registry In Chang Gung Healthcare System (SRICHS). Stroke patients who received traditional Chinese medicine consultation in neurology ward of Keelung Chang Gung Memorial Hospital from Jan 2010 to Dec 2014 were enrolled. Clinical profiles including the neurologic deficit, activities of daily living and other basic characteristics were analyzed. Through propensity score matching, we compared the NIHSS and Barthel index before and after the hospitalization, and applied with subgroup analysis, and adjusted by multivariate regression method. Results: Totally 115 stroke patients were enrolled with experiment group in 23 and control group in 92. The most important factor for prognosis prediction were the scores of National Institutes of Health Stroke Scale and Barthel index right before the hospitalization. Traditional Chinese medicine intervention had no statistically significant influence on the neurological deficit of acute stroke patients, and mild negative influence on daily activity performance of acute hemorrhagic stroke patient. Conclusion: Efficacy of traditional Chinese medicine as a supplemental therapy for acute stroke patients was controversial. The reason for this phenomenon might be complex and require more research to comprehend.

Keywords: traditional Chinese medicine, complementary and alternative medicine, stroke, acupuncture

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Authors: Irina A. Martynenko, Viktoriia V. Pikalova

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At the moment, there are more than a thousand law schools in Russia. The program of preparation in each of them without exception includes English language course. It is believed that lawyers in Russia are best trained at the MGIMO University, the All-Russian State University of Justice, Kutafin Moscow State Law University, Peoples’ Friendship University of Russia, Lomonosov Moscow State University, St. Petersburg State University, Diplomatic Academy of Russian Foreign Ministry and some others. Currently, the overwhelming majority of universities operate using the two-level system of education: bachelor's plus master's degree. Foreign languages are taught at both levels. The main example of consideration used throughout this paper is Kutafin Moscow State Law University being one of the best law schools in the country. The article examines traditions of teaching legal English in Russia and highlights problem arising in this process. The authors suggest ways of solving them in the scope of modern views and practice of teaching English for specific purposes.

Keywords: Kutafin Moscow State Law University, legal English, Russia, teaching

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Authors: Rana Alkhamra

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Background: Child's earliest experiences with books and stories during the first years of his life are strongly linked with the development of his early language and literacy skills. Interacting in routine learning activities, such as shared book reading, storytelling, and teaching about the letters of the alphabet make a critical foundation for early learning, language growth and emergent literacy. Aim: The current study explores family and preschool early interactive literacy practices in families and preschools (nursery and kindergarten) in Jordan. It highlights the importance of early interactive literacy activities on child language and literacy growth and development. Methods: This is a cross sectional study that surveyed 243 Jordanian families. The survey investigated literacy routine practices, largely shared books reading, at home and at preschool; child speech and language development; and family demographics. Results: Around 92.5% of the families read books and stories to their children, as frequently as 1-2 times weekly or monthly (75%). Only 19.6% read books on daily basis. Many families reported preferring story-telling (97%). Despite that families acknowledged the importance of early literacy activities, on language, reading and writing, cognitive, and academic development, 45% asked for education and training pertaining to specific ways and ideas to help their young children develop language and literacy skills. About 69% of the families reported reading books and stories to their children for 15 minutes a day, while 71.2% indicated having their children watch television for 3 to > 6 hours a day. At preschool, only 52.8% of the teachers were reported to read books and stories. Factors like parent education, monthly income, living inside (33.6%) or outside (66.4%) the capital city of Amman significantly (p < 0.05) affected child early literacy interactive activities whether at home or at preschool. Conclusion: Early language and literacy skills depend largely on the opportunities and experiences provided to children in the home and in preschool environment. Family literacy programs can play an important role in bridging the gap in early literacy experiences for families that need help. Also, speech therapists can work in collaboration with families and educators to ensure that young children have high quality and sufficient opportunities to participate in early literacy activities both at home and in preschool environments.

Keywords: literacy, interactive activities, language, practices, family, preschool, Jordan

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Authors: Ankita Shanker, Angus Nurse

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The notion of animal rights is an emerging trend in various spaces, including judicial and societal discourse. But one of the key purposes of recognizing the fundamental rights of anyone is their de-objectification. Animals are a prime example of a group that has rights that are neither recognized nor protected in any meaningful way, and anything that purports differently fails to ameliorate this because it still objectifies animals. Animals are currently treated by law and society as commodities with primarily (though not exclusively) instrumental value to some other rights-holder, such as humans or nature. So most protections that are afforded to them are done so in furtherance of the interests that they allegedly further, be it social morality or environmental protection. Animal rights are thus often seen as an application or extension of the rights of humans or, more commonly, the rights of nature. What this means is that animal rights are not always protected or even recognized in their own regard, but as stemming from some other reason, or worse, instrumentally as means to some other ends. This has two identifiable effects from a legal perspective: animal rights are not seen as inherently justified and are not seen as inherently valuable. Which in turn means that there can be no fundamental protection of animal rights. In other words, judicial protection does not always entail protection of animal ‘rights’ qua animal rights, which is needed for any meaningful protections to be afforded to animals. But the effects of this legal paradigm do not end at the legal status of animals. Because this status, in turn, affects how persons and the societies of which they form part see animals as a part of the rights of others, such as humans or nature, or as valuable only insofar as they further these rights, as opposed to as individuals with inherent worth and value deserving of protection regardless of their instrumental usefulness to these other objectives. This does nothing to truly de-objectify animals. Because even though most people would agree that animals are not objects, they continue to treat them as such wherever it serves them. For individuals and society to resolve, this inconsistency between stance and actions is for them to believe that animals are more than objects on a psychological and societal level. In this paper, we examine the implications of this perception of animals and their rights on the legal protections afforded to them and on the minds of individuals and civil society. We also argue that a change in the legal and societal status of animals can be brought about only through judicial, psychological, and sociological acknowledgment that animals have inherent value and deserve protection on this basis. Animal rights derived in such a way would not need to place reliance on other justifications and would not be subject to subjugation to other rights should a conflict arise.

Keywords: animal rights law, animal protection laws, psycho-socio-legal studies, animal rights, human rights, rights of nature

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Authors: Jianwei Qian, Rob Law

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With the expansion of globalization and the increment of market competition, the festival, especially the traditional one, has demonstrated its vitality under the new context. As a new tourist attraction, festivals play a critically important role in promoting the tourism economy, because the organization of a festival can engage more tourists, generate more revenues and win a wider media concern. However, in the current stage of China, traditional festivals as a way to disseminate national culture are undergoing the challenge of foreign festivals and the related culture. Different from those special events created solely for developing economy, traditional festivals have their own culture and connotation. Therefore, it is necessary to conduct a study on not only protecting the tradition, but promoting its development as well. This study conducts a comparative study of the development of China’s Valentine’s Day and Western Valentine’s Day under the Chinese context and centers on newspaper reports in China from 2000 to 2016. Based on the literature, two main research focuses can be established: one is concerned about the festival’s impact and the other is about tourists’ motivation to engage in a festival. Newspaper reports serve as the research discourse and can help cover the two focal points. With the assistance of content mining techniques, semantic networks for both Days are constructed separately to help depict the status quo of these two festivals in China. Based on the networks, two models are established to show the key component system of traditional festivals in the hope of perfecting the positive role festival tourism plays in the promotion of economy and culture. According to the semantic networks, newspaper reports on both festivals have similarities and differences. The difference is mainly reflected in its cultural connotation, because westerners and Chinese may show their love in different ways. Nevertheless, they share more common points in terms of economy, tourism, and society. They also have a similar living environment and stakeholders. Thus, they can be promoted together to revitalize some traditions in China. Three strategies are proposed to realize the aforementioned aim. Firstly, localize international festivals to suit the Chinese context to make it function better. Secondly, facilitate the internationalization process of traditional Chinese festivals to receive more recognition worldwide. Finally, allow traditional festivals to compete with foreign ones to help them learn from each other and elucidate the development of other festivals. It is believed that if all these can be realized, not only the traditional Chinese festivals can obtain a more promising future, but foreign ones are the same as well. Accordingly, the paper can contribute to the theoretical construction of festival images by the presentation of the semantic network. Meanwhile, the identified features and issues of festivals from two different cultures can enlighten the organization and marketing of festivals as a vital tourism activity. In the long run, the study can enhance the festival as a key attraction to keep the sustainable development of both the economy and the society.

Keywords: Chinese context, comparative study, festival tourism, semantic network analysis, valentine’s day

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Authors: Miju Choi, Ava Seo

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Japan has been positioned as a major inbound market to Korea, accounting for about 31% of total inbound visitors until 2012. The percentage has sharply dropped each year since and remained in second place, reaching 13.33% in 2016. Meanwhile, China has been boosted as a major inbound market, reaching 46.79% in 2016. Chinese tourists mainly visit Korea with the major purpose of shopping. They consume Korean cosmetic/beauty products and clothes while Japanese tourists prefer to purchase healthy food such as ginseng and seaweed. This study aims to investigate and compare tourist shopping patterns across two major inbound markets, China and Japan. A quantitative approach using survey was applied from 2009 to 2016. Findings suggest Chinese visit Korea due to quality of product, value for money, and accessibility, and trust. Meanwhile, Japanese choose Korea as a shopping destination mainly due to convenience, affordability, and tourist attractions. Also, there were significant differences in shopping venues. For example, Japanese tourists prefer shopping at department stores while Chinese tourists prefer retail outlets and local markets. This study contributes to deeper understanding on two major inbound markets to Korea and suggests future marketing strategies.

Keywords: tourist shopping patterns, Korea, China, Japan, historical data

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Authors: N. Maksimentseva

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The issue of public administration in subsoil use, renewal and protection is of high importance for Ukraine since it is strongly linked to energy security of the state as well as it shall facilitate the people of Ukraine to efficiently implement its propitiatory rights towards natural resources and redistribution of national wealth. As it is stipulated in the Article 11 of the Subsoil Code of Ukraine (the Code) the authorities that administer the industry are limited to central executive bodies and local governments. In particular, it is stipulated in the Code that the Ukraine’s Cabinet of Ministers carries out public administration in geological exploration, production and protection of subsoil. Other state bodies of public administration include central public authority responsible for state environmental protection policies; central public authority in charge of implementation of state geological exploration and efficient subsoil use policies; central authority in charge of state health and safety control policies. There are also public authorities in the Autonomous Republic of Crimea; local executive bodies and other state authorities and local self-government authorities in compliance with laws of Ukraine. This article is devoted to the analysis of the legal relations in the area of public administration of subsoil use, renewal and protection in Ukraine. The main approaches to study the essence of legal relations in the named area as well as its tasks, functions and methods are analyzed. It is concluded in this article that legal relationship in the field of public administration of subsoil use, renewal and protection is characterized by specifics of its task (development of natural resources).

Keywords: legal relations, public administration, subsoil code of Ukraine, subsoil use, renewal and protection

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Authors: Amy Gooden

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When human genomic data is considered, this is often done through only one dimension of the law, or the interplay between the various dimensions is not considered, thus providing an incomplete picture of the legal framework. This research considers and analyzes the various dimensions in South African law applicable to genomic sequence data – including property rights, personality rights, and intellectual property rights. The effective use of personal genomic sequence data requires the acknowledgement and harmonization of the rights applicable to such data.

Keywords: artificial intelligence, data, law, genomics, rights

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Authors: Celina Nowak

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The development of information and communication technologies (ICT) and a consequent growth of cyberspace have become a reality of modern societies. The newest addition to this complex structure has been Internet of Things which is due to the appearance of smart devices. IoT creates a new dimension of the network, as the communication is no longer the domain of just humans, but has also become possible between devices themselves. The possibility of communication between devices, devoid of human intervention and real-time supervision, generated new societal and legal challenges. Some of them may and certainly will eventually be connected to criminal law. Legislators both on national and international level have been struggling to cope with this technologically evolving environment in order to address new threats created by the ICT. There are legal instruments on cybercrime, however imperfect and not of universal scope, sometimes referring to specific types of prohibited behaviors undertaken by criminals, such as money laundering, sex offences. However, the criminal law seems largely not prepared to the challenges which may arise because of the development of IoT. This is largely due to the fact that criminal law, both on national and international level, is still based on the concept of perpetration of an offence by a human being. This is a traditional approach, historically and factually justified. Over time, some legal systems have developed or accepted the possibility of commission of an offence by a corporation, a legal person. This is in fact a legal fiction, as a legal person cannot commit an offence as such, it needs humans to actually behave in a certain way on its behalf. Yet, the legislators have come to understand that corporations have their own interests and may benefit from crime – and therefore need to be penalized. This realization however has not been welcome by all states and still give rise to doubts of ontological and theoretical nature in many legal systems. For this reason, in many legislations the liability of legal persons for commission of an offence has not been recognized as criminal responsibility. With the technological progress and the growing use of IoT the discussions referring to criminal responsibility of corporations seem rather inadequate. The world is now facing new challenges and new threats related to the ‘smart’ things. They will have to be eventually addressed by legislators if they want to, as they should, to keep up with the pace of technological and societal evolution. This will however require a reevaluation and possibly restructuring of the most fundamental notions of modern criminal law, such as perpetration, guilt, participation in crime. It remains unclear at this point what norms and legal concepts will be and may be established. The main goal of the research is to point out to the challenges ahead of the national and international legislators in the said context and to attempt to formulate some indications as to the directions of changes, having in mind serious threats related to privacy and security related to the use of IoT.

Keywords: criminal law, internet of things, privacy, security threats

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Authors: Ding He, Ping Hu

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This article presents a “networking approach” as an alternative to the “layering model” in the issue of the historic urban landscape [HUL], based on research conducted in the historic city of Jingdezhen, the center of the porcelain industry in China. This study points out that the existing HUL concept, which can be traced back to the fundamental conceptual divisions set forth by western science, tends to analyze the various elements of urban heritage (composed of hybrid natural-cultural elements) by layers and ignore the nuanced connections and interweaving structure of various elements. Instead, the networking analysis approach can respond to the challenges of complex heritage networks and to the difficulties that are often faced when modern schemes of looking and thinking of landscape in the Eurocentric heritage model encounters local knowledge of Chinese settlement. The fieldwork in this paper examines the local language regarding place names and everyday uses of urban spaces, thereby highlighting heritage systems grounded in local life and indigenous knowledge. In the context of Chinese “Fengshui”, this paper demonstrates the local knowledge of nature and local intelligence of settlement location and design. This paper suggests that industrial elements (kilns, molding rooms, piers, etc.) and spiritual elements (temples for ceramic saints or water gods) are located in their intimate natural networks. Furthermore, the functional, spiritual, and natural elements are perceived as a whole and evolve as an interactive system. This paper proposes a local and cognitive approach in heritage, which was initially developed in European Landscape Convention and historic landscape characterization projects, and yet seeks a more tentative and nuanced model based on urban ethnography in a Chinese city.

Keywords: Chinese city, historic urban landscape, heritage conservation, network

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Authors: Iman Shabanzadeh

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The economic growth and the special model of development in China have caused sensitivity in the public opinion of the world regarding the nature of this growth and development. In this regard, the Chinese have tried to put an end to such alarming procedures by using all the tools at their disposal and seek to present a peaceful and cooperative image of themselves. In this way, one of the most important diplomatic tools that Beijing has used to reduce the concerns caused by the Threat Theory has been the use of soft power resources and its tools in its development policies. This article begins by analyzing the concept of soft power and examining its foundations in international relations, and continues to examine the components of soft power in its Chinese version. The main purpose of the article is to figure out about the position of West Asia in China's soft power strategy and resources China use to achieve its goals in this region. In response to the main question, the paper's hypothesis is that soft power in its Chinese version had significant differences from Joseph Nye's original idea. In fact, the Chinese have imported the American version of soft power and adjusted, strengthened and, in other words, internalized it with their abilities, capacities and political philosophy. Based on this, China's software presence in West Asia can be traced in three areas. The first source of China's soft power in this region of West Asia is cultural in nature and is realized through strategies such as "use of educational tools and methods", "media methods" and "tourism industry". The second source is related to political soft power, which is applied through the policy of "balance of influence" and the policy of "mediation" and relying on the "ideological foundations of Confucianism". The third source also refers to China's economic soft power and is realized through three tools: "energy exchanges", "foreign investments" and "Belt-Road initiative". The research method of this article is descriptive-analytical.

Keywords: soft power, cooperative power, china, west asia

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Authors: Yuqiao Zhou

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The Sapir-Whorf hypothesis (SWH) emphasizes the effect produced by language on people’s minds. According to linguistic relativity, language has evolved over the course of human life on earth, and, in turn, the acquisition of language shapes learners’ thoughts. Despite much attention drawn by SWH, few scholars have attempted to analyse people’s thoughts via their literary works. And yet, the linguistic choices that create a narrative can enable us to examine its writer’s thoughts. Still, less work has been done on the impact of language on the minds of bilingual people. Internationalization has resulted in an increasing number of bilingual and multilingual individuals. In China, where more than one hundred languages are used for communication, most people are bilingual in Mandarin Chinese (the official language of China) and their own dialect. Taking as its corpus the ethnic minority myth of Ge Sa-er Wang by Alai and its English translation by Goldblatt and Lin, this paper aims to analyse the effects of culture on bilingual people’s minds. It will first analyse Alai’s thoughts on using the original version of Ge Sa-er Wang; next, it will examine the thoughts of the two translators by looking at translation choices made in the English version; finally, it will compare the cultural influences evident in the thoughts of Alai, and Goldblatt and Lin. Whereas Alai can speak two Sino-Tibetan languages – Mandarin Chinese and Tibetan – Goldblatt and Lin can speak two languages from different families – Mandarin Chinese (a Sino-Tibetan language) and English (an Indo-European language). The results reveal two systems of thought existing in the translators’ minds; Alai’s text, on the other hand, does not reveal a significant influence from North China, where Mandarin Chinese originated. The findings reveal the inconsistency of a second language’s influence on people’s minds. Notably, they suggest that the more different the two languages are, the greater the influence produced by the second language culture on people’s thoughts. It is hoped that this research will expand the scope of SWH as well as shed light on future translation studies on ethnic minority literature.

Keywords: Sapir-Whorf hypothesis, cultural translation, cultural-specific items, Ge Sa-er Wang, ethnic minority literature, Tibet

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Authors: Aida Raissi, Holly Wong, Elma Raissi

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Background: Connection is a primal need established during infancy and reiterated in many forms of social interaction. When we make connections with others we experience growth, continuity, and gain an understanding of the other’s sense of the world. Feeling socially connected to another individual or community has been shown to increase self-esteem, happiness, and meaning. However, feeling connected to another individual or a specific community may also decrease the motivation to seek connection with more distant individuals or communities. Furthermore, we allow ourselves to interact with those in other communities as apart from us, and in some cases, to dehumanize their existence. Objective: The aim of this project is to bridge the gap between different communities, specifically religious communities and foster feelings of connection as one with all members through the medium of art, specifically photography. Method: Members of all major faiths including Agnosticism, Atheism, Buddhism, Catholicism, Christianity, Ismaili, Jewish, Ja’far Shia, Sunni will be interviewed. Participants will be asked to partake in a brief interview of two parts: A. Answering two questions: 1. What are you most looking forward to in the future, and why? 2. What does religion mean to you? B. Having their picture taken. Our questions aim to elicit individual stories that together, show that we have more in common, than differences, despite our faiths. With the completion of the interviews, the responses will be compiled together and major themes will be identified. Impact: The resulting stories and corresponding individual pictures provide an excellent opportunity to encourage and inspire people to get to know those of other beliefs and values, participate in each other’s communities and develop a sense of oneness within our shared humanity. Knowledge translation: The personal stories, and the common themes they illustrate, will be shared with various audiences, including the general public, academia and targeted groups such as students. This will be done through displaying the photographs and responses at art galleries, conferences, in print and online.

Keywords: social justice, religion, connection, understanding, community

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Authors: Meshandren Naidoo

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An artificial intelligence (AI) system named DABUS 2021 made headlines when it became the very first AI system to be listed in a patent which was then granted by the South African patent office. This grant raised much criticism. The question that this research intends to answer is (1) whether, in South African patent law, an AI can be an inventor. This research finds that despite South African law not recognizing an AI as a legal person and despite the legislation not explicitly allowing AI to be inventors, a legal interpretative exercise would allow AI inventorship.

Keywords: artificial intelligence, creativity, innovation, law

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Authors: Fuling Deng

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Today’s children are frequently exposed to multimodal texts that adopt diverse modes to communicate myriad meanings within different cultural contexts. To respond to the new textual landscape, scholars have considered new literacy theories which propose picturebooks as important educational resources. Picturebooks are multimodal, with their meaning conveyed through the synchronisation of multiple modes, including linguistic, visual, spatial, and gestural acting as access to multimodal literacy. Picturebooks have been popular reading materials in primary educational settings in China. However, often viewed as “easy” texts directed at the youngest readers, picturebooks remain on the margins of Chinese upper primary classrooms, where they are predominantly used for linguistic tasks, with little value placed on their multimodal affordances. Practices with picturebooks in the upper grades in Chinese primary schools also encounter many challenges associated with the curation of texts for use, designing curriculum, and assessment. To respond to these issues, a qualitative study was conducted with a community of Chinese primary teachers using multi-methods such as interviews, focus groups, and documents. The findings showed the impact of the teachers’ increased awareness of picturebooks' multimodal affordances on their pedagogical decisions in using picturebooks as educational resources in upper primary classrooms.

Keywords: picturebook education, multimodal literacy, teachers' response to contemporary picturebooks, community of practice

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Authors: Patricia Portugal Marques de Carvalho Lourenço

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Mental Health, mental illnesses, and suicide are old topics made young. While broadly addressed on a global scale to various extents and degrees, mental health, mental disorders, and suicide remain to a large extent a, taboo in a number of societies such as the Chinese. The country’s report on mental health was scrutinized for an in-depth understanding of the prevalence of mental disorders domestically, emphasizing depression, which is more accentuated in rural settings than urban, affecting a significant number of students, retired individuals and that unemployed country-wise. Depression in China is linked to anxiety in younger years, both decreasing as the population grows in age. Mental health, mental disorders and suicide remain for the most part, “forgotten”, despite statistically significant and the media’s yet small efforts in educating the population about the terms i.e. through online/television dramas that approach the topics, trying to demystify them. Whereas crucial to openly address mental health, mental disorders, and suicide, the issues remain an ongoing challenge in China, where series draw light into a reality the media and the population do not broadly converse about. The media in general and the entertainment media, in particular, have a vital role in helping China acknowledge mental health, mental disorders and suicide, albeit having a long way to go in assisting the Chinese population in dealing with the health of their inner minds.

Keywords: mental health, mental disorders, suicide, media, China, Chinese entertainment

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Authors: Á. L. Bendes

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By the end of the second decade of the 21st century, artificial intelligence (AI) has become an unavoidable part of everyday life and has necessarily aroused the interest of researchers in almost every field of science. This is no different in the case of jurisprudence, whose main task is not only to create its own theoretical paradigm related to AI. Perhaps the biggest impact on digital crime is artificial intelligence. In addition, the need to create legal frameworks suitable for the future application of the law has a similar importance. The prognosis according to which AI can reshape the practical application of law and, ultimately, the entire legal life is also of considerable importance. In the past, criminal law was basically created to sanction the criminal acts of a person, so the application of its concepts with original content to AI-related violations is not expected to be sufficient in the future. Taking this into account, it is necessary to rethink the basic elements of criminal law, such as the act and factuality, but also, in connection with criminality barriers and criminal sanctions, several new aspects have appeared that challenge both the criminal law researcher and the legislator. It is recommended to continuously monitor technological changes in the field of criminal law as well since it will be timely to re-create both the legal and scientific frameworks to correctly assess the events related to them, which may require a criminal law response. Artificial intelligence has completely reformed the world of digital crime. New crimes have appeared, which the legal systems of many countries do not or do not adequately regulate. It is considered important to investigate and sanction these digital crimes. The primary goal is prevention, for which we need a comprehensive picture of the intertwining of artificial intelligence and digital crimes. The goal is to explore these problems, present them, and create comprehensive proposals that support legal certainty.

Keywords: artificial intelligence, chat forums, defamation, international criminal cooperation, social networking, virtual sites

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Authors: L. M. Hayyan ul Haq, Lalu Sabardi

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This research is aimed at exploring an appropriate regulatory model in coherencing a diametrical interest between the state, Adat legal community, and private interests in utilising and optimizing land in Indonesia. This work is also highly relevant to coherencing the obligation of the state to respect, to fulfill and to protect the fundamental rights of people, especially to protect the communal or adat community rights to the land. In visualizing those ideas, this research will use the normative legal research to elaborate the normative problem in land use, as well as redesigning and creating an appropriate regulatory model in bridging and protecting all interest parties, especially, the state, Adat legal community, and private parties. In addition, it will also employ an empirical legal research for identifying some operational problems in protecting and optimising the land. In detail, this research will not only identify the problems at the normative level, such as conflicted norms, the absence of the norms, and the unclear norm in land law, but also the problems at operational level, such as institutional relationship in managing the land use. At the end, this work offers an appropriate regulatory model at the systems level, which covers value and norms in land use, as well as the appropriate mechanism in managing the utilization of the land for the state, Adat legal community, and private sector. By manifesting this objective, the government will not only fulfill its obligation to regulate the land for people and private, but also to protect the fundamental rights of people, as mandated by the Indonesian 1945 Constitution.

Keywords: adat community rights, fundamental rights, investment, land law, private sector

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Authors: Rana Nasiri, Hamid Vahidkia

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Recently, most courts in democratic nations were hesitant to consider foreign and international law. Their approach was to steer clear of using foreign sources of law that conflicted with their own government's stance. Numerous legal experts consider turning to foreign and international law unsuitable. However, those who advocate for using external sources of law also believe that relying on foreign and international law will always be in conflict with the importance of national sovereignty. Therefore, the academic discussion revolves around the commonly known broader debate on ‘the counter-majoritarian difficulty’. This article challenges the idea of tension. It suggests that in many democratic nations' legal systems, including those in the U.S., using foreign and international law can help strengthen domestic democratic processes by protecting them from outside economic, political, and legal influences. Citing international law supports domestic democratic processes and regains national sovereignty from various globalization forces. In other words, national courts must consider foreign and international law to uphold their national political institutions and protect their own status in relation to political branches.

Keywords: international law, social science, US, democracy, politics

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