Search results for: judicial discourse

Authors: Mi Sun Park

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Biotechnology provides us with technological solutions to resource-based challenges facing the global society. A bioeconomy or bio-based economy emerged as all economic activities derived from biotechnology. This paper aims to understand discourses on bioeconomy in the sector of agriculture with three dimensions; media discourse, science discourse, and policy discourse. For achieving research goals, content analysis was applied to this research. Media articles, academic journal articles and policy documents published from 2000 to 2016 were collected in South Korea. The text was coded and analyzed with the categories of speakers and their arguments. The research findings indicate that powerful actors and key messages of bioeconomy in South Korean agriculture. Differences and similarities among media, science, and policy were examined. Therefore this case study can contribute to understanding dynamic interaction and interfaces of media, science and policy discourse on biotechnology in the sector of agriculture.

Keywords: media, discourse, bioeconomy, agriculture

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Authors: Gameel Abdelmageed

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Arabs have a rhetorical heritage which has greatly contributed to the monitoring and analyzing of the rhetoric of the Holy Quran, Hadith, and Arabic texts on poetry and oratory. But Arab scholars - as far as the researcher knows – have not contributed to monitoring and analyzing the rhetoric of digital Arabic discourse although it has prominence, particularly in social media and has strong effectiveness in the political and social life of Arab society. This discourse has made its impact by using very new rhetorical techniques in language, voice, image, painting and video clips which are known as “Multimedia” and belong to “Digital Rhetoric”. This study suggests that it is time to draw the attention of Arab scholars and invite them to monitor and analyze the rhetoric of digital Arabic discourse.

Keywords: digital discourse, digital rhetoric, Facebook, social media

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Authors: Dong-Joong Kim, Sangho Choi, Woong Lim

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This paper discusses Sfard’s commognitive approach and provides an empirical study as an example to illustrate the theory as method. Traditionally, research in mathematics education focused on the acquisition of mathematical knowledge and the didactic process of knowledge transfer. Through attending to a distinctive form of language in mathematics, as well as mathematics as a discursive subject, alternative views of making meaning in mathematics have emerged; these views are therefore “critical,” as in critical discourse analysis. The commognitive discourse analysis method has the potential to bring more clarity to our understanding of students’ mathematical thinking and the process through which students are socialized into school mathematics.

Keywords: commognitive framework, discourse analysis, mathematical discourse, mathematics education

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Authors: Awatef Boubakri, Khaled Jebahi

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Using Text World Theory (TWT), we attempted to understand how mental representations (text worlds) and perceptions can be construed by readers of Quranic texts. To this end, Surah Al-Kahf was purposefully selected given the fact that while each of its stories is narrated, different levels of discourse intervene, which might result in a confused reader who might find it hard to keep track of which discourse he or she is processing. This surah was studied using specifically-designed text-world diagrams. The findings suggest that TWT can be used to help solve problems of ambiguity at the level of discourse in Quranic texts and to help construct a thinking reader whose cognitive constructs (text worlds / mental representations) are built through reflecting on the various and often changing components of discourse world, text world, and sub-worlds.

Keywords: Al-Kahf, Surah, cognitive, processing, discourse

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Authors: Solopova Olga

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The present paper briefly recalls theoretical preconditions for investigating cognitive-discursive models of future in political discourse. The author reviews theories and methods used for strengthening a future focus in this discourse working out two main tools – a model of future and a metaphorical scenario. The paper examines the implications of metaphorical analogies for modeling future in mass media. It argues that metaphor is not merely a rhetorical ornament in the political discourse of media regulation but a conceptual model that legislates and regulates our understanding of future.

Keywords: cognitive approach, future research, political discourse, model, scenario, metaphor

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Authors: Caroline Foulquier-Expert

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In many states around the world, actions to improve judicial ethics are developing significantly through the production of professional standards for judges. The quest to improve the ethics of judges is legitimate. However, as this development tends to be very important at the moment, some risks it presents must be highlighted. Indeed, if the objective of improving Judges’ Ethics is legitimate, it can also lead to banalization of justice, reinforcement of criticism against the judiciary and to broach incidentally the question of the limits of judgment, which is most perilous for the independence of the judiciary. This research, based on case studies, interviews with judges and an analysis of the literature on this topic (mainly from the United States of America and European Union Member States), tends to draw attention to the fact that the result of the development of these professional standards is that the ethical requirements of judges become ethical requirements of justice, which is an undesirable effect of which we must be aware, in order to prevent it.

Keywords: judicial ethics, codes of conduct, independence, limits of judgment

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Authors: Abraham Motlhabane

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In most practical-related science lessons, the focus is on completing the experimental procedure as directed by the teacher. However, the scientific discourse among learners themselves and teacher–learner discourse about scientific processes, scientific inquiry and the nature of science should play an important role in the teaching and learning of science. This means the incorporation of inquiry-based activities aimed at sparking debates about scientific concepts. This article analyses a science lesson presented by a teacher to his colleagues acting as learners. Six lessons were presented and transcribed. One of the lessons has been used for this study as the basis for the events as they unfolded during the lesson. Data was obtained through direct observations and the use of a predetermined observation schedule. Field notes were compiled during teacher preparations and the presentation of the lessons.

Keywords: discourse, inquiry, practical work, science, scientific

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Authors: Sunayana Basu Mallik, Shishira Prakash

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The inclusion of Rights of Author (Moral and Personal Rights) resonate the century long battle of rights of authors, composers, performers across developed and developing countries (whether following civil law or common law systems). But, the juxtaposition of author’s special, moral, personal rights within the legislative framework of Copyright statutes (Indian Copyright Act, 1957, applicable statutes) underscores the foundational role of the right which goes to the root of the constitutional structure of India and philosophies of political and literary leaders like Mahatma Gandhi and Gurudeb Rabindranath Tagore. In the pre-independence era when the concept of moral rights was unknown to both England and India’s statutory laws, the strategic deployment method of Gandhi, his ideologies and thoughts scripted the concept of moral rights for authors/composers. The preservation of Rabindric Style (Characteristic Tagore’s vocal renditions) by Vishwabharati University (successor in interest for Tagore’s literary and musical compositions) prior to the Copyright Amendment of 1999 recognizing Author’s Special Rights in line with 6bis of Berne Convention invigorates the fact that the right existed intrinsically prior to the legislative amendment. The paper would in addition to the academic probe carry out an empirical enquiry of the institution’s (Navjivan Trust and Vishwa Bharati University’s) reasoning on the same. The judicial discourse and transforming constitutional ideals between 1950s till date in India alludes Moral Rights to be an essential legal right which have been reasoned by Indian Courts based on the underlying philosophies in culture, customs, religion wherein composers and literary figures have played key roles in enlightening and encouraging the members of society through their literary, musical and artistic work during pre-independence renaissance of India. The discourses have been influenced by the philosophies reflected in the preamble of the Indian constitution, ‘socialist, secular, democratic republic’ and laws of other civil law countries. Lastly, the paper would analyze the adjudication process and witness involvement in ascertaining violations of moral rights and further summarize the indigenous and country specific economic thoughts that often chisel decisions on moral rights of authors, composers, performers which sometimes intersect with author’s right of privacy and against defamation. The exclusivity contracts or other arrangements between authors, composers and publishing companies not only have an erosive effect on each thread of moral rights but irreparably dents factors that promote creativity. The paper would also be review these arrangements in view of the principles of unjust enrichment, unfair trade practices, anti-competitive behavior and breach of Section 27 (Restrain of Trade) of Indian Contract Act, 1857. The paper will thus lay down the three pillars on which author’s rights in India should namely rest, (a) political and judicial discourse evolving principles supporting moral rights of authors; (b) amendment and insertion of Section 57 of the Copyright Act, 1957; (c) overall constitutional framework supporting author’s rights.

Keywords: copyright, moral rights, performer’s rights, personal rights

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Authors: Cristina Diez

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One of the most important challenges of discourse analysis is to find the linguistic mechanisms of subjectivity. The present article aims to raise the need for an argumentative and enunciative analysis to reach the subjective tissue of language. The intention is to prove that the instructions inscribed in the own language are those that indicate how a statement is to be interpreted and that the argumentative value is implied at the semantic level. For that, the theory of argumentation from Ducrot and Anscombre will be implemented. First, a reflection on the study about subjectivity and enunciation in language will be exposed, followed by concrete proposals on the linguistic mechanisms that speakers use either consciously or unconsciously, to finally focus on those argumentative tools that political discourse uses in order to influence the audience.

Keywords: argumentation, enunciation, discourse analysis, subjectivity

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Authors: Nengi A. H. Ejiobih

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Conflict is one of the defining features of human societies. Often, the use or misuse of language in interaction is the genesis of conflict. As such, it is expected that when people use language they do so in socially determined ways and with almost predictable social effects. The objective of this paper was to examine the interest at work as manifested in language choice and collocations in conflict discourse. It also scrutinized the implications of linguistic features in conflict discourse as it concerns ideology and power relations in political discourse in Nigeria. The methodology used for this paper is an approach from Critical discourse analysis because of its multidisciplinary model of analysis, linguistic features and its implications were analysed. The datum used is a text from the Sunday Sun Newspaper in Nigeria, West Africa titled Akunyili Memo: State of the Nation. Some of the findings include; different ideologies are inherent in conflict discourse, there is the presence of power relations being produced, exercised, maintained and produced throughout the discourse and the use of pronouns in conflict discourse is valuable because it is used to initiate and maintain relationships in social context. This paper has provided evidence that, taking into consideration the nature of the social actions and the way these activities are translated into languages, the meanings people convey by their words are identified by their immediate social, political and historical conditions.

Keywords: conflicts, discourse, language, linguistic features, social context

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Authors: Maxime Vignon

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This study delves into the discourse surrounding Africatown ancestors’ will, through a rigorous discourse analysis, to reveal the intricate narratives shaping heritage and identity within this unique community. Situated near Mobile, Alabama, Africatown traces its origins to the Clotilda, the last known slave ship to bring captives from Africa to the United States. Through a meticulous examination of Africatown ancestors posthumous will, this analysis aims to uncover the spiritual linguistic nuances which will contribute to the preservation of Africatown's ancestral heritage and the construction of individual self and collective empowerment. This research will be grounded in Michel Foucault discourse. In its attempt to analyze the four core elements of discourse, this study explores the role of rituals and spiritual discourses within the will of Africatown ancestors. Additionally, it delves into the descendants’ public appearance scrutinizing the use of ancestral names and identities. Ultimately, this discourse analysis contributes to a nuanced understanding of how language and narrative from the ancestors would shape unity, a valuable insight into the complexities of identity formation and the enduring impact of the transatlantic slave trade on this resilient community.

Keywords: applied linguistics, culture, discourse analysis, identity, spirituality, transatlantic slave trade

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Authors: Muhammad Umer Toor, Syed Imran Haider, Babar Afzaal

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Brexit nudged the British executive towards overriding parliamentary sovereignty in the UK. In 2019, Prime Minister Boris Johnson sought to prorogue parliament to prevent it from debating withdrawal from the UK. In 2022, Pakistan's Prime Minister also tried to nullify the ability of parliament to vote on the constitutional mechanism of a no-confidence vote. In both cases, the apex courts intervened and restored the supremacy of Parliament, averting constitutional crises. This paper examines the legitimacy and power of said courts to intervene in sensitive political and constitutional questions. The research focuses on the administrative law area of judicial review. It examines how in UK and Pakistan practice of judicial review helps mediate constitutional deadlocks between institutions comparatively. This is secondary research employing qualitative, comparative, doctrinal, and analytical methodologies to research a specific area of law from two jurisdictions, using primary and secondary sources.

Keywords: administrative law, judicial review, law, constitutional law

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Authors: Sonia Anand Knowlton

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As the use of Artificial Intelligence is becoming increasingly integrated in virtually every area of life, the need and interest to logically formalize the law and judicial reasoning is growing tremendously. The study of argumentation frameworks (AFs) provides promise in this respect. AF’s provide a way of structuring human reasoning using a formal system of non-monotonic logic. P.M. Dung first introduced this framework and demonstrated that certain arguments must prevail and certain arguments must perish based on whether they are logically “attacked” by other arguments. Dung labelled the set of prevailing arguments as the “preferred extension” of the given argumentation framework. Trevor Bench-Capon’s Value-based Argumentation Frameworks extended Dung’s AF system by allowing arguments to derive their force from the promotion of “preferred” values. In VAF systems, the success of an attack from argument A to argument B (i.e., the triumph of argument A) requires that argument B does not promote a value that is preferred to argument A. There has been thorough discussion of the application of VAFs to the law within the computer science literature, mainly demonstrating that legal cases can be effectively mapped out using VAFs. This article analyses VAFs from a jurisprudential standpoint to provide a philosophical and theoretical analysis of what VAFs tell the legal community about the judicial reasoning, specifically distinguishing between legal and moral reasoning. It highlights the limitations of using VAFs to account for judicial moral reasoning in theory and in practice.

Keywords: nonmonotonic logic, legal formalization, computer science, artificial intelligence, morality

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Authors: Prapaipan Phingchim

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The number of women approaching menopausal age in Thailand is increasing, making menopause an important health topic. In order to understand Thai women's different ways of interpreting menopausal experiences and the way they construct meaning relating to menopause, it is necessary to include the context in which meaning is constructed as well as the background of cultural attitudes to menopause existing in the Thai society. The aim of this study was to describe different discourses on menopause in Thailand that present themselves to menopausal women through the use of language and to analyze linguistic strategies used to represent such identity. This study adopts discourse theory and a close pragmatic analysis to examine the discursive construction of menopause for Thai women. Two hundreds and fifteen pieces of text under the heading or subject of `menopause' or `becoming a middle-aged woman', published from 2010 to 2019, were included. All material was addressed to Thai women, and consisted of booklets and informational material, articles from newspapers and magazines and popular science books. Five different discourses on menopause were identified: the biomedical discourse; the health-promotion discourse; the consumer discourse; the alternative discourse; and the feminist/ critical discourse. The biomedical discourse on menopause was found to be dominant, but was expanded or challenged by other discourses by offering different scopes of action and/or resting on different fundamental values. The discourses constructed and positioned individual women differently; thus, the women's position varied noticeably from one discourse to another. There are seven major linguistic strategies used to construct those identities. That is, lexical selection, presupposition manipulation, presupposition denial, the use of implication, the use of passive construction, using the cause and effect sentence structure, and rhetoric questions.

Keywords: discourse analysis, discursive construction, menopause, Thai women

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Authors: Behnaz Zolfaghari

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In civilized societies, linguists seek to find suitable equivalents for scientific terms in the common language of their society. Many researches have conducted surveys about language of science on one hand and media discourse on the other, but the goal of this research is the comparative analysis of science discourse in Persian academic media and public discourse in the general Persian media by applying experimental meta-function as one of the four theoretical tools introduced by Holiday’s Systemic Functional Grammar .The said analysis aims to explore the processes that can convert the language in which scientific facts are published to a language well suited to the interested layman. The results of comparison show that these two discourses use differently six processes of experimental meta-function. Comparing the redundancy of different processes, the researcher tried to re-identify these differences in these two discourses and present a model for the procedures of converting science discourse to popularized discourse. This model can be useful for those journalists and textbook authors who want to restate scientific technical texts in a simple style for inexpert addresser including general people and students.

Keywords: systemic functional grammar, discourse analysis, science language, popularization, media discourse

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Authors: Serges Djoyou Kamga, Gerard Emmanuel Kamdem Kamga

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Any serious constitutionalism entails a system of government characterised by the separation of powers between the executive, the legislature, and the judiciary. The latter is generally in charge of upholding the rule of law and the respect for human rights which are vital for the functioning of any democracy. Therefore, for the judiciary to play its role as a watchdog, it should be independent from other branches of government. The aim of this paper is to examine the independence of the judiciary in South Africa after 20 of democracy. Defining judicial independence as the courts’ ability ‘to decide cases on the basis of established law and the merits of the case, without interference from other political or governmental agents’, the paper examines the extent to which the South African judiciary is independent after twenty years of democracy. As part of assessing the independence of the judiciary, the paper begins by looking at the situation during apartheid, then proceeds with an examination of the post-apartheid legal order. It also examines the institutional independence of the judiciary by looking into its day to day activities which revolve around its self-governance, or administrative and financial independence. In addition, the paper assesses the judges’ individual independence by examining whether judicial appointment, security of tenure, judges’ remuneration and disciplinary actions and the removal of judges from office do not contain loopholes that can hinder judicial independence. Ultimately, the chapter argues that although the South African model of judicial independence is yet to be perfect, it is a good practice that can be emulated by other African countries.

Keywords: judical independence, South Africa, democracy, separation of powers

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Authors: Kuralay Kenzhekanova, Akmaral Dalelbekkyzy

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The article is devoted to the problem of political discourse and its reflection on mass cognition. This article is dedicated to describe the myth as one of the main features of political discourse. The dominance of an expressional and emotional component in the myth is shown. Precedent phenomenon plays an important role in distinguishing the myth from the linguistic point of view. Precedent phenomena show the linguistic cognition, which is characterized by their fame and recognition. Four types of myths such as master myths, a foundation myth, sustaining myth, eschatological myths are observed. The myths about the national idea are characterized by national specificity. The main aim of the political discourse with the help of myths is to influence on the mass consciousness in order to motivate the addressee to certain actions so that the target purpose is reached owing to unity of forces.

Keywords: cognition, myth, linguistic consciousness, types of myths, political discourse, political myth, precedent phenomena

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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: Cory A. Bennett

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Teaching and learning through the use of discourse support students’ conceptual understanding by attending to key concepts and relationships. One discourse structure used in primary classrooms is number talks wherein students mentally calculate, discuss, and reason about the appropriateness and efficiency of their strategies. In the secondary mathematics classroom, the mathematics understudy does not often lend itself to mental calculations yet learning to reason, and articulate reasoning, is central to learning mathematics. This qualitative case study discusses how one secondary school in the Middle East adapted the number talk protocol for secondary mathematics classrooms. Several challenges in implementing ‘reasoning talks’ became apparent including shifting current discourse protocols and practices to a more student-centric model, accurately recording and probing student thinking, and specifically attending to reasoning rather than computations.

Keywords: discourse, reasoning, secondary mathematics, teacher development

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Authors: Nandita Narayan

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In most constitutional democracies, courts have been the gatekeepers of fundamental rights. The task of determining whether a violation is in fact justified, therefore, is judicial. Any state action, legislative or administrative, has to be tested by the application of two standards – first, the action must be within the scope of the authority conferred by law and, second, it must be reasonable. If any action, within the scope of the authority conferred by law is found to be unreasonable, it will be struck down as unconstitutional or ultra vires. This paper seeks to analyse the varying standards of reasonableness adopted by the Supreme Court of India where there is a violation of fundamental rights by state action. This is sought to be done by scrutinising case laws and classifying the legality of the violation under one of three levels of judicial scrutiny—strict, intermediate, or weak. The paper concludes by proving that there is an irregularity in the standards adopted, thus resulting in undue discretionary power of the judiciary which strikes at the very concept of reasonableness and ultimately becomes arbitrary in nature. This conclusion is reached by the comparison of reasonableness review of fundamental rights in other jurisdictions such as the USA and Canada.

Keywords: constitutional law, judicial review, fundamental rights, reasonableness, India

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Authors: Mariam Waheed Mekheimar

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Nascent research is conducted to the advancement of discourse analysis to include different modes as images, sound, and text. The focus of this study will be to elucidate how images are embedded with texts in an audio-visual medium as cinema to send political messages; it also seeks to broaden our understanding of politics beyond a relatively narrow conceptualization of the 'political' through studying non-traditional discourses as the cinematic discourse. The aim herein is to develop a systematic approach to film analysis to capture political meanings in films. The method adopted in this research is Multimodal Discourse Analysis (MDA) focusing on embedding visuals with texts. As today's era is the era of images and that necessitates analyzing images. Drawing on the writings of O'Halloran, Kress and Van Leuween, John Bateman and Janina Wildfeuer, different modalities will be studied to understand how those modes interact in the cinematic discourse. 'People at the top movie' is selected as an example to unravel the political meanings throughout film tackling the cinematic representation of the notion of social justice.

Keywords: Egyptian cinema, multimodal discourse analysis, people at the top, social justice

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Authors: Oscar Sang, Shadrack David Rotich

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Parliamentary immunity is grounded on the notion that parliaments need certain rights or immunities to ensure they can operate independently make fair and impartial decisions without capitulating to political pressure or intimidation. The 2013 election in Kenya marked an important milestone in the development of the law of parliamentary privilege. Such importance relates to the dramatic increase in the number of legislatures in the country from one unicameral parliament, to a bicameral national parliament and forty-seven other regional legislative assemblies. The increase in legislatures has resulted in a dramatic increase in political contestations which have led to legal wrangles. The judiciary in Kenya, once considered submissive, has been invited to arbitrate on various matters pitting individual rights and parliamentary privilege and have invalidated a number of legislative action. While judicial intervention is indeed necessary to ensure that legislatures in Kenya live true to the constitutional aspirations of the Kenyan people, certain judicial decisions have had an effect on eroding parliamentary immunity. This paper highlights a number of instances in which it could be argued that parliamentary privilege came under attack by the courts in Kenya. The paper aims to make a case that while Kenya’s progressive constitution necessitates the scope and extent of legislature’s immunities and privilege to be determined by the courts, it is important that courts exercise restraint in its review of legislative action. The paper makes the argument that unrestrained judicial action in Kenya on questions within the realm parliamentary privilege may undermine the functioning of Kenya’s legislatures. The paper explores approaches taken by a number of jurisdictions in establishing a proper balance between maintaining a viable parliamentary privilege regime in a rights-based constitutional system.

Keywords: Kenya, constitution, judicial restraint, parliamentary privilege

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Authors: Daniela Piana

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This work casts light on what lies underneath the rule of law. In order to do so it unfolds the arguments in three main steps. The first one is a pars destruens: the mainstreaming scholarship on judicial independence and judicial accountability is questioned under the large amount of data we have at our disposal (this step is accomplished in the first two paragraphs). The second step is the reframe of the concept of the rule of law and the consequent rise of a hidden dimension, which has been so far largely underexplored: responsiveness. The third step consists into offering the readers empirical support and drawing thereby consequences in terms of policy design and citizens engagement into the rule of law implementation (these two steps are accomplished in the third paragraph).

Keywords: rule of law, accountability, trust, citizens

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Authors: João Pedro Albino, Ana Cláudia Pires Ferreira de Lima

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Humanity has undergone a transformation from the physical to the virtual world, generating an enormous amount of data on the world wide web, known as big data. Many facts that occur in the physical world or in the digital world are proven through records made on the internet, such as digital photographs, posts on social media, contract acceptances by digital platforms, email, banking, and messaging applications, among others. These data recorded on the internet have been used as evidence in judicial proceedings. The identification of internet users is essential for the security of legal relationships. This research was carried out on scientific articles and materials from courses and lectures, with an analysis of Brazilian legislation and some judicial decisions on the request of static data from logs and Internet Protocols (IPs) from application and connection providers. In this article, we will address the determination of authorship of data processing on the internet by obtaining the IP address and the appropriate judicial procedure for this purpose under Brazilian law.

Keywords: IP address, digital forensics, big data, data analytics, information and communication technology

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Authors: Antonio Sepúlveda, Camila Marques, Carlos Bolonha, Igor De Lazari, Henrique Rangel

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The judicial practice faces a tension between normative discretion and institutional capacities. There are clarity graduations of the statutory text that might induce different specialization levels of the judges. A major problem stemming from that tension is a greater discretion without a proportional specialization. The normative clarity, although its absence can be overcome through specialization, avoids problems related to disproportionate discretion and judicial dissonance. When judicial interpretation deals with the lack of legal clarity, a significant juridical insecurity frame is verified. Decisional uniformity mechanisms are created in order to surpass these problems. Brazil brings great examples, such as the súmulas, the enunciados, and the súmulas vinculantes. Despite of the resistance presented to the latter, mainly based on judges’ independence, even countries of the Common Law tradition develop such mechanisms. The British Guidelines face the lack of legal clarity problem and promote a decisional consonance system.

Keywords: generalist judges, institutional capacities, normative clarity, normative discretion

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Authors: Tengku Farah Petri Tengku Mahmood, Shameem Rafik-Galea, Zalina Mohd Kasim, Norlijah Othman

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Childhood vaccination programme is mandatory in Malaysia. However, the decision to vaccinate or not vaccinate children is still left to the parents. Presently, there are parents who are opting out of vaccination claiming that it causes autism and other chronic disorders despite inconclusive evidence. There appears to be a dangerous trend among some Malaysian parents to not vaccinate their children and to not participate in the childhood vaccination programme. This study presents preliminary findings of parental discourse on childhood vaccination programme through the perspective of the Integrated Threat Theory. An in-depth interview was carried out to investigate a parent’s concern of the effects of childhood vaccination on children. A thematic discourse analysis was used to analyse the transcribed data. The emerging themes based on the analysis and their relevance to our understanding of a parent’s concerns of the effects of childhood vaccination on children are discussed.

Keywords: case study, parental discourse, thematic discourse analysis, childhood vaccination

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Authors: Ola Hafez

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This study examines the way selected Egyptian digitally mediated memes utilize intertextuality as a means of expression. It is motivated by the emerging digital socio-political humorous practice using various forms of political commentary in Egyptian social media. One of these forms involves the use of memes incorporating (often doctored) video frames taken from Egyptian plays, films and songs, and relocated in a different socio-political context, often with a caption that re-appropriates the frame for the purpose of critical commentary, thus juxtaposing the socio-political phenomena being addressed and the Egyptian artistic and cultural heritage. The paper presents a discourse study of a convenience sample of a recent social media campaign and carries out two levels of analysis. At the micro level, the study pinpoints the various modes of intertextuality employed, including verbal as well as visual intertextuality in the light of the work of social semiotics by Kress and van Leeuwen. At the macro level, the paper sheds light on the socio-political implications of such practice in the light of Political Discourse Analysis.

Keywords: digitally mediated discourse, discourse analysis, Egyptian Arabic, intertextuality, memes, multimodality, political discourse analysis

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Authors: Sohanur Rahman, Elisabeth Sinnewe, Larelle (Ellie) Chapple, Sarah Osborne

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Greater political attention to global climate change exposes firms to a higher level of political uncertainty, which can lead to adverse capital market consequences. However, a higher level of discourse on environment-specific political risk (EPR) between management and investors can mitigate information asymmetry, followed by less stock price crash risk. This study examines whether EPR discourse in discourse in the earnings conference calls (ECC) reduces firm-level stock price crash risk in the US market. This research also explores if adverse disclosures via media channels further moderates the association between EPR on crash risk. Employing a dataset of 28,933 firm-year observations from 2002 to 2020, the empirical analysis reveals that EPR discourse in ECC reduces future stock price crash risk. However, adverse disclosures via media channels can offset the favourable effect of EPR discourse on crash risk. The results are robust to the potential endogeneity concern in a quasi-natural experiment setting.

Keywords: earnings conference calls, environment, environment-specific political risk discourse, environmental disclosures, information asymmetry, reputation risk, stock price crash risk

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Authors: Daphne Fietz

Abstract:

This paper builds on a reflection on an autobiographical experience of uncanniness during fieldwork in the white Afrikaner settlement Orania in South Africa. Drawing on Kristeva’s theory of abjection to establish a theory of Whiteness which is based on boundary threats, it is argued that the uncanny experience as the emergence of the abject points to a moment of crisis of the author’s Whiteness. The emanating abject directs the author to her closeness or convergence with Orania's inhabitants, that is a reciprocity based on mutual Whiteness. The experienced confluence appeals to the author’s White complicity to racism. With recourse to Butler’s theory of subjectivation, the abject, White complicity, inhabits both the outside of a discourse on racism, and of the 'self', as 'I' establish myself in relation to discourse. In this view, the qualities of the experienced abject are linked to the abject of discourse on racism, or, in other words, its frames of intelligibility. It then becomes clear, that discourse on (overt) racism functions as a necessary counter-image through which White morality is established instead of questioned, because here, by White reasoning, the abject of complicity to racism is successfully repressed, curbed, as completely impossible in the binary construction. Hence, such discourse endangers a preservation of racism in its pre-discursive and structural forms as long as its critique does not encompass its own location and performance in discourse. Discourse on overt racism is indispensable to White ignorance as it covers underlying racism and pre-empts further critique. This understanding directs us towards a form of critique which does necessitate self-reflection, uncertainty, and vigilance, which will be referred to as a discourse of relationality. Such a discourse diverges from the presumption of a detached author as a point of reference, and instead departs from attachment, dependence, mutuality and embraces the visceral as a resource of knowledge of relationality. A discourse of relationality points to another possibility of White engagement with Whiteness and racism and further promotes a conception of responsibility, which allows for and highlights dispossession and relationality in contrast to single agency and guilt.

Keywords: abjection, discourse, relationality, the visceral, whiteness

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Authors: Omnia Elkommos

Abstract:

Language is communication on several discourse levels. The target of teaching a language and the literature of a foreign language is to communicate a message. Reading, appreciating, analysing, and interpreting poetry as a sophisticated rhetorical expression of human thoughts, emotions, and philosophical messages is more feasible through the use of linguistic pragmatic tools from a communicative discourse perspective. The poet's intention, speech act, illocutionary act, and perlocutionary goal can be better understood when communicative situational context as well as linguistic discourse structure theories are employed. The use of linguistic theories in the teaching of poetry is, therefore, intrinsic to students' comprehension, interpretation, and appreciation of poetry of the different ages. It is the purpose of this study to show how both teachers as well as students can apply these linguistic theories and tools to dramatic poetic texts for an engaging, enlightening, and effective interpretation and appreciation of the language. Theories drawn from areas of pragmatics, discourse analysis, embedded discourse level, communicative situational context, and other linguistic approaches were applied to selected poetry texts from the different centuries. Further, in a simple statistical count of the number of poems with dialogic dramatic discourse with embedded two or three levels of discourse in different anthologies outweighs the number of descriptive poems with a one level of discourse, between the poet and the reader. Poetry is thus discourse on one, two, or three levels. It is, therefore, recommended that teachers and students in the area of ESL/EFL use the linguistics theories for a better understanding of poetry as communicative discourse. The practice of applying these linguistic theories in classrooms and in research will allow them to perceive the language and its linguistic, social, and cultural aspect. Texts will become live illocutionary acts with a perlocutionary acts goal rather than mere literary texts in anthologies.

Keywords: coda, commissives, communicative situation, context of culture, context of reference, context of utterance, dialogue, directives, discourse analysis, dramatic discourse interaction, duologue, embedded discourse levels, language for communication, linguistic structures, literary texts, poetry, pragmatic theories, reader response, speech acts (macro/micro), stylistics, teaching literature, TEFL, terms of address, turn-taking

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