Search results for: Legal English

Authors: Akiko Kondo

Abstract:

Although the effects of working memory capacity on second/foreign language speaking skills have been researched in depth, few studies have focused on Japanese English as a foreign language (EFL) learners as compared to other languages (Indo-European languages), and the sample sizes of the relevant Japanese studies have been relatively small. Furthermore, comparing the effects of working memory capacity and motivation which is another kind of frequently researched individual factor on L2 speaking skills would add to the scholarly literature in the field of second language acquisition research. Therefore, the purposes of this study were to investigate whether working memory capacity and motivation have significant relationships with Japanese EFL learners’ speaking skills and to investigate the degree to which working memory capacity and motivation contribute to their English speaking skills. One-hundred and ten Japanese EFL students aged 18 to 26 years participated in this study. All of them are native Japanese speakers and have learned English as s foreign language for 6 to 15. They completed the Versant English speaking test, which has been widely used to measure non-native speakers’ English speaking skills, two types of working memory tests (the L1-based backward digit span test and the L1-based listening span test), and the language learning motivation survey. The researcher designed the working memory tests and the motivation survey. To investigate the relationship between the variables (English speaking skills, working memory capacity, and language learning motivation), a correlation analysis was conducted, which showed that L2 speaking test scores were significantly related to both working memory capacity and language learning motivation, although the correlation coefficients were weak. Furthermore, a multiple regression analysis was performed, with L2 speaking skills as the dependent variable and working memory capacity and language learning motivation as the independent variables. The results showed that working memory capacity and motivation significantly explained the variance in L2 speaking skills and that the L2 motivation had slightly larger effects on the L2 speaking skills than the working memory capacity. Although this study includes several limitations, the results could contribute to the generalization of the effects of individual differences, such as working memory and motivation on L2 learning, in the literature.

Keywords: individual differences, motivation, speaking skills, working memory

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Authors: Magdalena Madany-Saá

Abstract:

This paper compares the language management of two language policies in plurinational Ecuador: (1) mandatory English language teaching that uses Western standards of quality, and (2) indigenous educación intercultural bilingüe, which promotes ancestral knowledge and the indigenous languages of Ecuador. The data are from a comparative institutional ethnography conducted between 2018 and 2022 in English and Kichwa teacher preparation programs in an Ecuadorian teachers’ college. Specifically, the paper explores frameworks of knowledge promoted by different educational actors in both teacher education programs and the ways in which the Ecuadorian transformation towards a knowledge-based economy is intertwined with the country’s linguistic policies. Focusing on the specific role of language advocates and their discursive role in knowledge production, the paper elaborates on the notion of agency in Language Policy and Planning (LPP), referred to as epistemic agency. Specifically, the epistemic agency is conceptualized through the analysis of English language epistemic advocates who participate in empowering English language policies and endorse knowledge production in that language. By proposing an epistemic agency, this paper argues that in the context of knowledge-based societies, advocates are key in transferring the policies from the political to the epistemic realm – where decisions about what counts as legitimate knowledge are made. The study uses the decolonial option as its analytical framework for critiquing the hegemonic perpetuation of modernity and its knowledge-based models in Latin America derived from the colonial matrix of power. Through this theoretical approach, it is argued that if indigenous stakeholders are only viewed as political actors and not as knowledge producers, the hegemony of Global English will reinforce a knowledge-based society constructed upon Global North modernity. In the absence of strong epistemic advocates for indigenous language policies, powerful Global English advocates occupy such vacancies at the language management level, thus dominating the ecology of knowledge in a plurinational and plurilingual Ecuador.

Keywords: educación intercultural bilingüe, English language teaching, epistemic agency, language advocates, plurinationality

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Authors: Subramaniam Chandran, A. Geetha

Abstract:

This paper addresses three issues: how to prepare the instructional design for imparting English language skill from inter-disciplinary self-learning material; how the disadvantaged students are benefited from such kind of language skill imparted through m-learning; and how do m-learners perform better than the other learners. This paper examines these issues through an experimental study conducted among the distance learners enrolled in a preparatory program for bachelor’s degree. This program is designed for the disadvantaged learners especially for the school drop-outs to qualify to pursue graduate program through distant education. It also explains how mobile learning helps them to enhance their capacity in learning despite their rural background and other disadvantages. In India, nearly half of the students enrolled in schools do not complete their study. The pursuance of higher education is very low when compared with developed countries. This study finds a significant increase in their learning capacity and mobile learning seems to be a viable alternative where the conventional system could not reach the disadvantaged learners. Improving the English language skill is one of the reasons for such kind of performance. Exercises framed from the relevant self-learning material for enhancing English language skill not only improves language skill but also widens the subject-knowledge. This paper explains these issues out of the study conducted among the disadvantaged learners.

Keywords: English language skill, disadvantaged learners, distance education, m-learning

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Authors: Emmanuel Uba, Oluwasegun Omidiora, Eugenia Abiodun-Eniayekan

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The role of phonology on reading comprehension is long established in the literature. However, the vast majority of studies on the relationship between phonology and reading or comprehension among adults involve investigating the role of intonation, stress, and segmental knowledge on understanding texts. Not much attention is paid to junctural observation and its effect on the interpretation of texts. This study, therefore, presents a preliminary case-study investigation of the effect of juncture on comprehension of texts among adult Nigerian learners of English. Eighty adult learners of English in Nigeria were presented with fifteen seemingly ambiguous sentences to interpret. The sentences were structured in a way that pausing at different points would produce different interpretations. The results reveal that wrong application of pause is capable of affecting comprehension even when other phonological factors such as stress and intonation are observed properly.

Keywords: comprehension, juncture, phonology, reading

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Authors: Swatantra

Abstract:

Hinglish, a blended version of Hindi and English, emerged due to the lack of the competence and command of the speakers over the foreign language, i., e., English. But, amazingly, the trend has gained wide acceptance. In India, this acceptance has gone up to the extent that popular news anchors at the prime time shows are frequently using it. At the moment, instead of being considered a flaw of their presentation Hinglish is emerging as a trendy genre. Its pervasive usage and extensive acceptance is motivating youngsters to opt for the similar kind of patterns. The current study is an endeavour to assess the impact of this trend on the new language learners. With the help of semi-structured interviews, the researcher has tried to gauge the level of comfort and desire to be at par with the other fluent English speakers. The results clearly depict a substantiated boost in the confidence level of learners because they are able to use the vocabulary and sentence patterns of their own choice and convenience. The prevalence and acceptance of the trend in the main stream media have really served as a catalyst and the desire to be at par with the other fluent speakers is also fading away. The users of Hinglish find this trend to be closer to their heart as in the earlier times in the absence of exact translation they had to compromise with the meaning or spirit of the word/phrase / sentence. But now enhanced flexibility is leaving them more comfortable and confident.

Keywords: Hinglish, language learners, linguistic trends, media

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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: Zeineb Deymi-Gheriani

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In the last two decades, one can clearly observe a boom of interest for e-learning and web-supported programs. However, one can also notice that many of these programs focus on the accumulation and delivery of content generally as a business industry with no much concern for theoretical underpinnings. The existing research, at least in online English language teaching (ELT), has demonstrated a lack of an effective online teaching pedagogy anchored in a well-defined theoretical framework. Hence, this paper comes as an attempt to present constructivism as one of the theoretical bases for the design of an effective online language teaching pedagogy which is at the same time technologically intelligent and theoretically informed to help envision how education can best take advantage of the information and communication technology (ICT) tools. The present paper discusses the key principles underlying constructivism, its implications for online language teaching design, as well as its limitations that should be avoided in the e-learning instructional design. Although the paper is theoretical in nature, essentially based on an extensive literature survey on constructivism, it does have practical illustrations from an action research conducted by the author both as an e-tutor of English using Moodle online educational platform at the Virtual University of Tunis (VUT) from 2007 up to 2010 and as a face-to-face (F2F) English teaching practitioner in the Professional Certificate of English Language Teaching Training (PCELT) at AMIDEAST, Tunisia (April-May, 2013).

Keywords: active learning, constructivism, experiential learning, Piaget, Vygotsky

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Authors: Hiromi Kawai

Abstract:

This study investigates the nature of EFL older children’s L2 perceptive and productive abilities using classroom data, in order to find a pedagogical solution to the teaching of L2 sounds at an early stage of learning in a formal school setting. It is still inconclusive whether older children with only EFL formal school instruction at the initial stage of L2 learning are able to attain native-like perception and production in English within the very limited amount of exposure to the target language available. Based on the notion of the lack of study of EFL Japanese children’s acquisition of English segments, the researcher uses a model of L1 speech processing which was developed for investigating L1 English children’s speech and literacy difficulties using a psycholinguistic framework. The model is composed of input channel, output channel, and lexical representation, and examines how a child receives information from spoken or written language, remembers and stores it within the lexical representations and how the child selects and produces spoken or written words. Concerning language universality and language specificity in the language acquisitional process, the aim of finding any sound errors in L1 English children seemed to conform to the author’s intention to find abilities of English sounds in older Japanese children at the novice level of English in an EFL setting. 104 students in Grade 5 (between the ages of 10 and 11 years old) of an elementary school in Tokyo participated in this study. Four tests to measure their perceptive ability and three oral repetition tests to measure their productive ability were conducted with/without reference to lexical representation. All the test items were analyzed to calculate item facility (IF) indices, and correlational analyses and Structural Equation Modeling (SEM) were conducted to examine the relationship between the receptive ability and the productive ability. IF analysis showed that (1) the participants were better at perceiving a segment than producing a segment, (2) they had difficulty in auditory discrimination of paired consonants when one of them does not exist in the Japanese inventory, (3) they had difficulty in both perceiving and producing English vowels, and (4) their L1 loan word knowledge had an influence on their ability to perceive and produce L2 sounds. The result of the Multiple Regression Modeling showed that the two production tests could predict the participants’ auditory ability of real words in English. The result of SEM showed that the hypothesis that perceptive ability affects productive ability was supported. Based on these findings, the author discusses the possible explicit method of teaching English segments to EFL older children in a formal school setting.

Keywords: EFL older children, english segments, perception, production, speech processing system

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Authors: Amy Gooden

Abstract:

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: Ozlem Kaya

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21st-century learners are energetic and tech-savvy, and the skills and the knowledge required in this century are complex and challenging. Therefore, teachers need to find new ways to appeal to the needs and interests of their students and meet the demands of the 21st century at the same time. One way to do so in English language learning has been to incorporate various technology tools into classroom practices. Although teachers think these practices are effective and their students enjoy them, students may have different perceptions. To find out what students think about the use of technology tools in terms of developing 21st-century skills and knowledge, this study was conducted at Anadolu University School of Foreign Languages. A questionnaire was administered to 40 students at elementary level. Afterward, semi-structured interviews were held with 8 students to provide deeper insight into their perceptions. The details of the findings of the study will be presented and discussed during the presentation.

Keywords: 21st century skills, technology tools, perception, English Language Learning

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Authors: Celina Nowak

Abstract:

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: Sharon Diaz Ruiz

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The population of Latinx adult English language learners (ELLs) in the United States will increase in the next few years and become even more racially and linguistically diverse. Our classrooms reflect these demographic changes; therefore, there will always be the need to identify language teaching practices that would allow educators to meet this linguistic diversity. This qualitative study explores Latinx adult English language learners' perceptions of culturally responsive teaching strategies. Participants in this study will be enrolled in an English developmental course for the Fall of 2022. The data collection process will consist of overt observation during five presentations/activities, including culturally inclusive readings and student reflections. The teaching materials selected will align with the course module's goals and objectives. The result of this investigation will shed light on the gap in the literature documenting the application of culturally responsive pedagogy to Latino adult language learners.

Keywords: emergent bilinguals, adult learners, Latinx learners, ELL

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Authors: Lison Carlier

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The English language that is taught in school or used in media nowadays is defined as 'standard English,' although unstandardized Englishes, or 'parallel' Englishes, are practiced throughout the world. The existence of these 'parallel' Englishes has challenged standardization by imposing its own specific vocabulary or grammar. These non-standard languages tend to be regarded as inferior and, therefore, pose a problem regarding their translation. In the USA, 'slanguage', or slang, is a good example of a 'parallel' language. It consists of a particular set of vocabulary, used mostly in speech, and rarely in writing. Qualified as vulgar, often reduced to an urban language spoken by young people from lower classes, slanguage – or the language that is often first spoken between youths – is still the most common language used in the English-speaking world. Moreover, it appears that the prime meaning of 'informal' (as in an informal language) – a language that is spoken with persons the speaker knows – has been put aside and replaced in the general mind by the idea of vulgarity and non-appropriateness, when in fact informality is a sign of intimacy, not of vulgarity. When it comes to translating American slang, the main problem a translator encounters is the image and the cultural background usually associated with this 'parallel' language. Indeed, one will have, unwillingly, a predisposition to categorize a speaker of a 'parallel' language as being part of a particular group of people. The way one sees a speaker using it is paramount, and needs to be transposed into the target language. This paper will conduct an analysis of American slang – its use, perception and the image it gives of its speakers – and its translation into French, using the novel Is Everyone Hanging Out Without Me? (and other concerns) by way of example. In her autobiography/personal essay book, comedy writer, actress and author Mindy Kaling speaks with a very familiar English, including slang, which participates in the construction of her own voice and style, and enables a deeper connection with her readers.

Keywords: translation, English, slang, French

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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: 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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Authors: Subramaniam Chandran, A. Geetha

Abstract:

This paper addresses three issues: how to prepare instructional design for imparting English language skill from inter-disciplinary self-learning material; how the disadvantaged students are benefited from such kind of language skill imparted through m-learning; and how do the m-learners perform better than the other learners. This paper examines these issues through an experimental study conducted among the distance learners enrolled in preparatory program for bachelor’s degree. This program is designed for the disadvantage learners especially for the school drop-outs to qualify to pursue graduate program through distant education. It also explains how mobile learning helps them to enhance their capacity in learning despite their rural background and other disadvantages. In India nearly half of the students enrolled in schools do not complete their study. The pursuance of higher education is very low when compared with developed countries. This study finds a significant increase in their learning capacity and mobile learning seems to be a viable alternative where conventional system could not reach the disadvantaged learners. Improving the English language skill is one of the reasons for such kind of performance. Exercises framed from the relevant self-learning material for enhancing English language skill not only improves language skill but also widens the subject-knowledge. This paper explains these issues out of the study conducted among the disadvantaged learners.

Keywords: English language skill, disadvantaged learners, distance education, m-learning

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Authors: Sonia Anand Knowlton

Abstract:

In many ways, judges can express their personality within and beyond their role as a judge. Judges can use their unique backgrounds and life experiences to inform their legal reasons and can also participate in certain extrajudicial activities outside of their role on the bench. For many judges, the line between the expression of this judicial personality, on the one hand, and the consequence of jeopardizing the public’s perception of their impartiality, on the other, is ambiguous if not wholly unclear. In the famous Canadian decision R v RDS, for instance, a Black judge who was hearing a case about police violence against a Black person was accused of being biased after she acknowledged that her community’s racial dynamics may have impacted the police’s conduct. Many within the legal community might find comfort in the belief that judges do not need to bring their ‘personality’ to the bench in order to uncover the law’s truths and impartially apply it. Indeed, and for a good reason, judges are often discouraged from allowing their personality to shine through in their role as a judge – because the expression of judicial personality can compromise the public perception of the impartiality of the administration of justice. This paper evaluates the theoretical constraints on the expression of judicial personality as a tool for legal decision-making and argues that judges from minority groups are held to a higher level of impartiality. Specifically, minority judges are disproportionately constrained from 1) using life experience to apply the law and 2) engaging in certain extrajudicial activities.

Keywords: judging, legal decision making, judicial personality, extrajudicial activities

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Authors: Adam Reilly

Abstract:

The major claim of this paper is that both the English and Canadian branches of the common law have been ill-served by the 'institutional'/'remedial' taxonomy of constructive trusts; what shall be termed the 'orthodox taxonomy'.  The orthodox taxonomy is found both within the case law and the attendant academic commentary.  In truth, the orthodox taxonomy is especially dangerous because it contains a kernel of truth together with a misconception; the interplay of both has caused more harm than the misconception alone would have managed.  The kernel of truth is that some trusts arise automatically when the necessary facts occur ('institutional') and other trusts arise only by way of court order ('remedial').  The misconception is that these two labels represent an exhaustive nomenclature of two distinct 'kinds' of constructive trust such that any particular constructive trust must necessarily be 'institutional' if it is not 'remedial' and vice versa.  The central difficulty is that our understanding of 'remedial' trusts is relatively poor, with the result that anyone using the orthodox taxonomy shall be led astray in one of three ways: (i) by rejecting it wholesale; (ii) by adopting one ‘type’ of trust to the exclusion of the other (as in English law); or (iii) by applying it as an analytical device with sub-optimal results which are difficult to defend.  This paper shall seek to resolve these difficulties by clarifying the criteria for identifying and distinguishing true 'remedial' constructive trusts.  It shall then provide some working examples of how English and Canadian private law at present misunderstand constructive trusts and how that misunderstanding might be resolved once we distinguish the orthodox taxonomy's kernel of truth from the misconception outlined above.

Keywords: comparative law, constructive trusts, equitable remedies, remedial constructive trusts

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Authors: Andra Yount

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The purpose of this research project is to understand how focusing on movement can help English language learners acquire better reading, writing, and speaking skills. More specifically, this case study tests how Laban movement analysis, a tool often used in dance and physical education classes, contributes to advanced-level high school students’ English language acquisition at an international Swiss boarding school. This article shares theoretical bases for and findings from a teaching experiment in which LMA categories (body, effort, space, and shape) were adapted and introduced to students to encourage basic language acquisition and also cultural awareness and sensitivity. As part of the participatory action research process, data collection included pseudonym-protected questionnaires and written/video-taped responses to LMA language and task prompts. Responses from 43 participants were evaluated to determine the efficacy of using this system. Participants (ages 16-19) were enrolled in advanced English as an Additional Language (EAL) courses at a private, co-educational Swiss international boarding school. Final data analysis revealed that drawing attention to movement using LMA language as a stimulus creates better self-awareness and understanding/retention of key literary concepts and vocabulary but does not necessarily contribute to greater cultural sensitivity or eliminate the use of problematic (sexist, racist, or classist) language. Possibilities for future exploration and development are also explored.

Keywords: dance, English, Laban, pedagogy

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Authors: Muhammad Fathurridho

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Grammar as a rule used by every language to be understood by everyone is always related to syntax and morphology. Arabic grammar is different with another languages’ grammars. It has more rules and difficulties. This paper aims to investigate and describe the English grammatical errors of machine translation systems in translating Arabic sentences, including declarative, exclamation, imperative, and interrogative sentences, specifically in year 2018 which can be supported with artificial intelligence’s role. The Arabic sample sentences which are divided into two; verbal and nominal sentence of several Arabic published texts will be examined as the source language samples. The translated sentences done by several popular online machine translation systems, including Google Translate, Microsoft Bing, Babylon, Facebook, Hellotalk, Worldlingo, Yandex Translate, and Tradukka Translate are the material objects of this research. Descriptive method that will be taken to finish this research will show the grammatical errors of English target language, and classify them. The conclusion of this paper has showed that the grammatical errors of machine translation results are varied and generally classified into morphological, syntactical, and semantic errors in all type of Arabic words (Noun, Verb, and Particle), and it will be one of the evaluations for machine translation’s providers to correct them in order to improve their understandable results.

Keywords: Arabic, Arabic-English translation, machine translation, grammatical errors

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Authors: Cristina Siserman-Gray

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TheTreaty on the Prohibition of Nuclear Weapons(TPNW)will mark in January 2022 one year since the entry into force of the treaty. TPNW provides that within one year of entry into force, the 86 countries that have signed it so far will convene to discuss and take decisions on the treaty’s implementation at the first meeting of states-parties. Austria has formally offered to host the meeting in Vienna in the spring of 2022. At this first meeting, the States Parties would need to work. Among others, on the interpretations of some of the provisions of the Treaty, disarmament timelines under Article 4, and address universalization of the Treaty. The main objective of this paper is to explore the legal implications of the TPNW for States-Parties and discuss how these will impact non-State Parties, particularly the United States. In a first part, the article will address the legal requirements that States Parties to this treaty must adhere to by illustrating some of the progress made by these states regarding the implementation of the TPNW. In a second part, the paper will address the challenges and opportunities for universalizing the treaty and will focus on the response of Nuclear Weapons States, and particularly the current US administration. Since it has become clear that TPNW has become a new and important element to the nonproliferation and disarmament architecture, the article will provide a number of suggestions regarding ways US administration could positively contribute to the international discourse on TPNW.

Keywords: disarmament, arms control and nonproliferation, legal regime, TPNW

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Authors: Meshandren Naidoo

Abstract:

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 recognising 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, intellectual property, inventorship, patents

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Authors: Cigdem Fidan

Abstract:

Deaf students in Turkey generally do not have access to foreign language classes. However, the knowledge of foreign languages, especially English, is important for them to access knowledge and other opportunities in the globalizing world. In addition, learning any language including foreign languages is a basic linguistic human right. This study applies critical discourse analysis to examine language ideologies, perceptions of deafness and current language and education policies used for deaf education in Turkey. The findings show that representation of deafness as a disability in policy documents, ignorance the role of sign languages in education and lack of policies that support foreign language education for the deaf may result in inaccessibility of foreign language education for deaf students in Turkey. The paper concludes with recommendations for policymakers, practitioners, and advocates for the deaf.

Keywords: deaf learners, English as a foreign language, language policy, linguistic human rights

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Authors: Ana Lambelho

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Nowadays is very common that an activity may be performed independently or dependently. In Portugal, the Labour Law exclusively protects the dependent labour relations. The independent work is regulated by civil law, where the autonomy of the will is the main principle. For companies is more advantageous to hire people under a service agreement since, in that case, the relation is not submitted to the limits established in Labour law and collective bargaining. This practice has nothing wrong, if the performance of work is, in fact, made autonomously. The problem is the increased frequency of the celebration of service agreements to hide a legal relation of subordination. Aware of this and regarding the huge difficulty to demonstrate the existence of subordinated work (that often runs against the employee), the Portuguese legislator devoted some legislative rules in order to facilitate the evidence of legal subordination and, on the other hand, to avoid the misuse of the provision of service agreements. This study focuses precisely on the analysis of this solution, namely the so-called presumption of ‘laboralidade’ and on the lawsuit to recognize the existence of a labour contract. The presumption of the existence of a labour contract is present in the Portuguese legal system since 2003, and received, with the 2009 Labour Code, a new redaction that, according to the doctrine and the jurisprudence, finally approached it to a legal presumption, with the consequent reversal of the burden of proof and, in consequence, made easier to proof the legal subordination, because the employee will just have to plead and prove the existence of two of the elements described in the law to use this presumption. Another change in the Portuguese legal framework is related with the competencies of the Authority for Working Conditions (AWC): now, if during an inspection, the Authority finds a situation that seems to be an undeclared employment situation, it may access the company and, if it does not regularize voluntarily the situation, AWC has a duty to communicate to the public prosecutor, who will begin the lawsuit for the recognition of the existence of an employment contract. To defend the public interest, the action to recognize the existence of an employment contract will follow its terms, even against the employee will. Although the existence of these mechanisms does not solve by itself the problem of evasion of labour law and false ‘green receipts’, it is undeniable that it is an important step in combating fraud in this field.

Keywords: independent work, labour contract, Portugal, service agreement

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Authors: Abdul Wahid

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Inner speech, also known as verbal thinking, self-talk or private speech, is characterized by the subjective language experience in the absence of overt or audible speech. It is a psychological form of verbal activity which is being rehearsed without the articulation of any sound wave. In Psychology, self-limiting speech means the type of speech which contains information that inhibits the development of the self. People, in most cases, experience inner speech in their first language. It is very frequent in Bangladesh where the Bangla (L1) speaking students lose track of speech during their presentations in English (L2). This paper investigates into the long pauses (more than 0.4 seconds long) in English (L2) presentations by Bangla speaking students (18-21 year old) and finds the intervention of Bangla (L1) inner speech as one of its causes. The overt speeches of the presenters are placed on Audacity Audio Editing software where the length of pauses are measured in milliseconds. Varieties of inner speech questionnaire (VISQ) have been conducted randomly amongst the participants out of whom 20 were selected who have similar phenomenology of inner speech. They have been interviewed to describe the type and content of the voices that went on in their head during the long pauses. The qualitative interview data are then codified and converted into quantitative data. It was observed that in more than 80% cases students experience self-limiting inner speech/self-talk during their unwanted pauses in L2 presentations.

Keywords: Bangla-English Bilinguals, inner speech, L1 intervention in bilingualism, motor schema, pauses, phonological loop, phonological store, working memory

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Authors: Kartika Marta Budiana

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Low competence in speaking for the students of Non English native speakers have been crucial so far for the teachers in language teaching in Indonesia. This study attempts to explore the effect of video using in teaching speaking onstudents of non-native English speakers at STIE Perbanas Surabaya. This includes investigate the students` attitudes toward the video used in classroom. This is a quantitative research that is an experimental one based on analyses derived the concepts of from teaching speaking and the use of video. There are two classes observed, the experimental and the control one. The experimental consist of 28 students and the control class consists of 25 students. Before the treatment given, both of the group is given the pre-test to check their ability level. Then, after the treatment is given, the post-test is given to the both groups. Then, the students were given treatment how to conduct a meeting that they learnt from a video of business English. The post test was held after they undergone a treatment. The instruments to get the data are the oral test and questionnaire. The data of this study is students` score and from the tests` score it can be seen there is a positive significant difference in the experimental group. The t-test to test hypothesize also shows that it is accepted which said that there is an improvement on the students` speaking competence achievement. In conclusion, the video effects on the significant difference on the students speaking competence achievement.

Keywords: video, teaching, speaking, Indonesia

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Authors: Binod Duwadi

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This article examines the language and literacy practices of English Code-mixing in Nepalese Classroom. Situating the study within an ecological framework, a systematic functional linguistic (SFL) approach was used to analyze students writing in two Neplease schools. Data collection included interviews with teachers, classroom observations, instructional materials, and focal students’ writing samples. Data analyses revealed vastly different language ecologies between the schools owing to sharp socioeconomic stratification, the structural organization of schools, and the pervasiveness of standard language ideology, with stigmatizes English code mixing (ECM) and privileges Standard English in schools. Functional analysis of students’ writing showed that the nature of the writing tasks at the schools created different affordances for exploiting lexicogrammatically choices for meaning making-enhancing them in the case of one school but severely restricting them in the case of another- perpetuating the academic disadvantage for code mixing speakers. Recommendations for structural and attitudinal changes through teacher training and implementation of approaches that engage students’ bidialectal competence for learning are made as important first steps towards addressing educational inequities in Nepalese schools.

Keywords: code-mixing, ecological perspective, systematic functional approach, language and identity

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Authors: Chrysanthi S. Tiliakou, Katerina T. Frantzi

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Writing has always been considered a most demanding skill for English as a Foreign Language learners as well as for native speakers. Novice foreign language writers are asked to handle a limited range of vocabulary to produce writing tasks at lower levels. Adverbs are the parts of speech that are not used extensively in the early stages of English as a Foreign Language writing. An additional problem with learning new adverbs is that, next to learning their meanings, learners are expected to acquire the proper placement of adverbs in a sentence. The use of adverbs is important as they enhance “expressive richness to one’s message”. By exploring the patterns of use of adverbs, researchers and educators can identify types of adverbs, which appear more taxing for young learners or that puzzle novice English as a Foreign Language writers with their placement, and focus on their teaching. To this end, the study examines the use of adverbs on two written Corpora of young learners of English of A1 – A2 levels and determines the types of adverbs used, their frequencies, problems in their use, and whether there is any differentiation between levels. The Antconc concordancing tool was used for the Greek Learner Corpus, and the Corpuscle concordancing tool for the Norwegian Corpus. The research found a similarity in the normalized frequencies of the adverbs used in the A1-A2 level Greek Learner Corpus with the frequencies of the same adverbs in the Norwegian Learner Corpus.

Keywords: learner corpora, young learners, writing, use of adverbs

Procedia PDF Downloads 90