Search results for: judicial discourse
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1292

Search results for: judicial discourse

722 Fashion Utopias: The Role of Fashion Exhibitions and Fashion Archives to Defining (and Stimulating) Possible Future Fashion Landscapes

Authors: Vittorio Linfante

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Utopìa is a term that, since its first appearance in 1516, in Tommaso Moro’s work, has taken on different meanings and forms in various fields: social studies, politics, art, creativity, and design. The utopias, although of short duration and in their apparent impossibility, have been able to give a shape to the future, laying the foundations for our present and the future of the next generations. The Twentieth century was the historical period crossed by many changes, and it saw the most significant number of utopias not only social, political, and scientific but also artistic, architectural, in design, communication, and, last but not least, in fashion. Over the years, fashion has been able to interpret various utopistic impulses giving form to the most futuristic visions. From the Manifesto del Vestito by Giacomo Balla, through the functional experiments that led to the Tuta by Thayath and the Varst by Aleksandr Rodčenko and Varvara Stepanova, through the Space Age visions of Rudi Gernreich, Paco Rabanne and Pierre Cardin, and the Archizoom’s political actions and their fashion project Vestirsi è facile. Experiments that have continued to the present days through the (sometimes) excessive visions of Hussein Chalayan, Alexander McQueen, and Gareth Pugh or those that are more anchored to the market (but no fewer innovative and visionaries) by Prada, Chanel, and Raf Simmons. If, as Bauman states, it is true that we have entered in a phase of Retrotopia characterized by the inability to think about new forms of the future; it is necessary, more than ever, to redefine the role of history, of its narration and its mise en scène, within the contemporary creative process. A process that increasingly requires an in-depth knowledge of the past for the definition of a renewed discourse about design processes. A discourse in which words like archive, exhibition, curating, revival, vintage, and costume take on new meanings. The paper aims to investigate–through case studies, research, and professional projects–the renewed role of curating and preserving fashion artefacts. A renewed role that–in an era of Retrotopia–museums, exhibitions, and archives can (and must) assume, to contribute to the definition of new design paradigms, capable of overcoming the traditional categories of revival or costume in favour of a more contemporary “mash-up” approach. Mash-up in which past and present, craftsmanship and new technologies, revival and experimentation merge seamlessly. In this perspective, dresses (as well as fashion accessories) should be considered not only as finished products but as artefacts capable of talking about the past and of producing unpublished new stories at the same time. Archives, exhibitions (academic and not), and museums thus become powerful sources of inspiration for fashion: places and projects capable of generating innovation, becoming active protagonists of the contemporary fashion design processes.

Keywords: heritage, history, costume and fashion interface, performance, language, design research

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721 Treating On-Demand Bonds as Cash-In-Hand: Analyzing the Use of “Unconscionability” as a Ground for Challenging Claims for Payment under On-Demand Bonds

Authors: Asanga Gunawansa, Shenella Fonseka

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On-demand bonds, also known as unconditional bonds, are commonplace in the construction industry as a means of safeguarding the employer from any potential non-performance by a contractor. On-demand bonds may be obtained from commercial banks, and they serve as an undertaking by the issuing bank to honour payment on demand without questioning and/or considering any dispute between the employer and the contractor in relation to the underlying contract. Thus, whether or not a breach had occurred under the underlying contract, which triggers the demand for encashment by the employer, is not a question the bank needs to be concerned with. As a result, an unconditional bond allows the beneficiary to claim the money almost without any condition. Thus, an unconditional bond is as good as cash-in-hand. In the past, establishing fraud on the part of the employer, of which the bank had knowledge, was the only ground on which a bank could dishonour a claim made under an on-demand bond. However, recent jurisprudence in common law countries shows that courts are beginning to consider unconscionable conduct on the part of the employer in claiming under an on-demand bond as a ground that contractors could rely on the prevent the banks from honouring such claims. This has created uncertainty in connection with on-demand bonds and their liquidity. This paper analyzes recent judicial decisions in four common law jurisdictions, namely, England, Singapore, Hong Kong, and Sri Lanka, to identify the scope of using the concept of “unconscionability” as a ground for preventing unreasonable claims for encashment of on-demand bonds. The objective of this paper is to argue that on-demand bonds have lost their effectiveness as “cash-in-hand” and that this is, in fact, an advantage and not an impediment to international commerce, as the purpose of such bonds should not be to provide for illegal and unconscionable conduct by the beneficiaries.

Keywords: fraud, performance guarantees, on-demand bonds, unconscionability

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720 Causes of Pokir in the Budgeting Process: Case Study in the Province of Jakarta, Indonesia

Authors: Tri Nopiyanto, Rahardhyani Dwiannisa, Arief Ismaryanto

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One main issue for a certain region in order to achieve development is if the government that consists of the executive, legislative and judicial board are able to work together. However, there are certain conditions that these boards are the sources of conflict, especially between the executive and legislative board. One of the example of the conflict is between the Local Government and Legislative Board (DPRD) in the Province of Jakarta in 2015. The cause of this conflict is because of the occurrence of pokir (pokok pikiran or ideas of budgeting). Pokir is driven by a budgeting plan that is arranged by DPRD that is supposed to be sourced from the aspiration of the people and delivered 5 months before the legalization of Local Government Budget (APBD), but the current condition in Jakarta is that pokir is a project by DPRD members itself and delivered just 3 days before the legalization in order to facilitate the interests of the members of the legislative. This paper discusses how pokir happens and what factors caused it. This paper uses political budgeting theory by Andy Norton and Diane Elson to analyze the issue. The method used in this paper is qualitative to collect the data and solve the problem of this research. The methods involved are in depth interview, experimental questionnaire, and literature studies. Results of this research are that Pokir occurs because of the distribution of power among DPRD members, between parties, executive, and legislative board. Beside that, Pokir also occurs because of the lack of the people’s participation in budgeting process and monitoring. Other than that, this paper also found that pokir also happens because of the budgeting system that is not able to provide a clean budgeting process, so it enables the creation of certain slots to add pokir into the budgets. Pokir also affects the development of Jakarta that goes through stagnation. This research recommends the implementation of e-budgeting to prevent the occurrence of pokir itself in the Province of Jakarta.

Keywords: legislative and executive board, Jakarta, political budgeting, Pokir

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719 Tackling Corruption in Nigeria Using Social Studies and Other Agents of Socialization

Authors: Joshua Garba Dodo

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Corruption has become endemic in Nigeria, affecting almost all facets of the society, thereby thwarting the effort of national development. The thrust of this paper, therefore, is to see how corruption can be brought to its barest minimum if not totally eradicated using social studies and other agents of socialization. In doing that, the paper defines the concepts of corruption, social studies, and socialization. Discourse on the causes of corruption and the effect on national development is made. The paper examines the role of social studies, family, and the mass media in tackling corruption. The paper also asserts that if an aggressive campaign is mounted by the mass media as a way of supporting the present government in her effort to solve the corruption problem in the country, it will help in changing the psyche of the citizenry about corruption. Finally, the paper recommends, among others, that families and communities should sanction their sons and daughters involved in corrupt practices if proven by a competent court of law.

Keywords: corruption, social studies, family, mass media, socialization

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718 Anti-Forensic Countermeasure: An Examination and Analysis Extended Procedure for Information Hiding of Android SMS Encryption Applications

Authors: Ariq Bani Hardi

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Empowerment of smartphone technology is growing very rapidly in various fields of science. One of the mobile operating systems that dominate the smartphone market today is Android by Google. Unfortunately, the expansion of mobile technology is misused by criminals to hide the information that they store or exchange with each other. It makes law enforcement more difficult to prove crimes committed in the judicial process (anti-forensic). One of technique that used to hide the information is encryption, such as the usages of SMS encryption applications. A Mobile Forensic Examiner or an investigator should prepare a countermeasure technique if he finds such things during the investigation process. This paper will discuss an extension procedure if the investigator found unreadable SMS in android evidence because of encryption. To define the extended procedure, we create and analyzing a dataset of android SMS encryption application. The dataset was grouped by application characteristics related to communication permissions, as well as the availability of source code and the documentation of encryption scheme. Permissions indicate the possibility of how applications exchange the data and keys. Availability of the source code and the encryption scheme documentation can show what the cryptographic algorithm specification is used, how long the key length, how the process of key generation, key exchanges, encryption/decryption is done, and other related information. The output of this paper is an extended or alternative procedure for examination and analysis process of android digital forensic. It can be used to help the investigators while they got a confused cause of SMS encryption during examining and analyzing. What steps should the investigator take, so they still have a chance to discover the encrypted SMS in android evidence?

Keywords: anti-forensic countermeasure, SMS encryption android, examination and analysis, digital forensic

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717 Doctor-Patient Interaction in an L2: Pragmatic Study of a Nigerian Experience

Authors: Ayodele James Akinola

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This study investigated the use of English in doctor-patient interaction in a university teaching hospital from a southwestern state in Nigeria with the aim of identifying the role of communication in an L2, patterns of communication, discourse strategies, pragmatic acts, and contexts that shape the interaction. Jacob Mey’s Pragmatic Acts notion complemented with Emanuel and Emanuel’s model of doctor-patient relationship provided the theoretical standpoint. Data comprising 7 audio-recorded doctors-patient interactions were collected from a University Hospital in Oyo state, Nigeria. Interactions involving the use of English language were purposefully selected. These were supplemented with patients’ case notes and interviews conducted with doctors. Transcription was patterned alongside modified Arminen’s notations of conversation analysis. In the study, interaction in English between doctor and patients has the preponderance of direct-translation, code-mixing and switching, Nigerianism and use of cultural worldviews to express medical experience. Irrespective of these, three patterns communication, namely the paternalistic, interpretive, and deliberative were identified. These were exhibited through varying discourse strategies. The paternalistic model reflected slightly casual conversational conventions and registers. These were achieved through the pragmemic activities of situated speech acts, psychological and physical acts, via patients’ quarrel-induced acts, controlled and managed through doctors’ shared situation knowledge. All these produced empathising, pacifying, promising and instructing practs. The patients’ practs were explaining, provoking, associating and greeting in the paternalistic model. The informative model reveals the use of adjacency pairs, formal turn-taking, precise detailing, institutional talks and dialogic strategies. Through the activities of the speech, prosody and physical acts, the practs of declaring, alerting and informing were utilised by doctors, while the patients exploited adapting, requesting and selecting practs. The negotiating conversational strategy of the deliberative model featured in the speech, prosody and physical acts. In this model, practs of suggesting, teaching, persuading and convincing were utilised by the doctors. The patients deployed the practs of questioning, demanding, considering and deciding. The contextual variables revealed that other patterns (such as phatic and informative) are also used and they coalesced in the hospital within the situational and psychological contexts. However, the paternalistic model was predominantly employed by doctors with over six years in practice, while the interpretive, informative and deliberative models were found among registrar and others below six years of medical practice. Doctors’ experience, patients’ peculiarities and shared cultural knowledge influenced doctor-patient communication in the study.

Keywords: pragmatics, communication pattern, doctor-patient interaction, Nigerian hospital situation

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716 Types of Communication Strategies in Jainism: A Study of Jain Mendicants, Educators and Lay Persons

Authors: Bhumi Shah

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The aim of the study is to create understanding of communication strategies followed by Jain mendicants, educators, and lay persons. Second objective of the study is to see ancient means of communication have reformed in this digital generation. For these purposes of the study, research was carried out among Jain lay persons, educators and mendicants. To understand how traditional methods of communication affect the understanding of Jain religion. The paper attempts further elaborate and analyse various degrees of involvement and expectations of Jain Lay persons and mendicants in the process of religious discourse. In doing so the paper would provide an in- depth debate and discussion about communication patterns and the actual impact to the original meaning of the religion. The study was carried out in the city of Ahmedabad India, where Jains are concentrated in urban settings. In depth interviews were carried out as to understand different communication strategies followed by them.

Keywords: customs, ethics, Jainism, Jain mendicants, religious communication, traditions, rituals

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715 The Political Economy of Media Privatisation in Egypt: State Mechanisms and Continued Control

Authors: Mohamed Elmeshad

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During the mid-1990's Egypt had become obliged to implement the Economic Reform and Structural Adjustment Program that included broad economic liberalization, expansion of the private sector and a contraction the size of government spending. This coincided as well with attempts to appear more democratic and open to liberalizing public space and discourse. At the same time, economic pressures and the proliferation of social media access and activism had led to increased pressure to open a mediascape and remove it from the clutches of the government, which had monopolized print and broadcast mass media for over 4 decades by that point. However, the mechanisms that governed the privatization of mass media allowed for sustained government control, even through the prism of ostensibly privately owned newspapers and television stations. These mechanisms involve barriers to entry from a financial and security perspective, as well as operational capacities of distribution and access to means of production. The power dynamics between mass media establishments and the state were moulded during this period in a novel way. Power dynamics within media establishments had also formed under such circumstances. The changes in the country's political economy itself somehow mirrored these developments. This paper will examine these dynamics and shed light on the political economy of Egypt's newly privatized mass media in the early 2000's especially. Methodology: This study will rely on semi-structured interviews from individuals involved with these changes from the perspective of the media organizations. It also will map out the process of media privatization by looking at the administrative, operative and legislative institutions and contexts in order to attempt to draw conclusions on methods of control and the role of the state during the process of privatization. Finally, a brief discourse analysis will be necessary in order to aptly convey how these factors ultimately reflected on media output. Findings and conclusion: The development of Egyptian private, “independent” mirrored the trajectory of transitions in the country’s political economy. Liberalization of the economy meant that a growing class of business owners would explore opportunities that such new markets would offer. However the regime’s attempts to control access to certain forms of capital, especially in sectors such as the media affected the structure of print and broadcast media, as well as the institutions that would govern them. Like the process of liberalisation, much of the regime’s manoeuvring with regards to privatization of media had been haphazardly used to indirectly expand the regime and its ruling party’s ability to retain influence, while creating a believable façade of openness. In this paper, we will attempt to uncover these mechanisms and analyse our findings in ways that explain how the manifestations prevalent in the context of a privatizing media space in a transitional Egypt provide evidence of both the intentions of this transition, and the ways in which it was being held back.

Keywords: business, mass media, political economy, power, privatisation

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714 The Effects of a Digital Dialogue Game on Higher Education Students’ Argumentation-Based Learning

Authors: Omid Noroozi

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Digital dialogue games have opened up opportunities for learning skills by engaging students in complex problem solving that mimic real world situations, without importing unwanted constraints and risks of the real world. Digital dialogue games can be motivating and engaging to students for fun, creative thinking, and learning. This study explored how undergraduate students engage with argumentative discourse activities which have been designed to intensify debate. A pre-test, post-test design was used with students who were assigned to groups of four and asked to debate a controversial topic with the aim of exploring various 'pros and cons' on the 'Genetically Modified Organisms (GMOs)'. Findings reveal that the Digital dialogue game can facilitate argumentation-based learning. The digital Dialogue game was also evaluated positively in terms of students’ satisfaction and learning experiences.

Keywords: argumentation, dialogue, digital game, learning, motivation

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713 Linguistic Cyberbullying, a Legislative Approach

Authors: Simona Maria Ignat

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Bullying online has been an increasing studied topic during the last years. Different approaches, psychological, linguistic, or computational, have been applied. To our best knowledge, a definition and a set of characteristics of phenomenon agreed internationally as a common framework are still waiting for answers. Thus, the objectives of this paper are the identification of bullying utterances on Twitter and their algorithms. This research paper is focused on the identification of words or groups of words, categorized as “utterances”, with bullying effect, from Twitter platform, extracted on a set of legislative criteria. This set is the result of analysis followed by synthesis of law documents on bullying(online) from United States of America, European Union, and Ireland. The outcome is a linguistic corpus with approximatively 10,000 entries. The methods applied to the first objective have been the following. The discourse analysis has been applied in identification of keywords with bullying effect in texts from Google search engine, Images link. Transcription and anonymization have been applied on texts grouped in CL1 (Corpus linguistics 1). The keywords search method and the legislative criteria have been used for identifying bullying utterances from Twitter. The texts with at least 30 representations on Twitter have been grouped. They form the second corpus linguistics, Bullying utterances from Twitter (CL2). The entries have been identified by using the legislative criteria on the the BoW method principle. The BoW is a method of extracting words or group of words with same meaning in any context. The methods applied for reaching the second objective is the conversion of parts of speech to alphabetical and numerical symbols and writing the bullying utterances as algorithms. The converted form of parts of speech has been chosen on the criterion of relevance within bullying message. The inductive reasoning approach has been applied in sampling and identifying the algorithms. The results are groups with interchangeable elements. The outcomes convey two aspects of bullying: the form and the content or meaning. The form conveys the intentional intimidation against somebody, expressed at the level of texts by grammatical and lexical marks. This outcome has applicability in the forensic linguistics for establishing the intentionality of an action. Another outcome of form is a complex of graphemic variations essential in detecting harmful texts online. This research enriches the lexicon already known on the topic. The second aspect, the content, revealed the topics like threat, harassment, assault, or suicide. They are subcategories of a broader harmful content which is a constant concern for task forces and legislators at national and international levels. These topic – outcomes of the dataset are a valuable source of detection. The analysis of content revealed algorithms and lexicons which could be applied to other harmful contents. A third outcome of content are the conveyances of Stylistics, which is a rich source of discourse analysis of social media platforms. In conclusion, this corpus linguistics is structured on legislative criteria and could be used in various fields.

Keywords: corpus linguistics, cyberbullying, legislation, natural language processing, twitter

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712 Metaphor Scenarios of Translation: An Applied Linguistic Approach to Discourse Analysis

Authors: Elizabeta Eduard Baltadzhyan

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This work presents a stage of an investigation about the metaphorical conceptualization of translation in Bulgarian language. The material is a linguistic corpus consisting of 38 interviews with several generations Bulgarian translators and interpreters. The aim of this presentation is to inform about the results of the organization of the source concepts in scenarios that dominate the discursive manifestations of the source domains. The data show that, on the one hand, translators from different generations share some basic assignments of source and target domains, e. g. translation is a journey or translation is an artistic presentation. On the other hand, there are some specific scenarios motivated by significant changes in the socio-economic structure of the country and the valuation of the translator´s mission and work, e. g., the scenario of pleasure and addictive activity marks the generation that enjoy great support and stimulation from the socialist government, whereas the war scenario marks the generation during the Perestroika time.

Keywords: Bulgarian language, metaphor, scenario, translation

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711 Testing Chat-GPT: An AI Application

Authors: Jana Ismail, Layla Fallatah, Maha Alshmaisi

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ChatGPT, a cutting-edge language model built on the GPT-3.5 architecture, has garnered attention for its profound natural language processing capabilities, holding promise for transformative applications in customer service and content creation. This study delves into ChatGPT's architecture, aiming to comprehensively understand its strengths and potential limitations. Through systematic experiments across diverse domains, such as general knowledge and creative writing, we evaluated the model's coherence, context retention, and task-specific accuracy. While ChatGPT excels in generating human-like responses and demonstrates adaptability, occasional inaccuracies and sensitivity to input phrasing were observed. The study emphasizes the impact of prompt design on output quality, providing valuable insights for the nuanced deployment of ChatGPT in conversational AI and contributing to the ongoing discourse on the evolving landscape of natural language processing in artificial intelligence.

Keywords: artificial Inelegance, chatGPT, open AI, NLP

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710 Embodied Neoliberalism and the Mind as Tool to Manage the Body: A Descriptive Study Applied to Young Australian Amateur Athletes

Authors: Alicia Ettlin

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Amid the rise of neoliberalism to the leading economic policy model in Western societies in the 1980s, people have started to internalise a neoliberal way of thinking, whereby the human body has become an entity that can and needs to be precisely managed through free yet rational decision-making processes. The neoliberal citizen has consequently become an entrepreneur of the self who is free, independent, rational, productive and responsible for themselves, their health and wellbeing as well as their appearance. The focus on individuals as entrepreneurs who manage their bodies through the rationally thinking mind has, however, become increasingly criticised for viewing the social actor as ‘disembodied’, as a detached, social actor whose powerful mind governs over the passive body. On the other hand, the discourse around embodiment seeks to connect rational decision-making processes to the dominant neoliberal discourse which creates an embodied understanding that the body, just as other areas of people’s lives, can and should be shaped, monitored and managed through cognitive and rational thinking. This perspective offers an understanding of the body regarding its connections with the social environment that reaches beyond the debates around mind-body binary thinking. Hence, following this argument, body management should not be thought of as either solely guided by embodied discourses nor as merely falling into a mind-body dualism, but rather, simultaneously and inseparably as both at once. The descriptive, qualitative analysis of semi-structured in-depth interviews conducted with young Australian amateur athletes between the age of 18 and 24 has shown that most participants are interested in measuring and managing their body to create self-knowledge and self-improvement. The participants thereby connected self-improvement to weight loss, muscle gain or simply staying fit and healthy. Self-knowledge refers to body measurements including weight, BMI or body fat percentage. Self-management and self-knowledge that are reliant on one another to take rational and well-thought-out decisions, are both characteristic values of the neoliberal doctrine. A neoliberal way of thinking and looking after the body has also by many been connected to rewarding themselves for their discipline, hard work or achievement of specific body management goals (e.g. eating chocolate for reaching the daily step count goal). A few participants, however, have shown resistance against these neoliberal values, and in particular, against the precise monitoring and management of the body with the help of self-tracking devices. Ultimately, however, it seems that most participants have internalised the dominant discourses around self-responsibility, and by association, a sense of duty to discipline their body in normative ways. Even those who have indicated their resistance against body work and body management practices that follow neoliberal thinking and measurement systems, are aware and have internalised the concept of the rational operating mind that needs or should decide how to look after the body in terms of health but also appearance ideals. The discussion around the collected data thereby shows that embodiment and the mind/body dualism constitute two connected, rather than two separate or opposing concepts.

Keywords: dualism, embodiment, mind, neoliberalism

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709 The Role of Artificial Intelligence in Criminal Procedure

Authors: Herke Csongor

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The artificial intelligence (AI) has been used in the United States of America in the decisionmaking process of the criminal justice system for decades. In the field of law, including criminal law, AI can provide serious assistance in decision-making in many places. The paper reviews four main areas where AI still plays a role in the criminal justice system and where it is expected to play an increasingly important role. The first area is the predictive policing: a number of algorithms are used to prevent the commission of crimes (by predicting potential crime locations or perpetrators). This may include the so-called linking hot-spot analysis, crime linking and the predictive coding. The second area is the Big Data analysis: huge amounts of data sets are already opaque to human activity and therefore unprocessable. Law is one of the largest producers of digital documents (because not only decisions, but nowadays the entire document material is available digitally), and this volume can only and exclusively be handled with the help of computer programs, which the development of AI systems can have an increasing impact on. The third area is the criminal statistical data analysis. The collection of statistical data using traditional methods required enormous human resources. The AI is a huge step forward in that it can analyze the database itself, based on the requested aspects, a collection according to any aspect can be available in a few seconds, and the AI itself can analyze the database and indicate if it finds an important connection either from the point of view of crime prevention or crime detection. Finally, the use of AI during decision-making in both investigative and judicial fields is analyzed in detail. While some are skeptical about the future role of AI in decision-making, many believe that the question is not whether AI will participate in decision-making, but only when and to what extent it will transform the current decision-making system.

Keywords: artificial intelligence, international criminal cooperation, planning and organizing of the investigation, risk assessment

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708 Residential Architecture and Its Representation in Movies: Bangkok's Spatial Research in the Study of Thai Cinematography

Authors: Janis Matvejs

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Visual representation of a city creates unique perspectives that allow to interpret the urban environment and enable to understand a space that is culturally created and territorially organized. Residential complexes are an essential part of cities and cinema is a specific representation form of these areas. There has been very little research done on exploring how these areas are depicted in the Thai movies. The aim of this research is to interpret the discourse of residential areas of Bangkok throughout the 20th and 21st centuries and to examine essential changes in the residential structure. Specific cinematic formal techniques in relation to the urban image were used. The movie review results were compared with changes in Bangkok’s residential development. Movie analysis displayed that residential areas are frequently used in Thai cinematography and they make up an integral part of the urban visual perception.

Keywords: Bangkok, cinema, residential area, representation, visual perception

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707 Raising Intercultural Awareness in Colombia Classrooms: A Descriptive Review

Authors: Angela Yicely Castro Garces

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Aware of the relevance that intercultural education has gained in foreign language learning and teaching, and acknowledging the need to make it part of our classroom practices, this literature review explores studies that have been published in the Colombian context from the years 2012 to 2019. The inquiry was done in six national peer-reviewed journals, in order to examine the population benefited, types of studies and most recurrent topics of concern for educators. The findings present a promising panorama as teacher educators from public universities are leading the way in conducting research projects aimed at fostering intercultural awareness and building a critical intercultural discourse. Nonetheless, more studies that involve the different stakeholders and contexts need to be developed, in order to make intercultural education more visible in Colombian elementary and high school classrooms.

Keywords: Colombian scholarship, foreign language learning, foreign language teaching, intercultural awareness

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706 Computing Machinery and Legal Intelligence: Towards a Reflexive Model for Computer Automated Decision Support in Public Administration

Authors: Jacob Livingston Slosser, Naja Holten Moller, Thomas Troels Hildebrandt, Henrik Palmer Olsen

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In this paper, we propose a model for human-AI interaction in public administration that involves legal decision-making. Inspired by Alan Turing’s test for machine intelligence, we propose a way of institutionalizing a continuous working relationship between man and machine that aims at ensuring both good legal quality and higher efficiency in decision-making processes in public administration. We also suggest that our model enhances the legitimacy of using AI in public legal decision-making. We suggest that case loads in public administration could be divided between a manual and an automated decision track. The automated decision track will be an algorithmic recommender system trained on former cases. To avoid unwanted feedback loops and biases, part of the case load will be dealt with by both a human case worker and the automated recommender system. In those cases an experienced human case worker will have the role of an evaluator, choosing between the two decisions. This model will ensure that the algorithmic recommender system is not compromising the quality of the legal decision making in the institution. It also enhances the legitimacy of using algorithmic decision support because it provides justification for its use by being seen as superior to human decisions when the algorithmic recommendations are preferred by experienced case workers. The paper outlines in some detail the process through which such a model could be implemented. It also addresses the important issue that legal decision making is subject to legislative and judicial changes and that legal interpretation is context sensitive. Both of these issues requires continuous supervision and adjustments to algorithmic recommender systems when used for legal decision making purposes.

Keywords: administrative law, algorithmic decision-making, decision support, public law

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705 Twitter: The New Marketing Communication Tools

Authors: Mansur Ahmed Kazaure

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The emergence of internet-based social media has made it possible for one person to communication with hundreds or even thousands of people about a company goods and services and the companies that provides them. Thus, the impact of customer-to-customer communications has been significantly magnified in the marketplace. Therefore, the essence of this paper is to critically evaluate the literature of social media and their implication for practice, but the author pay attention on twitter as a new marketing communication tools. The author found out that, despite the implication of using social media especially twitter by the companies as part of their marketing communication tool, but still it can enhance the opportunity for the companies to develop and maintain long-term customer relationship. The paper concludes that, using twitter as a marketing communication tool is a market trend and it is the best way for marketers to add value to their customer, however with the Twitter marketers can get a feedback about the performance of their product and its brand in the marketplace. The paper is purely a conceptual discourse based on secondary data.

Keywords: social media, marketing communication, marketing communication tools, Twitter, Facebook

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704 Inter-Country Parental Child Removal and Subsequent Custody Disputes in India: Need for Legislative Reforms

Authors: Pritam Kumar Ghosh

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The phenomenon of inter-country parental child removal and the protection of children against removal from lawful custody by their own parents has been a major issue over the last five decades. This occurs when parents take away their children during pending divorce and custody proceedings or in violation of pre-existing foreign or Indian custody orders through which they may have obtained visitation rights only after divorce but not permanent custody. Even though considerable efforts have been made by the Indian judiciary to resolve the issue, a lot is still left to be desired. A study of the spate of judicial decisions on the issue since 1970 reveals that judges have attempted to resolve the issue mainly through the application of the existing personal law regime and the principle of the best interest of the child. This has made the position of law extremely confusing. The existing precedential jurisprudence contains a wide variety of custody orders in the name of enforcement of the paramount consideration of the best interest and welfare of children. The problem is aggravated by the fact that India has decided not to accede to the Hague Abduction Convention of 1980, which is the main international instrument combating the issue. In this context, the paper discusses the reasons behind the rising instances of inter-country parental child removals. It then goes on to analyze the existing jurisprudence of international child custody disputes in India, which have come before courts post-removal of children from lawful custody. The paper concludes by suggesting essential reforms in the existing Indian legal framework governing the issue. In the process, the paper proposes new legislation for India governing inter-country parental child removals and subsequent custody disputes. The possible structure and content of this new law shall also be outlined as a part of the paper.

Keywords: custody, dispute, child removal, Hague convention

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703 Meeting the Parents on Facebook : A Case Study of the Swedish Social Insurance Agency’s Social Media Use

Authors: Cecilia Teljas

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Many government agencies use social media to supplement their traditional communication channels. Government agencies are typically risk-averse, which makes social media practices problematic. However, this case study of the social media use of the Swedish social insurance agency shows considerable bi-directional communication between the agency and the public. On one hand, the agency’s aims, strategies, ways of working and experiences related to its social media communication practice are analyzed. On the other hand, the communication by both the agency and the public is studied on one of the agency’s Facebook pages. The results showed that it is possible for an agency to provide relevant and accurate information in real-time in social media if identifying and addressing different segments separately. Furthermore, as a result of context adaption this communication was rather informal and the practice can be considered to manifest positive democratic effects due to the increased availability and inclusion.

Keywords: e-government, social media, case study, discourse analysis

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702 Experiences of Youth in Learning About Healthy Intimate Relationships: An Institutional Ethnography

Authors: Anum Rafiq

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Adolescence is a vulnerable period for youth across the world. It is a period of new learning with opportunities to understand and develop perspectives on health and well-being. With youth beginning to engage in intimate relationships at an earlier age in the 21st century, concentrating on the learning opportunity they have in school is paramount. The nature of what has been deemed important to teach in schools has changed throughout history, and the focus has shifted from home/family skills to teaching youth how to be competitive in the job market. Amidst this emphasis, opportunities for them exist to learn about building healthy intimate relationships, one of the foundational elements of most people’s lives. Using an Institutional Ethnography (IE), the lived experiences of youth in how they understand intimate relationships and how their learning experience is organized through the high school Health and Physical Education (H&PE) course is explored. An empirical inquiry into how the actual work of teachers and youth are socially organized by a biomedical, employment-related, and efficiency-based discourse is provided. Through thirty-two qualitative interviews with teachers and youth, a control of ruling relations such as institutional accountability circuits, performance reports, and timetabling over the experience of teachers and youth is found. One of the facets of the institutional accountability circuit is through the social organization of teaching and learning about healthy intimate relationships being framed through a biomedical discourse. In addition, the role of a hyper-focus on performance and evaluation is found as paramount in situating healthy intimacy discussions as inferior to neoliberally charged productivity measures such as employment skills. Lastly, due to the nature of institutional policies such as regulatory guidelines, teachers are largely influenced to avoid diving into discussions deemed risky or taboo by society, such as healthy intimacy in adolescence. The findings show how texts such as the H&PE curriculum, the Ontario College of Teachers (OCT) guidelines, Ministry of Education Performance Reports, and the timetable organize the day-to-day activities of teachers and students and reproduce different disjunctures for youth. This disjuncture includes some of their experiences being subordinated, difficulty relating to curriculum, and an experience of healthy living discussions being skimmed over across sites. The findings detail that the experience of youth in learning about healthy intimate relationships is not akin to the espoused vision outlined in policy documents such as the H&PE (2015) curriculum policy. These findings have implications for policymakers, activists, and school administration alike, which call for an investigation into who is in power when it comes to youth’s learning needs, as a pivotal period where youth can be equipped with life-changing knowledge is largely underutilized. A restructuring of existing institutional practices that allow for the social and institutional flexibility required to broach the topic of healthy intimacy in a comprehensive manner is required.

Keywords: health policy, intimate relationships, youth, education, ruling relations, sexual education, violence prevention

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701 State of Emergency in Turkey (July 2016-July 2018): A Case of Utilization of Law as a Political Instrument

Authors: Neslihan Cetin

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In this study, we will aim to analyze how the period of the state of emergency in Turkey lead to gaps in law and the formation of areas in which there was a complete lack of supervision. The state of emergency that was proclaimed following the coup attempt of July 15, 2016, continued until July 18, 2018, that is to say, 2 years, without taking into account whether the initial circumstances persisted. As part of this work, we claim that the state of emergency provided the executive power with important tools for governing, which it took constant use. We can highlight how the concern for security at the center of the basic considerations of the people in a city was exploited as a foundation by the military power in Turkey to interfere in the political, legal, and social spheres. The constitutions of 1924, 1961, and 1982 entrusted the army with the role of protector of the integrity of the state. This became an instrument at the hands of the military to legitimize their interventions in the name of public security. Its interventions in the political field are indeed politically motivated. The constitution, the legislative, and regulatory systems are modified and monopolized by the military power that dominates the legislative, regulatory, and judicial power, leading to a state of exception. With the political convulsions over a decade, the government was able to usurp the instrument called the state of exception. In particular, the decree-laws of the state of emergency, which the executive makes frequent and generally abusive use, became instruments in the hands of the government to take measures that it wishes to escape from the rules and the pre-established control mechanisms. Thus the struggle against the political opposition becomes more unbalanced and destructive. To this must also be added the ineffectiveness of ex-post controls and domestic remedies. This research allows us to stress how a legal concept, such as ‘the state of emergency’ can be politically exploited to make it a legal weapon that continues to produce victims.

Keywords: constitutional law, state of emergency, rule of law, instrumentalization of law

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700 Tweets to Touchdowns: Predicting National Football League Achievement from Social Media Optimism

Authors: Rohan Erasala, Ian McCulloh

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The NFL Draft is a chance for every NFL team to select their next superstar. As a result, teams heavily invest in scouting, and millions of fans partake in the online discourse surrounding the draft. This paper investigates the potential correlations between positive sentiment in individual draft selection threads from the subreddit r/NFL and if this data can be used to make successful player recommendations. It is hypothesized that there will be limited correlations and nonviable recommendations made from these threads. The hypothesis is tested using sentiment analysis of draft thread comments and analyzing correlation and precision at k of top scores. The results indicate weak correlations between the percentage of positive comments in a draft selection thread and a player’s approximate value, but potentially viable recommendations from looking at players whose draft selection threads have the highest percentage of positive comments.

Keywords: national football league, NFL, NFL Draft, sentiment analysis, Reddit, social media, NLP

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699 Development Process and Design Methods for Shared Spaces in Europe

Authors: Kazuyasu Yoshino, Keita Yamaguchi, Toshihiko Nishimura, Masashi Kawasaki

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Shared Space, the planning and design concept that allows pedestrians and vehicles to coexist in a street space, has been advocated and developed according to the traffic conditions in each country in Europe. Especially in German/French-speaking countries, the "Meeting Zone," which is a traffic rule combining speed regulation (20km/h) and pedestrian priority, is often applied when designing shared spaces at intersections, squares, and streets in the city center. In this study, the process of establishment and development of the Meeting Zone in Switzerland, France, and Austria was chronologically organized based on the descriptions in the major discourse and guidelines in each country. Then, the characteristics of the spatial design were extracted by analyzing representative examples of Meeting Zone applications. Finally, the relationships between the different approaches to designing of Meeting Zone and traffic regulations in different countries were discussed.

Keywords: shared space, traffic calming, meeting zone, street design

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698 Studying Language of Immediacy and Language of Distance from a Corpus Linguistic Perspective: A Pilot Study of Evaluation Markers in French Television Weather Reports

Authors: Vince Liégeois

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Language of immediacy and distance: Within their discourse theory, Koch & Oesterreicher establish a distinction between a language of immediacy and a language of distance. The former refers to those discourses which are oriented more towards a spoken norm, whereas the latter entails discourses oriented towards a written norm, regardless of whether they are realised phonically or graphically. This means that an utterance can be realised phonically but oriented more towards the written language norm (e.g., a scientific presentation or eulogy) or realised graphically but oriented towards a spoken norm (e.g., a scribble or chat messages). Research desiderata: The methodological approach from Koch & Oesterreicher has often been criticised for not providing a corpus-linguistic methodology, which makes it difficult to work with quantitative data or address large text collections within this research paradigm. Consequently, the Koch & Oesterreicher approach has difficulties gaining ground in those research areas which rely more on corpus linguistic research models, like text linguistics and LSP-research. A combinatory approach: Accordingly, we want to establish a combinatory approach with corpus-based linguistic methodology. To this end, we propose to (i) include data about the context of an utterance (e.g., monologicity/dialogicity, familiarity with the speaker) – which were called “conditions of communication” in the original work of Koch & Oesterreicher – and (ii) correlate the linguistic phenomenon at the centre of the inquiry (e.g., evaluation markers) to a group of linguistic phenomena deemed typical for either distance- or immediacy-language. Based on these two parameters, linguistic phenomena and texts could then be mapped on an immediacy-distance continuum. Pilot study: To illustrate the benefits of this approach, we will conduct a pilot study on evaluation phenomena in French television weather reports, a form of domain-sensitive discourse which has often been cited as an example of a “text genre”. Within this text genre, we will look at so-called “evaluation markers,” e.g., fixed strings like bad weather, stifling hot, and “no luck today!”. These evaluation markers help to communicate the coming weather situation towards the lay audience but have not yet been studied within the Koch & Oesterreicher research paradigm. Accordingly, we want to figure out whether said evaluation markers are more typical for those weather reports which tend more towards immediacy or those which tend more towards distance. To this aim, we collected a corpus with different kinds of television weather reports,e.g., as part of the news broadcast, including dialogue. The evaluation markers themselves will be studied according to the explained methodology, by correlating them to (i) metadata about the context and (ii) linguistic phenomena characterising immediacy-language: repetition, deixis (personal, spatial, and temporal), a freer choice of tense and right- /left-dislocation. Results: Our results indicate that evaluation markers are more dominantly present in those weather reports inclining towards immediacy-language. Based on the methodology established above, we have gained more insight into the working of evaluation markers in the domain-sensitive text genre of (television) weather reports. For future research, it will be interesting to determine whether said evaluation markers are also typical for immediacy-language-oriented in other domain-sensitive discourses.

Keywords: corpus-based linguistics, evaluation markers, language of immediacy and distance, weather reports

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697 Directors’ Liability for Losses Incurred in the Management of PT Merpati Nusantara Airlines, Persero

Authors: Eny Suastuti

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This paper is about state’s capital equity in establishing State-owned Company (PT Merpati Persero). Under private law regime, PT Merpati Persero equity is a state asset allocated separately from the State Budget. Consequently, it is no longer a state asset; rather, it becomes a part of company assets. The adoption of Act No. 17 of 2003 on State Finance, Act No. 31 of 1999, which is amended by Act No. 20 of 2001 on Eradication of Corrupt Practices, Act No. 15 of 2004 on Auditing, Management, and Accountability of State Finance, and Act No. 15 of 2006 Audit Board raises legal issues of whether State-owned Company’s (PT Merpati Persero) loss may be deemed as loss on state finance made by the Directors of PT Merpati Persero, which implication leads to corrupt practices conducted by the Directors. The principle of civil law states that state assets are separated from the state budget is not a government asset. Therefore the case of a lease agreement 2 (two) units of Boeing 737-400 and Boeing 737-500 between PT Merpati Nusantara Airlines with companies Third Stone Aircraft Leasing Group (TALG) the United States cannot be prosecuted under Articles 2 and 3 of Act No. 31 of 1999 Jo Act No. 20 of 2001 on Eradication of Corrupt Practices (Law PTPK). From this paper, three things are found. First, state’s capital equity, which has been allocated separately from state assets in establishing the PT Merpati Perserois not state asset; rather, it is company’s asset. Second, in the case of mismanagement leading to company loss, the Directors of PT Merpati Persero may not be charged with committing corrupt practice as prescribed in Articles 2 and 3 of Corrupt Practices Eradication Law. Third, misperception has been made by judicial practices since the courts consider loss in certain transaction made by Directors of PT Merpati Persero to be loss of state finance whose implication is applicability of Articles 2 and 3 of Corrupt Practices Eradication Law.

Keywords: corrupt practice, loss, state's capital equity, state finance (PT Merpati Persero)

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696 Scattered Places in Stories Singularity and Pattern in Geographic Information

Authors: I. Pina, M. Painho

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Increased knowledge about the nature of place and the conditions under which space becomes place is a key factor for better urban planning and place-making. Although there is a broad consensus on the relevance of this knowledge, difficulties remain in relating the theoretical framework about place and urban management. Issues related to representation of places are among the greatest obstacles to overcome this gap. With this critical discussion, based on literature review, we intended to explore, in a common framework for geographical analysis, the potential of stories to spell out place meanings, bringing together qualitative text analysis and text mining in order to capture and represent the singularity contained in each person's life history, and the patterns of social processes that shape places. The development of this reasoning is based on the extensive geographical thought about place, and in the theoretical advances in the field of Geographic Information Science (GISc).

Keywords: discourse analysis, geographic information science place, place-making, stories

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695 English as a Foreign Language for Deaf Students in the K-12 Schools in Turkey: A Policy Analysis

Authors: Cigdem Fidan

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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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694 Anti-Language in Jordanian Spoken Arabic: A Sociolinguistic Perspective

Authors: Ahmad Mohammad Al-Harahsheh

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Anti-language reflects anti-society; it is a restricted spoken code used among a group of interlocutors because of anti-society. This study aims to shed light on the sociolinguistic characteristics of anti-language used by prisoners in Jordan. The participants included were 15 male-Jordanian prisoners who have recently been released. The data were written, transliterated, and analyzed on the basis of sociolinguistics and discourse analysis. This study draws on sociolinguistic theory of language codes as the theoretical framework. The study concludes that anti-language is a male language and is used for secrecy, as the prisoners' tendency to protect themselves from the police; it is a verbal competition, contest and display. In addition, it is employed to express obnoxious ideas and acts by using more pleasant or blurred words and expressions. Also, the anti-language used by prisoners has six linguistic characteristics in JSA (Jordanian Spoken Arabic), such as relexicalization, neologism, rhyme formation, semantic change, derivation, and metaphorical expressions.

Keywords: anti-language, Jordanian Spoken Arabic, sociolinguistics, prisoners

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693 Transcending or Going beyond the Concept of Race

Authors: Ovett Nwosimiri

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Historically the concept of race has played a significant part in the existence of African philosophy. Race, as part of the historical events, has been used as a reason for colonization. In recent years, there has been a numerous work on the concept of race. Some philosophers have devoted their time to the discourse of race and to understand the ascription of the race. These philosophers have dedicated their time and energy to the concept of race. Philosophers, like Joshua Glasgow, W. E. B. Du Bois, Lucius Outlaw, Kwame Anthony Appiah, Naomi Zack, Emmanuel C. Eze and many others took up the task to explain the concept of race, and also to explain in their view whether the concept of race should be conserved or eliminated. According to the eliminativists, the concept of race should be eliminated. According to the conservationists, the concept of race should be conserved. The aim of this paper is to look at the possibility of transcending the concept of race. In order to do this, the paper will briefly explain Joshua Glasgow’ idea theory of ‘racial reconstructionism’, and it will propose a theory of ‘racial transcendentalism’ as a way of transcending the concept of race. The paper will argue that we should see the concept of race as a concept that has a future beyond the mere meaning and ideas that call for its elimination or conservation.

Keywords: conservationists, eliminativists, race, transcending

Procedia PDF Downloads 344