Search results for: judicial discourse
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1276

Search results for: judicial discourse

646 Nigeria’s Tempestuous Voyage to DB2023 via the Multimodal Route: Adjusting the Sails to Contemporary Trade Winds and Policies

Authors: Dike Ibegbulem

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This paper interrogates the chances of Nigeria achieving its target of making the list of the first 70 countries in World Bank’s Ease of Doing Business (EoDB) rankings by the year 2023. That is, in light of existing conflicts in policies relating to the door-to-door carriage of goods and multimodal transport operations (MTOs) in the country. Drawing on the famed Legal Origins theory plus data from World Bank; and using Singapore as a touchstone, the paper unveils how amongst the top-ranked Commonwealth jurisdictions, positive correlations have been recorded over the past years between certainty in their policies on MTOs on the one hand; and their Enforcing Contracts (EC) and Doing Business (DB) indices on the other. The paper postulates that to increase Nigeria’s chances of achieving her DB2023 objective, legislative and curial policies on MTOs and door-to-door carriage of goods have to be realigned in line with prevailing policies in highly-ranked Commonwealth jurisdictions of the Global North. Her appellate courts, in particular, will need some unshackling from English pedigrees which still delimit admiralty jurisdiction to port-to-port shipping, to the exclusion of door-to-door carriage of goods beyond navigable waters. The paper identifies continental and domestic instruments, plus judicial precedents, which provide bases for expanding admiralty jurisdiction to adjudication of claims derived from door-to-door or multimodal transport contracts and other allied maritime-plus contracts. It prescribes synergy between legislative and curial policies on MTOs and door-to-door carriage of goods as species of admiralty – an emerging trend in top-ranked Commonwealth jurisdictions of the Global North.

Keywords: admiralty jurisdiction, legal origins, world bank, ease of doing business, enforcing contracts, multimodal transport operation, door-to-door, carriage of goods by sea, combined transport shipping

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645 The Economic System (Islam) and Riba's Prohibition on Historical Perspective

Authors: Risanda Alirastra Budiantoro, Riesanda Najmi Sasmita, Sri Herianingrum

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Allah has given the guidance in the form of Islam for Muslim to take and lead all the aspects of life including the economic activity. The Islamic economic system is believed to be the answer to the economic problems that exist at this time. The goal is to achieve falah in kaffah by not doing some economic activities that are in violation as prescribed by Islam. An example for this is riba. Discourse on riba can be said ‘classical’ both in the development of Islamic thought and in Islamic civilization because riba often occurs in all aspects of public life, especially economic transactions (in Islam called muamalah). Riba is an additional retrieval, either in a sale and purchase transaction or lending in a false or contrary to the principle of muamalah in Islam. Prohibition of riba is obtained from various sources by the Qur'an and Hadith Rasulullah SAW, so the scholars firmly and clearly defined the prohibition of riba because there are exploitative elements that can harm the others. So, this study is aimed to identify Islamic economic system and the prohibition of riba in historical perspective. From the results of this study, it is expected to be a good reference for the reader to understand the Islamic economic system and riba in the future.

Keywords: economics system, riba, historical perspective, economy

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644 Administrative and Legal Instruments of Disciplining Maintenance (alimony) Debtors in Poland - A Critical Analysis of their Effectiveness

Authors: Tomasz Kosicki

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The subject of the presentation will be the administrative and legal instruments of disciplining maintenance debtors adopted by the Polish legislator, the substantive legal bases of which were adopted in the Act of 7 September 2007 on assistance to persons entitled to maintenance (Journal of Laws of 2022, item 1205). These provisions are complemented by procedural regulations resulting from the Act of 14 June 1960 - Code of Administrative Procedure (Journal of Laws of 2021, item 735, as amended). The first part of the paper will focus on the administrative proceedings regarding the recognition of the debtor as evading maintenance obligations. The initiation of this procedure ex officio is preceded by a number of actions by public administration bodies, including Conducting a maintenance interview with the debtor, during which his health and professional situation and the reasons for non-payment of maintenance are determined, Professional activation in a situation where the lack of payment of maintenance results from the lack of employment. The reasons for initiating the above-mentioned administrative proceedings ex officio will be indicated, taking into account the current views of the judicial decisions. The second part of the paper will focus on the instrument of retaining the driving license of the debtor, who was previously found to be evading maintenance. The author points out that the detention of the driving license is one of the types of administrative sanctions of a very severe nature. Doubts of a constitutional nature will also be highlighted, as well as those concerning the effectiveness of this legal instrument and the protection of the debtor's rights. The thesis will be presented that the administrative procedure for the retention of a driving license does not fulfill its role and especially does not affect the collection of maintenance obligations from debtors. All the considerations will be based on the current and most representative views of the literature on the subject and the jurisprudence of Polish administrative courts.

Keywords: maintenance debtor, administrative proceedings, detention of driving license, administrative sanction, polish administrative law, public administration

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643 The Temporal Dimension of Narratives: A Construct of Qualitative Time

Authors: Ani Thomas

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Every narrative is a temporal construct. Every narrative creates a qualitative experience of time for the viewer. The paper argues for the concept of a qualified time that emerges from the interaction between the narrative and the audience. The paper also challenges the conventional understanding of narrative time as either story time, real time or discourse time. Looking at narratives through the medium of Cinema, the study examines how narratives create and manipulate duration or durée, the qualitative experience of time as theorized by Henri Bergson. The paper further analyzes how Cinema and, by extension, narratives are nothing but Durée and the filmmaker, the artist of durée, who shape and manipulate the perception and emotions of the viewer through the manipulation and construction of durée. The paper draws on cinematic works to look at the techniques to demonstrate how filmmakers use, for example, editing, sound, compositional and production narratives etc., to create various modes of durée that challenge, amplify or unsettle the viewer’s sense of time. Bringing together the Viewer’s durée and exploring its interaction with the narrative construct, the paper explores the emergence of the new qualitative time, the narrative durée, that defines the audience experience.

Keywords: cinema, time, bergson, duree

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642 Sexual Consent and Persons with Psychosocial Disabilities: Exploring Sexual Rights under Indian Laws

Authors: Sachin Sharma

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Sexual consent is integral to every sexual relationship. It is a process to facilitate sexual autonomy and bodily integrity. It assures complete sexual personhood and allows an individual to explore her sexual expressions independently. But the said proposition is not true for people with psychosocial disabilities. Generally, they are considered seraphic or mephistophelic and denied access to sexual autonomy. This result in institutionalizing the sexuality of disabled persons, where the eugenics-ableist narrative defines assessment and access to consent. This way, sexuality and disability are distanced apart. It is primarily due to the stigmatized socio-cultural constructs of sexuality that define sex within a “standard” and “charmed” circle. Such stigmatized expression influences the law, as it considers people with psychosocial disabilities incapable of sexual consent. The approach of legal institutions is very narrow towards interpreting their sexual rights. It echoes the modernist-ableism and strangulates the sexual choices. This way, it reflects the repressive model of sex and denies space to people with psychosocial disabilities. Moreover, judicial courts follow old and conservative methods while dealing with sexual issues. For instance, courts still practice the “standardized” norm of intelligence quotient (IQ) for determining the credibility of persons with psychosocial disabilities. Further, there is still doubt about assistive communicative techniques. This paper will try to question the normative structure of sexual consent and related laws while specifically addressing the issues of sex as desire and abuse. Considering the commitment to the United Nations Convention on the Rights of Persons with Disabilities (herein referred to as UNCRPD) and common law experience, the paper will draw a comparative study on the legal position of sexual rights in India. The paper will also analyze the role of UNCRPD in addressing sexual rights. The author will examine the position of sexual rights of people with psychosocial disabilities after the drafting of UNCRPD and specific state laws. The paper primarily follows the doctrinal method.

Keywords: sexual autonomy, institutionalized choices, overregulated laws, violation of individuality

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641 The Nexus between Climate Change and Criminality: The Nigerian Experience

Authors: Dagaci Aliyu Manbe, Anthony Abah Ebonyi

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The increase in global temperatures is worsened by frequent natural events and human activities. Climate change has taken a prominent space in the global discourse on crime and criminality. Compared to when the subject centred around the discussion on the depletion of the ozone layer and global warming, today, the narrative revolves around the implications of changes in weather and climatic conditions in relations to violent crimes or conflict that traverse vast social, economic, and political spaces in different countries. Global warming and climate change refer to an increase in average global temperatures in the Earth’s near-surface air and oceans, which occurs due to human activities such as deforestation and the burning of fossil fuel such as gas flaring. The trend is projected to continue, if unchecked. This paper seeks to explore the nexus between climate change and criminality in Nigeria. It further examines the main ecological changes that predispose conflict dynamics of security threats factored by climate change to peaceful co-existence in Nigeria. It concludes with some recommendations on the way forward.

Keywords: conflict, climate change, criminality, global warning, peace

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640 The Importance of Affinity Groups for Organizations and Employees

Authors: Helio Arthur Reis Irigaray, Fabricio Stocker

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This study aims to discover the extent to which affinity groups effectively act to combat inequalities, promote diversity, and contribute to the inclusion of non-hegemonic groups in the work environment. To this end, we have built empirical research, in which we interviewed 36 leaders and members of the collectives of non-hegemonic groups, namely women, blacks, and LGBTQ. With the proper authorization of the participants, their interviews were transcribed and submitted for critical analysis of the discourse. The field revealed that collectives are the result of the articulation of non-hegemonic groups, which create and participate in legitimate and institutional spaces to promote diversity. We also identified that diversity actions have happened as a market trend and reproduced mimetically. As the largest companies implement these actions, they become benchmarking and thus create a flow that is reproduced by other companies. However, there is no effective change in the structures that could promote inclusion and belonging. We state that a diverse group of employees are not enough to claim that the organization is diverse and inclusive. There remains much more to discuss and delve into deeply, including gender, diversity, and intersectionality.

Keywords: diversity, inclusion, collectives, affinity groups, employee resource groups

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639 Analysing Social Media Coverage of Political Speeches in Relation to Discourse and Context

Authors: Yaser Mohammed Altameemi

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This research looks at the representation of the social media for the Saudi Government decrees regarding the developmental projects of the Saudi 2030 vision. The paper analyses a television interview with the Crown Prince Mohammed Bin Salman who talks about the progress of the Saudi vision of 2030, and how the government had acted as response to the COVID-19 pandemic. The interview was on 28/4/2021. The paper analyses the tweets on Twitter that cover the interview for the purpose of investigating the development of concepts and meanings regarding the Saudi peoples’ orientations towards the Saudi projects. The data include all related tweets from the day of the interview and the following seven days after the interview. The finding of the collocation analysis suggests that nationalism notion is explicitly expressed by users in Twitter. The main finding of this paper suggests the importance of further analyses for the concordance lines. However, the collocation network suggests that there is a clear highlight for nationalism.

Keywords: social media, twitter, political interview, prince Mohammed Bin Salman, Saudi vision 2030

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638 Threshold Concepts in TESOL: A Thematic Analysis of Disciplinary Guiding Principles

Authors: Neil Morgan

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The notion of Threshold Concepts has offered a fertile new perspective on the transformative effects of mastery of particular concepts on student understanding of subject matter and their developing identities as inductees into disciplinary discourse communities. Only by successfully traversing key knowledge thresholds, it is claimed, can neophytes gain access to the more sophisticated understandings of subject matter possessed by mature members of a discipline. This paper uses thematic analysis of disciplinary guiding principles to identify nine candidate Threshold Concepts that appear to underpin effective TESOL practice. The relationship between these candidate TESOL Threshold Concepts, TESOL principles, and TESOL instructional techniques appears to be amenable to a schematic representation based on superordinate categories of TESOL practitioner concern and, as such, offers an alternative to the view of Threshold Concepts as a privileged subset of disciplinary core concepts. The paper concludes by exploring the potential of a Threshold Concepts framework to productively inform TESOL initial teacher education (ITE) and in-service education and training (INSET).

Keywords: TESOL, threshold concepts, TESOL principles, TESOL ITE/INSET, community of practice

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637 Decolonialism: Addressing Colonial Legacies and Challenging Dominant Narratives

Authors: Patricia Amorim Da Silva

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This paper explores the ongoing process of decolonialism, focusing on addressing the lasting consequences of colonialism. Centred on identity within marginalized communities, the study challenges Eurocentric frameworks and advocates for diverse perspectives. Emphasizing critical self-awareness among researchers regarding biases in their work, decolonialism influences feminist theory and global counter-publics. At its core is the concept of epistemicide, the intentional suppression of knowledge in unequal cultural interactions. Colonial imposition has devalued local knowledge, contributing to cultural loss and undermining autonomy. The paper underscores the importance of reclaiming indigenous knowledge to revitalize local cultures and languages, particularly pertinent to the Brazilian context. This contribution to the discourse on decolonialism underscores the imperative to challenge prevailing narratives and empower historically subordinated communities. The study aspires to advance feminist theory and decolonial studies, fostering a more equitable and inclusive global society.

Keywords: decolonialism, colonial legacies, identity, Eurocentrism, epistemicide

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636 Conflicts and Their Resolutions through Peace-Building: A Roadmap to Africa's Development

Authors: Samuel Omachi

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Since the creation of man, conflicts have remained a part and parcel of the society in spite of all measures adopted to keep them away. Conflicts are globally recognized as impediments of sustainable development and therefore regarded as undesirable, yet they are inevitable. However, some political leaders are better managers of conflicts than others. Those that manage conflicts poorly are backward and far from achieving economic development while efficient managers excel. The states in Africa fall into the category of poor managers of conflicts. Consequently, African continent has gained the notoriety of being the most crisis-ridden and poverty-stricken continent in the world in spite of her enormous resource endowment status. This problematic provided the compelling need for the discourse in the present study. Using the documentary analytical method, the paper x-rays the sources of conflicts, their effects and resolutions through peace education to allow room for economic development. The study concluded that African leaders needed to imbibe the culture of good governance with a key plank of peace building as a sine-qua-non for breaking the jinx that has tied the continent down to enable her catch up with her contemporaries in other parts of the competitive world.

Keywords: conflicts, resolutions, peace-building, development

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635 Syntactic Ambiguity and Syntactic Analysis: Transformational Grammar Approach

Authors: Olufemi Olupe

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Within linguistics, various approaches have been adopted to the study of language. One of such approaches is the syntax. The syntax is an aspect of the grammar of the language which deals with how words are put together to form phrases and sentences and how such structures are interpreted in language. Ambiguity, which is also germane in this discourse is about the uncertainty of meaning as a result of the possibility of a phrase or sentence being understood and interpreted in more than one way. In the light of the above, this paper attempts a syntactic study of syntactic ambiguities in The English Language, using the Transformational Generative Grammar (TGG) Approach. In doing this, phrases and sentences were raised with each description followed by relevant analysis. Finding in the work reveals that ambiguity cannot always be disambiguated by the means of syntactic analysis alone without recourse to semantic interpretation. The further finding shows that some syntactical ambiguities structures cannot be analysed on two surface structures in spite of the fact that there are more than one deep structures. The paper concludes that in as much as ambiguity remains in language; it will continue to pose a problem of understanding to a second language learner. Users of English as a second language, must, however, make a conscious effort to avoid its usage to achieve effective communication.

Keywords: language, syntax, semantics, morphology, ambiguity

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634 Family Satisfaction with Neuro-Linguistic Care for Patients with Alzheimer’s Disease

Authors: Sara Sahraoui

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This research studied the effect of Alzheimer's disease (AD) on language information processing in subjects with Alzheimer’s disease (AD) who were bilingual (French and dialectical Arabic). The results show a disorder of certain semantic aspects of their mother tongue (L1). On the other hand, grammatical levels appeared to be relatively unaffected in oral speech in L1 but were disturbed in the second language (L2). In consequence, we constructed a cognitive-language stimulation protocol for bilingual patients (PSCLAB) to respond to this disorder. The efficacy of this protocol in terms of rehabilitation was assessed in 30 such patients through discourse analysis carried out before and after initiating the protocol. The results show that cognitive/language training using the PSCLAB appears to improve the language behaviour of bilingual patients with AD. However, this survey study aims to verify the satisfaction of patients’ relatives with the results of cognitive language training by PSCLAB. We developed a brief instrument to measure the satisfaction of family members. The results report that the patient's relatives are satisfied with the results of cognitive training by PSCLAB.

Keywords: satisfaction, Alzheimer's disease, rehabilitation, levels language

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633 Professional Working Conditions, Mental Health And Mobility In The Hungarian Social Sector Preliminary Findings From A Multi-method Study

Authors: Ágnes Győri, Éva Perpék, Zsófia Bauer, Zsuzsanna Elek

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The aim of the research (funded by Hungarian national grant, NFKI- FK 138315) is to examine the professional mobility, mental health and work environment of social workers with a complex approach. Previous international and Hungarian research has pointed out that those working in the helping professions are strongly exposed to the risk of emotional-mental-physical exhaustion due to stress. Mental and physical strain, as well as lack of coping (can) cause health problems, but its role in career change and high labor turnover has also been proven. Even though satisfaction with working conditions of those employed in the human service sector in the context of the stress burden has been researched extensively, there is a lack of large-sample international and Hungarian domestic studies exploring the effects of profession-specific conditions. Nor has it been examined how the specific features of the social profession and mental health affect the career mobility of the professionals concerned. In our research, these factors and their correlations are analyzed by means of mixed methodology, utilizing the benefits of netnographic big data analysis and a sector-specific quantitative survey. The netnographic analysis of open web content generated inside and outside the social profession offers a holistic overview of the influencing factors related to mental health and the work environment of social workers. On the one hand, the topics and topoi emerging in the external discourse concerning the sector are examined, and on the other hand, focus on mentions and streams of comments regarding the profession, burnout, stress, coping, as well as labor turnover and career changes among social professionals. The analysis focuses on new trends and changes in discourse that have emerged during and after the pandemic. In addition to the online conversation analysis, a survey of social professionals with a specific focus has been conducted. The questionnaire is based on input from the first two research phases. The applied approach underlines that the mobility paths of social professionals can only be understood if, apart from the general working conditions, the specific features of social work and the effects of certain aspects of mental health (emotional-mental-physical strain, resilience) are taken into account as well. In this paper, the preliminary results from this innovative methodological mix are presented, with the aim of highlighting new opportunities and dimensions in the research on social work. A gap in existing research is aimed to be filled both on a methodological and empirical level, and the Hungarian domestic findings can create a feasible and relevant framework for a further international investigation and cross-cultural comparative analysis. Said results can contribute to the foundation of organizational and policy-level interventions, targeted programs whereby the risk of burnout and the rate of career abandonment can be reduced. Exploring different aspects of resilience and mapping personality strengths can be a starting point for stress-management, motivation-building, and personality-development training for social professionals.

Keywords: burnout, mixed methods, netnography, professional mobility, social work

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632 Anti Corruption Conventions in Nigeria: Legal and Administrative Challenges

Authors: Mohammed Albakariyu Kabir

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There is a trend in development discourse to understand and explain the level of corruption in Nigeria, its anti-corruption crusade and why it is failing, as well as its level of compliance with International standards of United Nations Convention against Corruption (UNCAC) & African Union Convention on Converting and Preventing Corruption) to which Nigeria is a signatory. This paper discusses the legal and Constitutional provisions relating to corrupt practices and safeguards in Nigeria, as well as the obstacles to the implementation of these Conventions.The paper highlights the challenges posed to the Anti-Corruption crusade by analysing the loopholes that exist both in administrative structure and in scope of the relevant laws. The paper argues that Nigerian Constitution did not make adequate provisions for the implementation of the conventions, hence a proposal which will ensure adequate provision for implementing the conventions to better the lives of Nigerians. The paper concludes that there is the need to build institutional parameters, adequate constitutional and structural safeguards, as well as to synergise strategies, collaborations and alliances to facilitate the timely domestication and implementation of the conventions.

Keywords: anti-corruption, corruption, convention, domestication, poverty, state parties

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631 Unveiling Cardiovascular and Behavioral Effects of Aerobic Exercise: Insights from Morocco

Authors: Ahmed Boujdad

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Morocco, situated in North Africa and celebrated for its diverse landscapes and vibrant cultural heritage, confronts evolving challenges in the realms of cardiovascular well-being and psychological health. In this context, this article aims to highlight distinctive findings stemming from Moroccan research concerning the effects of aerobic exercise on cardiovascular physiology and psychological states. The discourse will encompass a wide array of subjects, including adaptations in cardiac function due to exercise, management of blood pressure, and vascular well-being tailored to the Moroccan populace. A prominent focal point of the article will be the exploration of the interplay between aerobic exercise and Moroccan behavioral tendencies and socio-cultural influences. The research will delve into the correlations between consistent physical activity and its potential to mitigate stress, anxiety, and depression within the Moroccan framework. This inquiry will also extend to examining how exercise contributes to strengthening the societal tapestry of Morocco, fostering community involvement, and cultivating a sense of holistic wellness.

Keywords: kinesiology, cardiovascular, event-related potential‎, physical activity

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630 Investigation of Online Child Sexual Abuse: An Account of Covert Police Operations Across the Globe

Authors: Shivalaxmi Arumugham

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Child sexual abuse (CSA) has taken several forms, particularly with the advent of internet technologies that provide pedophiles access to their targets anonymously at an affordable rate. To combat CSA which has far-reaching consequences on the physical and psychological health of the victims, a special act, the Protection of Children from Sexual Offences (POCSO) Act, was formulated amongst the existing laws. With its latest amendment criminalizing various online activities about child pornography also known as child sexual abuse materials in 2019, tremendous pressure is speculated on law enforcement to identify offenders online. Effective investigations of CSA cases help in not only to detect perpetrators but also in preventing the re-victimization of children. Understanding the vulnerability of the child population and that the offenders continue to develop stealthier strategies to operate, it is high time that traditional investigation, where the focus is on apprehending and prosecuting the offender, must make a paradigm shift to proactively investigate to prevent victimization at the first place. One of the proactive policing techniques involves understanding the psychology of the offenders and children and operating undercover to catch the criminals before a real child is victimized. With the fundamental descriptive approach to research, the article attempts to identify the multitude of issues associated with the investigation of child sexual abuse cases currently in practice in India. Then, the article contextualizes the various covert operations carried out by numerous law enforcement agencies across the globe. To provide this comprehensive overview, the paper examines various reports, websites, guidelines, protocols, judicial pronouncements, and research articles. Finally, the paper presents the challenges and ethical issues that are to be considered before getting into undercover operations either in the guise of a pedophile or as a child. The research hopes to contribute to the making of standard operating protocols for investigation officers and other relevant policymakers in this regard.

Keywords: child sexual abuse, cybercrime against children, covert police operations, investigation of CSA

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629 The Interfaith Dialogue by William Milne by the First Chinese Study Bible

Authors: Liu Yuan-Jian, Chou Fu-Chu

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The study Bible was published in 1825 after Milne’s death, containing large amounts of paraphrasing, exhortations, notes, and commentaries to facilitate readers' scripture engagement. The methodologies employed include text analysis and discourse analysis. This study shows that to enable Chinese readers, uninitiated in the Gospel and deeply influenced by Confucian ethics and paganism, to understand the Bible and apply it to their daily living, Milne not only paraphrased the verses but also used metaphors and rhetorical techniques for explaining the background information of the Bible, teaching biblical doctrine, combating paganism, and exhorting readers to believe in the Gospel. Moreover, Milne also tries to clarify the scripture in the context of Chinese culture, giving the readers a clear way to put the scripture into practice in their daily living. His exposition had successfully made a breakthrough from the British and Foreign Bible Society's “Without Note or Comment” principle and showed a useful instrument for promoting interfaith dialogue.

Keywords: interfaith dialogue, William Milne, Chinese study Bible, exposition, “Without Note or Comment” principle

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628 Adapting Strategies of Subaltern Counterpublics under Coronavirus-Related Restrictions

Authors: Alisa Sheppental

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The focus of this paper is the impact of coronavirus-related restrictions on the legitimacy and efficacy of subaltern counter publics and political resistance. Both difficulties and alterations of strategies needed to be considered by modern political movements within the counter-public sphere will be illustrated based on recent examples of protests in Hong Kong, Thailand, Belarus, Poland, and France. The dynamics of the modern globalized world have previously required a high level of adaptability, which resulted in a number of new features of modern political resistance in contrast with previous decades, including digitalization of protests and higher involvement of previously fewer active citizens (women, elderly, people with disabilities, etc.) However, a global pandemic situation, along with massive restrictions of daily lives, provide new input for both theoretical and empirical analysis. The following paper represents an attempt to summarize coping and adapting strategies of subaltern counter publics and activist groups under coronavirus-related restrictions.

Keywords: citizenship, political activism, subaltern counterpublics, discourse ethics

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627 The Loss of Oral Performative Semantic Influence of the Qur'an in Its Translations

Authors: Alalddin Al-Tarawneh

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In its literal translation, the Qur’an is frequently subject to misinterpretation as a result of failures to deliver its meaning into any language. This paper relies on the genuine aspect that the Qur’an is an oral performance in its nature; and the objective of any Qur’an translation is to deliver its meaning in English. Therefore, it approaches the translation of the Qur’an beyond the usual formal linguistic approach in order to include an extra-textual factor. This factor is the recitation or oral performance of the Qur’an, that is, tajweed as it is termed in Arabic. The translations used in this paper to apply the suggested approach were carefully chosen to be representative of the problems that exist in many Qur’an translations. These translations are The Meaning of the Holy Quran: Translation and Commentary by Ali (1989), The Meaning of the Glorious Koran by Pickthall (1997/1930), and The Quran: Arabic Text with Corresponding English Meanings by Sahih (2010). Through the examples cited in this paper, it is suggested that the agents involved in producing a ‘translation’ of the Holy Qur’an have to take into account its oral aspect which yields additional senses and meanings that are not being captured by adhering to the words of the ‘written’ discourse. This paper attempts in its translation into English.

Keywords: oral performance, tajweed, Qur'an translation, recitation

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626 Factors That Promote Bystander Intervention in Cases of Sexual Violence

Authors: Avigail Moor

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Sexual violence against women occurs at alarmingly high rates, which have remained steady irrespective of the increased societal awareness of this problem, affecting an upward of 20% of women. It appears that all the public discourse on this topic, including research, prevention programs, and public campaigns have not made a noticeable dent in this prevalence. This calls for new course of action. Raising awareness regarding the preventive role of bystanders might be it. To that end, the present study sought to establish what promotes bystander intervention and what hinders it. Three hundred and twenty-four men and women, ranging in age from 20-40, participated in this study, completing self-report questionnaires on the topics under investigation. Results indicated that the proclivity to intervene as a bystander is impacted by various factors. The most consequential among them is gender, with twice as many women as men, 70% vs 38% respectively, being positively inclined to take action in such cases. Other significant factors included belief in rape myths and having empathy towards perpetrators, which reduced the likelihood of bystander intervention. Holding the attitude that it is possible to freely consent to sex while intoxicated had a similar impact. The discussion addresses various preventive implications.

Keywords: bystander intervention, sexual assault, rape prevention, rape myths

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625 A Genre Analysis of University Lectures

Authors: Lee Kok Yueh, Fatin Hamadah Rahman, David Hassell, Au Thien Wan

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This work reports on a genre based study of lectures at a University in Brunei, Universiti Teknologi Brunei to explore the communicative functions and to gain insight into the discourse. It explores these in three different domains; Social Science, Engineering and Computing. Audio recordings from four lecturers comprising 20 lectures were transcribed and analysed, with the duration of each lecture varying between 20 to 90 minutes. This qualitative study found similar patterns and functions of lectures as those found in existing research amongst which include greetings, housekeeping, or recapping of previous lectures in the lecture introductions. In the lecture content, comprehension check and use of examples or analogies are very prevalent. However, the use of examples largely depend on the lecture content; and the more technical the content, the harder it was for lecturers to provide examples or analogies. Three functional moves are identified in the lecture conclusions; announcement, summary and future plan, all of which are optional. Despite the relatively small sample size, the present study shows that lectures are interactive and there are some consistencies with the delivery of lecture in relation to the communicative functions and genre of lecture.

Keywords: communicative functions, genre analysis, higher education, lectures

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624 Drama, a Microcosm of Life Experiences: An Analysis of Symbolic Order and Social Relationships in Olu Obafemi’s Play

Authors: Victor Ademulegun Arijeniwa

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This is a sociolinguistic study of Olu Obafemi’s Naira Has No Gender as a microcosm of life experiences. The paper assesses how Olu Obafemi’s use of language in the dramatic world serves as both social relationships and symbolic order of communicative roadmap that are capable of yielding well expressed and richly articulated sociolinguistic implications. Being the interface between language and social institutions, sociolinguistics and its application is highly utilitarian in linguistics analysis, especially where the language of a text appears to be deeply tensed, such as found in dramatic texts. The aim of this paper has been (i) to assess the symbolic orderly presentation of form in Olu Obafemi’Naira Has No Gender; (ii) to find out the linguistic elements and textual organization that represent social relationships in Olu Obafemi’s Naira Has No Gender. Using qualitative research design in data generation with insights from John Gumperz Interactional Sociolinguistics Theory with particular reference to contextualization cues and miscommunication, the paper identifies the implication of the dramatic discourse on society.

Keywords: sociolinguistics, Microcosm, contextualisation, miscommunication variable, identity, symbolic order

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623 The Use of the Social Media as a Propaganda Tool from the Political Parties in Europe against the Immigrants

Authors: Gülbuğ Erol, Caner Çakı

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In Europe, it is seen that the immigrant population has increased in recent years. The rapid increase in the immigrant population has led to that some extreme right-wing parties increased their harsh discourse against the immigrants in Europe. In particular, it is seen that some right-wing parties in some European countries have demanded that the immigrant population could be controlled in the countries they are in, and even those immigrants should be removed from their countries. In this process, it is seen that these parties have effectively used social media platforms in the propaganda activities carried out for immigrants in recent years. In particular, the social media has great advantages in that these parties can address to the entire population in the country, apart from the limited masses that political parties address. How these political parties benefit from these advantages has great importance for the political parties to demonstrate their influence in political arena. In this study, it was tried to investigate how and why the extreme right-wing parties in Europe have used social media in their propaganda activities towards immigrant populations in Europe. For this purpose, the political parties of the three German-speaking countries in Europe were elected; Die Nationaldemokratische Partei Deutschlands (NPD) from Germany, Die Freiheitliche Partei Österreichs (FPÖ) from Austria, Die Schweizerische Volkspartei (SVP) from Switzerland. As social media platform, only their Facebook accounts were analyzed in this study. Accounts The political parties selected were examined with content analysis, and that social media was effectively used by extreme right-wing parties for propaganda purposes towards immigrants in Europe revealed.In this process, it is seen that these parties have effectively used social media platforms in the propaganda activities carried out for immigrants in recent years. In particular, the social media has great advantages in that these parties can address to the entire population in the country, apart from the limited masses that political parties address. How these political parties benefit from these advantages has great importance for the political parties to demonstrate their influence in political arena. In Europe, it is seen that the immigrant population has increased in recent years. The rapid increase in the immigrant population has led to that some extreme right-wing parties increased their harsh discourse against the immigrants in Europe. In particular, it is seen that some right-wing parties in some European countries have demanded that the immigrant population should be controlled in the countries they are in, and even those immigrants should be removed from their countries. In this process, it is seen that these parties have effectively used social media platforms in the propaganda activities carried out for immigrants in recent years. In particular, the social media has great advantages in that these parties can address to the entire population in the country, apart from the limited masses that political parties address. How these political parties benefit from these advantages has great importance for the political parties to demonstrate their influence in political arena. In this study, it was tried to investigate how and why the extreme right-wing parties in Europe have used social media in their propaganda activities towards immigrant populations in Europe. For this purpose, the political parties of the three German-speaking countries in Europe were elected; Die Nationaldemokratische Partei Deutschlands (NPD) from Germany, Die Freiheitliche Partei Österreichs (FPÖ) from Austria, Die Schweizerische Volkspartei (SVP) from Switzerland. As social media platform, only their Facebook accounts were analyzed in this study. Accounts The political parties selected were examined with content analysis and that social media was effectively used by extreme right-wing parties for propaganda purposes towards immigrants in Europe revealed.

Keywords: content analysis, political parties, propaganda, social media

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622 Deconstructing Reintegration Services for Survivors of Human Trafficking: A Feminist Analysis of Australian and Thai Government and Non-Government Responses

Authors: Jessica J. Gillies

Abstract:

Awareness of the tragedy that is human trafficking has increased exponentially over the past two decades. The four pillars widely recognised as global solutions to the problem are prevention, prosecution, protection, and partnership between government and non-government organisations. While ‘sex-trafficking’ initially received major attention, this focus has shifted to other industries that conceal broader experiences of exploitation. However, within the regions of focus for this study, namely Australia and Thailand, trafficking for the purpose of sexual exploitation remains the commonly uncovered narrative of criminal justice investigations. In these regions anti-trafficking action is characterised by government-led prevention and prosecution efforts; whereas protection and reintegration practices have received criticism. Typically, non-government organisations straddle the critical chasm between policy and practice; therefore, they are perfectly positioned to contribute valuable experiential knowledge toward understanding how both sectors can support survivors in the post-trafficking experience. The aim of this research is to inform improved partnerships throughout government and non-government post-trafficking services by illuminating gaps in protection and reintegration initiatives. This research will explore government and non-government responses to human trafficking in Thailand and Australia, in order to understand how meaning is constructed in this context and how the construction of meaning effects survivors in the post-trafficking experience. A qualitative, three-stage methodology was adopted for this study. The initial stage of enquiry consisted of a discursive analysis, in order to deconstruct the broader discourses surrounding human trafficking. The data included empirical papers, grey literature such as publicly available government and non-government reports, and anti-trafficking policy documents. The second and third stages of enquiry will attempt to further explore the findings of the discourse analysis and will focus more specifically on protection and reintegration in Australia and Thailand. Stages two and three will incorporate process observations in government and non-government survivor support services, and semi-structured interviews with employees and volunteers within these settings. Two key findings emerged from the discursive analysis. The first exposed conflicting feminist arguments embedded throughout anti-trafficking discourse. Informed by conflicting feminist discourses on sex-work, a discursive relationship has been constructed between sex-industry policy and anti-trafficking policy. In response to this finding, data emerging from the process observations and semi-structured interviews will be interpreted using a feminist theoretical framework. The second finding progresses from the construction in the first. The discursive construction of sex-trafficking appears to have had influence over perceptions of the legitimacy of survivors, and therefore the support they receive in the post-trafficking experience. For example; women who willingly migrate for employment in the sex-industry, and on arrival are faced with exploitative conditions, are not perceived to be deserving of the same support as a woman who is not coerced, but rather physically forced, into such circumstances, yet both meet the criteria for a victim of human trafficking. The forthcoming study is intended to contribute toward building knowledge and understanding around the implications of the construction of legitimacy; and contextualise this in reference to government led protection and reintegration support services for survivors in the post-trafficking experience.

Keywords: Australia, government, human trafficking, non-government, reintegration, Thailand

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621 The Construction of Healthy Bodies in U.S. and China: A Comparative Analysis of Women's Health and Trends Health

Authors: Yang L. Frances

Abstract:

Women's health and wellness has been becoming an increasingly important issue in mass media in the age of globalization. In this context, the current research focuses on comparing the construction of healthy bodies in women's health magazines of China and U.S. Trends Health in China and Women's Health in U.S are chosen. Textual analysis and in depth interviews are combined to examine how the healthy bodies are constructed in two magazines through discursive strategies. The interviews with the Deputy Editorial Director, Creative Director and Senior Visual Design of two magazines are undertaken to make the further comparisons. In both Trends Health and Women's Health, women's subjectivity is realized in the construction of ideal healthy body; nevertheless in the process of constructing healthy body, the disciplinary practices imposed on women's bodies are different in two magazines. This paper argues that women's health magazines in both China and America provide an alternative discourse to speak their voices on the one hand, but on the other hand, Women's Health and Trends Health construct the healthy body through disparate disciplinary practices because of the different socio-cultural contexts in two societies.

Keywords: healthy body, women's health magazines, Foucault, textual analysis

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620 Foregrounding Events in Modern Sundanese: The Pragmatics of Particle-to-Active Voice Marking Shift

Authors: Rama Munajat

Abstract:

Discourse information levels may be viewed from either a background-foreground distinction or a multi-level perspective, and cross-linguistic studies on this area suggest that each information level is marked by a specific linguistic device. In this sense, Sundanese, spoken in Indonesia’s West Javanese Province, further differentiates the background and foreground information into ordinary and significant types. This paper will report an ongoing shift from particle-to-active voice marking in the way Sundanese signals foregrounding events. The shift relates to decades of contact with Bahasa Indonesia (Indonesia’s official language) and linguistic compatibility between the two surface marking strategies. Representative data analyzed include three groups of short stories in both Sundanese and Bahasa Indonesia (Indonesian) published in three periods: before 1945, 1965-2006, and 2016-2019. In the first group of Sundanese data, forward-moving events dominantly appear in particle KA (Kecap Anteuran, word-accompanying) constructions, where the KA represents different particles that co-occur with a special group of verbs. The second group, however, shows that the foregrounded events are more frequently described in active-voice forms with a subject-predicate (SP) order. Subsequently, the third offers stronger evidence for the use of the SP structure. As for the Indonesian data, the foregrounding events in the first group occur in verb-initial and passive-voice constructions, while in the second and third, the events more frequently appear in active-voice structures (subject-predicate sequence). The marking shift above suggests a structural influence from Indonesian, stemmed from generational differences among authors of the Sundanese short stories, particularly related to their education and language backgrounds. The first group of short stories – published before 1945 or before Indonesia's independence from Dutch – were written by native speakers of Sundanese who spoke Indonesian as a foreign language and went through the Dutch education system. The second group of authors, on the other hand, represents a generation of Sundanese native speakers who spoke Indonesian as a second language. Finally, the third group consists of authors who are bilingual speakers of both Sundanese and Indonesian. The data suggest that the last two groups of authors completed the Indonesian education system. With these, the use of subject-predicate sequences to denote foregrounding events began to appear more frequently in the second group and then became more dominant in those of the third. The coded data also signify that cohesion, coherence, and pragmatic purposes in Particle KA constructions are intact in their respective active-voice structure counterparts. For instance, the foregrounding events in Particle KA constructions occur in Sentence-initial KA and Pre-verbal KA forms, whereas those in the active-voice are described in Subject-Predicate (SP) and Zero-Subject active-voice patterns. Cross-language data further demonstrate that the Sentence-initial KA and the SP active-voice structures each contain an overt noun phrase (NP) co-referential with one of the entities introduced in a preceding context. Similarly, the pre-verbal KA and Zero-Subject active-voice patterns have a deleted noun phrase unambiguously referable to the only one entity previously mentioned. The presence and absence of an NP inform a pragmatic strategy to place prominence on topic/given and comment/new information, respectively.

Keywords: discourse analysis, foregrounding marking, pragmatics, language contact

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619 The Conflict between Empowerment and Exploitation: The Hypersexualization of Women in the Media

Authors: Seung Won Park

Abstract:

Pornographic images are becoming increasingly normalized as innovations in media technology arise, the porn industry explosively grows, and transnational capitalism spreads due to government deregulation and privatization of media. As the media evolves, pornography has become more and more violent and non-consensual; this growth of ‘raunch culture’ reifies the traditional power balance between men and women in which men are dominant, and women are submissive. This male domination objectifies and commodifies women, reducing them to merely sexual objects for the gratification of men. Women are exposed to pornographic images at younger and younger ages, providing unhealthy sexual role models and teaching them lessons on sexual behavior before the onset of puberty. The increasingly sexualized depiction of women in particular positions them as appropriately desirable and available to men. As a result, women are not only viewed as sexual prey but also end up treating themselves primarily as sexual objects, basing their worth off of their sexuality alone. Although many scholars are aware of and have written on the great lack of agency exercised by women in these representations, the general public tends to view some of these women as being empowered, rather than exploited. Scholarly discourse is constrained by the popular misconception that the construction of women’s sexuality in the media is controlled by women themselves.

Keywords: construction of gender, hypersexualization, media, objectification

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618 Revisiting the Jurisprudence of the Appellate Courts on the Jurisdiction of the Shari'ah Court of Appeal under Selected Nigerian Constitutions

Authors: Dahiru Jafaru Usman

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Nigerian courts have been sanctioned by a plethora of authorities to always employ the literal rule in interpreting statutes where the language of the statute is clear and unambiguous. This cardinal rule of interpretation appears not to be employed on Shari'ah issues in Nigeria. This is more pronounced in the interpretation of the jurisdiction of the Shari'ah Court of Appeal (hereinafter the court). The paper doctrinally assesses the judicial attitude of Nigerian appellate courts towards the construction of Section 277 of the 1999 Constitution as amended and other relevant statutory enactments by the State Houses of Assembly. The paper argues that a careful examination of the wordings of the constitution on the jurisdiction of the court literally reveals the intention of the constitutional drafters empowering the National Assembly and States' House of Assemblies to add to the itemised jurisdictional areas of the court other matters not mentioned. The paper found that the appellate courts failed in their construction of the constitutional provisions to accord the words and phrases used in the establishment, jurisdiction, and quorum sections of the court their ordinary and grammatical meaning. This results in consistent limitation of the jurisdiction of the court to matters of Islamic personal law. This remains so even when Decree No. 26 of 1986 was in force suspending and amending the provisions of the 1979 Constitution deleting the word 'personal' in the suspended Nigerian Constitutions. In order not to render section 277 futile, the paper recommends that appellate courts in Nigeria should as required by rules of statutory interpretation adopt literal and ordinary grammatical meaning in interpreting constitutional provisions on the jurisdiction of the court. It is further recommended that appellate courts must interpret the provisions of the 1999 constitution in a manner not to frustrate the several decades' yearnings of the Muslims for a court that would hear all their appellate criminal and civil matters on the path of Shari'ah from the lowest court to the highest. This is a duty the Nigerian Supreme Court placed on their shoulders.

Keywords: interpretation of statutes, jurisdiction, literal rule, Nigeria, Shari'ah Court of Appeal, 1999 Constitution

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617 An Exploratory Case Study of Pre-Service Teachers' Learning to Teach Mathematics to Culturally Diverse Students through a Community-Based After-School Field Experience

Authors: Eugenia Vomvoridi-Ivanovic

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It is broadly assumed that participation in field experiences will help pre-service teachers (PSTs) bridge theory to practice. However, this is often not the case since PSTs who are placed in classrooms with large numbers of students from diverse linguistic, cultural, racial, and ethnic backgrounds (culturally diverse students (CDS)) usually observe ineffective mathematics teaching practices that are in contrast to those discussed in their teacher preparation program. Over the past decades, the educational research community has paid increasing attention to investigating out-of-school learning contexts and how participation in such contexts can contribute to the achievement of underrepresented groups in Science, Technology, Engineering, and mathematics (STEM) education and their expanded participation in STEM fields. In addition, several research studies have shown that students display different kinds of mathematical behaviors and discourse practices in out-of-school contexts than they do in the typical mathematics classroom since they draw from a variety of linguistic and cultural resources to negotiate meanings and participate in joint problem solving. However, almost no attention has been given to exploring these contexts as field experiences for pre-service mathematics teachers. The purpose of this study was to explore how participation in a community based after-school field experience promotes understanding of the content pedagogy concepts introduced in elementary mathematics methods courses, particularly as they apply to teaching mathematics to CDS. This study draws upon a situated, socio-cultural theory of teacher learning that centers on the concept of learning as situated social practice, which includes discourse, social interaction, and participation structures. Consistent with exploratory case study methodology, qualitative methods were employed to investigate how a cohort of twelve participating pre-service teacher's approach to pedagogy and their conversations around teaching and learning mathematics to CDS evolved through their participation in the after-school field experience, and how they connected the content discussed in their mathematics methods course with their interactions with the CDS in the after-school. Data were collected over a period of one academic year from the following sources: (a) audio recordings of the PSTs' interactions with the students during the after-school sessions, (b) PSTs' after-school field-notes, (c) audio-recordings of weekly methods course meetings, and (d) other document data (e.g., PST and student generated artifacts, PSTs' written course assignments). The findings of this study reveal that the PSTs benefitted greatly through their participation in the after-school field experience. Specifically, after-school participation promoted a deeper understanding of the content pedagogy concepts introduced in the mathematics methods course and gained a greater appreciation for how students learn mathematics with understanding. Further, even though many of PSTs' assumptions about the mathematical abilities of CDS were challenged and PSTs began to view CDSs' cultural and linguistic backgrounds as resources (rather than obstacles) for learning, some PSTs still held negative stereotypes about CDS and teaching and learning mathematics to CDS in particular. Insights gained through this study contribute to a better understanding of how informal mathematics learning contexts may provide a valuable context for pre-service teacher's learning to teach mathematics to CDS.

Keywords: after-school mathematics program, pre-service mathematical education of teachers, qualitative methods, situated socio-cultural theory, teaching culturally diverse students

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