Search results for: legal anthropocentrism argument
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1911

Search results for: legal anthropocentrism argument

1161 The Case for Reparations: Systemic Injustice and Human Rights in the United States

Authors: Journey Whitfield

Abstract:

This study investigates the United States' ongoing violation of Black Americans' fundamental human rights, as evidenced by mass incarceration, social injustice, and economic deprivation. It argues that the U.S. contravenes Article 9 of the International Covenant on Civil and Political Rights through policies that uphold systemic racism. The analysis dissects current practices within the criminal justice system, social welfare programs, and economic policy, uncovering the racially disparate impacts of seemingly race-neutral policies. This study establishes a clear lineage between past systems of oppression – slavery and Jim Crow – and present-day racial disparities, demonstrating their inextricable link. The thesis proposes that only a comprehensive reparations program for Black Americans can begin to redress these systemic injustices. This program must transcend mere financial compensation, demanding structural reforms within U.S. institutions to dismantle systemic racism and promote transformative justice. This study explores potential forms of reparations, drawing upon historical precedents, comparative case studies from other nations, and contemporary debates within political philosophy and legal studies. The research employs both qualitative and quantitative methods. Qualitative methods include historical analysis of legal frameworks and policy documents, as well as discourse analysis of political rhetoric. Quantitative methods involve statistical analysis of socioeconomic data and criminal justice outcomes to expose racial disparities. This study makes a significant contribution to the existing literature on reparations, human rights, and racial injustice in the United States. It offers a rigorous analysis of the enduring consequences of historical oppression and advocates for bold, justice-centered solutions.

Keywords: Black Americans, reparations, mass incarceration, racial injustice, human rights, united states

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1160 The Theory of Domination at the Bane of Conflict Resolution and Peace Building Processes in Cameroon

Authors: Nkatow Mafany Christian

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According to UNHCR’s annual Database, humanitarian crises have globally been on the increase since the beginning of the 21st Century, especially in the Middle East and in Sub-Saharan Africa. Cameroon is one of the countries that has suffered tremendously from humanitarian challenges in recent years, especially with crises in the Far North, the East and its Two English-speaking Regions. These have been a result of failed mechanisms in conflict resolution peacebuilding by the government. The paper draws from this basic premise to argue that the failure to reach a consensus in order to curb internal conflicts has largely been due to the government’s attachment to the domineering attitude which emphasizes an imposition of peace terms by a superordinate (government) agency on the subordinate (aggrieved) entities. This has stalled peace efforts that have so far been engaged to address the dreaded armed conflicts in the North and South West Regions, leading to the persistence of the armed conflict. The paper exploits written, oral and online sources to sustain its argument. It suggests that an eclectic approach to resolving conflicts, which emphasizes open and frank dialogue as well as a review of the root causes, can go a long way not only to build trust but also to address the Anglophone-Cameroonian problems in Cameroon.

Keywords: conflict, conflict resolution, peace building, humanitarian crisis

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1159 Password Cracking on Graphics Processing Unit Based Systems

Authors: N. Gopalakrishna Kini, Ranjana Paleppady, Akshata K. Naik

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Password authentication is one of the widely used methods to achieve authentication for legal users of computers and defense against attackers. There are many different ways to authenticate users of a system and there are many password cracking methods also developed. This paper is mainly to propose how best password cracking can be performed on a CPU-GPGPU based system. The main objective of this work is to project how quickly a password can be cracked with some knowledge about the computer security and password cracking if sufficient security is not incorporated to the system.

Keywords: GPGPU, password cracking, secret key, user authentication

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1158 The Impact of Artificial Intelligence on Legislations and Laws

Authors: Keroles Akram Saed Ghatas

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The near future will bring significant changes in modern organizations and management due to the growing role of intangible assets and knowledge workers. The area of copyright, intellectual property, digital (intangible) assets and media redistribution appears to be one of the greatest challenges facing business and society in general and management sciences and organizations in particular. The proposed article examines the views and perceptions of fairness in digital media sharing among Harvard Law School's LL.M.s. Students, based on 50 qualitative interviews and 100 surveys. The researcher took an ethnographic approach to her research and entered the Harvard LL.M. in 2016. at, a Face book group that allows people to connect naturally and attend in-person and private events more easily. After listening to numerous students, the researcher conducted a quantitative survey among 100 respondents to assess respondents' perceptions of fairness in digital file sharing in various contexts (based on media price, its availability, regional licenses, copyright holder status, etc.). to understand better . .). Based on the survey results, the researcher conducted long-term, open-ended and loosely structured ethnographic interviews (50 interviews) to further deepen the understanding of the results. The most important finding of the study is that Harvard lawyers generally support digital piracy in certain contexts, despite having the best possible legal and professional knowledge. Interestingly, they are also more accepting of working for the government than the private sector. The results of this study provide a better understanding of how “fairness” is perceived by the younger generation of lawyers and pave the way for a more rational application of licensing laws.

Keywords: cognitive impairments, communication disorders, death penalty, executive function communication disorders, cognitive disorders, capital murder, executive function death penalty, egyptian law absence, justice, political cases piracy, digital sharing, perception of fairness, legal profession

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1157 Experiences of Online Opportunities and Risks: Examining Internet Use and Digital Literacy of Young People in Nigeria

Authors: Isah Yahaya Aliyu

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Research on Internet use has often approached beneficial uses (online opportunities) of the Internet as separate from the risky encounters (online risks) of young people online. However, empirical evidence from diverse contexts appears to increasingly support the fusion of the two sets of online activities. Hence, the current research investigates the correlation between Internet use (IU) and digital literacy (DL) with online opportunities (OP) and risks (OR), using data from a Nigerian context, where there appears a paucity of research and literature on integrating opportunities and risks in the same study. A web-based data collection method was used to administer a survey to 335 undergraduate students in Northeastern Nigeria. Underpinned to Livingstone and Helsper model, findings are largely consistent with existing literature; IU and DL influence OP (R2 = 0.791, SE = 0.265, F-Stats = 626.566, P-value <.001), equally IU and DL influence OR as well (R2 = 0.343, SE = 0.465, F-Stats = 86.671, P-value <.001). OP and OR were found to strongly correlate positively (r = .667, n = 335, p < 0.01). This study has provided buttressing evidence from a Nigerian context of the fusion of benefits and risks of the Internet among young people. It has also upheld the argument for improved literacy as strategy for minimizing risks/harm rather than restricting use. Other theoretical and policy implications of the findings have been discussed in line with local and global debates about the Internet and its attendant effects.

Keywords: digital, internet, literacy, opportunities, risks

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1156 A Study on the Effectiveness of Translanguaging in EFL Classrooms: The Case of First-year Japanese University Students

Authors: Malainine Ebnou

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This study investigates the effectiveness of using translanguaging techniques in EFL classrooms. The interest in this topic stems from the lack of research on the effectiveness of translanguaging techniques in foreign language learning, both domestically in Japan and globally, as research has focused on translanguaging from a teaching perspective but not much on it from a learning perspective. The main question that the study departs from is whether students’ use of translanguaging techniques can produce better learning outcomes when used at the university level. The sample population of the study is first-year Japanese university students. The study takes an experimental approach where translanguaging is introduced to one group, the experimental group, and withheld from another group, the control group. Both groups will then be assessed and compared to see if the use of translanguaging has had a positive impact on learning. The impact of the research could be in three ways: challenging the prevailing argument that using learners' mother tongue in the classroom is detrimental to the learning process, challenging native speaker-centered approaches in the EFL field, and arguing that translanguaging in EFL classrooms can produce more meaningful learning outcomes. If the effectiveness of translanguaging is confirmed, it will be possible to promote the use of translanguaging in English learning at Japanese universities and contribute to the improvement of students' English, and even lay the foundations for extending the use of translanguaging to people of other ages/nationalities and other languages in the future.

Keywords: translanguaging, EFL, language learning and teaching, applied linguistics

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1155 Bodies in Transit: The African Woman and Migration Ordeals

Authors: Okikiola Olusanu

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The us/other relationship between the colonizer and the colonized, which continues to inform the oppression of Africans and highlights the intersectional oppression of postcolonial African women because of the colonialization of the identity of African women, inspired this poem. It reflects 'the body' and the 'embodied' as it journeys through the constructed distance between the white feminine body and colonized bodies in the context of travel. Through vivid imagery, repetition, and powerful language, this poem analyzes the effect of otherness on African women as they struggle with their internalized otherness and a poor sense of belonging, which hinges on the politics of difference which makes it impossible to complement the sameness of another within the liminal space of transition. This poem examines the discourse on the complexities of migration for the African woman by critically examining bodies, space, mobility, and how they interact. Our focus is on their relationship and how it affects African women's place and pace when moving to and through the First World. Through literary and feminist perspectives, this study aims to represent the portrait of the African woman and to decolonize the concept of border. It seeks to address the uniqueness of the African woman’s body, not as the same or different, but as distinct and wholesome to foster fairness, friendship, belonging, and equity in travel. To develop our argument and to establish our findings, we look at the dynamics of the oppression of the postcolonial African woman's body and her resistance.

Keywords: body, identity, African woman, decolonization

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1154 Governance vs Diaspora Remittances for Sustainable Development: A Case of Rwanda and Kenya

Authors: Albert Maake, Ifunanya Isama

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International remittances to developing countries reached US$ 485 billion in 2018. By 2015, the East African region had surpassed US$3.5 mark. Considering this, there is no argument as to the contribution of Diaspora remittances as an alternative source of funds in the development process of the developing countries. Nevertheless, this paper seeks to argue that good governance in areas such as policy design, implementation and monitoring play a critical role in the sustainable development process of a nation as opposed to Diaspora remittances in general. Therefore this study intends at analyzing the contribution of Governance as opposed to that of Diaspora remittances for nation development. Employing documentary analysis technique, the secondary data with respect to the countries under study on Diaspora remittances will be collected. Selected indicators for Governance-HDI, Debt-to-GDP Ratio and Corruption Index, will be sourced from the World Bank Data for the purpose of consistency and where applicable the Central Statistical Agencies of the Nations under study. By means of descriptive statistics and content analysis the data will be comparatively analyzed to highlight the unique experiences in Rwanda and Kenya. The findings and interpretations from the study will affirm and promote capacity building for best practices in good governance for the countries under study.

Keywords: diaspora remittance, governance, Kenya, Rwanda, sustainable development

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1153 Property Rights and Trade Specialization

Authors: Sarma Binti Aralas

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The relationship between property rights and trade specialization is examined for developing and developed countries using panel data analysis. Property rights is measured using the international property rights index while trade specialization is measured using the comparative advantage index. Cross country differences in property rights are hypothesized to lead to differences in trade specialization. Based on the argument that a weak protection of natural resources implies greater trade in resource-intensive goods, developing countries with less defined property rights are hypothesized to have a comparative advantage in resource-based exports while countries with more defined property rights will not have an advantage in resource-intensive goods. Evidence suggests that developing countries with weaker environmental protection index but are rich in natural resources do specialize in the trade of resource-intensive goods. The finding suggests that institutional frameworks to increase the stringency of environmental protection of resources may be needed to diversify exports away from the trade of resource-intensive goods.

Keywords: environmental protection, panel data, renewable resources, trade specialization

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1152 Data Monetisation by E-commerce Companies: A Need for a Regulatory Framework in India

Authors: Anushtha Saxena

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This paper examines the process of data monetisation bye-commerce companies operating in India. Data monetisation is collecting, storing, and analysing consumers’ data to use further the data that is generated for profits, revenue, etc. Data monetisation enables e-commerce companies to get better businesses opportunities, innovative products and services, a competitive edge over others to the consumers, and generate millions of revenues. This paper analyses the issues and challenges that are faced due to the process of data monetisation. Some of the issues highlighted in the paper pertain to the right to privacy, protection of data of e-commerce consumers. At the same time, data monetisation cannot be prohibited, but it can be regulated and monitored by stringent laws and regulations. The right to privacy isa fundamental right guaranteed to the citizens of India through Article 21 of The Constitution of India. The Supreme Court of India recognized the Right to Privacy as a fundamental right in the landmark judgment of Justice K.S. Puttaswamy (Retd) and Another v. Union of India . This paper highlights the legal issue of how e-commerce businesses violate individuals’ right to privacy by using the data collected, stored by them for economic gains and monetisation and protection of data. The researcher has mainly focused on e-commerce companies like online shopping websitesto analyse the legal issue of data monetisation. In the Internet of Things and the digital age, people have shifted to online shopping as it is convenient, easy, flexible, comfortable, time-consuming, etc. But at the same time, the e-commerce companies store the data of their consumers and use it by selling to the third party or generating more data from the data stored with them. This violatesindividuals’ right to privacy because the consumers do not know anything while giving their data online. Many times, data is collected without the consent of individuals also. Data can be structured, unstructured, etc., that is used by analytics to monetise. The Indian legislation like The Information Technology Act, 2000, etc., does not effectively protect the e-consumers concerning their data and how it is used by e-commerce businesses to monetise and generate revenues from that data. The paper also examines the draft Data Protection Bill, 2021, pending in the Parliament of India, and how this Bill can make a huge impact on data monetisation. This paper also aims to study the European Union General Data Protection Regulation and how this legislation can be helpful in the Indian scenarioconcerning e-commerce businesses with respect to data monetisation.

Keywords: data monetization, e-commerce companies, regulatory framework, GDPR

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1151 Western and Eastern Ways of Special Warfare: The Strategic History of Special Operations from Western and Eastern Sources

Authors: Adam Kok Wey Leong

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Special operations were supposedly a new way of irregular warfare that was officially formed during World War 2. For example, the famous British Special Operations Executive (SOE) and the Americans’ Office for Strategic Services (OSS) – the forerunners of modern day CIA were born in World War 2. These special operations units were tasked with the conduct of sabotage and subversion activities behind enemy lines, placing great importance in forming Fifth Column activities and supporting resistance movements. This pointed to a paradoxical argument that modern day special operations is a product of Western modern military innovation but utilizing Eastern ways of ‘ungentlemanly’ warfare. This thesis is superfluous as special operations had been well practised by both ancient Western empires such as the Greeks and Romans, and around the same time in the East, such as in China, and Japan. This paper will describe the practice of special operations, first from the Western military history of the Greeks during the Peloponnesian war. It will then highlight the similar practice of special operations by the Near Eastern Assassins and Eastern militaries by using examples from the Chinese and the Japanese. This paper propounds that special operations, or ways of warfare as a whole, has no cultural and geographical divide, but rather very similarly practiced by men from all over the world. Ideas of fighting, killing and ultimately winning a war have similar undertones – attempts to find ways to win economically and at the least time.

Keywords: special operations, strategic culture, ways of warfare, Sun Tzu, Frontinus

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1150 Attaining Financial Efficiency through Funds Utilization

Authors: Muhammad Shujaat Saleem, Imamuddin

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In reply to the argument made by the non-believers of Makkah “Sale is similar to riba”, Almighty Allah ordered “Sale is permissible while riba is impermissible”. The main intent of the study was to clarify the fallacy prevailing among the Muslims that in practical terms the product of Murabaha which is being offered by the Islamic banks is similar to that of conventional interest based business loan. However, specific objective was to ascertain the degree of financial efficiency on the basis of fund/loan utilization for intended purpose of Murabaha financing vis-à-vis conventional interest based business loan. The study employed survey strategy to collect primary data through structured close ended questionnaires from the sample of 98 Murabaha officers and 178 loan officers out of the whole population of 5 Islamic and 10 conventional banks respectively. Quantitative and qualitative techniques were used to analyze the data and the same is tabulated by use of frequency tables. The study found that the financial efficiency of Murabaha financing is more than that of conventional interest based business loan by 28% as Murabaha funds of Islamic banks are utilized for its intended purpose to the extent of 97% on average, compared to 69% of business loan offered by conventional banks.

Keywords: financial efficiency, murabaha funds, loan amount, intended purpose

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1149 The Analysis of Indian Culture through the Lexicographical Discourse of Hindi-French Dictionary

Authors: Tanzil Ansari

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A dictionary is often considered as a list of words, arranged in alphabetical orders, providing information on a language or languages and it informs us about the spelling, the pronunciation, the origin, the gender and the grammatical functions of new and unknown words. In other words, it is first and foremost a linguistic tool. But, the research across the world in the field of linguistic and lexicography proved that a dictionary is not only a linguistic tool but also a cultural product through which a lexicographer transmits the culture of a country or a linguistic community from his or her ideology. It means, a dictionary does not present only language and its metalinguistic functions but also its culture. Every language consists of some words and expressions which depict the culture of its language. In this way, it is impossible to disassociate language from its culture. There is always an ideology that plays an important role in the depiction of any culture. Using the orientalism theory of Edward Said to represent the east, the objective of the present research is to study the representation of Indian culture through the lexicographical discourse of Hindi-French Dictionary of Federica Boschetti, a French lexicographer. The results show that the Indian culture is stereotypical and monolithic. It also shows India as male oriented country where women are exploited by male-dominated society. The study is focused on Hindi-French dictionary, but its line of argument can be compared to dictionaries produced in other languages.

Keywords: culture, dictionary, lexicographical discourse, stereotype image

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1148 Bilingual Creative Education: Empirical Findings

Authors: Anatoliy Kharkhurin

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This presentation picks up on a widely discussed topic in both multilingualism and creativity research that comes from pedagogical considerations. The research conducted by the author over last 10 years has delivered a solid argument that speaking more than one language facilitates an individual’s creative capacities. The author has expanded the scope of his research and implemented these findings in education. After reviewing the empirical evidence concerning a relationship between multilingual practice and creative behavior, he proposes a new program that includes teaching strategies from both fields, a unified Bilingual Creative Education program. The program is grounded in several conceptual premises. Specifically, it aims at facilitation of the overall linguistic, intellectual and creative competences of young children regardless of their intellectual and creative predispositions thereby meeting the recommendations of a number of governmental policies. It is designed for both migrants who speak their native language and attempt to acquire the language of the migration country and autochthones who want to acquire a foreign language simultaneously with their mother tongue. The purpose of the program is to introduce students to a school curriculum in two languages and to foster four defining aspects of creativity, novelty, utility, aesthetics and authenticity. To accomplish this goal, the program utilizes the holistic approach which combines cognitive, personal and environmental factors in education. The presentation discusses the empirical findings for the implementation of the program.

Keywords: bilingualism, creativity, education, autochthones

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1147 What Happens When We Try to Bridge the Science-Practice Gap? An Example from the Brazilian Native Vegetation Protection Law

Authors: Alice Brites, Gerd Sparovek, Jean Paul Metzger, Ricardo Rodrigues

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The segregation between science and policy in decision making process hinders nature conservation efforts worldwide. Scientists have been criticized for not producing information that leads to effective solutions for environmental problems. In an attempt to bridge this gap between science and practice, we conducted a project aimed at supporting the implementation of the Brazilian Native Vegetation Protection Law (NVPL) implementation in São Paulo State (SP), Brazil. To do so, we conducted multiple open meetings with the stakeholders involved in this discussion. Throughout this process, we raised stakeholders' demands for scientific information and brought feedbacks about our findings. However, our main scientific advice was not taken into account during the NVPL implementation in SP. The NVPL has a mechanism that exempts landholders who converted native vegetation without offending the legislation in place at the time of the conversion from restoration requirements. We found out that there were no accurate spatialized data for native vegetation cover before the 1960s. Thus, the initial benchmark for the mechanism application should be the 1965 Brazilian Forest Act. Even so, SP kept the 1934 Brazilian Forest Act as the initial legal benchmark for the law application. This decision implies the use of a probabilistic native vegetation map that has uncertainty and subjectivity as its intrinsic characteristics, thus its use can lead to legal queries, corruption, and an unfair benefit application. But why this decision was made even after the scientific advice was vastly divulgated? We raised some possible reasons to explain it. First, the decision was made during a government transition, showing that circumstantial political events can overshadow scientific arguments. Second, the debate about the NVPL in SP was not pacified and powerful stakeholders could benefit from the confusion created by this decision. Finally, the native vegetation protection mechanism is a complex issue, with many technical aspects that can be hard to understand for a non-specialized courtroom, such as the one that made the final decision at SP. This example shows that science and decision-makers still have a long way ahead to improve their way to interact and that science needs to find its way to be heard above the political buzz.

Keywords: Brazil, forest act, science-based dialogue, science-policy interface

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1146 Owning (up to) the 'Art of the Insane': Re-Claiming Personhood through Copyright Law

Authors: Mathilde Pavis

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From Schumann to Van Gogh, Frida Kahlo, and Ray Charles, the stories narrating the careers of artists with physical or mental disabilities are becoming increasingly popular. From the emergence of ‘pathography’ at the end of 18th century to cinematographic portrayals, the work and lives of differently-abled creative individuals continue to fascinate readers, spectators and researchers. The achievements of those artists form the tip of the iceberg composed of complex politico-cultural movements which continue to advocate for wider recognition of disabled artists’ contribution to western culture. This paper envisages copyright law as a potential tool to such end. It investigates the array of rights available to artists with intellectual disabilities to assert their position as authors of their artwork in the twenty-first-century looking at international and national copyright laws (UK and US). Put simply, this paper questions whether an artist’s intellectual disability could be a barrier to assert their intellectual property rights over their creation. From a legal perspective, basic principles of non-discrimination would contradict the representation of artists’ disability as an obstacle to authorship as granted by intellectual property laws. Yet empirical studies reveal that artists with intellectual disabilities are often denied the opportunity to exercise their intellectual property rights or any form of agency over their work. In practice, it appears that, unlike other non-disabled artists, the prospect for differently-abled creators to make use of their right is contingent to the context in which the creative process takes place. Often will the management of such rights rest with the institution, art therapist or mediator involved in the artists’ work as the latter will have necessitated greater support than their non-disabled peers for a variety of reasons, either medical or practical. Moreover, the financial setbacks suffered by medical institutions and private therapy practices have renewed administrators’ and physicians’ interest in monetising the artworks produced under their supervision. Adding to those economic incentives, the rise of criminal and civil litigation in psychiatric cases has also encouraged the retention of patients’ work by therapists who feel compelled to keep comprehensive medical records to shield themselves from liability in the event of a lawsuit. Unspoken transactions, contracts, implied agreements and consent forms have thus progressively made their way into the relationship between those artists and their therapists or assistants, disregarding any notions of copyright. The question of artists’ authorship finds itself caught in an unusually multi-faceted web of issues formed by tightening purse strings, ethical concerns and the fear of civil or criminal liability. Whilst those issues are playing out behind closed doors, the popularity of what was once called the ‘Art of the Insane’ continues to grow and open new commercial avenues. This socio-economic context exacerbates the need to devise a legal framework able to help practitioners, artists and their advocates navigate through those issues in such a way that neither this minority nor our cultural heritage suffers from the fragmentation of the legal protection available to them.

Keywords: authorship, copyright law, intellectual disabilities, art therapy and mediation

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1145 Evaluating the Evolution of Public Art across the World and Exploring Its Growth in Urban India

Authors: Mitali Kedia, Parul Kapoor

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Public Art is a tool with the power to enrich and enlighten any place; it has been accepted and welcomed effortlessly by many cultures around the World. In this paper, we discuss the implications Public Art has had on the society and how it has evolved over the years, and how in India, art in this aspect is still overlooked and treated as an accessory. Urban aesthetics are still substantially limited to the installation of deities, political figures, and so on. The paper also discusses various possibilities and opportunities on how Public Art can boost a society; it also suggests a framework that can be incorporated in the legal system of the country to make it a part of the city development process.

Keywords: public art, urban fabric, placemaking, community welfare, public art program, imageability

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1144 Emotional Artificial Intelligence and the Right to Privacy

Authors: Emine Akar

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The majority of privacy-related regulation has traditionally focused on concepts that are perceived to be well-understood or easily describable, such as certain categories of data and personal information or images. In the past century, such regulation appeared reasonably suitable for its purposes. However, technologies such as AI, combined with ever-increasing capabilities to collect, process, and store “big data”, not only require calibration of these traditional understandings but may require re-thinking of entire categories of privacy law. In the presentation, it will be explained, against the background of various emerging technologies under the umbrella term “emotional artificial intelligence”, why modern privacy law will need to embrace human emotions as potentially private subject matter. This argument can be made on a jurisprudential level, given that human emotions can plausibly be accommodated within the various concepts that are traditionally regarded as the underlying foundation of privacy protection, such as, for example, dignity, autonomy, and liberal values. However, the practical reasons for regarding human emotions as potentially private subject matter are perhaps more important (and very likely more convincing from the perspective of regulators). In that respect, it should be regarded as alarming that, according to most projections, the usefulness of emotional data to governments and, particularly, private companies will not only lead to radically increased processing and analysing of such data but, concerningly, to an exponential growth in the collection of such data. In light of this, it is also necessity to discuss options for how regulators could address this emerging threat.

Keywords: AI, privacy law, data protection, big data

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1143 Transparency within the Hierarchy of the Catholic Church in the Treatment of Clergy Sexual Abuse Cases

Authors: Brang Mai Lazing

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The central argument of this paper proposes that while democracy cannot guarantee transparency, authentic transparency within the hierarchy of the Church can be pursued as a means of dealing with cases of clergy sexual abuse. Amid the recent global scandal of clergy sexual abuse cases, a previous study has argued that a democratic rule should be applied to the administration of the Church so that, while a democratic Church could be compelled to exercise greater transparency when handling such cases, the Church might thereby regain credibility. Using the methodology of literature analysis, this paper explores the necessity for hierarchy and finds that democracy cannot be a guarantee for transparency. Further, through a dialogue between the theological insights of Benedict XVI and Edward Schillebeeckx, this paper argues that transparency practices are possible within the hierarchy of the Catholic Church in dealing with clergy sexual abuse cases. Finally, three implications of transparency in dealing with clergy sexual abuse cases are proposed, viz.: (a) that the harm which is ultimately done to the sacred faith of believers and to the sacred origin of the hierarchy through clergy sexual abuse cases should be given greater emphasis, (b) that the removal of unnecessary layers within the Church hierarchy or replacement with layers empowered with the authority to effect change might help implement accountability and transparency practices, and (c) that any changes made to enhance transparency should be made in terms of ‘adaptability’.

Keywords: Benedict XVI, clergy sexual abuses, democracy, Edward Schillebeeckx, hierarchy, transparency

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1142 Institutional Quality and Tax Compliance: A Cross-Country Regression Evidence

Authors: Debi Konukcu Onal, Tarkan Cavusoglu

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In modern societies, the costs of public goods and services are shared through taxes paid by citizens. However, taxation has always been a frictional issue, as tax obligations are perceived to be a financial burden for taxpayers rather than being merit that fulfills the redistribution, regulation and stabilization functions of the welfare state. The tax compliance literature evolves into discussing why people still pay taxes in systems with low costs of legal enforcement. Related empirical and theoretical works show that a wide range of socially oriented behavioral factors can stimulate voluntary compliance and subversive effects as well. These behavioral motivations are argued to be driven by self-enforcing rules of informal institutions, either independently or through interactions with legal orders set by formal institutions. The main focus of this study is to investigate empirically whether institutional particularities have a significant role in explaining the cross-country differences in the tax noncompliance levels. A part of the controversy about the driving forces behind tax noncompliance may be attributed to the lack of empirical evidence. Thus, this study aims to fill this gap through regression estimates, which help to trace the link between institutional quality and noncompliance on a cross-country basis. Tax evasion estimates of Buehn and Schneider is used as the proxy measure for the tax noncompliance levels. Institutional quality is quantified by three different indicators (percentile ranks of Worldwide Governance Indicators, ratings of the International Country Risk Guide, and the country ratings of the Freedom in the World). Robust Least Squares and Threshold Regression estimates based on the sample of the Organization for Economic Co-operation and Development (OECD) countries imply that tax compliance increases with institutional quality. Moreover, a threshold-based asymmetry is detected in the effect of institutional quality on tax noncompliance. That is, the negative effects of tax burdens on compliance are found to be more pronounced in countries with institutional quality below a certain threshold. These findings are robust to all alternative indicators of institutional quality, supporting the significant interaction of societal values with the individual taxpayer decisions.

Keywords: institutional quality, OECD economies, tax compliance, tax evasion

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1141 Generativism in Language Design and Their Effects on String of Constructions

Authors: Christian Uchechukwu Gilbert

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Generativism in language design investigates the framework on which varying sentence structures are built in the English language. Propounded by Noam Chomsky in 1965, the theory transforms sentences from an active structure to a passive one by the application of established rules of the theory. Resident in the body of syntax, the rules include movement, insertion, substitution, and deletion rules. Using the movement rule, the analysis is armed with the qualitative research method, on which the works of scholars were duly consulted for more insight and in line with the academic practice in research activities. The investigation showed that the rules of competent grammar explain the formulation of sentences in a language and how transformation takes place among sentences from a deep structure to a surface structure with accurate results. The structural differences that could be got through dative movement and the deletion of the preposition; passivisation got from an active sentence by the insertion of the preposition “by” a “be verb” and the aspect tense marker “–en”, held as the creative aspect of language vocabulary and the subject-auxiliary inversion that exchanges the auxiliary of a sentence with the subject of the same sentence thereby transforming a kennel sentence to a polar question, viewed as an external argument under θ-theory. Generativism in language design, therefore, changes available types of sentences and relates one form of linguistic category with others in language design.

Keywords: language, generate, transformation, structure, design

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1140 Criminal Protection Objectivity of the Child's Right to Life and Physical and Psychological Safety

Authors: Hezha Hewa, Taher Sur

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Nowadays, child affairs is a matter of both national and international interests. This issue is regarded a vital topic for various scientific fields across ages, and for all the communities without exception. However, the nature of child caring may vary due to the verities in science perspectives. So, considering child's affairs from different perspectives is helpful to have a complementary image about this matter. The purpose behind selecting this topic is to keep a balance between the victim on the one hand, and the guardian and the offender on the other hand, (i.e.) to avoid any kind of excessiveness either in the protection of the child and its rights not in the punishment of the offender. This is achieved through considering various legal materials in the Iraqi legislation and in the comparative legislations that are concerned with the child's issue and the extent to which the child makes use of these rights. The scope of this study involves the crimes that are considered as aggressions against the child's right to life, and the crimes that are dangerous to their physical and psychological safety. So, this study comprehensively considers the intentional murder of child, child murder to avoid disgrace, child kidnapping, child abandonment, physical abuse for the sake of punishment or not, child circumcision, verbal violence, and abstaining from leaving a child with a person who has the right of custody. This study ends with the most significant concluding points that have been derived throughout this study, which are: Unlike the Iraqi legislation, the Egyptian legislation defines the child in the Article 2 of the Child Law No. 12 of 1996 amended by the Law No. 126 of 2008 that the child is a person who does not exceed 18 years of age. Some legislation does not provide special criminal protection for child intentional murder, as in the Iraqi and the Egyptian legislation. However, some others have provided special criminal protection for a child, as in French and Syrian legislations. Child kidnapping is regarded as one of the most dangerous crimes that affects the child and the family as well, as it may expose the child's life to danger or to death. The most significant recommendations from the researcher are: The Iraqi legislation is recommended to take the necessary measures to establish a particular legislation for the child by including all the legal provisions that are associated with this weak creature, and make use of the Egyptian legislator’s experience as a pioneer in this respect. Both the Iraqi legislation and the Egyptian legislation are recommended to enact special laws to protect a child from the crimes of intentional murder, as the crime of child murder is currently subjected to the same provisions consider for adult murder.

Keywords: child, criminal, penal, law, safety

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1139 Sense of Place in Historic City

Authors: Hiba Alkhalaf

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Historic cities and places of cultural significance is continuously under the pressure of economic development and social change that threaten its natural and cultural environment. The challenge here is to find a balance between preserving the cultural character while ensuring the socio-economic gains and continuity of its uniqueness. That is by sustaining the use, character, meaning and social interaction associated with the place, in other words the sense of place. The main argument here is what we attempt to conserve is the cultural physical and non-physical dimensions of the historic city. It is based on the proposition that what give the historic city its character is its strong sense of place- whether it is historic or current. When properly identified, its various dimensions (use, meaning and form) would help determine what to sustain and what not by making the development meaningfully related to the uniqueness of the historic place. Accordingly, those socio-economic features within the context of a changing historic environment needed to be clarified. This paper, thus, explores the various perspectives of the role of sense of place within the historic city and its connection to cultural heritage. It also reviews urban conservation practice as it is currently understood in the context of historic city development. It concludes that sense of place lies in complex interrelated relationships between various users of the place and the physical, economic, cultural, political, and environmental contexts in which they interact. This calls for the need to sustain the sense of place as part of the overall urban development and conservation strategies.

Keywords: cultural heritage, historic urban areas, urban development, sense of place

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1138 The Analysis of Female Characters in Shakespeare’s Work; Contrast between the Submissive and the Wicked

Authors: Jeong Hwa Ryong

Abstract:

Numerous characters appear in the works of England’s most prominent play writer, William Shakespeare. Most of the time, his male protagonists possess various and complex characteristics throughout the storyline of his work, making it interesting for the readers to analyze their actions in many different aspects. However, some critics argue that unlike male characters, Shakespeare’s female characters are rather more flat and one-sided, pointing out that they are either the extreme version of good or evil. Especially, it is a significant topic to discuss in the modern days, considering the fact that gender stereotype is now a sensitive issue. Starting from such argument, it is important to address their purpose of being in the play and suggest their meaning to the modern readers of today. In this context, this paper analyzes several female characters of Shakespeare’s work by closely examining their actions and lines. The characters analyzed are Ophelia from Hamlet, Cordelia from King Lear, Katherine from The Taming of the Shrew, Goneril from King Lear and Lady Macbeth from Macbeth. Nevertheless, some female protagonists of Shakespeare’s work do not fall in to this category and exceed the limitations of others. Therefore this paper proposes alternative characters such as Juliet from Romeo and Juliet and Portia from The Merchant of Venice that are rather more complex and difficult to include in just one category. By doing so, this paper critically analyzes the strengths and weaknesses of many female characters in Shakespeare’s play.

Keywords: female characters, gender stereotype, William Shakespeare

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1137 Temporospatial Mediator: Site-Specific Theatre within Cultural Heritages

Authors: Ching-Pin Tseng

Abstract:

Cultural heritages are tangible and intangible catalysts for recollecting collective memories and cultural signification. Through visiting the heritage and with the aid of exhibition and visual indications, the visitor may visually and spatially grasp some fragments of the stories and occurrences of the site. However, there may be some discrepancies between the narration of historical happenings that occurred at the place and the spatial exhibition of the historic monument. Narratives of collective events may not be revealed merely by physical relics or objects. In order to build up a connection between the past and the present, the paper thus intends to discuss what means can engender vitalizations within cultural heritages. As the preservation of cultural heritages has been a universal consensus and common interests, its association with modern lives has also been an important issue. The paper will explore some site-specific theatres held in the art festivals in the south of Taiwan so as to examine the correlation between site-specific performances and the conservation of historic monuments. In the light of Victor Hugo’s argument that the place where events happened before can be silent characters for representing the reality of art and for impressing the spectator, this paper argues that site-specific theatres may bring vitality into tangible cultural heritages. At the end of this paper, the notion of localization will be utilized to examine the spatial setting and the materiality of scenic design in relation to the site-specific theatres within cultural heritages.

Keywords: site-specificity, cultural heritage, localization, materiality

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1136 Brazilian Public Security: Governability and Constitutional Change

Authors: Gabriel Dolabella, Henrique Rangel, Stella Araújo, Carlos Bolonha, Igor de Lazari

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Public security is a common subject on the Brazilian political agenda. The seventh largest economy in the world has high crime and insecurity rates. Specialists try to explain this social picture based on poverty, inequality or public policies addressed to drug trafficking. This excerpt approaches State measures to handle that picture. Therefore, the public security - law enforcement institutions - is at the core of this paper, particularly the relationship among federal and state law enforcement agencies, mainly ruled by a system of urgency. The problems are informal changes on law enforcement management and public opinion collaboration to these changes. Whenever there were huge international events, Brazilian armed forces occupied streets to assure law enforcement - ensuring the order. This logic, considered in the long time, could impact the federal structure of the country. The post-madisonian theorists verify that urgency is often associated to delegation of powers, which is true for Brazilian law enforcement, but here there is a different delegation: States continuously delegate law enforcement powers to the federal government throughout the use of Armed Forces. Therefore, the hypothesis is: Brazil is under a political process of federalization of public security. The political framework addressed here can be explained by the disrespect of legal constraints and the failure of rule of law theoretical models. The methodology of analysis is based on general criteria. Temporally, this study investigates events from 2003, when discussions about the disarmament statute begun. Geographically, this study is limited to Brazilian borders. Materially, the analysis result from the observation of legal resources and political resources (pronouncements of government officials). The main parameters are based on post-madisonianism and federalization of public security can be assessed through credibility and popularity that allow evaluation of this political process of constitutional change. The objective is to demonstrate how the Military Forces are used in public security, not as a random fact or an isolated political event, in order to understand the political motivations and effects that stem from that use from an institutional perspective.

Keywords: public security, governability, rule of law, federalism

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1135 Effects of the Purpose Expropriation of Land Consolidation to Landholding

Authors: Turgut Ayten, Tayfun Çay

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In the current expropriation of Turkey, the state acquires necessary lands for its investment without permission of the owners and not searching for alternative solutions, so it is determined that neither processor nor processed is not happy. In this study, interactions of enterprises in Turkey are analysed in case the necessary land for public investments are acquired by expropriation purposed land consolidation. Legal basis, positive and negative sides, financial effects to enterprises of this method is evaluated according to Konya Kadınhanı, Kolukısa avenue which is on the Konya-Ankara High-Speed Train Route.

Keywords: expropriation, land consolidation, land consolidation for expropriation purpose, sustainable rural development

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1134 The Saying of Conceptual Metaphors about Law, Righteousness, and Justice in the Old Testament: Cardinal Tendencies

Authors: Ivana Prochazkova

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Cognitive linguistics offers biblical scholarship a specific methodological tool for analysis and interpretation of metaphorical expressions. Its methodology makes it possible to study processes involved in constructing the meaning of individual metaphorical expressions and whole conceptual metaphors; to analyze their function in the text; to follow the semantic development of concepts and conceptual domains, and to trace semantic changes and their motivation. The legal language in the Hebrew canon is extremely specific and formalized. Especially in the preambles to the collections of laws in the Pentateuch, more general considerations of the motif of keeping and breaking the law are encountered. This is also true in the psalms and wisdom literature. Legal theory and the philosophy of law deal with these motifs today. Metaphors play an important role in texts that reflect on more general issues. The purpose of this conference contribution is to write all over the central metaphorical concept, conceptual metaphor ךרד תורה (TORAH/LAW IS A JOURNEY), its function in the Torah and principal trends of the further development in the Prophets and the Writings. The conceptual metaphor תורה ךרד (TORAH/LAW IS A JOURNEY) constitutes a coherent system in conjunction with other metaphors that include e.g., conceptual metaphors נחה תורה (TORAH/LAW LEADS); its variant רעה תורה (TORAH IS A SHEPHERD/GUIDE); מקור תורה (TORAH/LAW IS A FOUNTAIN/A SOURCE OF LIFE). Some conceptual metaphors are well known, and their using are conventional (עשׁר תורה TORAH/LAW IS RICHES, שׂשׂון תורה TORAH/LAW IS DELIGHT, דבשׁ תורה TORAH/LAW IS HONEY, שׁמשׁ תורה TORAH/LAW IS SUN ). But some conceptual metaphors are by its occurrence innovative and unique (e.g., שׁריון תורה TORAH /LAW IS BODY ARMOR, כובע תורה TORAH /LAW IS A HELMET, בגד תורה TORAH/LAW IS A GARMENT, etc.). There will be given examples. Conceptual metaphors will be described by means of some 'metaphorical vehicles,' which are Hebrew expressions in the source domain that are repeatedly used in metaphorical conceptualizations of the target domain(s). Conceptual metaphors will be further described by means of 'generic narrative structures,' which are the particular aspects of a conceptual metaphor that emerge during the metaphorical structuring of concepts. They are the units of the metaphorical vehicles – the Hebrew expressions in the source domain – that structure concepts in much the same way that the conceptual metaphor in the target domain does. And finally, they will be described by means of the network of correspondences that exist between metaphorical vehicles – or generic metaphorical structures – and the Hebrew expressions in the target domain.

Keywords: cognitive theology, conceptual metaphor in the Old Testament, conceptual metaphors of the Torah, conceptual domain of law, righteousness, and justice

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1133 Epic Consciousness: New possibilities for Epic Expression in Post-War American Literature During the Age of Late Capitalism

Authors: Safwa Yargui

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This research examines the quest for a post-war American epic poem in the age of late capitalism. It explores the possibility of an epic poem in the context of post-war late capitalist America, despite the prevailing scholarly skepticism regarding the existence of epic poetry after Milton’s Paradise Lost. The aim of this paper is to demonstrate the possibility of a post-war American epic through the argument of epic consciousness. Epic consciousness provides a significant nuance to the reading of the post-war American epic by focusing on the epic’s responsiveness to late capitalism via various language forms; cultural manifestations; and conscious distortions of late capitalist media-related language; in addition to the epic’ conscious inclusion of the process of writing a post-war epic that requires a direct engagement with American-based materials. By focusing on interdisciplinary theoretical approaches, this paper includes both socio-cultural literary theories as well as literary and epic approaches developed by scholars in their critical texts that respectively contextualize the late capitalist situation and the question of post-war American epic poetry. The major findings of this research provides a new theoretical approach to the question of post-war American epic poetry. In examining the role of consciousness, this paper aims to suggest a re-thinking of the post-war American epic that is capable of self-commitment for the purpose of achieving a new sense of epic poetry in post-war late capitalist America.

Keywords: american epic, epic consciousness, late capitalism, post-wat poetry

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1132 Exploring the Ethics and Impact of Slum Tourism in Kenya: A Critical Examination on the Ethical Implications, Legalities and Beneficiaries of This Trade and Long-Term Implications to the Slum Communities

Authors: Joanne Ndirangu

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Delving into the intricate landscape of slum tourism in Kenya, this study critically evaluates its ethical implications, legal frameworks, and beneficiaries. By examining the complex interplay between tourism operators, visitors, and slum residents, it seeks to uncover the long-term consequences for the communities involved. Through an exploration of ethical considerations, legal parameters, and the distribution of benefits, this examination aims to shed light on the broader socio-economic impacts of slum tourism in Kenya, particularly on the lives of those residing in these marginalized communities. Assessing the ethical considerations surrounding slum tourism in Kenya, including the potential exploitation of residents and cultural sensitivities and examine the legal frameworks governing slum tourism in Kenya and evaluate their effectiveness in protecting the rights and well-being of slum dwellers. Identifying the primary beneficiaries of slum tourism in Kenya, including tour operators, local businesses, and residents, and analysing the distribution of economic benefits. Exploring the long-term socio-economic impacts of slum tourism on the lives of residents, including changes in living conditions, access to resources, and community development. Understanding the motivations and perceptions of tourists participating in slum tourism in Kenya and assess their role in shaping the industry's dynamics and investigate the potential for sustainable and responsible forms of slum tourism that prioritize community empowerment, cultural exchange, and mutual respect. Providing recommendations for policymakers, tourism stakeholders, and community organizations to promote ethical and sustainable practices in slum tourism in Kenya. The main contributions of researching slum tourism in Kenya would include; Ethical Awareness: By critically examining the ethical implications of slum tourism, the research can raise awareness among tourists, operators, and policymakers about the potential exploitation of marginalized communities. Beneficiary Analysis: By identifying the primary beneficiaries of slum tourism, the research can inform discussions on fair distribution of economic benefits and potential strategies for ensuring that local communities derive meaningful advantages from tourism activities. Socio-Economic Understanding: By exploring the long-term socio-economic impacts of slum tourism, the research can deepen understanding of how tourism activities affect the lives of slum residents, potentially informing policies and initiatives aimed at improving living conditions and promoting community development. Tourist Perspectives: Understanding the motivations and perceptions of tourists participating in slum tourism can provide valuable insights into consumer behaviour and preferences, informing the development of responsible tourism practices and marketing strategies. Promotion of Responsible Tourism: By providing recommendations for promoting ethical and sustainable practices in slum tourism, the research can contribute to the development of guidelines and initiatives aimed at fostering responsible tourism and minimizing negative impacts on host communities. Overall, the research can contribute to a more comprehensive understanding of slum tourism in Kenya and its broader implications, while also offering practical recommendations for promoting ethical and sustainable tourism practices.

Keywords: slum tourism, dark tourism, ethical tourism, responsible tourism

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