Search results for: English legal texts

Authors: Tapiwa Shumba

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The right to fairness and access to appeals and reviews enshrined under the South African Constitution seeks to ensure that justice is served. In essence, the constitution and the law have put in place mechanisms to ensure that a miscarriage of justice through wrongful convictions does not occur. However, once convicted and sentenced on appeal the procedural safeguards seem to resign as if to say, the accused has met his fate. The challenge with this construction is that even within an ideally perfect legal system wrongful convictions would still occur. Therefore, it is not so much of the failings of a legal system that demand attention but mechanisms to redress the results of such failings where evidence becomes available that a wrongful conviction occurred. In this context, this paper looks at the South African criminal procedural mechanisms for litigating innocence post-conviction. The discussion focuses on the role of section 327 of the South African Criminal Procedure Act and its apparent shortcomings in providing an avenue for victims of miscarriages to litigate their innocence by adducing new evidence at any stage during their wrongful incarceration. By looking at developments in other jurisdiction such as the United Kingdom, where South African criminal procedure draws much of its history, and the North Carolina example which in itself was inspired by the UK Criminal Cases Review Commission, this paper is able to make comparisons and draw invaluable lessons for the South African criminal justice system. Lessons from these foreign jurisdictions show that South African post-conviction criminal procedures need reform in line with constitutional values of human dignity, equality before the law, openness and transparency. The paper proposes an independent review of the current processes to assess the current post-conviction procedures under section 327. The review must look into the effectiveness of the current system and how it can be improved in line with new substantive legal provisions creating access to DNA evidence for post-conviction exonerations. Although the UK CCRC body should not be slavishly followed, its operations and the process leading to its establishment certainly provide a good point of reference and invaluable lessons for the South African criminal justice system seeing that South African law on this aspect has generally followed the English approach except that current provisions under section 327 are a mirror of the discredited system of the UK’s previous dispensation. A new independent mechanism that treats innocent victims of the criminal justice system with dignity away from the current political process is proposed to enable the South African criminal justice to benefit fully from recent and upcoming advances in science and technology.

Keywords: innocence, forensic law, post-conviction remedies, South African criminal justice system, wrongful conviction

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Authors: Duru Helin Ozaner

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Due to the doctrine of equivalent, the words in the claims' sentences are insufficient for the protection area provided by the patent registration. While this situation widens the boundaries of the protection area, it also obscures the boundaries of the protected area of patents. In addition, it creates distrust for third parties. Therefore, the doctrine of equivalent aims to establish a balance between the rights of patent owners and the legal security of third parties. The current legal system of Turkey has been tried to be created as a parallel judicial system to the widely applied regulations. Therefore, the regulations regarding the protection provided by patents in the current Turkish legal system are similar to many countries. However, infringement through equivalent is common by third parties. This study, it is aimed to explain that the protection provided by the patent is not only limited to the words of the claims but also the wide-ranging protection provided by the claims for the doctrine of equivalence. This study is important to determine the limits of the protection provided by the patent right holder and to indicate the importance of the equivalent elements of the protection granted to the patent right holder.

Keywords: patent, infringement, intellectual property, the doctrine of equivalent

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Authors: Festa Shabani

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This paper aims at investigating bilingual speech in the International Schools of Prishtina. More particularly, it seeks to analyze bilingual phenomena among adolescent students highly exposed to English with the latter as the language of instruction at school in naturally-occurring conversations within school environment. Adolescence was deliberately chosen since it is regarded as an age when peer influence on language choice is the greatest. Driven by daily unsystematic observation and prior research already undertaken, the hypothesis stated is that Albanian continues to be the dominant language among Prishtina international schools’ students with a lot of code-switched items from the English. Furthermore, they will also use lexical borrowings - words already adapted in the receiving language, from the language they have been in contact with, in their speech often in the lack of existing equivalents in Albanian or for other reasons. This is done owing to the fact that the language of instruction at school is English, and any topic related to the language they have been exposed to will trigger them to use English. Therefore, this needs special attention in an attempt to identify patterns of their speech; in this way, linguistic and socio-pragmatic factors will be considered when analyzing the motivations behind their language choice. Methodology for collecting data include participant systematic observation and tape-recording. While observing them in their natural conversations, the fieldworker also took notes, which helped transcribe details better. The paper starts by raising the question of whether code-switching is occurring among Prishtina International Schools’ students highly exposed to English. The data gathered from students in informal settings suggests that there are well-founded grounds for an affirmative answer. The participants in this study are observed to be code-switching, although showing differences in degree. However, a generalization cannot be made on the basis of the findings except in so far it appears that English has, in turn, became a language to which they turn when identifying with the group when discussing about particular school topics. Particularly, participants seemed to use intra-sentential CS in cases when they seem to find an English expression rather easier than an Albanian one when repeating or emphasizing a point when urged to talk about educational issues with English being their language of instruction, and inter-sentential code-switching, particularly when quoting others. Concerning the grammatical aspect of code-switching, the intrasentential CS is used more than the intersentetial one. Speaking of gender, the results show that there were really no significant differences in regards quantity between male and female participants. However, the slight tendency for men to code switch intrasententially more than women was manifested. Similarly, a slight tendency again for a difference to emerge is on intersentential switching, which contributes 21% to the total number of switches for women, but 11% to the total number of switches for men.

Keywords: Albanian, code-switching contact linguistics, bilingual phenomena, lexical borrowing, English

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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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Authors: Marisa Catarina da Conceição Dinis

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The commercial companies’ management has suffered an important material and legal transformation in the last years, mainly related to the changes in the Portuguese legal framework and because of the fact they were recently object of great expansion. In fact, next to the smaller family businesses, whose management is regularly assumed by partners, companies with social investment highly scattered, whose owners are completely out from administration, are now arising. In those particular cases, the business transactions are much more complex and require from the companies’ managers a highly technical knowledge and some specific professionals’ skills and abilities. This kind of administration carries a high-level risk that can both result in great success or in great losses. Knowing that the administration performance can result in important losses to the companies, the Portuguese legislator has created a legal structure to impute them some responsibilities and sanctions. The main goal of this study is to analyze the Portuguese law and some jurisprudence about companies’ management rules and about the conflicts between the directors and the company. In order to achieve these purposes we have to consider, on the one hand, the legal duties directly connected to the directors’ functions and on the other hand the disrespect for those same rules. The Portuguese law in this matter, influenced by the common law, determines that the directors’ attitude should be guided by loyalty and honesty. Consequently, we must reflect in which cases the administrators should respond to losses that they might cause to companies as a result of their duties’ disrespect. In this way is necessary to study the business judgment rule wich is a rule that refers to a liability exclusion rule. We intend, in the same way, to evaluate if the civil liability that results from the directors’ duties disrespect can extend itself to those who have elected them ignoring or even knowing that they don´t have the necessary skills or appropriate knowledge to the position they hold. To charge directors’, without ruining entrepreneurship, charging, in the same way, those who select them reinforces the need for more responsible and cautious attitudes which will lead consequently to more confidence in the markets.

Keywords: business judgment rule, civil liability of directors, duty of care, duty of care, Portuguese legal framework

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Authors: Nasser Y. Athamneh

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Muzaffar al-Nawwab (1934--) is a modern Iraqi poet, critic, and painter, well-known to Arab youth of the second half of the 20th century for his revolutionary spirit and political activism. For the greater part of his relatively long life, al-Nawwab was wanted 'dead or alive,' so to speak, by most of the Arab regimes and authorities due to his scathing, and at times unsparingly obscene attacks on them. Hence it is that the Arab masses found in his poetry the rebellious expression of their own anger and frustration, stifled by fear for their physical safety. Thus, al-Nawwab’s contemporary Arab audience loved and embraced him both as an Arab exile and as a poet. They memorized and celebrated his poems and transmitted them secretly by word of mouth and on compact cassette tapes. He himself recited his own poetry and had it recorded on compact cassette tapes for fans to smuggle from one Arab country to the other. The themes of al-Nawwab’s poems are varied, but the most predominant among them is political opposition. In most of his poems, al-Nawwab takes up politics as the major theme. Yet, he often represents it coupled with the leitmotifs of women and wine. Indeed he oscillates almost systematically between political commitment to the revolutionary cause of the masses of his nation and homeland on the one hand and love for women and wine on the other. For the persona in al-Nawwab’s poetry, love-longing for the woman and devotion to the cause of revolution and Pan-Arabism are interrelated; each of them readily evokes the other. In this paper, an attempt is made at investigating the treatment and representation of the theme of revolution and political opposition in some of al-Nawwab’s poems. This investigation will be conducted through close reading and textual analysis of representative sections of the poetic texts under consideration in the paper. The primary texts for the study are selected passages from two representative poems, namely, 'The Night Song of the Bow Strings' (Watariyyaat Layliyyah) and 'In Wine and Sorrow My Heart [Is Immersed]' (bil-khamri wa bil-huzni fu’aady). Other poems and extracts from al-Nawwab’s poetic works will be drawn upon as secondary texts to clarify the arguments in the paper and support its thesis. The discussions and textual analysis of the texts under consideration are meant to show that revolution and undaunted political opposition is a predominant theme in al-Nawwab’s poetry, often represented through the use of the leitmotifs of women and wine.

Keywords: Arabic poetry, Muzaffar al-Nawwab, politics, revolution

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Authors: Fady Tawakol

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BitCoin is a decentralized cryptocurrency that can be used without the need of traditional central banks to accomplish any e-commerce trade. The use of such currency could facilitate new economic interactions and linkages. However, without effective and efficient regulations, cryptocurrency transactions are mostly used by criminals to commit crimes such as money laundering, theft, and blackmailing. And because law is one step behind technological developments, this paper discusses the importance of regulations and supervision for the BitCoin-system, to provide unified regulatory solutions for our digital future in the Middle East. It will provide a detailed analysis of the legal nature of BitCoin along with, its regulation with respect to criminal and civil law.

Keywords: BitCoin, financial protection, crypto currency, money laundering

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Authors: Anupama Purohit

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The paper is a study on the inevitable cross-linguistic effect found in the early multilingual learners. The cross-linguistic behaviour like code-mixing, code-switching, foreign accent, literal translation, redundancy and syntactic manipulation effected due to other languages on the English language output of a non-native pre-school child are discussed here. A case study method is adopted in this paper to support the claim of the title. A simultaneously tetra lingual pre-school child’s (within 1;3 to 4;0) language behaviour is analysed here. The sample output data of the child is gathered from the diary entries maintained by her family, regular observations and video recordings done since her birth. She is getting the input of her mother tongue, Sambalpuri, from her grandparents only; Hindi, the local language from her play-school and the neighbourhood; English only from her mother and occasional visit of other family friends; Odia only during the reading of the Odia story book. The child is exposed to code-mixing of all the languages throughout her childhood. But code-mixing, literal translation, redundancy and duplication were absent in her initial stage of multilingual acquisition. As the child was more proficient in English in comparison to her other first languages and had never heard code-mixing in English language; it was expected from her input pattern of English (one parent, English language) that she would maintain purity in her use of English while talking to the English language interlocutor. But with gradual increase in the language proficiency in each of the languages of the child, her handling of the multiple codes becomes deft cross-linguistically. It can be deduced from the case study that after attaining certain milestone proficiency in each language, the child’s linguistic faculty can operate at a metalinguistic level. The functional use of each morpheme, their arrangement in words and in the sentences, the supra segmental features, lexical-semantic mapping, culture specific use of a language and the pragmatic skills converge to give a typical childlike multilingual output in an intelligible manner to the multilingual people (with the same set of languages in combination). The result is appealing because for expressing the same ideas which the child used to speak (may be with grammatically wrong expressions) in one language, gradually, she starts showing cross-linguistic effect in her expressions. So the paper pleads for the separatist view from the very beginning of the holophrastic phase (as the child expresses in addressee-specific language); but development of a metalinguistic ability that helps the child in communicating in a sophisticated way according to the linguistic status of the addressee is unique to the multilingual child. This metalinguistic ability is independent of the mode if input of a multilingual child.

Keywords: code-mixing, cross-linguistic effect, early multilingualism, literal translation

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Authors: Georgiana Ciobotaru

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The experience of exile is a defining one for the mittleeuropean writers, which is also the generator of an identity discourse manifested in the plan of fiction. In exile, the authors often build their marginality in opposition to that deserted mundi center. The Polish Gombrowicz carried out his existence, for more than twenty-three years, in a geographical exile, distancing himself from his country, and, from a cultural point of view, the writing meant a possibility of escape, of plunge into a literary exile that often constituted a way of conditioning the practice of writers. He opted for one of the attitudes that a writer in exile may have, namely he preferred to continue speaking Polish, although he was far from his homeland, turning to the public in his homeland, his entire literary creation in exile being promoted through Kulturia, the Paris-based immigration magazine. The problem of exile must be constantly related to three essential aspects, namely: territory, identity and language. The exile, both the writer and his characters, displays a characteristic attitude towards the abandoned land, but also towards the adoptive, towards the mother tongue, but also towards the idiom encountered, thus proving an original manner in terms of how it asserts, de-builds or re-builds its identity. In these texts written after leaving Poland, a series of open works by Trans-Atlantic, Gombrowicz assumes and internalizes the inadequacy between his self and the reality outside to make it the principle of his perception of the world. The expression of marginality that characterized the texts developed when the writer was still in Poland seems to acquire a certain coherence against the background of a logic imposed on the new experience, namely that of exile. Texts created during his exile in Argentina appear in a different context, in other words, in a situation of inadequacy towards the world: ignorance of the language, poverty, isolation that characterizes especially the first years spent there. This study aims to highlight how the Polish author de-builds and reconstructs his Mittel-European identity profile through language.

Keywords: discourse, exile, identity, immigration

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Authors: Mohammad Sadeghi

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The subject matter of this article is the efficiency of current knowledge standard to afford the legal integration regarding criteria and approaches to ISP knowledge standards, to shield ISP and copyright, trademark and other parties’ rights in the online information society. The EU recognizes the knowledge-based liability for intermediaries in the European Directive on Electronic Commerce, but the implication of all parties’ responsibility for combating infringement has been immolated by dominating attention on liability due to the lack of the appropriate legal mechanism to devote each party responsibility. Moreover, there is legal challenge on the applicability of knowledge-based liability on hosting services and information location tools service. The aim of this contribution is to discuss the advantages and disadvantages of ECD knowledge standard through case law with a special emphasis on duty of prevention and constructive knowledge role on internet service providers (ISP s’) to achieve fair balance between all parties rights.

Keywords: internet service providers, liability, copyright infringement, hosting, caching, mere conduit service, notice and takedown, E-commerce Directive

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Authors: István János Molnár

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Hungary has a legal system that is primarily based on statutory legislation, which means that statutes are the main source of law. However, in a surprising move, the Hungarian Parliament introduced a "limited" precedent system on 1 April 2020. This reform requires Hungarian courts to consider not only statutes but also the interpretation of those statutes in decisions made by the highest court in the country, the Curia. While judge-made customary law is not completely unfamiliar in Hungarian legal practice, the introduction of this new system presents several theoretical and practical challenges that may take time to resolve.

Keywords: civil procedure, hungary, judicial practice, precedent system, sources of law

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Authors: Ibrahim Arslan

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Since 1984, Turkey has experienced a significant transformation in legal and economic matters. The most consequential examples of this transformation in recent years are the renewal of the Commercial Code and the Check Act. Nowadays, the commercial activity is not limited within the boundaries of the country; on the contrary, as required by the global economy, it has an international dimension. For this reason, unlike some other legal principles, the rules regulating the commercial life should be compatible with the international standards as much as possible. Otherwise the development possibility in the global markets will be limited. The Check Act has been adopted in 2009 and the Commercial Code has been adopted in 2011. The Commercial Code has been entered into force on 1 July 2012. The international dimension of check is in-disputable for it is based on the Geneva Convention. However, the Turkish business life has created a unique application of this legal tool. This application is called “post-date” checks. Indeed the majority of the checks being used in the market are post-dated checks. The holders of these checks have waited the date written on the check for presentation and collection. Thus, the actual situation has occurred. This actual situation has been legitimized via Check Act No. 5941 and post dated checks have gained a legal status. In the preparation of the new the Turkish Commercial Code one of the goals is "to ensure that the Turkish commercial law becomes a part of the international market". To achieve this goal, significant changes have been made especially concerning the independent external audition of the corporations, the board structure and public disclosure regulations. These changes aim to facilitate the internationalization of Turkish corporations as well as intensification of foreign direct investments through foreign capital. Although the target has been determined this way, after the adoption but five days before the entry into force of the Turkish Commercial Code No. 6102, a law made backward going alterations concerning independent external audition and public disclosure regulations. Turkish Commercial Code has been currently in force with its altered status. Both the regulations in the Check Act as well as the changes in the Commercial Code are not compatible with the goals introduced by rationale “to ensure Turkish commercial law to be a part of the international market” as such.

Keywords: Turkish Commercial Code No. 6102, Turkish Check Act, “post-date” checks, legal changes

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Authors: Marian Lissett Olaya

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This article examined the factors associated with incorporating peer assessment into English language classes in a public university in Colombia. This is done in the context of writing English class for 4th-semester students. The research instruments consisted of peer assessment questionnaires, student diaries, and interviews. Findings showed that among the factors, motivation, frustration, anxiety, and lack of confidence appeared. Data revealed that peer assessment enables students to write competencies through training, teachers' guidance, and the provision of a collaborative environment.

Keywords: writing skills, peer assessment, formative assessment, language acquisition

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Authors: Rika Aoki

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The aim of this paper is to investigate whether being bilinguals facilitates or impedes the perception of a third language. The present study conducted a perception experiment in which Mandarin-Japanese bilinguals categorized a Voice-Onset-Time (VOT) continuum into English /b/ or /p/. The results show that early bilinguals were influenced by both Mandarin and Japanese, while late bilinguals behaved in a similar manner to Mandarin monolinguals Thus, it can be concluded that in the present study having two languages did not help bilinguals to perceive L3 stop contrast native-likely.

Keywords: bilinguals, perception, third language acquisition, voice-onset-time

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Authors: Naouel Zoghlami

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Spoken-word recognition involves the simultaneous activation of potential word candidates which compete with each other for final correct recognition. In continuous speech, the activation-competition process gets more complicated due to speech reductions existing at word boundaries. Lexical processing is more difficult in L2 than in L1 because L2 listeners often lack phonetic, lexico-semantic, syntactic, and prosodic knowledge in the target language. In this study, we investigate the on-line lexical segmentation hypotheses that French listeners of L2 English form and then revise as subsequent perceptual evidence is revealed. Our purpose is to shed further light on the processes of L2 spoken-word recognition in context and better understand L2 listening difficulties through a comparison of skilled and unskilled reactions at the point where their working hypothesis is rejected. We use a variant of the gating experiment in which subjects transcribe an English sentence presented in increments of progressively greater duration. The spoken sentence was “And this amazing athlete has just broken another world record”, chosen mainly because it included common reductions and phonetic features in English, such as elision and assimilation. Our preliminary results show that there is an important difference in the manner in which proficient and less-proficient L2 listeners handle connected speech. Less-proficient listeners delay recognition of words as they wait for lexical and syntactic evidence to appear in the gates. Further statistical results are currently being undertaken.

Keywords: gating paradigm, spoken word recognition, online lexical segmentation, L2 listening

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Authors: Amal Alshahrani, Allan Ramsay

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Paraphrasing is one of the important tasks in natural language processing; i.e. alternative ways to express the same concept by using different words or phrases. Paraphrases can be used in many natural language applications, such as Information Retrieval, Machine Translation, Question Answering, Text Summarization, or Information Extraction. To obtain pairs of sentences that are paraphrases we create a system that automatically extracts paraphrases from a corpus, which is built from different sources of news article since these are likely to contain paraphrases when they report the same event on the same day. There are existing simple standard approaches (e.g. TF-IDF vector space, cosine similarity) and alignment technique (e.g. Dynamic Time Warping (DTW)) for extracting paraphrase which have been applied to the English. However, the performance of these approaches could be affected when they are applied to another language, for instance Arabic language, due to the presence of phenomena which are not present in English, such as Free Word Order, Zero copula, and Pro-dropping. These phenomena will affect the performance of these algorithms. Thus, if we can analysis how the existing algorithms for English fail for Arabic then we can find a solution for Arabic. The results are promising.

Keywords: natural language processing, TF-IDF, cosine similarity, dynamic time warping (DTW)

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Authors: Atara Shriki, Ilana Lavy

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Teaching for the first time an online course dealing with the history of mathematics, we were struggling with questions related to the design of a proper learning environment (LE). Thirteen high school mathematics teachers, M.Ed. students, attended the course. The teachers were engaged in independent reading of mathematical texts, a task that is recognized as complex due to the unique characteristics of such texts. In order to support the learning processes and develop skills that are essential for succeeding in learning online (e.g. self-regulated learning skills, meta-cognitive skills, reflective ability, and self-assessment skills), the LE comprised of three components aimed at “scaffolding” the learning: (1) An online "self-feedback" questionnaires that included drill-and-practice questions. Subsequent to responding the questions the online system provided a grade and the teachers were entitled to correct their answers; (2) Open-ended questions aimed at stimulating critical thinking about the mathematical contents; (3) Reflective questionnaires designed to assist the teachers in steering their learning. Using a mixed-method methodology, an inquiry study examined the learning processes, the learners' difficulties in reading the mathematical texts and on the unique contribution of each component of the LE to the ability of teachers to comprehend the mathematical contents, and support the development of their learning skills. The results indicate that the teachers found the online feedback as most helpful in developing self-regulated learning skills and ability to reflect on deficiencies in knowledge. Lacking previous experience in expressing opinion on mathematical ideas, the teachers had troubles in responding open-ended questions; however, they perceived this assignment as nurturing cognitive and meta-cognitive skills. The teachers also attested that the reflective questionnaires were useful for steering the learning. Although in general the teachers found the LE as supportive, most of them indicated the need to strengthen instructor-learners and learners-learners interactions. They suggested to generate an online forum to enable them receive direct feedback from the instructor, share ideas with other learners, and consult with them about solutions. Apparently, within online LE, supporting learning merely with respect to cognitive aspects is not sufficient. Leaners also need an emotional support and sense a social presence.

Keywords: cognitive and meta-cognitive skills, independent reading of mathematical texts, online learning environment, self-regulated learning skills

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Authors: Sugene Kim

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The English articles are taught as a binary system based on nominal countability and definiteness. Despite the detailed rules of prescriptive grammar, it has been consistently reported in the literature that their correct usage is extremely difficult to master even for advanced learners of English as a second language (ESL) or a foreign language (EFL). Given that an English sentence (except for an imperative) cannot be constructed without a noun, which is always paired with one of the indefinite, definite, and zero articles; it is essential to understand specifically what causes ESL/EFL learners to misuse them. To that end, this study examined EFL learners’ article use employing a one-group pre–post-test design. Forty-three Korean college students received instruction on correct English article usage for two 75-minute classes employing the binary schema set up for the study. They also practiced in class how to apply the rules as instructed. Then, the participants were assigned a forced-choice elicitation task, which was also used as a pre-test administered three months prior to the instruction. Unlike the pre-test on which they only chose the correct article for each of the 40 items, the post-instruction task additionally asked them to give written accounts of their decision-making procedure to choose the article as they did. The participants’ performance was scored manually by checking whether the answer given is correct or incorrect, and their written comments were first categorized using thematic analysis and then ranked by frequency. The analyses of the performance on the two tasks and the written think-aloud data suggested that EFL learners exhibit fluctuation between specificity and definiteness, overgeneralizing the use of the definite article for almost all cataphoric references. It was apparent that they have trouble distinguishing from the two concepts possibly because the former is almost never introduced in the grammar books or classes designed for ESL/EFL learners. Particularly, most participants were found to be ignorant of the possibility of using nouns as [+specific, –definite]. Not surprisingly, the correct answer rates for such nouns averaged out at 33% and 46% on the pre- and post-tests, respectively, which narrowly reach half the overall mean correct answer rates of 65% on the pre-test and 81% on the post-test. In addition, correct article use for specific indefinites was most impermeable to instruction when compared with nouns used as [–specific, –definite] or [± specific, +definite]. Such findings underline the necessity for expanding the binary schema to a ternary form that incorporates the specificity feature, albeit not morphologically marked in the English language.

Keywords: countability, definiteness, English articles, specificity, ternary system

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Authors: Robyn White, Juan Bornman, Ensa Johnson

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People with disabilities are at a high risk of becoming victims of crime. Individuals with little or no functional speech (LNFS) face an even higher risk. One way of reducing the risk of remaining a victim of crime is to face the alleged perpetrator in court as a witness – therefore it is important for a person with LNFS who has been a victim of crime to have the required vocabulary to testify in court. The aim of this study was to identify and describe the core and fringe legal vocabulary required by illiterate victims of crime, who have little or no functional speech, to testify in court as witnesses. A mixed-method, the exploratory sequential design consisting of two distinct phases was used to address the aim of the research. The first phase was of a qualitative nature and included two different data sources, namely in-depth semi-structured interviews and focus group discussions. The overall aim of this phase was to identify and describe core and fringe legal vocabulary and to develop a measurement instrument based on these results. Results from Phase 1 were used in Phase 2, the quantitative phase, during which the measurement instrument (a custom-designed questionnaire) was socially validated. The results produced six distinct vocabulary categories that represent the legal core vocabulary and 99 words that represent the legal fringe vocabulary. The findings suggested that communication boards should be individualised to the individual and the specific crime. It is believed that the vocabulary lists developed in this study act as a valid and reliable springboard from which communication boards can be developed. Recommendations were therefore made to develop an Alternative and Augmentative Communication Resource Tool Kit to assist the legal justice system.

Keywords: augmentative and alternative communication, person with little or no functional speech, sexual crimes, testifying in court, victim of crime, witness competency

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Authors: Oxana Lukoshus

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The methods of corpus linguistics, a well-established field of research, are being increasingly applied in cognitive linguistics. Corpora data are especially useful for different quantitative studies of grammatical and other aspects of language. The main objective of this paper is to demonstrate how present-day corpora can be applied in semantic studies in general and in semantic studies of adjectives in particular. Polysemantic adjectives have been the subject of numerous studies. But most of them have been carried out on dictionaries. Undoubtedly, dictionaries are viewed as one of the basic data sources, but only at the initial steps of a research. The author usually starts with the analysis of the lexicographic data after which s/he comes up with a hypothesis. In the research conducted three polysemantic synonyms true, loyal, faithful have been analyzed in terms of differences and similarities in their semantic structure. A corpus-based approach in the study of the above-mentioned adjectives involves the following. After the analysis of the dictionary data there was the reference to the following corpora to study the distributional patterns of the words under study – the British National Corpus (BNC) and the Corpus of Contemporary American English (COCA). These corpora are continually updated and contain thousands of examples of the words under research which make them a useful and convenient data source. For the purpose of this study there were no special needs regarding genre, mode or time of the texts included in the corpora. Out of the range of possibilities offered by corpus-analysis software (e.g. word lists, statistics of word frequencies, etc.), the most useful tool for the semantic analysis was the extracting a list of co-occurrence for the given search words. Searching by lemmas, e.g. true, true to, and grouping the results by lemmas have proved to be the most efficient corpora feature for the adjectives under the study. Following the search process, the corpora provided a list of co-occurrences, which were then to be analyzed and classified. Not every co-occurrence was relevant for the analysis. For example, the phrases like An enormous sense of responsibility to protect the minds and hearts of the faithful from incursions by the state was perceived to be the basic duty of the church leaders or ‘True,’ said Phoebe, ‘but I'd probably get to be a Union Official immediately were left out as in the first example the faithful is a substantivized adjective and in the second example true is used alone with no other parts of speech. The subsequent analysis of the corpora data gave the grounds for the distribution groups of the adjectives under the study which were then investigated with the help of a semantic experiment. To sum it up, the corpora-based approach has proved to be a powerful, reliable and convenient tool to get the data for the further semantic study.

Keywords: corpora, corpus-based approach, polysemantic adjectives, semantic studies

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Authors: Heba I. Bakry

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Academic writing in the tertiary education has always been a challenge to EFL learners. This proposed study aims at investigating the academic English language needs for PhD students and candidates studying humanities and social sciences at Cairo University. The research problem arises from the fact that most of them study English as a Foreign Language (EFL) or for specific purposes (ESP) in their undergraduate years. They are hardly familiarized with the different academic genres, despite the fact that they use academic resources written in English, and they are required to publish a paper internationally. Upon understanding the conventions and constraints of academic writing, postgraduates will have the opportunity to interact with the international academic spheres conveniently. There is, thus, a need to be acquainted with the generally accepted features of the academic genres, such as academic papers and their part-genres, such as writing abstracts, in addition to other occluded genres, such as personal statements and recommendation letters. The lack of practicing many of these genres is caused by the fact that there are clear differences between the rhetoric and conventions of the students' native language, i.e., Arabic, and the target language they are learning in the academic context, i.e., English. Moreover, apart from the general culture represented ethno-linguistically, the learners' 'small' culture represented in a national setting like Cairo University is more defining than their general cultural affiliations that are associated with their nationality, race, or religion, for instance. The main research question of this proposed study is: What is the effect of teaching a genre-based EAP course on the research writing competence of PhD candidates? To reach an answer to this question, the study will attempt to answer the following sub-questions: 1. What are the Egyptian PhD candidates' EAP perceived needs? 2. What are the requisite academic research skills for Egyptian scholars? The study intends to assess the students’ needs, as a step to design and evaluate an EAP course that is based on explaining and scrutinizing a variety of academic genres. Adopting a diagnostic approach, the needs assessment uses quantitative data collected through questionnaires, and qualitative data assembled from semi-structured interviews with the students and their teachers, in addition to non-participant observations of a convenience sample.

Keywords: course design, English for academic purposes, genre-based, needs assessment

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Authors: Judyta Pawliszko

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The study draws on the theoretical framework of translanguaging. It investigates translanguaging patterns and how meaning-making processes among bilingual children in preschool are affected by using two different languages, 8 months of observation and 200 hours of vocal recordings of children (3-6 years old) provide data on bilingual children’s linguistic repertoire why children translanguage, and how they achieve understanding with the strategic use of the two languages. The data gathered point to translanguaging as a practice that maximizes meaning-making processes among preschool bilingual children.

Keywords: translanguaging, bilingualism, preschool, polish-english bilingual children

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Authors: Mette Pedersen

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This paper outlines the criteria that assessment specialists use when they design the 'Persuasive Essay' task for the four Advanced Placement World Language and Culture Exams (AP French, German, Italian, and Spanish). The 'Persuasive Essay' is a free-response, source-based, standardized measure of presentational writing. Each 'Persuasive Essay' item consists of three sources (an article, a chart, and an audio) and a prompt, which is a statement of the topic phrased as an interrogative sentence. Due to its richness of source materials and due to the amount of time that test takers are given to prepare for and write their responses (a total of 55 minutes), the 'Persuasive Essay' is the free-response task on the AP World Language and Culture Exams that goes to the greatest lengths to unleash the test takers' proficiency potential. The author focuses on the work that goes into designing the 'Persuasive Essay' task, outlining best practices for the selection of topics and sources, the interplay that needs to be present among the sources and the thinking behind the articulation of prompts for the 'Persuasive Essay' task. Using released 'Persuasive Essay' items from the AP World Language and Culture Exams and accompanying data on test taker performance, the author shows how different passages, and features of passages, have succeeded (and sometimes not succeeded) in eliciting writing proficiency among test takers over time. Data from approximately 215.000 test takers per year from 2014 to 2017 and approximately 35.000 test takers per year from 2012 to 2013 form the basis of this analysis. The conclusion of the study is that test taker performance improves significantly when the sources that test takers are presented with express directly opposing viewpoints. Test taker performance also improves when the interrogative prompt that the test takers respond to is phrased as a yes/no question. Finally, an analysis of linguistic difficulty and complexity levels of the printed sources reveals that test taker performance does not decrease when the complexity level of the article of the 'Persuasive Essay' increases. This last text complexity analysis is performed with the help of the 'ETS TextEvaluator' tool and the 'Complexity Scale for Information Texts (Scale)', two tools, which, in combination, provide a rubric and a fully-automated technology for evaluating nonfiction and informational texts in English translation.

Keywords: advanced placement world language and culture exams, designing presentational writing assessments, large-scale standardized assessments of written language proficiency, source-based language testing

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Authors: Inga Žukovaitė

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This work aims to present postdoc research on remote criminal proceedings in court in order to streamline the proceedings and, at the same time, ensure the effective participation of the parties in criminal proceedings and the court's obligation to administer substantive and procedural justice. This study tests the hypothesis that remote criminal proceedings do not in themselves violate the fundamental principles of criminal procedure; however, their implementation must ensure the right of the parties to effective legal remedies and a fair trial and, only then, must address the issues of procedural economy, speed and flexibility/functionality of the application of technologies. In order to ensure that changes in the regulation of criminal proceedings are in line with fair trial standards, this research will provide answers to the questions of what conditions -first of all, legal and only then organisational- are required for remote criminal proceedings to ensure respect for the parties and enable their effective participation in public proceedings, to create conditions for quality legal defence and its accessibility, to give a correct impression to the party that they are heard and that the court is impartial and fair. It also seeks to present the results of empirical research in the courts of Lithuania that was made by using the interview method. The research will serve as a basis for developing a theoretical model for remote criminal proceedings in the EU to ensure a balance between the intention to have innovative, cost-effective, and flexible criminal proceedings and the positive obligation of the State to ensure the rights of participants in proceedings to just and fair criminal proceedings. Moreover, developments in criminal proceedings also keep changing the image of the court itself; therefore, in the paper will create preconditions for future research on the impact of remote criminal proceedings on the trust in courts. The study aims at laying down the fundamentals for theoretical models of a remote hearing in criminal proceedings and at making recommendations for the safeguarding of human rights, in particular the rights of the accused, in such proceedings. The following criteria are relevant for the remote form of criminal proceedings: the purpose of judicial instance, the legal position of participants in proceedings, their vulnerability, and the nature of required legal protection. The content of the study consists of: 1. Identification of the factual and legal prerequisites for a decision to organise the entire criminal proceedings by remote means or to carry out one or several procedural actions by remote means 2. After analysing the legal regulation and practice concerning the application of the elements of remote criminal proceedings, distinguish the main legal safeguards for protection of the rights of the accused to ensure: (a) the right of effective participation in a court hearing; (b) the right of confidential consultation with the defence counsel; (c) the right of participation in the examination of evidence, in particular material evidence, as well as the right to question witnesses; and (d) the right to a public trial.

Keywords: remote criminal proceedings, fair trial, right to defence, technology progress

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Authors: Sameut Bouhaik Mostafa

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Information Act is the Canadian law gives the right of access to information for the institution of government. It declares the availability of government information to the public, but that exceptions should be limited and the necessary right of access to be specific, and also states the need to constantly re-examine the decisions on the disclosure of any government information independently from the government. By 1982, it enacted a dozen countries, including France, Denmark, Finland, Sweden, the Netherlands and the United States (1966) newly legally to access the information. It entered access to Canadian information into force of the Act of 1983, under the government of Pierre Trudeau, allowing Canadians to recover information from government files, and the development of what can be accessed from the information, and the imposition of timetables to respond. It has been applied by the Information Commissioner in Canada.

Keywords: law, information, management, legal

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Authors: Amy Gooden, Meshandren Naidoo

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Genetic research is not confined to a particular jurisdiction. Using direct-to-consumer genetic testing (DTC-GT) as an example, this research assesses the status of data sharing into and out of South Africa (SA). While SA laws cover the sending of genetic data out of SA, prohibiting such transfer unless a legal ground exists, the position where genetic data comes into the country depends on the laws of the country from where it is sent – making the legal position less clear.

Keywords: cross-border, data, genetic testing, law, regulation, research, sharing, South Africa

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Authors: M. A. H. Barry

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The concept of Good faith (husn al-niyyah) and fair-dealing (Nadl) are the fundamental guiding elements in all contracts and other agreements under Islamic law. The preaching of Al-Quran and Prophet Muhammad’s (Peace Be upon Him) firmly command people to act in good faith in all dealings. There are several Quran verses and the Prophet’s saying which stressed the significance of dealing honestly and fairly in all transactions. Under the English law, the good faith is not considered a fundamental requirement for the formation of a legal contract. However, the concept of Good Faith in private contracts is recognized by the civil law system and in Article 7(1) of the Convention on International Sale of Goods (CISG-Vienna Convention-1980). It took several centuries for the international trading community to recognize the significance of the concept of good faith for the international sale of goods transactions. Nevertheless, the recognition of good faith in Civil law is only confined for the commercial contracts. Subsequently to the CISG, this concept has made inroads into the private international law. There are submissions in favour of applying the good faith concept to public international law based on tacit recognition by the international conventions and International Tribunals. However, under public international law the concept of good faith is not recognized as a source of rights or obligations. This weakens the spirit of the good faith concept, particularly when determining the international disputes. This also creates a fundamental flaw because the absence of good faith application means the breaches tainted by bad faith are tolerated. The objective of this research is to evaluate, examine and analyze the application of the concept of good faith in the modern laws and identify its limitation, in comparison with Islamic concept of good faith. This paper also identifies the problems and issues connected with the non-application of this concept to public international law. This research consists of three key components (1) the preliminary inquiry (2) subject analysis and discovery of research results, and (3) examining the challenging problems, and concluding with proposals. The preliminary inquiry is based on both the primary and secondary sources. The same sources are used for the subject analysis. This research also has both inductive and deductive features. The Islamic concept of good faith covers all situations and circumstances where the bad faith causes unfairness to the affected parties, especially the weak parties. Under the Islamic law, the concept of good faith is a source of rights and obligations as Islam prohibits any person committing wrongful or delinquent acts in any dealing whether in a private or public life. This rule is applicable not only for individuals but also for institutions, states, and international organizations. This paper explains how the unfairness is caused by non-recognition of the good faith concept as a source of rights or obligations under public international law and provides legal and non-legal reasons to show why the Islamic formulation is important.

Keywords: good faith, the civil law system, the Islamic concept, public international law

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Authors: Zaid Haris

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Since the beginning of time, transgender people have faced difficult circumstances, particularly in Pakistan. They have experienced discrimination, physical abuse, sexual assault, and murder in their lives. In response to their complaints, the Pakistani Supreme Court established a landmark that enables them to participate in society on an equal base. As a result, transgendered people living all around Pakistan have seen their legal, political, and cultural advocacy blossom since 2009. In order to provide and defend the human rights of Pakistan's transgender persons, this paper aims to identify and analyse the constitutional and legal framework set out there. The Supreme Court's momentous decision sparked legal reform in the nation for these rights, most notably the Transgender Persons (Protection of Rights) Act of 2017, a bill that was filed in Parliament. The implementation of the rights granted to transgender people in Pakistan, whether it relates to education, health, or any other area, requires close inspection. Additionally, for society to be accepting and inclusive, a significant and radical change in behaviour is required. This paper also includes the interviews of a few transgenders from Pakistan.

Keywords: discrimination, islam, pakistan, physical abuse, sexual assault, transgenders

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Authors: Ahmad Almaududy Amri

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Southeast Asia is considered as an area which is important in terms of piratical studies. There are several reasons to this argument: firstly, it has the second highest figure of piracy attacks in the world from 2008 to 2012. Only the African Region transcends the number of piracies that were committed in Southeast Asia. Secondly, the geographical location of the region is very important to world trade. There are several sea lanes and straits which are normally used for international navigation mainly for trade purposes. In fact, there are six out of 25 busiest ports all over the world located in Southeast Asia. In ancient times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime of piracy. There are a variety of motives behind modern day piracy including economic gains from receiving ransoms from government or ship companies, political and even terrorist reasons. However, it cannot be denied that piratical attacks persist and continue. States have taken measures both at the international and regional level in order to eradicate piratical attacks. The United Nations Convention on the Law of the Sea and the Convention on the Suppression of Unlawful Act against the Safety of Navigation served as the two main international legal frameworks in combating piracy. At the regional level, Regional Cooperation Agreement against Piracy and Armed Robbery and ASEAN measures are regard as prominent in addressing the piracy problem. This paper will elaborate the problems of piracy in Southeast Asia and examine the adequacy of legal frameworks at both the international and regional levels in order address the current legal measures in combating piracy. Furthermore, it will discuss current challenges in the implementation of anti-piracy measures at the international and regional levels as well as the way forward in addressing the issue.

Keywords: piracy, Southeast Asia, maritime security, legal frameworks

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Authors: Wing Hang Shelley Leung

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With the rise of the recent social movement, namely #MeToo, it shows that a lot of women and children in fact suffered from sexual abuse and some even suffered from child abuse, including in Hong Kong. In view of the ongoing social movements, this paper argues that we have to look beyond their impacts and understand the roots of the problem: what if the underlying cause of the recent social movements was the inherited values that were rooted in us since we were young, or the public’s lack of confidence in the legal system when it comes to this type of personal matters? What if the movements reveal the problematic issue of the lack of protection plans, either in the private or public sphere? If the legal system is presumed to not be able to preemptively protect everyone or effectively punish all perpetrators, can other pillars provide supports to fill in the loopholes of the legal system? This paper takes a theoretical approach to look into current sexuality education, the legal system in Hong Kong and the adoption of Asian values in society to argue that difficulties that are being placed onto victims in disclosing sexual violence they had experienced. Reviews of the current system and recent sexual assaults court cases for case studies allow the research to address the issues of victims’ experience including (a) their reactions to incidents; (b) issues they have in trials; (c) psychological impacts of the incidents; and (d) their understandings of gender equality before and after incidents. The study is significant because it criticises the current legal system in Hong Kong and provides insights to the public by explaining the dynamics between the problem, the legal system and the society. Also, it contributes to the ongoing research about the psychological impacts to victims in Hong Kong, especially how they are placed in a disadvantaged position in the legal system and society and even for their recovery. It contributes to the findings of how family structures, parental responsibilities and gender studies influence a child’s perception of gender equality in Hong Kong and hence their immediate reactions to incidents. To fully address the needs of victims, especially our younger generation, as well as to prevent future harm and to raise awareness, an inclusive framework which recognizes the needs of protecting and safeguarding women and children in the private sphere and a proper education for gender equality are needed.

Keywords: child abuse, children's rights, domestic violence, gender equality, Hong Kong, Me too, sexual violence, women's rights

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