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

Search results for: judicial discourse

436 Analysing Representations of ‘Leftover’ Women in Chinese Media: Taking the Film ‘The Last Woman Standing’ and ‘I Do’ as Examples

Authors: Ting Li Liu

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‘Leftover woman’ or ‘3S’ woman is the term used to describe a well-educated, high income, independent woman who is single and never married around 30 years in Chinese society. With the naming of this demographic of ‘leftover women’, their family, dating culture, mate selection and marriage attract public concern. Massive media representations of ‘leftover women’ occur daily; the research aims to present several media representations of women’s anxiety about their singlehood and related marital issues around thirty. The research triangulates two areas of media representation of ‘leftover women’: films and audience reviews on ‘Douban Movie’ website. Drawing on traditional media studies, Fairclough’s critical discourse analysis combined with multimodal techniques is applied to the research to analyze the representations of ‘leftover women’ and their implications for marital culture in China, in conjunction with a feminist perspective. The conference paper will discuss two case studies: the film ‘The last woman standing’ and ‘I Do’. Paying attention to different aspects of ‘leftover women’, the research aims to re-examine the representations of ‘leftover women’ in selected scenes, such as their age anxiety, family, marriage, dating process, careers, etc. The paper also includes public beliefs about ‘leftover women’ from online audience reviews. In conclusion, the emergence of ‘leftover women’ is a reflection of Chinese tradition’s impact on people’s lives and new changes in Chinese families and their attitude to marriage.

Keywords: leftover women, marriage, family, media culture, China

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435 Criteria to Access Justice in Remote Criminal Trial Implementation

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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434 Investigating 'Criticality' in Written Assignments of Postgraduate Students in TESOL and Applied Linguistics

Authors: Josephine Mirador

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Too often, one hears teachers complaining about how uncritical students can be, yet the notion of ‘criticality’ may be subject to variable understandings or interpretations. One challenge facing postgraduate students is the writing of essays responding to a specific reading assignment. Such an essay requires students not only to summarise, but to engage in a discussion of the significant points of the article, pointing out its strengths as well as its weaknesses. This paper presents the results of an investigation on criticality in written assignments of postgraduate students in applied linguistics and TESOL. The guiding questions for this investigation were: -How ‘critical’ are postgraduate students when writing their assignments? -What kind of ‘critical’ comments are they able to offer? A total of 70 essays were analysed, using two sets of corpora in the initial and follow-through phases of the research from three different universities in Asia. The essays were written by MA applied linguistics and TESOL students. Students were told that the response essay should definitely not just summarise, but should offer a reflection or critique on the ideas presented in the subject article. The initial findings from the investigation include: the identification of at least 10 general ‘moves’ each of which has a number of possible specific categories; presence of critique ‘nodes’ as distinguished from ‘support’ comments; and the identification of at least 4 moves as the most recurrent and possibly obligatory categories. This investigation has unearthed a few more questions or issues that are definitely worth investigating as extensions of this research, and will be of interest (most especially) to genre analysts and teachers of writing.

Keywords: criticality, discourse and genre analysis, postgraduate students, applied linguistics

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433 reconceptualizing the place of empire in european women’s travel writing through the lens of iberian texts

Authors: Gayle Nunley

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Between the mid-nineteenth and early twentieth century, a number of Western European women broke with gender norms of their time and undertook to write and publish accounts of their own international journeys. In addition to contributing to their contemporaries’ progressive reimagining of the space and place of female experience within the public sphere, these often orientalism-tinged texts have come to provide key source material for the analysis of gendered voice in the narration of Empire, particularly with regard to works associated with Europe’s then-ascendant imperial powers, Britain and France. Incorporation of contemporaneous writings from the once-dominant Empires of Iberian Europe introduces an important additional lens onto this process. By bringing to bear geographic notions of placedness together with discourse analysis, the examination of works by Iberian Europe’s female travelers in conjunction with those of their more celebrated Northern European peers reveals a pervasive pattern of conjoined belonging and displacement traceable throughout the broader corpus, while also underscoring the insufficiency of binary paradigms of gendered voice. The re-situating of women travelers’ participation in the European imperial project to include voices from the Iberian south creates a more robust understanding of these writers’ complex, and often unexpectedly modern, engagement with notions of gender, mobility, ‘otherness’ and contact-zone encounter acted out both within and against the imperial paradigm.

Keywords: colonialism, orientalism, Spain, travel writing, women travelers

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432 Grammatical Forms and Functions in Selected Political Interviews of Nigerian Presidential Aspirants in 2015 General Election

Authors: Temitope Abiodun Balogun

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Political interviews are one of the ways by which political office-seekers in Nigeria sell themselves to the electorates. Extant studies have examined the discourse of political interviews from conversational, philosophical, rhetorical, stylistic and pragmatic perspectives with insufficient attention paid to grammatical forms and communicative intentions of the interviews granted by the two presidential aspirants in the 2015 Nigerian general election. This study fills this scholarly gap to unmask their grammatical forms and communicative styles, intention and credibility. The paper adopts Halliday’s Systemic Functional Grammar, specifically interpersonal function coupled with Searle’s Model of Speech Acts Theory as a theoretical framework. A total of six interviews granted by the two presidential aspirants in media serve as the source of data. It is discovered that, in most cases, politicians’ communicative intention is to “pull-down” their political opponents. While declarative and interrogatives are simple, direct and straightforward, the intention is to condemn, lambast and castigate their opponents. This communicative style does not allow the general populace to decipher the political manifestoes of the political aspirants and the party they represent. The paper recommends that before Nigeria can boast of any sustainable growth and development, there is the need for her political office-seekers to adopt effective communication strategies and styles to unveil their intention and manifestoes so that electorates can evaluate their performance after their tenure of office.

Keywords: general election, grammatical forms and function, political interviews, presidential aspirants

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431 Cultures, Differences, and Education in EU: Right to Have Rights against Reality

Authors: Ana Campina, José Caramelo Gomes, Maria Emília Teixeira, Cristina Costa-Lobo

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In the pursuit of educational equity within Human Rights and European Fundamental Laws, the reality presents serious problems based on the psychologic, social understanding. Take into account the miscellaneous cultures in the global context and the nowadays numbers of Human mobilities, there are serious problems affecting the societies. This justifies the diagnosed need of a renew pedagogical and social education strategy to achieve the integration positive context preventing violence and discrimination, especially in Education systems. Consequently, it is important to have in mind the respect, acceptance, and integration of special needs students in all study degrees, as it is law but a complex reality. Despite the UN and International Human Rights, European Fundamental Chart, and all EU Treats, as the 28th EU State Member’s fundamental laws forecast the right of Education, the respect, the action and promotion of different cultures and the Education for ‘Difference’ integration – cultures; ideologies, Special Needs Students/Citizens – there are different and severe problems. Firstly, there are questions/contexts/problems not denounced by the lack of investments, political, social or ‘powers’ pressures, so, consequently, the authorities don’t have the action as laws demand and the transgressors haven´t any juridical or judicial punishment. Secondly, and our most important point: Governments, authorities and even victims hide these violations/violence/problems what disable the effective protection and law enforcement. Finally, the official and non-official strategies to get around the duties, break away the laws, failing the victims protection and consequently enable the problems increase dramatically. With this research, we observed that there are international Organizations/regions and States acting without respect to the Education right despite their democratic ideology and the generated external ‘image’ of law-abiding and Human Rights defenders. Nevertheless, it is urgent to develop a consistent Human Rights Education program aiming to protect, promote and implement the Right to be different and be respected by the law, the governments, institutions official and non-official, adapted to the needs in each society. The background of this research is the International and European laws, in accordance with the state’s legal systems. The approaches and the differences of the Education for Human and Fundamental Rights execution in the different EU countries, studying the pedagogy and social inclusion programs/strategies, with particular analysis of the Special Needs students. The results aim to construct a European Education profiling, with the governments and EU interventions need, as well as the panorama of the Special Needs Students effective integration achieving a renewed strategy to promote the respect of the Differences and an Inclusive School life.

Keywords: international human rights, culture, differences, European education profiling

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430 Islamophobia, Years After 9/11: An Assessment of the American Media

Authors: Nasa'i Muhammad Gwadabe

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This study seeks to find the extent to which the old Islamophobic prejudice was tilted towards a more negative direction in the United States following the 9/11 terrorist attacks. It is hypothesized that, the 9/11 attacks in the United States reshaped the old Islamophobic prejudice through the reinforcement of a strong social identity construction of Muslims as “out-group”. The “social identity” and “discourse representation” theories are used as framework for analysis. To test the hypothesis, two categories were created: the prejudice (out-group) and the tolerance (in-group) categories. The Prejudice (out-group) against Muslims category was coded to include six attributes: (Terrorist, Threat, Women's Rights violation, Undemocratic, Backward and Intolerant); while the tolerance (In-group) for Muslims category was also coded to include six attributes: (Peaceful, civilized, educated, partners trustworthy and honest). Data are generated from the archives of three American newspapers: The Los Angeles Times, New York Times and USA Today using specific search terms and specific date range; from 9/11/1996 to 9/11/2006, that is five years before and five years after the 9/11. An aggregate of 20595 articles were generated from the search of the three newspapers throughout the search periods. Conclusively, for both pre and post 9/11 periods, the articles generated under the category of prejudice (out-group) against Muslims revealed a higher frequency, against that of tolerance (in-group) for them, which is lesser. Finally, The comparison between the pre and post 9/11 periods showed that, the increased Prejudice (out-group) against Muslims was most influenced through libeling them as terrorist, which signaled a skyrocketed increase from pre to post 9/11.

Keywords: in-group, Islam, Islamophobia, Muslims, out-group, prejudice, terrorism, the 9/11 and tolerance

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429 Investigating the Role of Artificial Intelligence in Developing Creativity in Architecture Education in Egypt: A Case Study of Design Studios

Authors: Ahmed Radwan, Ahmed Abdel Ghaney

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This paper delves into the transformative potential of artificial intelligence (AI) in fostering creativity within the domain of architecture education, especially with a specific emphasis on its implications within the Design Studios; the convergence of AI and architectural pedagogy has introduced avenues for redefining the boundaries of creative expression and problem-solving. By harnessing AI-driven tools, students and educators can collaboratively explore a spectrum of design possibilities, stimulate innovative ideation, and engage in multidimensional design processes. This paper investigates the ways in which AI contributes to architectural creativity by facilitating generative design, pattern recognition, virtual reality experiences, and sustainable design optimization. Furthermore, the study examines the balance between AI-enhanced creativity and the preservation of core principles of architectural design/education, ensuring that technology is harnessed to augment rather than replace foundational design skills. Through an exploration of Egypt's architectural heritage and contemporary challenges, this research underscores how AI can synergize with cultural context and historical insights to inspire cutting-edge architectural solutions. By analyzing AI's impact on nurturing creativity among Egyptian architecture students, this paper seeks to contribute to the ongoing discourse on the integration of technology within global architectural education paradigms. It is hoped that this research will guide the thoughtful incorporation of AI in fostering creativity while preserving the authenticity and richness of architectural design education in Egypt and beyond.

Keywords: architecture, artificial intelligence, architecture education, Egypt

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428 Philosophy of Swami Vivekananda and M. K. Gandhi in the Context of Religious Pluralism

Authors: Satarupa Bhattacharjee

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Inter-religious dialogue and understanding are possible without losing one’s own identity. We find a unique blend of tradition, reason and human values in contemporary Indian thought. On this point, we may take note of the similarity between views of M. K. Gandhi and the religious discourse of Swami Vivekananda, i.e., all religions as different paths to God realisation but their unity lies in their goal, which is attainment of God, who is One. This enrichment guided us towards a kind of religious pluralism of John Hicks, who gives a solution to the problems of co-existence of diverse religions without undermining any religion. The plurality percolates into different spheres of Indian society and regarded as a chord with discord in a wonderful music. Swami Vivekananda believes that to serve man is to serve God. Both M. K. Gandhi and Swami Vivekananda were non-dualist and believed in the essential unity of man. Gandhi believes in the many foldedness of reality. Swami Vivekananda’s attitude towards religion is in principles of co-existence and acceptance. These principles have been accumulated in such a way that gave us a different world-view. The concept of unity, tolerance, equality, etc. can be achieved only by a spiritual attitude. Dynamism of spirituality stands in between man’s empirical existence and his spiritual destination and manifests itself in the different aspects of life including religious understanding. It is a movement towards pluralism. It is the fusion of spirituality with plurality which characterizes the concept of religious pluralism. This re-visited religious pluralism will open a new horizon of love and tolerance in our society. M. K. Gandhi and Swami Vivekananda paved the path for new horizon for a resurgent world. So the Indian spiritualism re-vitalised the concept of pluralism and stimulated its progress towards a new world.

Keywords: M. K. Gandhi, religious pluralism, Swami Vivekananda, worldview

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427 The International Fight against the Financing of Terrorism: Analysis of the Anti-Money Laundering and Combating Financing of Terrorism Regime

Authors: Loukou Amoin Marie Djedri

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Financing is important for all terrorists – from the largest organizations in control of territories, to the smallest groups – not only for spreading fear through attacks, but also to finance the expansion of terrorist dogmas. These organizations pose serious threats to the international community. The disruption of terrorist financing aims to create a hostile environment for the growth of terrorism and to limit considerably the terrorist groups capacities. The World Bank (WB), together with the International Monetary Fund (IMF), decided to include in their scope the Fight against the money laundering and the financing of terrorism, in order to assist Member States in protecting their internal financial system from terrorism use and abuse and reinforcing their legal system. To do so, they have adopted the Anti-Money Laundering /Combating Financing of Terrorism (AML/CFT) standards that have been set up by the Financial Action Task Force. This set of standards, recognized as the international standards for anti-money laundering and combating the financing of terrorism, has to be implemented by States Members in order to strengthen their judicial system and relevant national institutions. However, we noted that, to date, some States Members still have significant AML/CFT deficiencies, which can constitute serious threats not only to the country’s economic stability but also for the global financial system. In addition, studies stressed out that repressive measures are more implemented by countries than preventive measures, which could be an important weakness in a state security system. Furthermore, we noticed that the AML/CFT standards evolve slowly, while techniques used by terrorist networks keep developing. The goal of the study is to show how to enhance the AML/CFT global compliance through the work of the IMF and the WB, to help member states to consolidate their financial system. To encourage and ensure the effectiveness of these standards, a methodology for assessing the compliance with the AML/CFT standards has been created to follow up the concrete implementation of these standards and to provide accurate technical assistance to countries in need. A risk-based approach has also been adopted as a key component of the implementation of the AML/CFT Standards, with the aim of strengthening the efficiency of the standards. Instead, we noted that the assessment is not efficient in the process of enhancing AML/CFT measures because it seems to lack of adaptation to the country situation. In other words, internal and external factors are not enough taken into account in a country assessment program. The purpose of this paper is to analyze the AML/CFT regime in the fight against the financing of terrorism and to find lasting solutions to achieve the global AML/CFT compliance. The work of all the organizations involved in this combat is imperative to protect the financial network and to lead to the disintegration of terrorist groups in the future.

Keywords: AML/CFT standards, financing of terrorism, international financial institutions, risk-based approach

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426 Socio-Political Crisis in the North West and South West Regions of Cameroon and the Emergence of New Cultures

Authors: Doreen Mekunda

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This paper is built on the premise that the current socio-political crisis in the two restive regions of Cameroon, though enveloped with destructive and devastating trends (effects) on both property and human lives, is not without its strengths and merits. It is incontestable that many cultures, to a greater extent, are going to be destroyed as people forcibly move from war-stricken habitats to non-violent places. Many cultural potentials, traditional shrines, artifacts, art, and crafts, etc., are unknowingly or knowingly disfigured, and many other ugly things will, by the end of the crisis, affect the cultures of these two regions under siege and of the receiving population. A plethora of other problems like the persecution of Internally Displaced Persons (IDPs) for being displaced and blamed for increased crime rates and the existence of cultural and ethnic differences that produce both inter-tribal and interpersonal conflicts and conflicts between communities will abound. However, there is the emergence of rapid literature, and other forms of cultural productions, whether written or oral, is visible, thereby precipitating a rich cultural diversity due to the coming together of a variety of cultures of both the IDPs and the receiving populations, rapid urbanization, improvement of health-related issues, the rebirth of indigenous cultural practices, the development of social and lingua-cultural competences, dependence on alternative religions, faith and spirituality. Even financial and economic dependence, though a burden to others by IDPs, has its own merits as it improves the living standards of the IDPs. To be able to obtain plausible results, cultural materialism, which is a literary theory that hinges on the empirical study of socio-cultural systems within a materialist infrastructure-super-structure framework, is employed together with the postcolonial theory. Postcolonial theory because the study deals with postcolonial experiences/tenets of migration, hybridity, ethnicity, indignity, language, double consciousness, migration, center/margin binaries, and identity, amongst others. The study reveals that the involuntary movement of persons from their habitual homes brings about movement in cultures, thus, the emergence of new cultures. The movement of people who hold fast to their cultural heritage can only influence new forms of literature, the development of new communication competences, the rise of alternative religion, faith and spirituality, the re-emergence of customary and traditional legal systems that might have been abandoned for the new judicial systems, and above all the revitalization of traditional health care systems.

Keywords: alternative religion, emergence, socio-political crisis, spirituality, lingua-cultural competences

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425 Mothers, the Missing Link: A Critical Discourse Analysis of the Women-Centric Counterterrorism Measures

Authors: Bukola Solomon

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In counterterrorism, policymakers typically design a confined role for women as family members and nurturers. In recent years, they have embraced the idea of mothers as the missing link to preventing and countering violent extremism. This ‘programmed’ role of women is derived from the convictions that women’s central roles in the family and community afford them the ‘unique set of skills’ to detect early signs of radicalization and extremism. This paper attempts to focus on the ‘mother’ narrative that frames women’s agency as mothers of ‘terrorists’ and ‘potential’ terrorists. The general underlying assumption of the ‘mother’ narrative is that naturally, every ‘terrorist’ has or once had a mother, and their radicalization is a maternal ‘oversight.’ By deconstructing the notion of motherhood as a social construct instead of an inherent female desire and ability, this paper argues that the assumption of ‘mothers know best’ is invalid. Also, this paper suggests that the ‘mother’ narrative is a deliberate effort to restrict women’s participation in counterterrorism as ‘preventers.’ Finally, this paper notes a global trend in which mothers are contesting the dominant view of women empowerment that restricts their agency by seeking alternative versions in terrorist organizations. And as such, they create parallel terror cells. Thus, the overemphasis on the role women plays as mothers in counterterrorism limits the scope and potential of counterterrorism programs by marginalizing gender issues and reinforcing gender disparities to the extent that the programs become counterproductive.

Keywords: countering violent extremism, counterterrorism, gender, gender roles, terrorism, women

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424 Convention Refugees in New Zealand: Being Trapped in Immigration Limbo without the Right to Obtain a Visa

Authors: Saska Alexandria Hayes

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Multiple Convention Refugees in New Zealand are stuck in a state of immigration limbo due to a lack of defined immigration policies. The Refugee Convention of 1951 does not give the right to be issued a permanent right to live and work in the country of asylum. A gap in New Zealand's immigration law and policy has left Convention Refugees without the right to obtain a resident or temporary entry visa. The significant lack of literature on this topic suggests that the lack of visa options for Convention Refugees in New Zealand is a widely unknown or unacknowledged issue. Refugees in New Zealand enjoy the right of non-refoulement contained in Article 33 of the Refugee Convention 1951, whether lawful or unlawful. However, a number of rights contained in the Refugee Convention 1951, such as the right to gainful employment and social security, are limited to refugees who maintain lawful immigration status. If a Convention Refugee is denied a resident visa, the only temporary entry visa a Convention Refugee can apply for in New Zealand is discretionary. The appeal cases heard at the Immigration Protection Tribunal establish that Immigration New Zealand has declined resident and discretionary temporary entry visa applications by Convention Refugees for failing to meet the health or character immigration instructions. The inability of a Convention Refugee to gain residency in New Zealand creates a dependence on the issue of discretionary temporary entry visas to maintain lawful status. The appeal cases record that this reliance has led to Convention Refugees' lawful immigration status being in question, temporarily depriving them of the rights contained in the Refugee Convention 1951 of lawful refugees. In one case, the process of applying for a discretionary temporary entry visa led to a lawful Convention Refugee being temporarily deprived of the right to social security, breaching Article 24 of the Refugee Convention 1951. The judiciary has stated a constant reliance on the issue of discretionary temporary entry visas for Convention Refugees can lead to a breach of New Zealand's international obligations under Article 7 of the International Covenant on Civil and Political Rights. The appeal cases suggest that, despite successful judicial proceedings, at least three persons have been made to rely on the issue of discretionary temporary entry visas potentially indefinitely. The appeal cases establish that a Convention Refugee can be denied a discretionary temporary entry visa and become unlawful. Unlawful status could ultimately breach New Zealand's obligations under Article 33 of the Refugee Convention 1951 as it would procedurally deny Convention Refugees asylum. It would force them to choose between the right of non-refoulement or leaving New Zealand to seek the ability to access all the human rights contained in the Universal Declaration of Human Rights elsewhere. This paper discusses how the current system has given rise to these breaches and emphasizes a need to create a designated temporary entry visa category for Convention Refugees.

Keywords: domestic policy, immigration, migration, New Zealand

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423 ISIS Women Recruitment in Spain and De-Radicalization Programs in Prisons

Authors: Inmaculada Yuste Martinez

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Since July 5, 2014, Abubaker al Bagdadi, leader of the Islamic State since 2010 climbed the pulpit of the Great Mosque of Al Nuri of Mosul and proclaimed the Caliphate, the number of fighters who have travelled to Syria to join the Caliphate has increased as never before. Although it is true that the phenomenon of foreign fighters is not a new phenomenon, as it occurred after the Spanish Civil War, Republicans from Ireland and the conflict of the Balkans among others, it is highly relevant the fact that in this case, it has reached figures unknown in Europe until now. The approval of the resolution 2178 (2014) of the Security Council, foreign terrorist fighters placed the subject a priority position on the International agenda. The available data allow us to affirm that women have increasingly assumed operative functions in jihadist terrorism and in the activities linked to it in the development of attacks in the European Union, including minors and young adults. In the case of Spain, one in four of the detainees in 2016 were women, a significant increase compared to 2015. This contrasts with the fact that until 2014 no woman had been prosecuted in Spain for terrorist activities of a jihadist nature. It is fundamental when we talk about the prevention of radicalization and counterterrorism that we do not underestimate the potential threat to the security of countries like Spain that women from the West can assume to the global jihadist movement. This work aims to deepen the radicalization processes of these women and their profiles influencing the female inmate population. It also wants to focus on the importance of creating de-radicalization programs for these inmates since women are a crucial element in radicalization processes. A special focus it is made on young radicalized female inmate population as this target group is the most recoverable and on which it would result more fruitful to intervene. De-radicalization programs must also be designed to fit their profiles and circumstances; a sensitive environment will be prisons and juvenile centers, areas that until now had been unrelated to this problem and which are already hosting the first convicted in judicial offices in Spanish territory. A qualitative research and an empirical and analytical method has been implemented in this work, focused on the cases that took place in Spain of young women and the imaginary that the Islamic State uses for the processes of radicalization for this target group and how it does not fit with their real role in the Jihad, as opposed to other movements in which women do have a real and active role in the armed conflict as YPJ do it as a part of the armed wing of the Democratic Union Party of Syria.

Keywords: caliphate, de-radicalization, foreign fighter, gender perspective, ISIS, jihadism, recruitment

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422 Imaginations of the Silk Road in Sven Hedin’s Travel Writings: 1900-1936

Authors: Kexin Tan

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The Silk Road is a concept idiosyncratic in nature. Western scholars co-created and conceptualized in its early days, transliterated into the countries along the Silk Road, redefined, reimagined, and reconfigured by the public in the second half of the twentieth century. Therefore, the image is not only a mirror of the discursive interactions between East and West but Self and Other. The travel narrative of Sven Hedin, through which the Silk Road was enriched in meanings and popularized, is the focus of this study. This article examines how the Silk Road was imagined in three key texts of Sven Hedin: The Silk Road, The Wandering Lake, and The Flight of “Big Horse”. Three recurring themes are extracted and analyzed: the Silk Road, the land of enigmas, the virgin land, and the reconnecting road. Ideas about ethnotypes and images drawn from theorists such as Joep Leerssen have been deployed in the analysis. This research tracks how the images were configured, concentrating on China’s ethnotypes, travel writing tropes, and the Silk Road discourse that preceded Sven Hedin. Hedin’s role in his expedition, his geopolitical viewpoints, and the commercial considerations of his books are also discussed in relation to the intellectual construct of the Silk Road. It is discovered that the images of the Silk Road and the discursive traditions behind it are mobile rather than static, inclusive than antithetical. The paradoxical characters of the Silk Road reveal the complexity of the socio-historical background of Hedin’s time, as well as the collision of discursive traditions and practical issues. While it is true that Hedin’s discursive construction of the Silk Road image embodies the bias of Self-West against Other-East, its characteristics such as fluidity and openness could probably offer a hint at its resurgence in the postcolonial era.

Keywords: the silk road, Sven Hedin, imagology, ethnotype, travelogue

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421 From Transference Love to Self Alienation in the Therapeutic Relationship: A Case Study

Authors: Efi Koutantou

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The foundation of successful therapy is the bond between the psychotherapist and the patient, Psychoanalysis would argue. The present study explores lived experiences of a psychotherapeutic relationship in different moments, initial and final with special reference to the transference love developed through the process. The fight between moments of ‘leaving a self’ behind and following ‘lines of flight’ in the process of creating a new subjectivity and ‘becoming-other’ will be explored. Moments between de-territorialisation – surpassing given constraints such as gender, family and religion, kinship bonds - freeing the space in favor of re-territorialisation – creation of oneself creation of oneself will also be analyzed. The generation of new possibilities of being, new ways of self-actualization for this patient will be discussed. The second part of this study will explore the extent to which this ‘transference love’ results for this specific patient to become ‘the discourse of the other’; it is a desideratum whether the patient finally becomes a subject of his/her own through his/her own self-exploration of new possibilities of existence or becomes alienated within the thought of the therapist. The way in which the patient uses or is (ab)used by the transference love in order to experience and undergo alienation from an ‘authority’ which may or may not sacrifice his/her own thought in favor of satisfying the therapist will be investigated. Finally, from an observer’s perspective and from the analysis of the results of this therapeutic relationship, the counter-transference will also be analyzed, in terms of an attempt of the analyst to relive and satisfy his/her own desires through the life of the analysand. The accession and fall of an idealized self will be analyzed, the turn of the transference love into ‘hate’ will conclude this case study through a lived experience in the therapeutic procedure; a relationship which can be called to be a mixture of a real relationship and remnants from a past object relationship.

Keywords: alienation, authority, counter-transference, hate, transference love

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420 Textual Analysis of Media Coverage on Women’s Employment during Covid-19 Recovery: Personal Choice versus Systemic Insufficiencies

Authors: Rania Al Namara

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During the Covid-19 pandemic, women disproportionately left the workforce compared to men, and many remained outside of the labor market during the Covid-19 recovery period—a phenomenon referred to as the “she-recession” or “shecession.” While the number of women returning to work has increased, long-standing systemic inequalities interfere with women's equal participation in the workforce. Previous research on media framing has explored the importance of news coverage of women’s issues in print and magazines to shaping the public’s views on an issue and the national response. This study adopts textual analysis to examine how 50 news stories published on CNN and CBS in March 2023 frame women’s employment challenges as a matter of choice or as a matter of insufficient systems and analyzes the narratives portrayed to understand how this discourse affects national policies regarding women’s equality in the workforce. Findings suggest that media coverage centers on four themes: unequal wages at work, work-life integration, experiences of minority women, and the struggle to acquire leadership positions. Media coverage gives space to women to tell personal stories about facing these four societal challenges. However, little coverage is devoted to the political figures and institutions that either reinforce gender inequalities or advance women’s rights in these areas. These findings highlight the need for media stories that discuss policies and reforms that broaden the choices available to women in the first place.

Keywords: Covid-19 recovery, media coverage, shecession, women’s employment

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419 The Jury System in the Courts in Nineteenth Century Assam: Power Negotiations and Politics in an Institutional Rubric of a Colonial Regime

Authors: Jahnu Bharadwaj

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In the third decade of the 19th century, the political landscape of the Brahmaputra valley changed at many levels. The establishment of East India Company’s authority in ‘Assam’ was complete with the Treaty of Yandaboo. The whole phenomenon of the annexation of Assam into the British Indian Empire led to several administrative reorganizations and reforms under the new regime. British colonial rule was distinguished by new systems and institutions of governance. This paper broadly looks at the historical proceedings of the introduction of the Rule of Law and a new legal structure in the region of ‘Assam’. With numerous archival data, this paper seeks to chiefly examine the trajectory of an important element in the new legal apparatus, i.e. the jury in the British criminal courts introduced in the newly annexed region. Right from the beginning of colonial legal innovations with the establishment of the panchayats and the parallel courts in Assam, the jury became an important element in the structure of the judicial system. In both civil and criminal courts, the jury was to be formed from the learned members of the ‘native’ society. In the working of the criminal court, the jury became significantly powerful and influential. The structure meant that the judge or the British authority eventually had no compulsion to obey the verdict of the jury. However, the structure also provided that the jury had a considerable say in matters of the court proceedings, and their verdict had significant weight. This study seeks to look at certain important criminal cases pertaining to the nineteenth century and the functioning of the jury in those cases. The power play at display between the British officials, judges and the members of the jury would be helpful in highlighting the important deliberations and politics that were in place in the functioning of the British criminal legal apparatus in colonial Assam. The working and the politics of the members of the jury in many cases exerted considerable influence in the court proceedings. The interesting negotiations of the British officials or judges also present us with vital insights. By reflecting on the difficulty that the British officials and judges felt with the considerable space for opinion and difference that was provided to important members of the local society, this paper seeks to locate, with evidence, the racial politics at play within the official formulations of the legal apparatus in the colonial rule in Assam. This study seeks to argue that despite the rhetorical claims of legal equality within the Empire, racial consideration and racial politics was a reality even in the making of the structure itself. This in a way helps to enrich our ideas about the racial elements at work in numerous layers sustaining the colonial regime.

Keywords: criminal courts, colonial regime, jury, race

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418 No-Par Shares Working in European LLCs

Authors: Agnieszka P. Regiec

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Capital companies are based on monetary capital. In the traditional model, the capital is the sum of the nominal values of all shares issued. For a few years within the European countries, the limited liability companies’ (LLC) regulations are leaning towards liberalization of the capital structure in order to provide higher degree of autonomy regarding the intra-corporate governance. Reforms were based primarily on the legal system of the USA. In the USA, the tradition of no-par shares is well-established. Thus, as a point of reference, the American legal system is being chosen. Regulations of Germany, Great Britain, France, Netherlands, Finland, Poland and the USA will be taken into consideration. The analysis of the share capital is important for the development of science not only because the capital structure of the corporation has significant impact on the shareholders’ rights, but also it reflects on relationships between creditors of the company and the company itself. Multi-level comparative approach towards the problem will allow to present a wide range of the possible outcomes stemming from the novelization. The dogmatic method was applied. The analysis was based on the statutes, secondary sources and judicial awards. Both the substantive and the procedural aspects of the capital structure were considered. In Germany, as a result of the regulatory competition, typical for the EU, the structure of LLCs was reshaped. New LLC – Unternehmergesellschaft, which does not require a minimum share capital, was introduced. The minimum share capital for Gesellschaft mit beschrankter Haftung was lowered from 25 000 to 10 000 euro. In France the capital structure of corporations was also altered. In 2003, the minimum share capital of société à responsabilité limitée (S.A.R.L.) was repealed. In 2009, the minimum share capital of société par actions simplifiée – in the “simple” version of S.A.R.L. was also changed – there is no minimum share capital required by a statute. The company has to, however, indicate a share capital without the legislator imposing the minimum value of said capital. In Netherlands the reform of the Besloten Vennootschap met beperkte aansprakelijkheid (B.V.) was planned with the following change: repeal of the minimum share capital as the answer to the need for higher degree of autonomy for shareholders. It, however, preserved shares with nominal value. In Finland the novelization of yksityinen osakeyhtiö took place in 2006 and as a result the no-par shares were introduced. Despite the fact that the statute allows shares without face value, it still requires the minimum share capital in the amount of 2 500 euro. In Poland the proposal for the restructuration of the capital structure of the LLC has been introduced. The proposal provides among others: devaluation of the capital to 1 PLN or complete liquidation of the minimum share capital, allowing the no-par shares to be issued. In conclusion: American solutions, in particular, balance sheet test and solvency test provide better protection for creditors; European no-par shares are not the same as American and the existence of share capital in Poland is crucial.

Keywords: balance sheet test, limited liability company, nominal value of shares, no-par shares, share capital, solvency test

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417 Towards Kurdish Internet Linguistics: A Case Study on the Impact of Social Media on Kurdish Language

Authors: Karwan K. Abdalrahman

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Due to the impacts of the internet and social media, new words and expressions enter the Kurdish language, and a number of familiarized words get new meanings. The case is especially true when the technique of transliteration is taken into consideration. Through transliteration, a number of selected words widely used on social media are entering the Kurdish media discourse. In addition, a selected number of Kurdish words get new cultural and psychological meanings. The significance of this study is to delve into the process of word formation in the Kurdish language and explore how new words and expressions are formed by social media users and got public recognition. First, the study investigates the English words that enter the Kurdish language through different social media platforms. All of these words are transliterated and are used in spoken and written discourses. Second, there are a specific number of Kurdish words that got new meanings in social media. As for these words, there are psychological and cultural factors that make people use these expressions for specific political reasons. It can be argued that they have an indirect political message along with their new linguistic usages. This is a qualitative study analyzing video content that was published in the last two years on social media platforms, including Facebook and YouTube. The collected data was analyzed based on the themes discussed above. The findings of the research can be summarized as follows: the widely used transliterated words have entered both the spoken and written discourses. Authors in online and offline newspapers, TV presenters, literary writers, columnists are using these new expressions in their writings. As for the Kurdish words with new meanings, they are also widely used for psychological, cultural, and political reasons.

Keywords: Kurdish language, social media, new meanings, transliteration, vocabulary

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416 The Imminent Other in Anna Deavere Smith’s Performance

Authors: Joy Shihyi Huang

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This paper discusses the concept of community in Anna Deavere Smith’s performance, one that challenges and explores existing notions of justice and the other. In contrast to unwavering assumptions of essentialism that have helped to propel a discourse on moral agency within the black community, Smith employs postmodern ideas in which the theatrical attributes of doubling and repetition are conceptualized as part of what Marvin Carlson coined as a ‘memory machine.’ Her dismissal of the need for linear time, such as that regulated by Aristotle’s The Poetics and its concomitant ethics, values, and emotions as a primary ontological and epistemological construct produced by the existing African American historiography, demonstrates an urgency to produce an alternative communal self to override metanarratives in which the African Americans’ lives are contained and sublated by specific historical confines. Drawing on Emmanuel Levinas’ theories in ethics, specifically his notion of ‘proximity’ and ‘the third,’ the paper argues that Smith enacts a new model of ethics by launching an acting method that eliminates the boundary of self and other. Defying psychological realism, Smith conceptualizes an approach to acting that surpasses the mere mimetic value of invoking a ‘likeness’ of an actor to a character, which as such, resembles the mere attribution of various racial or sexual attributes in identity politics. Such acting, she contends, reduces the other to a representation of, at best, an ultimate rendering of me/my experience. She instead appreciates ‘unlikeness,’ recognizes the unavoidable actor/character gap as a power that humbles the self, whose irreversible journey to the other carves out its own image.

Keywords: Anna Deavere Smith, Emmanuel Levinas, other, performance

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415 Data Protection, Data Privacy, Research Ethics in Policy Process Towards Effective Urban Planning Practice for Smart Cities

Authors: Eugenio Ferrer Santiago

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The growing complexities of the modern world on high-end gadgets, software applications, scams, identity theft, and Artificial Intelligence (AI) make the “uninformed” the weak and vulnerable to be victims of cybercrimes. Artificial Intelligence is not a new thing in our daily lives; the principles of database management, logical programming, and garbage in and garbage out are all connected to AI. The Philippines had in place legal safeguards against the abuse of cyberspace, but self-regulation of key industry players and self-protection by individuals are primordial to attain the success of these initiatives. Data protection, Data Privacy, and Research Ethics must work hand in hand during the policy process in the course of urban planning practice in different environments. This paper focuses on the interconnection of data protection, data privacy, and research ethics in coming up with clear-cut policies against perpetrators in the urban planning professional practice relevant in sustainable communities and smart cities. This paper shall use expository methodology under qualitative research using secondary data from related literature, interviews/blogs, and the World Wide Web resources. The claims and recommendations of this paper will help policymakers and implementers in the policy cycle. This paper shall contribute to the body of knowledge as a simple treatise and communication channel to the reading community and future researchers to validate the claims and start an intellectual discourse for better knowledge generation for the good of all in the near future.

Keywords: data privacy, data protection, urban planning, research ethics

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414 Islamization of Knowledge with Special Reference to Mohd Kamal Hassan's Perspective

Authors: Abdul Latheef O. Mavukkandy

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Islamization of knowledge (IOK) is an intellectual movement emerged in the middle of 1970s to address the threats by modern western civilizational onslaughts. This paper analyzes the discourse of Islamization of knowledge with special reference to the views of Kamal Hassan who prefers an alternative term called 'Islamicization'. First of all the theoretical and practical outlines of IOK movement were presented by Ismail Raji al-Faruqi in his book 'Islamization of Knowledge; General Principles and Work Plan' in 1982. He identified that the educational system in the Muslim world accounted for the decline of Muslim Ummah through de-Islamization and demoralization. So, the need for IOK was an academic challenge to reconstruct the Ummah. Kamal Hassan kept just different view from Ismail Raji al-Faruqi and Muhammed Naquib al-Attas that he coined the terms 'Relevantization and Contextualization'. So, he wanted the 'Islamization of Islamic Revealed Knowledge'. So, he used Islamization of Human Knowledge (IOHK) instead of IOK. As part of this movement, the IOK identified that the textbooks used in Muslim educational institutions systematically keep the students estranged from Islam and its heritage. Furthermore, the modern secular knowledge develops secular attitude devoid of Islamic moral philosophy and the sense of mission in life. Based upon the content analysis of some of the sources, this study found that Islamization of Knowledge is an important movement in Islamic world, but the IOK project is not practicable completely because of the lack of trained teachers and resources. Although, the project resulted in the foundation of some universities and publishing more works, journals and doctoral thesis on different dimensions of Islamization of Knowledge.

Keywords: Islamization, Islamicization, releventization, human knowledge

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413 US-Iran Hostage Crisis by the Metaphor of Argo in the Light of Post-Modernist Post-Colonial and Realist Theories

Authors: Hatice Idil Gorgen

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This paper argues that discourses and textuality which is literary tool of Western ethnocentrism create aggressive foreign policy against the West by Non-West countries. Quasi-colonial experiences create an inferiority complex on officially or not colonized areas by reconstructing their identity. This reconstructed identity leads revolution and resistance movement to feel secure themselves as a psychological defense against colonial powers. Knowledge learned by successful implementation of discourses grants right to has power for authority, in addition to serving as a tool to reinforce power of authority by its cognitive traits on foreign policy decision making. The combination of these points contributes to shaping and then make predictable state policies. In the methodology of paper, secondary data was firstly reviewed through university library using a range of sources such as academic abstract, OPAC system, bibliography databases and internet search engines. The film of Argo was used to strengthen and materialize theoretical explanations as a metaphor. This paper aims to highlight the cumulative effects on the construction of the identity throughout embedded discourses by textuality. To demonstrate it by a metaphor, Argo will be used as a primary source for good story-telling about history. U.S-Iran hostage crisis is mainly applied by aiming to see foundations Iran’s behavior in the context of its revolutionary identity and major influences of actions of U.S on it.

Keywords: discourse, post colonialism, post modernism, objectivity

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412 An Analysis on Community Based Heritage Tourism: A Resource for a Small Community in Rural County Clare, Ireland

Authors: Marie Taylor, Catriona Murphy

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The aim of this paper is to identify the factors of success in community based heritage tourism initiatives. Heritage and community are central to many tourism initiatives with heritage tourism having the potential to act as a catalyst for community development. This paper presents the findings of research that examined the relationship between heritage tourism and community development. The findings recognised that heritage tourism had economic, social and cultural benefits for a community as well as a role in strengthening concepts such as sense of identity, place, and authenticity. In addition, this paper proposes an assessment framework for sustainable community based heritage tourism to identify factors and contextual influences involved in their success or failure. In evaluating the sustainability of such initiatives, a number of issues are investigated including the continued role of stakeholders, the role of funding, the influence of collaboration and the changing role of rural development and its impact on community engagement. The research is descriptive, evaluative and explanatory research, exploring and analysing issues such as the development of community structures in community based heritage tourism. Thus, it will contribute to the development of potential tourism and community development policies and strategies at a local, national and international level. An interpretative and inductive approach is utilised, and a mixed method approach followed as it encapsulates the best of quantitative and qualitative research methods. The case studies focus on social enterprises in relation to tourism and community based tourism cooperatives as there are limited study and knowledge of these. Consequently, this research will contribute to the discourse on community based heritage tourism as an aspect of community development.

Keywords: collaboration, community-based heritage tourism, stakeholders, sustainable tourism

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411 The Issue of Online Fake News and Disinformation: Criminal and Criminological Aspects of Prevention

Authors: Fotios Spyropoulos, Evangelia Androulaki, Vasileios Karagiannopoulos, Aristotelis Kompothrekas, Nikolaos Karagiannis

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The problem of 'fake news' and 'hoaxes' has dominated in recent years the field of news, politics, economy, safety, and security as dissemination of false information can intensively affect and mislead public discourse and public opinion. The widespread use of internet and social media platforms can substantially intensify these effects, which often include public fear and insecurity. Misinformation, malinformation, and disinformation have also been blamed for affecting election results in multiple countries, and since then, there have been efforts to tackle the phenomenon both on national and international level. The presentation will focus on methods of prevention of disseminating false information on social media and on the internet and will discuss relevant criminological views. The challenges that have arisen for criminal law will be covered, taking into account the potential need for a multi-national approach required in order to mitigate the extent and negative impact of the fake news phenomenon. Finally, the analysis will include a discussion on the potential usefulness of non-legal modalities of regulation and crime prevention, especially situational and social measures of prevention and the possibility of combining an array of methods to achieve better results on national and international level. This project has received funding from the Hellenic Foundation for Research and Innovation (HFRI) and the General Secretariat for Research and Technology (GSRT), under grant agreement No 80529.

Keywords: cybercrime, disinformation, fake news, prevention

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410 Gaybe-Boom TV: Reading Homonormative Fatherhood on Israeli Television

Authors: Itay Harlap

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Over the past decade, LGBT figures have become increasingly visible on Israeli television in its various channels and genres. In recent years, however, the representation of gays on Israeli television has undergone an interesting shift, whereby many television texts feature gay people as fathers. These texts, mostly news items and documentaries, usually present gay parenthood as a positive phenomenon. The question in paper is whether LGBT parenting (in reality and as representation) fated to be part of the homonormativity that characterizes the LGBT community in Israel, or can it be an alternative to the hegemonic discourse? This paper embraces a dialectical position and explores the tension between mainstream and radical, or homonormativity and queer politics in the specific Israeli Jewish context through a textual and discursive reading of a selection of television programs that revolve principally around gay parenting in Israel. The first part of this lecture addresses the cultural and social context that generated these representations, dealing with three key Israeli areas: The fertility cult, the evolution of the LGBT community, and the evolution of local television. The second part offers a queer reading of these ‘positive’ representations (mainly in special reports on the news and programs labeled as ‘documentaries’ by broadcasters) and highlight the possible price of the ‘bear hug’ given by Israeli media to gay parents. The last part focuses on a single case study, the TV serial drama Ima Veabaz, and suggests that this drama exposes the performative aspect of parenting and the connection between ethnicity and fertility, and offers an alternative to normative displays of gay parenting.

Keywords: fatherhood, heteronormativity, Israel, queer theory, television

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409 The Legal Nature of Grading Decisions and the Implications for Handling of Academic Complaints in or out of Court: A Comparative Legal Analysis of Academic Litigation in Europe

Authors: Kurt Willems

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This research examines complaints against grading in higher education institutions in four different European regions: England and Wales, Flanders, the Netherlands, and France. The aim of the research is to examine the correlation between the applicable type of complaint handling on the one hand, and selected qualities of the higher education landscape and of public law on the other hand. All selected regions report a rising number of complaints against grading decisions, not only as to internal complaint handling within the institution but also judicially if the dispute persists. Some regions deem their administrative court system appropriate to deal with grading disputes (France) or have even erected a specialty administrative court to facilitate access (Flanders, the Netherlands). However, at the same time, different types of (governmental) dispute resolution bodies have been established outside of the judicial court system (England and Wales, and to lesser extent France and the Netherlands). Those dispute procedures do not seem coincidental. Public law issues such as the underlying legal nature of the education institution and, eventually, the grading decision itself, have an impact on the way the academic complaint procedures are developed. Indeed, in most of the selected regions, contractual disputes enjoy different legal protection than administrative decisions, making the legal qualification of the relationship between student and higher education institution highly relevant. At the same time, the scope of competence of government over different types of higher education institutions; albeit direct or indirect (o.a. through financing and quality control) is relevant as well to comprehend why certain dispute handling procedures have been established for students. To answer the above questions, the doctrinal and comparative legal method is used. The normative framework is distilled from the relevant national legislative rules and their preparatory texts, the legal literature, the (published) case law of academic complaints and the available governmental reports. The research is mainly theoretical in nature, examining different topics of public law (mainly administrative law) and procedural law in the context of grading decisions. The internal appeal procedure within the education institution is largely left out of the scope of the research, as well as different types of non-governmental-imposed cooperation between education institutions, given the public law angle of the research questions. The research results in the categorization of different academic complaint systems, and an analysis of the possibility to introduce each of those systems in different countries, depending on their public law system and higher education system. By doing so, the research also adds to the debate on the public-private divide in higher education systems, and its effect on academic complaints handling.

Keywords: higher education, legal qualification of education institution, legal qualification of grading decisions, legal protection of students, academic litigation

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408 Cross Carpeting in Nigerian Politics: Some Legal and Moral Issues Generated

Authors: Agbana Olaseinde Julius, Opadere Olaolu Stephen

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The concept of cross carpeting is as old as politics itself. Basically, it entails an individual leaving a political party/group, to join another. The reasons for which cross carpeting is embarked upon are diverse: ideological differences; ethnic and/or religious differences; access to actual or perceived better political opportunities; liberty of association; rancor; etc. The current democratic dispensation in Nigeria has experienced renewed and rather alarming rate of cross carpeting, for reasons including those enumerated above and others. Right to cross carpet is inherent in a democratic setting as well as the political stakeholder; so does it also comprise of the constitutional right of ‘freedom of association’. However, the current species of cross carpeting in Nigeria requires scrutiny, in view of some potential legal and moral challenges it poses for both the present and the future. Cross carpeting is considered both legal and constitutional, but the current spate raises the question of expediency, particularly in a nascent democracy. It is considered to have a propensity of negatively impacting political stability in a polity with fragile nerves. Importantly too, cross carpeting is considered a potential damage to the psyche of posterity with regards to a warped disposition to promises, honour and integrity. The perceived peculiar dimension of cross carpeting in Nigeria raises questions on the quality of leadership presently obtainable in the country, vis-à-vis greed, self-centeredness, disregard for the concern and interest of avowed followers/fans, entrenchment of distrust, etc. Thus, the study made use of primary and secondary sources of information. The primary sources included the Constitutions of the Federal Republic of Nigeria 1999 (as amended); judicial decisions; and the Electoral Act, 2010 (as Amended). The secondary sources comprised of information from books, journals, newspapers, magazines and Internet documents. Data obtained from these sources were subjected to content analysis. Findings of this study show that though the act of cross carpeting may not be in breach of any Statute or Law, it however, in most cases, breaches the morals of expediency. The morality thereof is far from justifiable, and should be condemned in the interest of the present and posterity. There is a great and urgent need to embark on a re-entrenchment of the culture of political ideology in the Nigerian polity, as obtainable in developed democracies. In conclusion, the need to exercise the right of cross carpeting with caution cannot be overemphasized. Membership of a political group/party should be backed by commitment to well defined ideologies and values. Commitment to them should be regarded akin to that found in the family, which is not easily or flippantly jettisoned.

Keywords: cross-carpeting, Nigeria, legal, moral issues, politics

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407 Understanding Indigenous Perspectives and Critical Knowledge in International Law

Authors: Radhika Jagtap

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Contemporary scholarship in international legal theory is investigating new avenues of providing alternatives to dominant concepts. Indigenous peoples’ philosophies and perspectives developed through them provide a fertile ground to explore similar alternative ideas. This review paper evaluates the theorized accounts of indigenous scholarships which have contributed towards a rich body of knowledge generating alternative visions on dominant notions of ‘post coloniality’, ‘resistance’ and ‘globalization’. Further, it shall assess the relevance of such a project in shaping contemporary international legal thought. Traditional or classical international law has been opined to be highly influenced by the colonial and imperialist history which also left a mark on the way dominant discourses of resistance and globalization are read in mainstream international law. The paper shall first define what do we mean by indigenous philosophy and what kind of indigeneity is that inclusive of. Second, the paper defines the dominant discourse and then counters the same with the alternative indigenous perspective in the case of each concept that is in question. Finally, the paper shall conclude with certain theoretical findings – that the post coloniality, from indigenous perspective, lead to the further marginalization of indigeneity, especially in the third world; that human rights as the sole means of representing resistance in international law ends up making it a very state-centric discipline and last, that globalization from an indigenous, marginalised perspective is not as celebrated as it is in mainstream international law. Major scholarly works that shall be central to the discussion are those of Linda Tuiwahi Smith, Ella Shohat and David Harvey. The nature of the research shall be inductive and involve mostly theoretical review of scholarly works.

Keywords: indigenous, post colonial, globalization, perspectives

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