Search results for: legal texts

Authors: Pichamon Chansuchai

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The objective of this research were to investigate electronic payment system on the internet and offer the guidelines for proper internal control of the payment system based on international standard security control (ISO/IEC 17799:2005),in a case study of payment of the internet, Thailand. The guidelines covered five important areas: (1) business requirement for access control, (2) information systems acquisition, development and maintenance, (3) information security incident management, (4) business continuity management, and (5) compliance with legal requirement. The findings from this qualitative study revealed the guidelines for proper internet control that were more reliable and allow the same line of business to implement the same system of control.

Keywords: audit, best practice, internet, payment

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Authors: Benjamen Nathaniel, Eludiora Safiriyu Ijiyemi, Egume Oneme Lucky

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A review on machine translation systems shows that a lot of computational artefacts has been carried out to translate written or spoken texts from a source language to Yorùbá language through Machine Translation systems. However, there are no work on French to Yorùbá language machine translation system; hence, the study investigated the process involved in the translation of French-to-Yorùbá language equivalent with the view to adopting a rule- based MT approach to build a Machine Translation framework from simple sentences administered through questionnaire. Articles and relevant textbooks were reviewed with key speakers of both languages interviewed to find out the processes involved in the translation of French language and their equivalent in Yorùbálanguage simple sentences using home domain terminologies. Achieving this, a model was formulated using phrase grammar structure, re-write rule, parse tree, automata theory- based techniques, designed and implemented respectively with unified modeling language (UML) and python programming language. Analysing the result, it was observed when carrying out the result that, the Machine Translation system performed 18.45% above Experimental Subject Respondent and 2.7% below Linguistics Expert when analysed with word orthography, sentence syntax and semantic correctness of the sentences. And, when compared with Google Machine Translation system, it was noticed that the developed system performed better on lexicons of the target language.

Keywords: machine translation (MT), rule-based, French language, Yoru`ba´ language

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Authors: Romuald Temomo Wamba, Robert Wanda

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The issue of creative accounting in the psychological and sociological framework has been a mixed subject for over 60 years. The objective of this article is to ensure the existence of creative accounting in Cameroonian entities on the one hand and to understand the strategies used by audit agents to detect errors, omissions, irregularities, or inadequacies in the financial state; optimization techniques used by account preparers to strategically bypass texts on the other hand. To achieve this, we conducted an exploratory study using a cognitive approach, and the data analysis was performed by the software 'decision explorer'. The results obtained challenge the authors' cognition (manifest latent and deceptive behavior). The tax inspectors stress that the entities in Cameroon do not derogate from the rules of piloting in the financial statements. Likewise, they claim a change in current income and net income through depreciation, provisions, inventories, and the spreading of charges over long periods. This suggests the suspicion or intention of manipulating the financial statements. As for the techniques, the account preparers manage the accruals at the end of the year as the basis of the practice of creative accounting. Likewise, management accounts are more favorable to results management.

Keywords: creative accounting, sociocognitive approach, psychological and sociological approach, cognitive dissonance theory, cognitive mapping

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Authors: Rebin Kamal Hama Gharib

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This research paper aims to identify the common and current problems and challenges faced by refugees and internally displaced persons (IDPs) in Iraq. The objective of this research is to highlight the urgent need for policy measures and support to address these issues. The research methodology includes a review of academic literature, government reports, and data collected by international organizations such as the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM). The main contribution of this research is to provide a comprehensive overview of the challenges faced by refugees and IDPs in Iraq, including their legal status, access to basic services, economic opportunities, and social integration.

Keywords: efugees, internally displaced persons, Iraq, challenges, policy measures

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Authors: Yusra Ibrahim

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Parental involvement in their children’s education and behavioral modification is important. This article provides a policy analysis that describes laws and public education regulations concerning justice-involved youth and youth at risk of delinquency in the United Arab Emirates. The article aims to clarify the UAE laws for parents and guardians regarding their involvement in addressing school violations and crimes committed by their children, particularly those with emotional and behavioral disorders, youths at risk for delinquency, and justice-involved youths. The article concludes with implications for parents, policymakers, and educators and suggests ways to improve services and support for these parents and their youth.

Keywords: justice-involved youth, parents, incarceration, incarcerated youth, United Arab Emirates.

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Authors: Marlin Killen

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The American Association of University Professors (AAUP) describes academic freedom as essential to the purposes of research and teaching. The importance of academic freedom as a bedrock foundation that supports the work of the professoriate cannot be overstated, and there have been innumerable challenges that have attempted to curtail it. These challenges come from a variety of sources that span legal, ethical, cultural, institutional, and professional perspective and are amplified by social media, traditional media, and political action efforts. Because of these challenges, the development of a comprehensive institutional policy on academic freedom that addresses the principles, practices, and appropriate responses to modern challenges can be a daunting task. This presentation will focus on a case study of a university’s effort to develop an updated, evolving policy on academic freedom that provides a framework and remedies for contemporary challenges to this critical function in higher education.

Keywords: academic freedom, academic freedom policy, higher education policy

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Authors: Valerie Triggs, Michele Sorensen

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As two university professors in postsecondary faculties of social work and education, we have observed that students often recognize the importance of learning facts about colonization but have difficulty grappling with how they themselves might be implicated in reconciliation or how they might respond to these facts in meaningful ways. The detachment observed between students and factual information results in the initiation of a research study centered around an approach to teaching the course. This involved transitioning its pedagogical format to embrace a/r/tographic methods of teaching, learning, and inquiry. By taking seriously the arguments of various Indigenous scholars for learning from the land and by working alongside traditional Indigenous knowledge, we chose to engage a speculative approach to course design and teaching, which actually used the land as one of the course texts. We incorporated art practices that involved connecting bodies with land as well as using land materials in various creative and aesthetic projects while being informed by Medicine Keepers, Indigenous and settler artists, and knowledge-keeper helpers. In this study, we share some of the unanticipated themes that arose when students began to allow land and artmaking, both aesthetically and intuitively, through both joy and sorrow, to affect a reimagining and repositioning of selves and relations. We found that time and engagement with land and art began to build more empathic understanding and foster personal and professional practices grounded in respect, relevance, reciprocity, and responsibility.

Keywords: reconciliation, decolonization, artmaking, respect

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Authors: Xueying Li

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Different from English, it is common to observe Chinese clauses logically related in an implicit way without any conjunctions. This typological difference has posed a great challenge for Chinese-English translators, as 1) translators may interpret logical meaning in different ways when there are no conjunctions in Chinese Source Text (ST); 2) translators may have questions whether to make Chinese implicit logical meaning explicit or to remain implicit in Target Text (TT), and whether other dimensions of logical meaning (e.g., type of logical meaning) should be shifted or not. Against this background, this study examines a comprehensive arrange of Chinese-English translation choices of logical meaning to deal with this challenge in a systematic way. It compiles several ST-TT passages from a set of translation textbooks in a corpus, namely Ying Yu Bi Yi Shi Wu (Er Ji)) [Translation Practice between Chinese and English: Intermediate Level] and its supportive training book, analyzes how logical meaning in ST are translated in TT in texts across different text types with Systemic Functional Linguistics (SFL) as the theoretical framework, and finally draws a system network of translation choices of logical meaning from Chinese into English. Since translators may probably think about semantic meaning rather than lexico-grammatical resources in translation, this study goes away from traditional lexico-grammatical choices, but rather describing translation choices from the semantic level. The findings in this study can provide some help and support for translation practitioners so that they can understand that besides explicitation, there are a variety of possible linguistic choices available for making informed decisions when translating Chinese logical meaning into English.

Keywords: Chinese-English translation, logical meaning, systemic functional linguistics, translation choices

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Authors: Neelam Kadyan

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Global environmental change is happening at an alarming rate in the present world. Floods, Tsunamis’, Avalanches, Change in Weather patterns, Rise in sea temperature, Landslides, are only few evidences of this change. To regulate such alarming growth of global change in environment certain regulatory system or mechanism is required. Nuisance,negligence,absolute liability,strict liability and trespass are some of the effective common law principles which are helpful in environmental problems. What we need today is sufficient law and adequate machinery to enforce the legal standards. Without law environmental standards cannot be enforced and once again there is need to adopt the common law approach in solving the problem of environmental change as through this approach the affected person can get compensation and as the same time it puts check on wrongdoer.

Keywords: global environmental problems, nuisance, negligence, trespass, strict liability, absolute liability

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Authors: Mustapha Aminu Bagiwa, Ainuddin Wahid Abdul Wahab, Mohd Yamani Idna Idris, Suleman Khan

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Video source device identification has become a problem of concern in numerous domains especially in multimedia security and digital investigation. This is because videos are now used as evidence in legal proceedings. Source device identification aim at identifying the source of digital devices using the content they produced. However, due to affordable processing tools and the influx in digital content generating devices, source device identification is still a major problem within the digital forensic community. In this paper, we discuss source device identification for digital videos by identifying techniques that were proposed in the literature for model or specific device identification. This is aimed at identifying salient open challenges for future research.

Keywords: video forgery, source camcorder, device identification, forgery detection

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Authors: Odirachukwu S. Mwim, Tana Pistorius

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Since the early 1990s political and economic pressures have been mounted on policy and law makers to increase patent protection by raising the protection standards. The perception of the relation between patent protection and development, particularly economic development, has evolved significantly in the past few years. Debate on patent protection in the international arena has been significantly influenced by the perception that there is a strong link between patent protection and economic development. The level of patent protection determines the extent of development that can be achieved. Recently there has been a paradigm shift with a lot of emphasis on extending patent protection to method of doing business generally referred to as Business Method Patenting (BMP). The general perception among international organizations and the private sectors also indicates that there is a strong correlation between BMP protection and economic growth. There are two diametrically opposing views as regards the relation between Intellectual Property (IP) protection and development and innovation. One school of thought promotes the view that IP protection improves economic development through stimulation of innovation and creativity. The other school advances the view that IP protection is unnecessary for stimulation of innovation and creativity and is in fact a hindrance to open access to resources and information required for innovative and creative modalities. Therefore, different theories and policies attach different levels of protection to BMP which have specific implications for economic growth. This study examines the impact of BMP protection on development by focusing on the challenges confronting economic growth in African communities as a result of the new paradigm in patent law. (Africa is used as a single unit in this study but this should not be construed as African homogeneity. Rather, the views advanced in this study are used to address the common challenges facing many communities in Africa). The study reviews (from the point of views of legal philosophers, policy makers and decisions of competent courts) the relevant literature, patent legislation particularly the International Treaty, policies and legal judgments. Findings from this study suggest that over and above the various criticisms levelled against the extreme liberal approach to the recognition of business methods as patentable subject matter, there are other specific implications that are associated with such approach. The most critical implication of extending patent protection to business methods is the locking-up of knowledge which may hamper human development in general and economic development in particular. Locking up knowledge necessary for economic advancement and competitiveness may have a negative effect on economic growth by promoting economic exclusion, particularly in African communities. This study suggests that knowledge of BMP within the African context and the extent of protection linked to it is crucial in achieving a sustainable economic growth in Africa. It also suggests that a balance is struck between the two diametrically opposing views.

Keywords: Africa, business method patenting, economic growth, intellectual property, patent protection

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Authors: A. V. Dolzhikova

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The article deals with the problems of labour migration in the Russian Federation in the context of Russia's national security, provides the typology of migrants residing in the territory of the Russian Federation and analyzes the risk factors. The author considers the structure of migration flows and the terms of legal, economic and socio-cultural adaptation of migrants in the Russian Federation. In this connection, the status of the Russian migration legislation, the concept of the comprehensive exam in Russian as a foreign language, history of Russia and the basics of the Russian Federation legislation for foreign citizens which was introduced in Russia on January 1, 2015, are analyzed. The article discloses its role as the adaptation strategy and the factor of Russia's migration security.

Keywords: comprehensive exam, migration policy, migration legislation, Russia's national security

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Authors: Mahnoush Mahmoudi, Ali Chaeedeh

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In the architecture of Iranian traditional houses, the ornamentations available in the inscriptions of houses entrance portal express the identity of architects and personality of houses owners and are rooted in their religious and national beliefs and faiths. The main hypothesis of this research is changing the physique and application of religious contents in compliance with the thoughts and beliefs of people in Dezfoul historical city in the epigraphs of houses entrance portals. The objective of this study is reviewing the development trend of texts, concepts and physique of inscriptions as well as analyzing the factors effective on the quality and diversity of application of inscriptions. The present research is an applied study and descriptive-analytical method has been applied, and the data was collected by library and survey studies. The population of this research includes historical houses, houses damaged in war (Iran & Iraq) and renovated and new tissue and new-built houses of Dezfoul, from Qajar era so far. Random sampling method has been applied in this study and dispersal area includes the city. Data analysis method in this study is qualitative and quantitative. The results of this study indicate that today the inscriptions available in the entrance portal of houses in Dezfoul comparing to inscriptions in Qajar1 and Pahlavi2 era is very simple and has lower aesthetic value. One of the causes for such superficial and contextual gap between inscriptions seems to be the war and renovations during and after destruction.

Keywords: architecture, islamic architecture, reconstruction, epigraph, inscription, entrance portal, Dezfoul

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Authors: Natalia Kasatkina

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In an ever-increasing globalization, one’s grasp of diversity and tolerance has never been more indispensable, and it is a vital duty for all those in the field of foreign language teaching to help children cultivate such values. The present study explores the role of DIVERSITY and TOLERANCE in the language classroom and elementary, middle, and high school students’ perceptions of these two concepts. It draws on several theoretical domains of language acquisition, cultural awareness, and school psychology. Relying on these frameworks, the major findings are synthesized, and a paradigm of teaching tolerance through language-teaching is formulated. Upon analysing how tolerant our children are with ‘others’ in and outside the classroom, we have concluded that intolerance and aggression towards the ‘other’ increase with age, and that a feeling of supremacy over migrants and a sense of fear towards them begin to manifest more apparently when the students are in high school. In addition, we have also found that children in elementary school do not exhibit such prejudiced thoughts and behavior, which leads us to the believe that tolerance as well as intolerance are learned. Therefore, it is within our reach to teach our children to be open-minded and accepting. We have used the novel ‘Uncle Tom’s Cabin’ by Harriet Beecher Stowe as a springboard for lessons which are not only targeted at shedding light on the role of language in the modern world, but also aim to stimulate an awareness of cultural diversity. We equally strive to conduct further cross-cultural research in order to solidify the theory behind this study, and thus devise a language-based curriculum which would encourage tolerance through the examination of various literary texts.

Keywords: literary text, tolerance, EFL classroom, word-association test

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Authors: Ankita Verma

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Women transform the group of people into a family and a house into a home. When a woman embraces motherhood, she undergoes several stresses – both physical and mental. Therefore, to be supportive of women during this critical stage is a societal responsibility. India is in the league of many developed nations in formulating women-friendly policies. One such initiative is the Maternity Benefits Act; first passed in 1961 and later amended from time to time with the latest amended Act of 2017. This review paper critically analyzes provisions of the Act, its implementation, and the legal issues arising out of implementation of the Act. The review suggests that the Act has made a positive impact and the judiciary also has played its role in streamlining the process of implementation of the Act. However, at the same time, it is also felt that employers often hesitate in hiring a mother or an expectant mother.

Keywords: maternity benefits, maternity benefits act 1961 & 2017, motherhood, maternity and paternity leave, medical bonus, work environment

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Authors: Marina Galakhova

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Nowadays, language variants, as well as minority languages and cultures, are of increased interest, and the desire to protect them is rising. The Maori language is defined as a vulnerable language by UNESCO. Its usage is confined to intra-family communication. It is not being utilized by the younger generation or being taught at an early age; therefore, it is being replaced by more frequently used languages. Maori loanwords are a unique part of New Zealand English. That is why it is worth our attention. The aim of this study is to investigate Maori cultural loanwords in the New Zealand media. Methods of analysis of lexical units, etymological interpretation, and linguocultural commenting were used. The results of the research show that Maori borrowings are used in the media, not only with regard to Maori people but also to the whole nation. The Maori language is often used in media texts, most often without a translation in English. Not only are words borrowed, but also cultural concepts. The language usage is limited to the following spheres: everyday life, education, religion, and media. The conclusion can also be drawn that Maori words are used to emphasize a new bicultural national identity; the revival of the Maori language and culture contributed to a large number of borrowings into New Zealand English. It has been established that the Maori language is substratum because Maori provides an intrusive language, which is English with language material. It is stated that the number of borrowings denoting Maori culture is very significant. This group is even greater than the group relating to flora and fauna. Language policy in New Zealand is designed to protect and promote the Maori language and culture. Tables of Maori loanwords are also presented.

Keywords: loanwords, Maori, minority languages, New Zealand

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Authors: Wasse Uddin Ahmed Saleh, Nawreenbinte Anwar

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A well-written operating note is crucial as a teaching tool for providing patients with high-quality medical care and fending off medico-legal claims. In this review article, some adjustments have been advised to the operative note guidelines by the Royal College of Surgeons (RCS) for different methods of ocular anesthesia and ophthalmic procedures like cataract surgeries, kerato-refractive surgeries, glaucoma surgeries, oculoplastic surgeries, etc. Some modifications of the WHO Surgical Safety Checklist have also been mentioned, including pre-operative responsibilities of the nurses, operative assistants and operating ophthalmologists. It has become essential to assemble globally accepted structured operative note guidelines modified for each ocular surgery.

Keywords: ocular surgeries, operation notes, cataract surgery, kerato-refractive surgery, Oculoplastic surgeries, guidelines

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Authors: Mohamed Saeed Ahmed Salman

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The ancient Egyptians used the stars to measure time or, in a more precise sense, as one of the astronomical means of measuring time. These methods differed throughout the historical ages. They began with simple observations of observing astronomical phenomena and watching them, such as observing the movements of the stars in the sky. The year, to know the days, nights, and other means used to help set the time when the sky overcast, and so the researcher tries through archaeological evidence to demonstrate the knowledge of the ancient Egyptian stars of heaven, and movements through the first pre-history. It is not believed that the astronomical information possessed by the Egyptian was limited, and simple, it was reaching a level of almost optimal in terms of importance, and the goal he wanted to reach the ancient Egyptian, and also help him to know the time, and the passage of time; which ended in finally trying to find a system of timing and calculation of time. It was noted that there were signs that the stellar creed was known, and prosperous, especially since the pre-family ages, and this is evident on the inscriptions that come back to that period. The Egyptian realized that some of the stars remain visible at night, The ancient Egyptian was familiar with the daily journey of the stars. This is what was adopted in many paragraphs of the texts of the pyramids and its references to the rise of the deceased king of the heavenly world between the stars of the eternal sky. It was noted that the ancient Egyptian link between the doctrine of the star, we find that the public The lunar was known to the ancient Egyptians, and sang it for two years, and the stellar solar; but it was based on the appearance of the star Sirius, and this is the first means used to measure time and know the calendar stars.

Keywords: ancient Egyptian, astronomical panels, Egyptian, astronomical

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Authors: Svea Missfeldt, Rainer Höger

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A number of studies show that aircraft noise around airports negatively affects the reading comprehension of children attending schools in the neighbourhood. Yet little is known about the underlying mechanisms. Explanatory approaches discuss the attention capturing effect of noise sources which occupy mental capacity. Research suggests that attentional capacities are especially demanded when different modalities are involved at the same time. To explore whether aircraft noise affects reading processes in specific manners, students read texts in variable sound conditions while their eye movements were recorded. Besides noise caused by aircraft flyovers, which represent moving sound sources, saccades were also recorded under the condition of white noise, a natural sound setting and silence for comparison. Data showed an increase in regressive saccades when the sound of moving sources was presented. Interestingly, this effect was significantly high when the aircrafts moved in the opposite of the reading direction. Especially the latter result is not compatible with the hypothesis of a general impairment of cognitive processes by noise where the direction of movement should not have an influence. Reading is assumed to be based on two different attentional mechanisms: overt and covert attention, where the latter supports control and pre-planning of eye movements during reading. We believe that covert attention is affected by moving sound sources, resulting in an enhanced number of backwardly directed saccades.

Keywords: aircraft noise, attentional processes, cognition, eye movements, reading saccades

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Authors: Enkelejda Koka, Denard Veshi

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Since 2011, in the name of ‘humanitarianism’ and deaths in the Mediterranean Sea, the legal and political justification delivered by Greece to manage the refugee crisis is pre-emptive interception. Although part of the EU, Greece adopted its own strategy. These practices have also created high risks for migrants generally resulting in non-rescue episodes and push-back practices having lethal consequences to the life of the irregular migrant. Thus, this article provides an analysis of the Greek ‘compassionate border work’ policy, a practice known as push-back. It is argued that these push-back practices violate international obligations, notably the ‘right to life’, the ‘duty to search and rescue’, the prohibition of inhuman or degrading treatment or punishment and the principle of non-refoulement.

Keywords: Greece, migrants, push-back policy, violation of international law

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Authors: Aji Budi Rinekso

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There are some common problems that are often faced by students in writing. The problems are related to macro and micro skills of writing, such as incorrect spellings, inappropriate diction, grammatical errors, random ideas, and irrelevant supporting sentences. Therefore, it is needed a teaching technique that can solve those problems. Dictogloss technique is a teaching technique that involves listening practices. So, it is a suitable teaching technique for students with auditory learning style. Dictogloss technique comprises of four basic steps; (1) warm up, (2) dictation, (3) reconstruction and (4) analysis and correction. Warm up is when students find out about topics and do some preparatory vocabulary works. Then, dictation is when the students listen to texts read at normal speed by a teacher. The text is read by the teacher twice where at the first reading the students only listen to the teacher and at the second reading the students listen to the teacher again and take notes. Next, reconstruction is when the students discuss the information from the text read by the teacher and start to write a text. Lastly, analysis and correction are when the students check their writings and revise them. Dictogloss offers some advantages in relation to the efforts of improving writing skills. Through the use of dictogloss technique, students can solve their problems both on macro skills and micro skills. Easier to generate ideas and better writing mechanics are the benefits of dictogloss.

Keywords: auditory learners, writing skills, dictogloss technique, second language learning

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Authors: Husen Ahmed Tura

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There are strong links between secure land rights and food security in Africa. However, as land is owned by governments, land users do not have adequate legislative protection. This article explores normative and implementation gaps in relation to small-scale farmers’ land rights under the Ethiopia’s law. It finds that the law facilitates eviction of small-scale farmers and indigenous peoples from their land without adequate alternative means of livelihood. It argues that as access to land and other natural resources is strongly linked to the right to adequate food, Ethiopia should reform its land laws in the light of its legal obligations under international human rights law to respect, protect and fulfill the right to adequate food and ensure freedom from hunger.

Keywords: smallholder, secure land rights , food security, right to food, land grabbing, forced evictions

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Authors: Daniel Suarez Alonso

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Cybercrime is a growing international threat and a challenge for law enforcement agencies and judicial systems worldwide. International cooperation is necessary to solve this problem because cybercrime knows no borders and often involves multiple jurisdictions, being related to organised crime. The purpose of this article is to analyse international cooperation in the investigation and prosecution of cybercrime, focusing on the framework of the Regulation of the European Union Agency for Law Enforcement Cooperation (EUROPOL), cooperation that takes place between police authorities from different countries. It examines the legal and operational mechanisms in place to facilitate international cooperation in Europe in this area and assesses their effectiveness in the fight against cybercrime. In addition, the study of a Spanish investigation where cooperation with EUROPOL took place will be examined, analyzing how international cooperation was carried out to investigate and track down criminals. Lessons learned from this case will be discussed and recommendations for improving international cooperation in the fight against cybercrime will be proposed.

Keywords: Europol, international cooperation, cybercrime, computer crime, law

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Authors: Muhammad Fairul Azreen bin Mohd Zahid, Melissa Querk, Aimi Nabila bt Anizaim

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For this particular research, the focus is based on the practice as research which will produce a choreography as the outcome. The ideas organically develop as an “epiphany” from the meeting, brainstorming, or situation that revolves around surroundings. In this study, the researchers are approaching the national pillar of Malaysia known as ‘Rukun Negara’ to develop a choreographic idea. The concept theory of Speech Act by J.L Austin is used to compose the choreography alongside with national pillar ‘Rukun Negara’ as a guideline for a contemporary work titled, The Pledge 2.0, besides fostering the spirit of unity. These approaches will offer flexibility in creating a choreography piece. The pledge has crossed the boundaries by using texts and heavy issues in choreography developments. It will emphasize the concept of delivering the speech via verbal and nonverbal body language. Besides using the Theory of Speech Acts, the development process of creating this piece will lay the bare normative structure implicit in performance practice. Converging current issues into the final choreographic piece for this research is vital as this research will explore a few choreography methods from different perspectives. Hence, the audience will be able to see the world of dance that always revolves in line with the diachronic process in many ways. The method used in this research is qualitative, which will be used in finding the movement that fits the given facts.

Keywords: performing arts, speech act, performative, nationalism, choreography, politic in dance

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Authors: Dana Pugach, Michal Tamir

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Most criminal cases end with a plea agreement, an issue whose many aspects have been discussed extensively in legal literature. One important feature, however, has gained little notice, and that is crime victims’ place in plea agreements following the federal Crime Victims Rights Act of 2004. This law has provided victims some meaningful and potentially revolutionary rights, including the right to be heard in the proceeding and a right to appeal against a decision made while ignoring the victim’s rights. While victims’ rights literature has always emphasized the importance of such right, references to this provision in the general literature about plea agreements are sparse, if existing at all. Furthermore, there are a few cases only mentioning this right. This article purports to bridge between these two bodies of legal thinking – the vast literature concerning plea agreements and victims’ rights research– by using behavioral economics. The article will, firstly, trace the possible structural reasons for the failure of this right to be materialized. Relevant incentives of all actors involved will be identified as well as their inherent consequential processes that lead to the victims’ rights malfunction. Secondly, the article will use nudge theory in order to suggest solutions that will enhance incentives for the repeat players in the system (prosecution, judges, defense attorneys) and lead to the strengthening of weaker group’s interests – the crime victims. Behavioral psychology literature recognizes that the framework in which an individual confronts a decision can significantly influence his decision. Richard Thaler and Cass Sunstein developed the idea of ‘choice architecture’ - ‘the context in which people make decisions’ - which can be manipulated to make particular decisions more likely. Choice architectures can be changed by adjusting ‘nudges,’ influential factors that help shape human behavior, without negating their free choice. The nudges require decision makers to make choices instead of providing a familiar default option. In accordance with this theory, we suggest a rule, whereby a judge should inquire the victim’s view prior to accepting the plea. This suggestion leaves the judge’s discretion intact; while at the same time nudges her not to go directly to the default decision, i.e. automatically accepting the plea. Creating nudges that force actors to make choices is particularly significant when an actor intends to deviate from routine behaviors but experiences significant time constraints, as in the case of judges and plea bargains. The article finally recognizes some far reaching possible results of the suggestion. These include meaningful changes to the earlier stages of criminal process even before reaching court, in line with the current criticism of the plea agreements machinery.

Keywords: plea agreements, victims' rights, nudge theory, criminal justice

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Authors: Nurul Imansari

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The study object in this research is 'pregnancy and women’s subjectivity represented in Ali’s Brick Lane, Cusk’s Arlington Park, and McGregor’s If Nobody Speaks of Remarkable Things'. Pregnancy is invested with both figurative and literal significance in the novels. Being a symbol of domesticity of the woman in the novels, pregnancy conveys the relationship of the women due to their role as a mother and wife in a family and their subjectivity as a woman. The aim of this study is to examine to what extent pregnancy affects the subjectivity of woman in Ali’s 'Brick Lane', Cusk’s 'Arlington Park', and McGregor’s 'If Nobody Speaks of Remarkable Things'. It also discusses on how pregnancy can be seen as a symbolic sense and the things that symbolise it. The study uses theoretical ideas of female subjectivity proposed by Julia Kristeva. She stated that in patriarchal culture, the meaning of a woman is always being reduced to the function of reproduction. She has emphasized a new discourse about pregnancy that recognizes the importance of maternal function in the development of subjectivity and in culture. The result shows that the three novels represent pregnancy as something which can affect women’s subjectivity but the way in representing the pregnancy are different from each other. Kristeva’s idea about pregnancy and women’s subjectivity can be applied in both Cusk’s Arlington Park, and McGregor’s If Nobody Speaks of Remarkable Things as the characters in the texts come from the same background as her. However, it can hardly be applied to Ali’s Brick Lane because this idea can justify the women to choose their own way and South Asian culture still bound to the strong patriarchal system.

Keywords: culture, pregnancy, subjectivity, women

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Authors: Andreas Aceranti, Simonetta Vernocchi, Marco Colorato, Kaoutar Filahi

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This study was inspired by the necessity of giving forensic linguistics and phonetics more and more importance and the intention to explore those topics in an attempt to understand what the role of these disciplines really is in investigations of any nature. The goal is to analyze what are the achievements that those subjects have been able to reach, and what contribution they gave to the legal world; the analysis and study of those topics are supported by the recounting of real cases that have included forensic and phonetic linguistics. One of the most relevant cases is that of the Unabomber, an investigation that brought to light the importance and highlighted the importance this matter can have in difficult and time-consuming cases such as the one we have here. We also focus on the areas of expertise of those new branches of applied linguistics, focusing on what is the use of this new discipline in Italy and abroad and showing what could be the possible improvements that the Italian state could apply in order to be able to catch up with countries like Great Britain.

Keywords: forensic linguistic, forensic phonetics, investigation, criminalistics

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Authors: Purnima Anjali Mohanty, Mousumi Padhi

Abstract:

Background of the study: In the background of the passage of the Transgender Bill 2016, which is the first such step of formal recognition of the rights of transgender, the Hijras have been recognized under the wider definition of Transgender. Fascinatingly, in the Hindu social context, Hijras have a long social standing during marriages and childbirths. Other than this ironically, they live an ostracized life. The Bill rather than recognizing their unique characteristics and needs, reinforces the societal dualism through a parallelism of their legal rights with rights available to women. Purpose of the paper: The research objective was to probe why and to what extent did they identify themselves with the feminine gender roles. Originality of the paper: In the Indian context, the subject of eunuch has received relatively little attention. Among the studies that exist, there has been a preponderance of studies from the perspective of social exclusion, rights, and physical health. There has been an absence of research studying the self-identity of Hijras from the gender perspective. Methodology: The paper adopts the grounded theory method to investigate and discuss the underlying gender identity of transgenders. Participants in the study were 30 hijras from various parts of Odisha. 4 Focus group discussions were held for collecting data. The participants were approached in their natural habitat. Following the methodological recommendations of the grounded theory, care was taken to select respondents with varying experiences. The recorded discourses were transcribed verbatim. The transcripts were analysed sentence by sentence, and coded. Common themes were identified, and responses were categorized under the themes. Data collected in the latter group discussions were added till saturation of themes. Finally, the themes were put together to prove that despite the demand for recognition as third gender, the eunuchs of Odisha identify themselves with the feminine roles. Findings: The Hijra have their own social structure and norms which are unique and are in contrast with the mainstream culture. These eunuchs live and reside in KOTHIS (house), where the family is led by a matriarch addressed as Maa (mother) with her daughters (the daughters are eunuchs/effeminate men castrated and not castrated). They all dress up as woman, do womanly duties, expect to be considered and recognized as woman and wife and have the behavioral traits of a woman. Looking from the stance of Feminism one argues that when the Hijras identify themselves with the gender woman then on what grounds they are given the recognition as third gender. As self-identified woman; their claim for recognition as third gender falls flat. Significance of the study: Academically it extends the study of understanding of gender identity and psychology of the Hijras in the Indian context. Practically its significance is far reaching. The findings can be used to address legal and social issues with regards to the rights available to the Hijras.

Keywords: feminism, gender perspective, Hijras, rights, self-identity

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Authors: Lesley Karen Penera

Abstract:

Despite the countless that has been drawn to investigate Philippine English for a myriad of reasons, none was known to have ventured on a probe of its grammatical features as used in a technology-driven linguistic landscape by two generations in the digital age. Propelled by the assumption of an emerging Philippine English variety, this paper determined the grammatical features that characterize the digital native-immigrants’ Philippine English. It also ascertained whether mistake or deviation instigated the use of the features, and established this variety’s level of comprehensibility. This exploratory mixed-methods inquiry employed some qualitative and quantitative data drawn from a social networking site, the digital native-immigrant group, and the comprehensibility-raters who were selected through non-random purposive sampling. The study yields 8 grammatical features, mostly deemed results of deviation, yet the texts characterized by such features were mostly rated with excellent comprehensibility. This substantiates some of the grammatical features identified in earlier studies, provides evidentiary proof that the digital groups’ Philippine English is not bound by the standard of syntactic accuracy and corroborates the assertion on language’s manipulability as an instrument fashioned to satisfy the users’ need for successful communication in actual instances for use of English past the walls of any university where the variety is cultivated. The same could also be rationalized by some respondents’ position on grammar and accuracy to be less vital than one’s facility to communicate effectively.

Keywords: comprehensibility, deviation, digital immigrants, digital natives, mistake, Philippine English variety

Procedia PDF Downloads 157

Authors: Tomás Speziale

Abstract:

This paper aims to analyse how Ian Hacking states the theoretical basis of his research on the classification of people. Although all his early philosophical education had been based in Foucault, it is also true that Erving Goffman’s perspective provided him with epistemological and methodological tools for understanding face-to-face relationships. Hence, all his works must be thought of as social science texts that combine the research on how the individuals are constituted ‘top-down’ (as in Foucault), with the inquiry into how people renegotiate ‘bottom-up’ the classifications about them. Thus, Hacking´s proposal constitutes a middle ground between the French Philosopher and the American Sociologist. Placing himself between both authors allows Hacking to build a frame that is expected to adjust to Social Sciences’ main particularity: the fact that they study interactive kinds. These are kinds of people, which imply that those who are classified can change in certain ways that prompt the need for changing previous classifications themselves. It is all about the interaction between the labelling of people and the people who are classified. Consequently, understanding the way in which Hacking uses Foucault’s and Goffman’s theories is essential to fully comprehend the social dynamic between individuals and concepts, what Bert Hansen had called dialectical realism. His theoretical proposal, therefore, is not only valuable because it combines diverse perspectives, but also because it constitutes an utterly original and relevant framework for Sociological theory and particularly for Criminology.

Keywords: classification of people, Foucault's archaeology, Goffman's interpersonal sociology, interactive kinds

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