Search results for: legal texts
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2242

Search results for: legal texts

1192 Limits and Barriers of Value Creation and Projects Development: The Case of Tunisian SMEs

Authors: Samira Boussema, Ben Hamed Salah

Abstract:

Entrepreneurship was always considered to be the most appropriate remedy for various economies’ symptoms. It is presented as a complex process that faces several barriers thereby inhibiting a project’s implementation phase. In fact, after a careful review of the literature, we noticed that empirical researches on reasons behind non-developing entrepreneurial projects are very rare, suggesting a lack in modeling the process in general and the pre-start phase in particular. Therefore, in this study we try to identify the main environmental barriers to developing business projects in Tunisia through the study of a representative sample of undeveloped projects. To this end, we used a quantitative approach which allowed us to examine the various barriers encountered by young entrepreneurs during their projects’ implementation. Indeed, by modeling the phenomenon we found that these managers face barriers of legal, financial, educational and government support dimensions.

Keywords: entrepreneurship, environmental barriers, non-implementation of projects, structural modeling

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1191 Epistemic Stance in Chinese Medicine Translation: A Systemic Functional Perspective

Authors: Yan Yue

Abstract:

Epistemic stance refers to the writer’s judgement about the certainty of the proposition, which demonstrates writer’s degree of commitment and confidence to the status of the information. Epistemic stance can exert great consequence to the validity or reliability of the values of a statement, however, to date, it receives little attention in translations studies, especially from the perspective of systemic functional linguistics (SFL) and with the relation to translator’s domain knowledge. This study is corpus-based research carried out in SFL perspective, which investigates translator’s epistemic stance pattern in Chinese medicine discourse translations by translators with and without medical domain knowledge. Overall, our findings show that all translators tend to be neither too assertive nor too doubted about Chinese medicine statements, and they all tend to express their epistemic stance in a subjective rather than objective way. Individually, there is a clear pattern of epistemic stance marked off by translators’ medical expertise, which further consolidates the previous finding that epistemic asymmetry is found most salient between lay people and professionals. However, contrary to our hypothesis, translators as clinicians who have more medical knowledge are found to be more tentative to TCM statements than translators as non-clinicians. This finding could serve to refine the statements about the relation between writer’s domain knowledge and epistemic stance-taking and the current debate whether Chinese medicine texts should only be translated by clinicians.

Keywords: epistemic stance, domain knowledge, SFL, medical translation

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1190 Cultural Effects on the Performance of Non- Profit and For-Profit Microfinance Institutions

Authors: Patrick M. Stanton, William R. McCumber

Abstract:

Using a large dataset of more than 2,400 individual microfinance institutions (MFIs) from 120 countries from 1999 to 2016, this study finds that nearly half of the international MFIs operate as for-profit institutions. Formal institutions (business regulatory environment, property rights, social protection, and a developed financial sector) impact the likelihood of MFIs being for-profit across countries. Cultural differences across countries (power distance, individualism, masculinity, and indulgence) seem to be a factor in the legal status of the MFI (non-profit or for-profit). MFIs in countries with stronger formal institutions, a greater degree of power distance, and a higher degree of collectivism experience better financial and social performance.

Keywords: Hofstede cultural dimensions, international finance, microfinance institutions, non-profite

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1189 No-Par Shares Working in European LLCs

Authors: Agnieszka P. Regiec

Abstract:

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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1188 Development of Elementary Literacy in the Czech Republic

Authors: Iva Košek Bartošová

Abstract:

There is great attention being paid in the field of development of first reading, thus early literacy skills in the Czech Republic. Yet inconclusive results of PISA and PIRLS force us to think over the teacher´s work, his/her roles in the education process and methods and forms used in lessons. There is also a significant importance to monitor the family environment and the pupil, themselves. The aim of the publishing output is to focus on one side dealing with methods of practicing reading technique and their results in the process of comprehension. In the first part of the contribution there are the goals of development of reading literacy and the methods used in reading practice in some EU countries and a follow-up comparison of research implemented by the help of modern technology of an eye tracker device in the year 2015 and a research conducted at the Institute of Education and Psychological Counselling of the Czech Republic in the year 2011/12. These are the results of a diagnostic test of reading in first classes of primary schools, taught by the genetic method and analytic-synthetic method. The results show that in the first stage of practice there are no statistically significant differences between any researched subjects taught by different methods of reading practice (with the use of several diagnostic texts focused on reading technique and its comprehension). Different results are shown at the end of Grade One and during Grade Two of primary school.

Keywords: elementary literacy, eye tracker device, diagnostic reading tests, reading teaching method

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1187 Smuggling of Migrants as an Influential Factor on National Security, Economic and Social Life

Authors: Jordan Georgiev Deliversky

Abstract:

Human trafficking and smuggling of migrants are criminal activities, which are on the rise over recent years. The number of legal migrants arrived in Europe from outside the European Union are far less than those who want to come and settle in Europe. The objective of this paper is to present the impact on economic and social life of significant measures influencing the smuggling of migrants. The analysis is focused on various complex factors which have multiple origins and are highly influential as regard to the process of migration and the smuggling of migrants. The smuggling of migrants is a criminal activity, directly related to migration. The main results show that often the routes chosen for smuggling of migrants are circuitous, as smugglers carefully avoid strictly controlled roads, checkpoints, and countries or jurisdictions where there is efficiency of justice, with particular emphasis on the law on trafficking of persons and smuggling of migrants.

Keywords: corruption, migration, security, smuggling

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1186 Information Disclosure And Financial Sentiment Index Using a Machine Learning Approach

Authors: Alev Atak

Abstract:

In this paper, we aim to create a financial sentiment index by investigating the company’s voluntary information disclosures. We retrieve structured content from BIST 100 companies’ financial reports for the period 1998-2018 and extract relevant financial information for sentiment analysis through Natural Language Processing. We measure strategy-related disclosures and their cross-sectional variation and classify report content into generic sections using synonym lists divided into four main categories according to their liquidity risk profile, risk positions, intra-annual information, and exposure to risk. We use Word Error Rate and Cosin Similarity for comparing and measuring text similarity and derivation in sets of texts. In addition to performing text extraction, we will provide a range of text analysis options, such as the readability metrics, word counts using pre-determined lists (e.g., forward-looking, uncertainty, tone, etc.), and comparison with reference corpus (word, parts of speech and semantic level). Therefore, we create an adequate analytical tool and a financial dictionary to depict the importance of granular financial disclosure for investors to identify correctly the risk-taking behavior and hence make the aggregated effects traceable.

Keywords: financial sentiment, machine learning, information disclosure, risk

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1185 The Influence of Collaboration on Individual Writing Quality: The Case of Iranian vs. Malaysian Freshers

Authors: Seyed Yasin Yazdi-Amirkhiz, Azirah Hashim

Abstract:

This study purported to comparatively investigate the influence of collaborative writing on the quality of individual writing of four female Iranian and four female Malaysian students. The first semester students at a private university in Malaysia, who were homogeneous in terms of age, gender, study discipline, and language proficiency, were divided into two Iranian and two Malaysian dyads. The dyads performed collaborative writing tasks for 15 sessions; after three consecutive collaborative writing sessions, each participant was asked to individually attempt a writing task. Both collaborative and individual writing tasks comprised isomorphic graphic prompts (IELTS Academic Module task 1). Writing quality of the five individually-produced texts during the study was scored in terms of task achievement (TA), cohesion/coherence (C/C), grammatical range/accuracy (GR/A), and lexical resources (LR). The findings indicated a hierarchy of development in TA and C/C among all the students, while LR showed minor improvement only among three of Malaysian students, and GR/A barely exhibited any progress among all the participants. Intermittent progressions and regressions were also discerned in the trajectory of their writing development. The findings are discussed in the light of the socio-cultural and emergentist perspectives, the typology of tasks used as well as the role of the participants’ level of language proficiency.

Keywords: collaborative writing, writing quality, individual writing, collaboration

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1184 Active Victim Participation in the Criminal Justice System: The Indian Scenario

Authors: Narayani Sepaha

Abstract:

In earlier days, the sufferer was burdened to prove the offence as well as to put the offender to punishment. The adversary system of legal procedure was characterized simply by two parties: the prosecution and the defence. With the onset of this system, firstly the judge started acting as a neutral arbitrator, and secondly, the state inadvertently started assuming the lead role and thereby relegated the victims to the position of oblivion. In this process, with the increasing role of police forces and the government, the victims got systematically excluded from the key stages of the case proceedings and were reduced to the stature of a prosecution witness. This paper tries to emphasise the increasing control over the various stages of the trial, by other stakeholders, leading to the marginalization of victims in the trial process. This monopolization has signalled the onset of an era of gross neglect of victims in the whole criminal justice system. This consciousness led some reformists to raise their concerns over the issue, during the early part of the 20th century. They started supporting the efforts which advocated giving prominence to the participation of victims in the trial process. This paved the way for the evolution of the science of victimology. Markedly the innovativeness to work out facts, seek opinions and statements of the victims and reassure that their voice is also heard has ensured the revival of their rightful roles in the justice delivery system. Many countries, like the US, have set an example by acknowledging the advantages of participation of victims in trials like in the proceedings of the Ariel Castro Kidnappings of Cleveland, Ohio and enacting laws for protecting their rights within the framework of the legal system to ensure speedy and righteous delivery of justice in some of the most complicated cases. An attempt has been made to flag that the accused have several rights in contrast to the near absence of separate laws for victims of crime, in India. It is sad to note that, even in the initial process of registering a crime the victims are subjected to the mercy of the officers in charge and thus begins the silent suffering of these victims, which continues throughout the process of their trial. The paper further contends, that the degree of victim participation in trials and its impact on the outcomes, can be debated and evaluated, but its potential to alter their position and make them regain their lost status cannot be ignored. Victim participation in trial proceedings will help the court in perceiving the facts of the case in a better manner and in arriving at a balanced view of the case. This will not only serve to protect the overall interest of the victims but will act to reinforce the faith in the criminal justice delivery system. It is pertinent to mention that there is an urgent need to review the accused centric prosecution system and introduce appropriate amendments so that the marginalization of victims comes to an end.

Keywords: victim participation, criminal justice, India, trial, marginalised

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1183 Critical Discourse Analysis of Political TV Talk Show of Pakistani Media

Authors: Sumaira Saleem, Sajjad Hussain, Asma Kashif Shahzad, Hina Shaheen

Abstract:

This study aims at exploring the relationship between language and ideology and how such relationships are represented in the analysis of spoken texts, following Van Dijk’s Socio Cognitive Model (2002). In this study, it is tried to show that political Talk shows broadcast by Private TV channels are working apparatuses of ideology and store meanings which are not always obvious for readers. This analysis was about the situation created by Arslan Iftkhar, the son of ex-Chief Justice of Pakistan, Iftikhar Muhammad Chaudry and PTI Chief Imran Khan. Arslan Iftikhar submitted an application against Imran Khan that he is not able to become a member of parliament of Pakistan. In the application, he demanded the documents, which are submitted by Imran Khan at the time of Election to the Election Commission of Pakistan. Murad Ali from PTI also submitted an application against PM Nawaz Sharif to the Election Commission of Pakistan for providing the copies. It also suggests that these talk shows mystify the agency of processes by using various strategies. In other words, critical text analyses reveal how these choices enable speakers to manipulate the realizations of agency and power in the representation of action to produce particular meanings which are not always explicit for all readers.

Keywords: ECP, CDA, socio cognitive model, ideology, TV channels, power

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1182 The Implementation of Special Grammar Circle (Spegraci) as the Media Innovation for Blind People to Learn English Tenses

Authors: Aji Budi Rinekso, Revika Niza Artiyana, Lisa Widayanti

Abstract:

English is one of the international languages in the world. People use this language to communicate with each other in the international forums, international events or international organizations. As same as other languages, English has a rule which is called grammar. Grammar is the part of english which has a role as the language systems. In grammar, there are tenses which provide a time period system for past, present and future. Sometimes it is difficult for some English learner to remember all of the tenses completely. Especially for those with special needs or exceptional children with vision restrictiveness. The aims of this research are 1) To know the design of Special Grammar Circle (Spegraci) as the media for blind people to learn english grammar. 2) To know the work of Special Gramar Circle (Spegraci) as the media for blind people to learn english grammar. 3) To know the function of this device in increasing tenses ability for blind people. The method of this research is Research and Development which consists of several testing and revision of this device. The implementation of Special Grammar Circle (Spegraci) is to make blind people easily to learn the tenses. This device is easy to use. Users only roll this device and find out the tense formula and match to the name of the formula in braille. In addition, this device also enables to be used by normal people because normal written texts are also provided.

Keywords: blind people, media innovation, spegraci, tenses

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1181 Domain specific Ontology-Based Knowledge Extraction Using R-GNN and Large Language Models

Authors: Andrey Khalov

Abstract:

The rapid proliferation of unstructured data in IT infrastructure management demands innovative approaches for extracting actionable knowledge. This paper presents a framework for ontology-based knowledge extraction that combines relational graph neural networks (R-GNN) with large language models (LLMs). The proposed method leverages the DOLCE framework as the foundational ontology, extending it with concepts from ITSMO for domain-specific applications in IT service management and outsourcing. A key component of this research is the use of transformer-based models, such as DeBERTa-v3-large, for automatic entity and relationship extraction from unstructured texts. Furthermore, the paper explores how transfer learning techniques can be applied to fine-tune large language models (LLaMA) for using to generate synthetic datasets to improve precision in BERT-based entity recognition and ontology alignment. The resulting IT Ontology (ITO) serves as a comprehensive knowledge base that integrates domain-specific insights from ITIL processes, enabling more efficient decision-making. Experimental results demonstrate significant improvements in knowledge extraction and relationship mapping, offering a cutting-edge solution for enhancing cognitive computing in IT service environments.

Keywords: ontology mapping, R-GNN, knowledge extraction, large language models, NER, knowlege graph

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1180 Exploring the Role of Humorous Dialogues in Advertisements of Pakistani Network Companies: Analysis of Discourses through Multi-Modal Critical Approach

Authors: Jane E. Alam Solangi

Abstract:

The contribution of the study is to explore the important part of humorous dialogues in cellular network advertisements. This promotes the message of valuable construction and promotion of network companies in Pakistan that employ different and broad techniques to give promotion to selling products. It merely instigates the consumers to buy it. The results of the study after analysis of its collected data gives a vision that advertisers of network advertisements use humorous dialogues as a significant device to the greater level. The source of entertainment in the advertisement is accompanied by the texts and humorous discourses to influence buying decisions of the consumers. Therefore, it tends to neutralize personal and social based values. The earlier contribution of scholars presented that the technical employment of humorous devices leads to the successful market of the relevant products. In order to analyze the humorous discourse devices, the approach of multi-modality of Fairclough (1989) is used. It is accompanied by the framework of Kress and van Leeuwen’s (1996). It analyzes the visual graph of the grammar. The overall findings in the study verified the role of humorous devices in the captivation of consumers’ decision to buy the product that interests them. Therefore, the role of humor acts as a breaker of the monotonous rhythm of advertisements.

Keywords: advertisements, devices, humorous, multi-modality, networks, Pakistan

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1179 Sustainability of Offshore Petroleum Resources Extraction and Management of Bangladesh: International and Regional Frameworks

Authors: Muhammad Farhad Hosen

Abstract:

This article examines the sustainability of offshore petroleum resource extraction and management in Bangladesh, focusing on international and regional frameworks. The analysis includes international conventions such as UNCLOS, IMO regulations, and SDGs, as well as regional cooperation through organizations like BIMSTEC and SAARC. The objective is to highlight the impact of these frameworks on sustainable extraction practices, address challenges, and offer recommendations for enhancing Bangladesh's legal and regulatory approaches to offshore resource management. The article underscores the need for harmonizing national laws with international standards, enhancing enforcement mechanisms, and promoting regional cooperation to ensure sustainable development.

Keywords: Bangladesh, international frameworks, offshore petroleum, regional framework, sustainability

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1178 A Textual Analysis of Prospective Teachers’ Social Justice Identity Development and LGBTQ Advocacy

Authors: Mi Ok Kang

Abstract:

This study examined the influences of including LGBTQ-related content in a multicultural teacher education course on the development of prospective teachers’ social justice identities. Appling a content analysis to 53 reflection texts written by participating prospective teachers in response to the relevant course content, this study deduced the stages of social justice identity development (naïve, acceptance, resistance, redefinition, and internalization) that participants reached during the course. The analysis demonstrated that the participants reached various stages in the social identity development model and none of the participants remained at the naïve stage during/after class. The majority (53%) of the participants reached the internalization stage during the coursework and became conscious about the heterosexual privileges they have had and aware of possible impacts of such privilege on their future LGBTQ students. Also the participants had begun to develop pedagogic action plans and devised applicable teaching strategies for their future students based on the new understanding of heteronormativity. We expect this study will benefit teacher educators and educational administrators who want to address LGBTQ-related issues in their multicultural education programs and/or revisit the goals, directions, and implications of their approach.

Keywords: LGBTQ, heteronormativity, social justice identity, teacher education, multicultural education, content analysis

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1177 A Critical Appraisal of Illegal Immigrants in Maldives: An Overview

Authors: Md. Zahidul Islam, Mohamed Shujau Abdul Hakeem

Abstract:

Illegal immigrants’ problem is a big problem all over the world including Maldives. Nowadays, it is turned into a major problem for Maldives. Many illegal immigrants are staying in Maldives from different countries such as Bangladesh, India, Pakistan, Nepal, Philippines and Sri Lanka. The aim of this article is to highlight the present situation of illegal immigrant in Maldives. At the same time, this article also tries to explain the legal protection of illegal immigrant. The research will adopt qualitative methods of research. The qualitative method involves doctrinal. As a doctrinal research, author used secondary sources. As secondary sources, the author used journal articles, newspapers and other useful materials to help the purpose of this research. Government agencies have to more concern to solve this problem.

Keywords: critical appraisal, illegal immigrants, Maldives, overview

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1176 Freight Forwarders’ Liability: A Need for Revival of Unidroit Draft Convention after Six Decades

Authors: Mojtaba Eshraghi Arani

Abstract:

The freight forwarders, who are known as the Architect of Transportation, play a vital role in the supply chain management. The package of various services which they provide has made the legal nature of freight forwarders very controversial, so that they might be qualified once as principal or carrier and, on other occasions, as agent of the shipper as the case may be. They could even be involved in the transportation process as the agent of shipping line, which makes the situation much more complicated. The courts in all countries have long had trouble in distinguishing the “forwarder as agent” from “forwarder as principal” (as it is outstanding in the prominent case of “Vastfame Camera Ltd v Birkart Globistics Ltd And Others” 2005, Hong Kong). It is not fully known that in the case of a claim against the forwarder, what particular parameter would be used by the judge among multiple, and sometimes contradictory, tests for determining the scope of the forwarder liability. In particular, every country has its own legal parameters for qualifying the freight forwarders that is completely different from others, as it is the case in France in comparison with Germany and England. The unpredictability of the courts’ decisions in this regard has provided the freight forwarders with the opportunity to impose any limitation or exception of liability while pretending to play the role of a principal, consequently making the cargo interests incur ever-increasing damage. The transportation industry needs to remove such uncertainty by unifying national laws governing freight forwarders liability. A long time ago, in 1967, The International Institute for Unification of Private Law (UNIDROIT) prepared a draft convention called “Draft Convention on Contract of Agency for Forwarding Agents Relating to International Carriage of Goods” (hereinafter called “UNIDROIT draft convention”). The UNIDROIT draft convention provided a clear and certain framework for the liability of freight forwarder in each capacity as agent or carrier, but it failed to transform to a convention, and eventually, it was consigned to oblivion. Today, after nearly 6 decades from that era, the necessity of such convention can be felt apparently. However, one might reason that the same grounds, in particular, the resistance by forwarders’ association, FIATA, exist yet, and thus it is not logical to revive a forgotten draft convention after such long period of time. It is argued in this article that the main reason for resisting the UNIDROIT draft convention in the past was pending efforts for developing the “1980 United Nation Convention on International Multimodal Transport of Goods”. However, the latter convention failed to become in force on due time in a way that there was no new accession since 1996, as a result of which the UNIDROIT draft convention must be revived strongly and immediately submitted to the relevant diplomatic conference. A qualitative method with the concept of interpretation of data collection has been used in this manuscript. The source of the data is the analysis of international conventions and cases.

Keywords: freight forwarder, revival, agent, principal, uidroit, draft convention

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1175 Deconstructing and Reconstructing the Definition of Inhuman Treatment in International Law

Authors: Sonia Boulos

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The prohibition on ‘inhuman treatment’ constitutes one of the central tenets of modern international human rights law. It is incorporated in principal international human rights instruments including Article 5 of the Universal Declaration of Human Rights, and Article 7 of the International Covenant on Civil and Political Rights. However, in the absence of any legislative definition of the term ‘inhuman’, its interpretation becomes challenging. The aim of this article is to critically analyze the interpretation of the term ‘inhuman’ in international human rights law and to suggest a new approach to construct its meaning. The article is composed of two central parts. The first part is a critical appraisal of the interpretation of the term ‘inhuman’ by supra-national human rights law institutions. It highlights the failure of supra-national institutions to provide an independent definition for the term ‘inhuman’. In fact, those institutions consistently fail to distinguish the term ‘inhuman’ from its other kin terms, i.e. ‘cruel’ and ‘degrading.’ Very often, they refer to these three prohibitions as ‘CIDT’, as if they were one collective. They were primarily preoccupied with distinguishing ‘CIDT’ from ‘torture.’ By blurring the conceptual differences between these three terms, supra-national institutions supplemented them with a long list of specific and purely descriptive subsidiary rules. In most cases, those subsidiary rules were announced in the absence of sufficient legal reasoning explaining how they were derived from abstract and evaluative standards embodied in the prohibitions collectively referred to as ‘CIDT.’ By opting for this option, supra-national institutions have created the risk for the development of an incoherent body of jurisprudence on those terms at the international level. They also have failed to provide guidance for domestic courts on how to enforce these prohibitions. While blurring the differences between the terms ‘cruel,’ ‘inhuman,’ and ‘degrading’ has consequences for the three, the term ‘inhuman’ remains the most impoverished one. It is easy to link the term ‘cruel’ to the clause on ‘cruel and unusual punishment’ originating from the English Bill of Rights of 1689. It is also easy to see that the term ‘degrading’ reflects a dignatarian ideal. However, when we turn to the term ‘inhuman’, we are left without any interpretative clue. The second part of the article suggests that the ordinary meaning of the word ‘inhuman’ should be our first clue. However, regaining the conceptual independence of the term ‘inhuman’ requires more than a mere reflection on the word-meaning of the term. Thus, the second part introduces philosophical concepts related to the understanding of what it means to be human. It focuses on ‘the capabilities approach’ and the notion of ‘human functioning’, introduced by Amartya Sen and further explored by Martha Nussbaum. Nussbaum’s work on the basic human capabilities is particularly helpful or even vital for understanding the moral and legal substance of the prohibition on ‘inhuman’ treatment.

Keywords: inhuman treatment, capabilities approach, human functioning, supra-national institutions

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1174 Optimal Health and Older Adults: The Existential Health Dimension as a Health-Promoting Potential

Authors: Jessica Hemberg, Anna K. Forsman, Johanna Nordmyr

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With a considerable increase in the aging population in the Nordic countries there is a call for a deeper understanding of healthy aging and its underlying mechanisms. The aim of this study is to uncover health and well-being for older adults according to their own views and understand what role the existential dimension play? The study uses a hermeneutical approach. Material was collected through focus group interviews with 18 older adults. The texts were interpreted through hermeneutical reading. The underlying mechanisms of health among older adults are described, illustrating the key prerequisites for health as being in the present. This implies ‘living on the continuums of life and death’ and in this field of forces also ‘living on the continuum of the past and the future’. Important aspects for being in the present was balancing ambivalent emotions, considering existential issues, and being in connectedness. Health for older adults may be understood in the light of the metaphor of taking it one day at a time. Being in the present was emphasized as a health potential for older adults highlighting the existential health dimension. From a societal point of view, this implies that health promotion should focus on highlighting the importance of the existential dimension of health since it holds health-promoting potentials for older adults. Optimal health for older adults requires awareness of one’s attitude to life through being in the present as a basis for a positive and healthy outlook on life.

Keywords: focus group interviews, hermeneutics, life experiences, older adults

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1173 British Aristocratic Irony on Screen: Subtitling Shifts in Downton Abbey

Authors: Nahed Almutairi

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The subtitling process for period dramas implies a set of linguistic challenges. Audio-visual (AV) texts in this genre weave a rich tapestry of verbal irony blended with humor. The famous TV series Downtown Abbey contains such irony as one of the British aristocracy's linguistic markers. This study aims to examine subtitling strategies utilized in rendering such verbal irony. To counteract the negative postulated by Berman with the positive shifts, a qualitative analysis is conducted to examine the impact of the presence and absence of negative deforming tendencies in the Arabic subtitles of the first season of the British drama. This research is significant because it contributes to the discipline of translation studies, specifically the realm of AV translation. It seeks to provide a set of guidelines for optimal subtitling strategies that maintain the stylistic peculiarities of a social class that don’t exist in the target culture while also considering the practical aspects of translating subtitles. The findings indicate that negative shifts in the use of ironic expressions distort not only the stylistic elements of British aristocracy's utterances but also result in a loss of the intended meaning. This implies that what Berman’s model identifies as negative is also perceived as negative linguistic shifts in the Arabic subtitles of the British aristocracy’s verbal irony.

Keywords: Downton Abbey, deforming tendencies, berman, subtitling shifts, verbal irony

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1172 Glimpses into the History of Makkah in the Light of Archaeological Finds

Authors: Heba Aboul-Enein

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The blessed Mecca (Makkah) has been attacked as a city without a pre-Islamic history. Many claims have been posited denying the historicity of this holy city, and mythicizing Arabic historical records. Hence, the current paper attempted to shed light on this controversial history of Makkah. To achieve the intended objective, the study recoursed to archaeological, historical, and linguistic evidence, to prove that the holy city existed since the dawn of human history. The data under study include the results of recent excavations; archaeological surveys in Saudi Arabia, academic works of archaeologists, newspaper reports of the latest archaeological discoveries, and the findings of Saudi explorers. In addition, the study examined ancient and contemporary references; western accounts of Makkah, the bible, Jewish, Christian, Islamic, and Arabic references, in an effort to reconcile these texts with the archeological findings. The paper also reviewed the latest results of aerial archeology of the region. The study proved based on archaeological finds, and contrary to fallacious claims, that Makkah is an ancient city that existed and was inhabited by humans in varied historical eras.

Keywords: aerial archaeology, archaeological finds in the Makkan region, archaeological surveys, Western, Jewish and Islamic accounts of Makkah

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1171 Teaching Creative Thinking and Writing to Simultaneous Bilinguals: A Longitudinal Study of 6-7 Years Old English and Punjabi Language Learners

Authors: Hafiz Muhammad Fazalehaq

Abstract:

This paper documents the results of a longitudinal study done on two bilingual children who speak English and Punjabi simultaneously. Their father is a native English speaker whereas their mother speaks Punjabi. Their mother can speak both the languages (English and Punjabi) whereas their father only speaks English. At the age of six, these children have difficulty in creative thinking and of course creative writing. So, the first task for the researcher is to impress and entice the children to think creatively. Various and different methodologies and techniques were used to entice them to start thinking creatively. Creative thinking leads to creative writing. These children were exposed to numerous sources including videos, photographs, texts and audios at first place in order to have a taste of creative genres (stories in this case). The children were encouraged to create their own stories sometimes with photographs and sometimes by using their favorite toys. At a second stage, they were asked to write about an event or incident. After that, they were motivated to create new stories and write them. Length of their creative writing varies from a few sentences to a two standard page. After this six months’ study, the researcher was able to develop a ten steps methodology for creating and improving/enhancing creative thinking and creative writing skills of the subjects understudy. This ten-step methodology entices and motivates the learner to think creatively for producing a creative piece.

Keywords: bilinguals, creative thinking, creative writing, simultaneous bilingual

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1170 Epic Consciousness: New possibilities for Epic Expression in Post-War American Literature During the Age of Late Capitalism

Authors: Safwa Yargui

Abstract:

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

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

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1169 Guidelines for Proper Internal Control of Internet Payment: A Case Study of Internet Payment Gateway, Thailand

Authors: Pichamon Chansuchai

Abstract:

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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1168 On ‘Freaks’ and the Feminine in Margaret Atwood’s ‘Lusus Naturae’

Authors: Shahd Alshammari

Abstract:

This paper considers one of Margaret Atwood’s short stories ‘Lusus Naturae'. Through a critical lens that makes use of Julia Kristeva’s work on Powers of Horror and abjection, this paper suggests that the monstrous girl is the disabled woman, the abject in society. The monster is used as a metaphor for the unknown, the misunderstood, and the ‘different’ woman. Culturally Relevant Teaching (CRT) is a pedagogy that calls for making course material accessible and relevant to students. Through the study of literary texts, we are able to help create agency inside and outside the classroom. Stories are a necessary part of establishing connections across borders and boundaries. Stories are meant to raise awareness both inside and outside the classroom. The discussion is equally important, and the text is meant to facilitate relevant questions that the students need to consider when it comes to identity. Questions to consider are: what does it mean to be a ‘girl’ today, and what implications and consequences are at hand when you fail to perform this gendered identity? Gender is sometimes a fatal bond in the Middle East, and even more so, is the disability. In the case of our unnamed protagonist, she undergoes a process of un-becoming, a non-linear process of growing up. In a sense, it is a counter-Bildungsroman. The reading of this text emphasizes that a non-linear narrative is sometimes necessary for the female protagonist’s self-awareness and development. Discussion in class facilitates this sense of agency and questioning of gender and disability.

Keywords: disability, gender, literature, pedagogy

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1167 Problems and Challenges Facing Refugees and Internally Displaced Persons In Iraq

Authors: Rebin Kamal Hama Gharib

Abstract:

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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1166 Representation of Female Experiences by Upcoming African Women Writers: A Case Study of Three Post-2000 South African Narratives

Authors: Liberty Takudzwa Nyete

Abstract:

This paper examines the feminine representation of women’s experiences in relation to womanhood as depicted by selected three South African female authors:. The study examines the challenges, difficulties and strategies used by various female characters’ to deal with situations in a typical apartheid and post-apartheid society. It also explores the way in which gender, race and class discourses are treated in the selected texts. The three authors, born and bred at the peak of the anti-apartheid movement and women’s protest against patriarchy, witnessed the effects of apartheid on both their families and societies at large which could perhaps have influenced their writing. The study is informed by both the feminist and womanist ideologies postulated by different theorists. In particular, the study of Not Woman Enough considers issues of motherhood, womanhood and racism; while that of Shameless focuses on the importance of women’s narration of their own stories, sexuality and racism; and the depiction of sexual violence, class, and women’s roles in the fight against oppression is explored with regard to This Book Betrays My Brother. Thus, the study concludes on the social makeovers that include women in all the spheres of life, such as education and the economy, which were largely dominated by men but are no longer defined by economic status, physical attributes, class nor sexuality.

Keywords: apartheid, feminism, prostitution, sexual violence, womanism, womanhood

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1165 Blue Eyes and Blonde Hair in Mass Media: A News Discourse Analysis of Western Media on the News Coverage of Ukraine

Authors: Zahra Mehrabbeygi

Abstract:

This research is opted to analyze and survey discourse variety and news image-making in western media regarding the news coverage of the Russian army intrusion into Ukraine. This research will be done on the news coverage of Ukraine in a period from February 2022 to May 2022 in five western media, "BBC, CBS, NBC, Al Jazeera, and Telegraph." This research attempts to discover some facts about the news policies of the five western news agencies during the circumstances of the Ukraine-Russia war. Critical theories in the news, such as Framing, Media Imperialism of News, Image Making, Discourse, and Ideology, were applied to achieve this goal. The research methodology uses Van Dijk's discourse exploration method based on discourse analysis. The research's statistical population is related to all the news about racial discrimination during the mentioned period. After a statistical population survey with Targeted Sampling, the researcher randomly selected ten news cases for exploration. The research findings show that the western media have similarities in their texts via lexical items, polarization, citations, persons, and institutions. The research findings also imply pre-suppositions, connotations, and components of consensus agreement and underlying predicates in the outset, middle, and end events. The reaction of some western media not only shows their bewilderment but also exposes their prejudices rooted in racism.

Keywords: news discourse analysis, western media, racial discrimination, Ukraine-Russia war

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1164 Legal Rights of Parents of Justice-Involved Youth in the United Arab Emirates

Authors: Yusra Ibrahim

Abstract:

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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1163 Academic Freedom Policy: A Case Study

Authors: Marlin Killen

Abstract:

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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