Search results for: English civil justice system

Authors: Andhika Danesjvara

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Governance of the Republic of Indonesia should be based on the principle of sovereignty and the rule of law. Based on these principles, all forms of decisions and/or actions of government administration should be based on the sovereignty of the people and the law. Decisions and/or actions for citizens should be based on the provisions of the legislation and the general principles of good governance. Control of the decisions and/or actions is a part of administrative review and also judicial control. The control is part of the administrative justice system, which is intended for people affected by the decisions or administrative actions. This control is the duty and authority of the government or independent administrative court. Therefore, systems and procedures for the implementation of the task of governance and development must be regulated by law. Systems and procedures of governance is a subject studied in administrative law, therefore, the research also includes a review of the principles of law in administrative law. The administrative law procedure is important for the government to make decisions, the question is whether the procedures are part of the justice system itself.

Keywords: administrative court, administrative justice, administrative law, administrative procedures

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Authors: Pi-Lan Yang

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It is controversial which type of gloss condition (i.e., gloss language or gloss position) is more effective in second or foreign language (L2) vocabulary learning. The present study compared the performance on learning ten English words in the conditions of L2 English reading with no glosses and with glosses of Chinese equivalents/translations and L2 English definitions at the side of a page and at an attached sheet for low-intermediate Chinese-speaking learners of English, who were technology university students in Taiwan. It is found first that the performances on the immediate posttest and the delayed posttest were overall better in the gloss condition than those in the no-gloss condition. Next, it is found that the glosses of Chinese translations were more effective and sustainable than those of L2 English definitions. Finally, the effects of L2 English glosses at the side of a page were observed to be less sustainable than those at an attached sheet. In addition, an opinion questionnaire used also showed a preference for the glosses of Chinese translations in L2 English reading. These results would be discussed in terms of automated lexical access, sentence processing mechanisms, and the trade-off nature of storage and processing functions in working memory system, proposed by the capacity theory of language comprehension.

Keywords: glosses of Chinese equivalents/translations, glosses of L2 English definitions, L2 vocabulary learning, L2 English reading

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Authors: Ghazi Alotaibi

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The current study examined and described the views of secondary school students and their parents on their reasons for seeking private tutors in English. These views were obtained through two group interviews with the students and parents separately. Several causes were brought up during the two interviews. These causes included difficulty of the English language, weak teacher performance, the need to pass exams with high marks, lack of parents’ follow-up of student school performance, social pressure, variability in student comprehension levels at school, weak English foundation in previous school years, repeated student absence from school, large classes, as well as English teachers’ heavy teaching loads. The study started with a description of the EFL educational system in Saudi Arabia and concluded with recommendations for the improvement of the school learning environment.

Keywords: english, learning difficulty, private tutoring, Saudi, teaching practices, learning environment

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Authors: Sadiya S. Silvee

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Generally, the decision of the higher court is binding on its subordinate courts. As provided in Article 111 of the Constitution, 'the law declared by the Appellate Division (AD) shall be binding on the High Court Division (HCD) and the law declared by either division of the Supreme Court shall be binding on all courts subordinate to it.' This means the judicial discipline requires the HCD to follow the decision of the AD and that it is necessary for the lower tiers of courts to accept the decision of the higher tiers as a binding precedent. Analyzing the application of Article 111 of the Constitution in the criminal justice system as a sentencing guideline, the paper, by examining whether there is any consistency in decision between one HC Bench and another HC Bench, explores whether HCD can per incuriam its previous decision. In doing so, the Death Reference (DR) Cases are contemplated. Furthermore, the paper shall examine whether the Court of Session follows the decision of the HCD while using their discretion to make the choice between death and imprisonment for life under section 302 of PC. The paper argues due to the absence of any specific direction for sentencing and inconsistency in jurisprudence among the HCD; the subordinate courts are in a dilemma.

Keywords: death reference, sentencing factor, sentencing guideline, criminal justice system and constitution

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Authors: Rafat Y. Alwazna

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Certain religious texts are deemed part of legal texts that are characterised by high sensitivity and sacredness. Amongst such religious texts are Islamic legal texts that are replete with Islamic legal terms that designate particular legal concepts peculiar to Islamic legal system and legal culture. However, from the syntactic perspective, Islamic legal texts prove lengthy, condensed and convoluted, with little use of punctuation system, but with an extensive use of subordinations and co-ordinations, which separate the main verb from the subject, and which, of course, carry a heavy load of legal detail. The present paper seeks to examine the syntactic features of Islamic legal texts through analysing a short text of Islamic jurisprudence in an attempt at exploring the syntactic features that characterise this type of legal text. A translation of this text into legal English is then exercised to find the translation implications that have emerged as a result of the English translation. Based on these implications, the paper compares and contrasts the syntactic features of Islamic legal texts to those of legal English texts. Finally, the present paper argues that there are a number of syntactic features of Islamic legal texts, such as nominalisation, passivisation, little use of punctuation system, the use of the Arabic cohesive device, etc., which are also possessed by English legal texts except for the last feature and with some variations. The paper also claims that when rendering an Islamic legal text into legal English, certain implications emerge, such as the necessity of a sentence break, the omission of the cohesive device concerned and the increase in the use of nominalisation, passivisation, passive participles, and so on.

Keywords: English legal texts, Islamic legal texts, nominalisation, participles, passivisation, syntactic features, translation implications

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Authors: Abdullah Khuwaileh

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The central aim of this paper is to investigate writing skills in the two languages involved, English and Arabic, and to see whether there is an association between poor writing across languages. That is to say, and it is thought that learners might be excellent in their L1 (Language 1: Arabic) but not in L2 (language 2: English). However, our experimental research findings resulted in an interesting association between L1 and L2. Data were collected from 150 students (chosen randomly) who wrote about the same topic in English and Arabic. Topics needed no preparation as they were common and well-known. Scripts were assessed respectively by ELT (English Language Teaching) and Arabic specialists. The study confirms that poor writing in English correlates with similar deficiencies in the mother tongue (Arabic). Thus, the common assumption in ELT that all learners are fully competent in their first language skills is unfounded. Therefore, the criticism of ELT programs for speakers of Arabic, based on poor writing skills in English and good writing in Arabic is not justified. The findings of this paper can be extended to other learners of English who speak Arabic as a first language and English as a foreign and/or second language. The study is concluded with several research and practical recommendations

Keywords: language, writing, culture, l1

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Authors: Pranee Liamputtong, Hala Kurban

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Based on the therapeutic landscape theory, this paper examines how young Middle-Eastern refugee individuals perceive their health and well-being and address the barriers they face in their new homeland and the means that helped them to form social connections in their new social environment. Qualitative methods (in-depth interviews and mapping activities) were conducted with ten young people from refugee backgrounds. Thematic analysis method was used to analyse the data. Findings suggested that the young refugees face various structural and cultural inequalities that significantly influenced their health and well-being. Mental health well-being was their greatest health concern. All reported the significant influence the English language had on their ability to adapt and form connections with their social environment. The presence of positive social support in their new social environment had a great impact on the health and well-being of the participants. The findings of this study have implications for social justice among refugees. They also contributed to the role of therapeutic landscapes and social support in helping young refugees to feel that they belonged to the society, and hence assisted them to adapt to their new living situation.

Keywords: young refugees, Middle-Eastern, social support, social justice

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Authors: Morteza Khorrami

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The idea of final triumph of peace and justice on evil force, conflict and global spread of the religious faith, the full deployment of human values, constitute a utopia and the ideal society is discussed by many of religions. Thus, mankind has always been waiting for a savior and has received good tidings for coming of Great Savior at the end of Time. Of course, various persons were introduced as the Promised Saviors by different religions, but all of the religions share in this fact that the future of humanity is very bright and promising and the future will belong to the righteous and justice. In this article which is written with a descriptive and analytic method, the author tries to show the vision of global justice at the end of time. The opinion of various religions such as Judaism, Christianity, Zoroastrianism, Islam and even idolatry about the great savior as well as the justice status in his era in the world will be discussed. Also the viewpoint of Muslims and specially Shiites, which is explained clearly in their scripts, will be depicted. Current human responsibility towards this golden era will be discussed, too. Based on paper findings, religious doctrine promises that a heaven person and sacred character will come as a reformer of the world. In his era, humanity will be saved from tyranny, oppression and inequality, and the earth will be filled with peace, security, justice, and equity. Moreover promoting justice, truth and spreading religion in the world, economic, scientific, political and moral development will be happened.

Keywords: future of humanity, global justice, islam, religions

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Authors: Michel Zaitouni, Mohamed Nassar

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The purpose of this study is first, to explore the effect of employees’ perception of justice on trust in the supervisor in the context of performance appraisal; Second, to assess the role of perceived supervisor support as a mediator between organizational justice and trust in the supervisor in a non-western society such as Kuwait.The survey data consisted of 415 employees working at different hierarchical levels in three major banks in Kuwait. Hierarchical regression analysis was used to test the research hypotheses. Results supported hypothesized relationships between distributive, informational and interpersonal justice and trust in the supervisor but failed to support that procedural justice positively and significantly relate to trust in the supervisor. Moreover, results found that this relationship is partially mediated by perceived supervisor support. A potential limitation of this study is that data were obtained from the same industry which limits the generalizability of this study to other industries. Moreover, a longitudinal research will be helpful to strengthen the mediating relationship. The findings provide valuable information for the development of common perspectives regarding the perception of justice in the context of performance appraisal between the western and non-western societies. The paper has the privilege to explore additional relationships related to justice perceptions in the Kuwaiti banking sector, whereas previous research focused mainly on procedural and distributive justice as predictors of trust in the supervisor.

Keywords: Kuwait, organizational justice, perceived supervisor support, trust in the supervisor

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Authors: Eric Agrie Ambele

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The norms and models for learning pronunciation in relation to the teaching and learning of English pronunciation are key issues nowadays in English Language Teaching in ESL contexts. This paper discusses these issues based on a study on the attitudes of some Francophone university students in Cameroon towards three English accents spoken in Cameroon: Cameroon Francophone English (CamFE), Cameroon English (CamE), and Hyperlectal Cameroon English (near standard British English). With the desire to know more about the treatment that these English accents receive among these students, an aspect that had hitherto received little attention in the literature, a language attitude questionnaire, and the matched-guise technique was used to investigate this phenomenon. Two methods of data analysis were employed: (1) the percentage count procedure, and (2) the semantic differential scale. The findings reveal that the participants’ attitudes towards the selected accents vary in degree. Though Hyperlectal CamE emerged first, CamE second and CamFE third, no accent, on average, received a negative evaluation. It can be deduced from this findings that, first, CamE is gaining more and more recognition and can stand as an autonomous accent; second, that the participants all rated Hyperlectal CamE higher than CamE implies that they would be less motivated in a context where CamE is the learning model. By implication, in the teaching of English pronunciation to francophone learners learning English in Cameroon, Hyperlectal Cameroon English should be the model.

Keywords: teaching pronunciation, English accents, Francophone learners, attitudes

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Authors: Choedchoo Kwanhathai

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This study explores attitudes towards ASEAN plus ONE (namely ASEAN plus China) accents of English as a Lingua Franca. The study draws attention to features of ASEAN’s diversity of English and specifically examines the extent of which the English accent in ASEAN countries of three of the ten members plus one were perceived in terms of correctness, acceptability, pleasantness, and familiarity. Three accents were used for this study; Chinese, Philippine and Thai. The participants were ninety eight Thai students enrolled in a foundation course of Suan Dusit Rajabhat University, Bangkok Thailand. The students were asked in questionnaires to rank how they perceived each specifically ASEAN plus One English accent after listening to audio recordings of three stories spoken by the three different ASEAN plus ONE English speakers. SPSS was used to analyze the data. The findings of attitudes towards varieties of English accent from the 98 respondents regarding correctness, acceptability, pleasantness, and familiarity of Thai English accents found that Thai accent was overall at level 3 (X = 2.757, SD= o.33), %Then Philippines accents was at level 2 (X = 2.326, SD = 16.12), and Chinese accents w2as at level 3 (X 3.198, SD = 0.18). Finally, the present study proposes pedagogical implications for teaching regarding awareness of ‘Englishes’ of ASEAN and their respective accents and their lingua cultural background of instructors.

Keywords: English as a lingua franca, English accents, English as an international language, ASEAN plus one, ASEAN English varieties

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Authors: Omenogor, Happy Dumbi

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This paper examines the areas of convergence and divergence between English and Ųkwųanį (a language in Nigeria) vowel systems with particular emphasis on the front vowels. It specifies areas of difficulty for the average Ųkwųanį users of English and Ųkwųanį L1 users of English as a second language. The paper explains the nature of contrastive analysis, the geographical locations where Ųkwųanį is spoken as mother tongue as well as English and Ųkwųanį front vowels. The principles of establishing phonemes, minimal pairs in Ųkwųanį as well as the vowel charts in both languages are among the issues highlighted in this paper.

Keywords: convergence, divergence, English, Ukwųanį

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Authors: Pujiyono, Reda Manthovani, Deny Tri Ardianto, Rabani Halawa, Isharyanto

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This research has background that the taxpayer (defendant) who has paid off the tax payable and the tax penalty payable after the tax case file has been transferred to the court, while the legality of stopping the prosecution of tax cases on the grounds that in the interest of state revenue is not regulated in the provisions of Law Number 8 of 1981 concerning The Criminal Procedure Code and Law Number 28 of 2007 concerning the Third Amendment to Law Number 6 of 1983 concerning General Provisions and Tax Procedures as amended several times, most recently by Law Number 16 of 2009 concerning Stipulation of Government Regulation in Lieu of Law Number 5 of 2008 concerning Fourth Amendment to Law Number 6 0f 1983 concerning General Provisions and Tax Procedures to become Law, even though at the investigation stage it regulates the mechanism for stopping the investigation for the sake of the interest of acceptance ne this is because before the case file is transferred to the court where at the request of the Minister of Finance of The Republic of Indonesia can stop the investigation in the interest of state revenue so that based on this phenomenon a legal vacuum is found. Therefore, a non-penal policy is needed from the public prosecutor to resolve tax crime cases without going through litigation in court through the penal mediation method using the Plea Bargaining System which adheres to the principles of restorative justice and obligative justice based on the ultimum remedium principle and the principle of opportunity in order to realize the principle of fast, simple and low cost justice (content principle). This research is a normative legal research, using a statutory approach, conceptual approach, and comparative law approach. Regulations that is used in many countries, include America, The Netherlands and Singapore. The results of this study indicate that there is a reformulation of the tax criminal justice system which regulates the mechanism, qualifications and authority to terminate the prosecution of tax cases in the interest of state revenues in order to achieve legal goals which are not only for legal certainty but more that, namely providing benefits and legal justice for people seeking justice.

Keywords: obligative justice, regulation, state reveneus, tax criminal

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Authors: Hassan Barau Singhry

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Purpose: Leadership or the absence of it is an important behaviour affecting employees’ job satisfaction. Although, there are many models of leadership, one that stands out in a period of change is the transformational behaviour. The aim of this study is to investigate the role of an organizational justice on the relationship between transformational leadership and employee job satisfaction. The study is based on the assumption that change begins with leaders and leaders should be fair and just. Methodology: A cross-sectional survey through structured questionnaire was employed to collect the data of this study. The population is selected the three tiers of government such as the local, state, and federal governments in Nigeria. The sampling method used in this research is stratified random sampling. 418 middle managers of public organizations respondents to the questionnaire. Multiple regression aided by structural equation modeling was employed to test 4 hypothesized relationships. Finding: The regression results support for the mediating role of organizational justice such as distributive, procedural, interpersonal and informational justice in the link between transformational leadership and job satisfaction. Originality/value: This study adds to the literature of human resource management by empirically validating and integrating transformational leadership behaviour with the four dimensions of organizational justice theory. The study is expected to be beneficial to the top and middle-level administrators as well as theory building and testing.

Keywords: distributive justice, job satisfaction, organizational justice, procedural justice, transformational leadership

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Authors: Jutharat Nawarungreung

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As an international language, English is used as a medium in formal and informal settings including all kinds of entertainment. As it were, the use of English in such an arena is of no less importance and interest, and indeed it becomes a valuable tool for EFL learners to learn and improve their language. In addition, it is a social perspective in the way that English is incorporated in other nationalities’ music, as well as the attitudes of listeners toward it. This research principally aimed to find out the level of comprehensibility of English inserted in Thai pop music. There were three groups of participants, namely Thais, non-native speakers who are non-Thai and native speakers, 35 each group. The research tools comprised song lyrics, interviews, questionnaires, and video recorder. The participants listened to Thai songs and wrote down the English words and their meanings they heard. They were video-recorded when listening to the songs, and then asked on particular actions and facial expressions. Afterwards, they were interviewed to account for their attitudes toward the incorporation of English into Thai songs. Finally, the participants completed a questionnaire. Data was analysed by the way of comparison of all the participants’ pronunciation. In doing so, the number of correct and incorrect answers was revealed. The study has shown that those who attained the highest level of understanding the English words in Thai music were Thais, native speakers, and non-native speakers who are non-Thai respectively.

Keywords: English throughout the world, varieties of English, English in Thai songs, intelligibility, attitudes

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Authors: L. Tizzi

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The aim of this contribution is to present the experience of the U.S. secondary school Social Justice High School (SoJo), part of the larger Campus of Little Village Lawndale High School (LVLHS) located in Chicago, Illinois (USA). This experience can be considered a concrete application of the principles of the educational perspective known, in the United States, as Social Justice Education, aimed at ensuring quality education and educational success for students from disadvantaged groups, particularly those characterized by “biculturalism”, i.e. students with a dual cultural and linguistic background. The contribution will retrace the historical and social events that led to the birth of the SoJo, explaining the principles and methods used by the school to achieve its objectives and giving also some statistical data.

Keywords: biculturalism, educational success, social justice education, social justice high school

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Authors: Behnam Habibi Dargah

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The economics of cost-benefit theory seeks to monitor claims and determine their final price. The cost of litigation is important because it is a measure of the efficiency of the justice system. From an economic point of view, the cost of litigation is considered to be the point of equilibrium of litigation, whereby litigation is regarded as a high-risk investment and is initiated when the costs are less than the probable and expected benefits. Costs are economically separated into private and social costs. Private cost includes material (direct and indirect) and spiritual costs. The social costs of litigation are also subsidized-centric due to the public and governmental nature of litigation and cover both types of bureaucratic bureaucracy and the costs of judicial misconduct. Macroeconomic policy in the economics of justice is the reverse engineering of controlling the social costs of litigation by employing selective litigation and working on the judicial culture to achieve rationality in the monopoly system. Procedures for controlling and managing court costs are also circumscribed to economic patterns in the field. Rational cost allocation model and cost transfer model. The rational allocation model deals with cost-tolerance systems, and the transfer model also considers three models of transferability, including legal, judicial and contractual transferability, which will be described and explored in the present article in a comparative manner.

Keywords: cost of litigation, economics of litigation, private cost, social cost, cost of litigation

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Authors: Ziyu Liu, Martin Buijsen

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Although great achievements have been made since the beginning of the Chinese healthcare system reform in 1978, there still remain unresolved problems. Currently, the two leading social issues are accessibility and affordability of healthcare. Facing those challenges, Chinese government initiated the third round of healthcare system reform, accompanied by an array of measures. The newly launched strategies show a tendency to deliver healthcare as welfare goods, achieving equality through an ex-post perspective instead of an ex-ante view. However, if the reform efforts rely solely on the notion of “welfare”, the wrong idea of the government as the only duty-bearer in healthcare will arise. Several major threats, such as high costs as a result of inefficiencies and free riding then become imminent. Therefore, on the basis of Dworkin’s theory, this paper argues that individual responsibility should be introduced when constructing a sustainable healthcare system. And it should be equally highlighted as the duties of government. Furthermore, the notion of individual responsibility is believed to be necessary for promoting the justice of a healthcare system.

Keywords: Chinese healthcare system reform, individual responsibility, right to healthcare, social justice

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Authors: Mahdi Karimi

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One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: defense attorney, equality of arms, fair trial, reducing the penalty, right to defense

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Authors: Lisa Winstead, Penny Congcong Wang

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This two-year multiple case study of eight Spanish-English speaking teachers explores bilingual-bicultural Latino teachers’ lived experiences as English Language Learners and, more recently, as adult teachers who work with English Language Learners in mainstream schools. Research questions explored include: How do bilingual-bicultural teachers perceive their native language use and sense of self within society from childhood to adulthood? Correspondingly, what are bilingual teachers’ perceptions of how their own language learning experience might affect teaching students of similar linguistic and cultural backgrounds? This study took place in an urban area in the Pacific Southwest of the United States. Participants were K-8 teachers and enrolled in a Spanish-English bilingual authorization program. Data were collected from journals, focus group interviews, field notes, and class artifacts. Within case and cross-case analysis revealed that the participants were shamed about their language use as children which contributed to their primary language loss. They similarly reported how experiences of mainstream educator and administrator language shaming invalidated their ability to provide support for Latino heritage ELLs, despite their bilingual-bicultural expertise. However, participants reported that counter-narratives from the bilingual authorization program, parents, community and church organizations, and cultural responsive teachers were effective in promoting their language retention, pride, and feelings of well-being.

Keywords: teacher education, bilingual education, English language learners, emergent bilinguals, social justice, language shame, language loss, translanguaging

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Authors: Umeda Junaydova

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Legal aid is a key element of access to justice. According to UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, state members bear the obligation to put in place accessible, effective, sustainable, and credible legal aid systems. Regarding this obligation, developing countries, such as Tajikistan, faced challenges in terms of financing this system. Thus, many developed nations have launched rule-of-law programs to support these states and ensure access to justice for all. Following independence from the Soviet Union, Tajikistan committed to introducing the rule of law and providing access to justice. This newly established country was weak, and the sudden outbreak of civil war aggravated the situation even more. The country needed external support and opened its door to attract foreign donors to assist it in its way to development. In 2015, Tajikistan, with the financial support of development partners, was able to establish a state-funded legal aid system that provides legal assistance to vulnerable and marginalized populations, including in criminal cases. In the beginning, almost the whole system was financed from donor funds; by that time, the contribution of the government gradually increased, and currently, it covers 80% of the total budget. All these governments' actions toward ensuring access to criminal legal aid for disadvantaged groups look promising; however, the reality is completely different. Currently, not all disadvantaged people are covered by these services, and their cases are most of the time considered without appropriate defense, which leads to violation of fundamental human rights. This research presents a comprehensive exploration of the interplay between donor assistance and the effectiveness of legal aid services in Tajikistan, with a specific focus on criminal cases involving vulnerable groups, such as women and children. In the context of Tajikistan, this study addresses a pressing concern: despite substantial financial support from international donors, state-funded legal aid services often fall short of meeting the needs of poor and vulnerable populations. The study delves into the underlying complexities of this issue and examines the structural, operational, and systemic challenges faced by legal aid providers, shedding light on the factors contributing to the ineffectiveness of legal aid services. Furthermore, it seeks to identify the root causes of these issues, revealing the barriers that hinder the delivery of adequate legal aid services. The research adopts a socio-legal methodology to ensure an appropriate combination of multiple methodologies. The findings of this research hold significant implications for both policymakers and practitioners, offering insights into the enhancement of legal aid services and access to justice for disadvantaged and marginalized populations in Tajikistan. By addressing these pressing questions, this study aims to fill the gap in legal literature and contribute to the development of a more equitable and efficient legal aid system that better serves the needs of the most vulnerable members of society.

Keywords: access to justice, legal aid, rule of law, rights for council

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Authors: Carlos Joel Tchawouo Mbiada

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This paper intends to refrain from debating the different meanings of justice, such as its social or moral meaning, nor to discuss the different theories of justice. This paper focuses on the legal understanding of access to justice to mean access to the court. Using the Labour and Labour Appeal Courts as a case study, this paper investigates whether the composition of the bench, the personnel and state mechanisms to promote access to court offer ideal conditions to access to court. The investigation is benchmarked against the South African new constitutional order underpinned by the concept of social justice to eradicate past injustices. To provide justice to all, the Constitution of the Republic of South Africa 1996 guarantees the right to access to the court. The question that takes centre stage in this paper is whether litigants are denied the right to access the Labour and Labour Appeal Courts. The paper argues that factors such as the status of the Labour and Labour Appeal Courts, the number of judges, and the building structure prevent litigants from accessing these courts. The paper advocates for a legislative overhaul of the Labour and Labour Appeal Courts structure so that litigants may access the courts. Until such time, the paper argues that the right to access the Labour and Labour Appeal Courts would remain far from the reach of many litigants.

Keywords: access to justice, access to court, labour court, labour appeal court

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Authors: Pál Mészáros

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The aim of this research topic is to examine civil law consequences caused by crimes committed in the digital space. During the commission of certain crimes, not only the rights of one person are violated, but also the rights of an entire institution, for example, if the information system of a university is attacked. The consequences of these crimes committed in the digital space may also be that the victim himself is liable to other third parties, for example, in the event that health data comes into the possession of unauthorized persons, and it can be proved that the service provider's IT system was inadequate. An interesting question may also be the civil liability of credit institutions if someone becomes a victim of fraud but is not expected from him/her to notice the fraud. In such a case, the liability of the credit institution may arise if they do not respond in time in the case of unauthorized bank transactions. Based on the above, the main topic of the research is the civil liability of the victim, or another person or company related to the victim in the case of damages caused by crimes.

Keywords: civil liability, digital crimes, transfer of responsibility, civil law

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Authors: Arlinda Memetaj

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A sound system of administrative justice represents a vital element of democratic governance. The proper control of public administration consists not only of a sound civil service framework and legislative oversight, but empowerment of the public and courts to hold public officials accountable for their decision-making through the application of fair administrative procedural rules and the use of appropriate administrative appeals processes and judicial review. The establishment of both effective public administration and administrative justice system has been for a long period of time among the most ‘important and urgent’ final strategic objectives of almost any country in the Balkans region, including Macedonia, Albania and Kosovo. Closely related to this is their common strategic goal to enter the membership in the European Union, which requires fulfilling of many criteria and standards as incorporated in EU acquis communautaire. The latter is presently done with the framework of the Stabilization and Association Agreement which each of these countries has concluded with the EU accordingly. To above aims, each of the three countries has so far adopted a huge series of legislative and strategic documents related to any aspects of their individual administrative justice system. ‘Changes and reforms’ in this field have been thus the most frequent terms being used in any of these countries. The three countries have already established their own national administrative judiciary, while permanently amending their laws on the general administrative procedure introducing thereby considerable innovations concerned. National administrative courts are expected to have crucial important role within the broader judiciary systems-related reforms of these countries; they are designed to check the legality of decisions of the state administration with the aim to guarantee an effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial administrative process. Further improvements in this field are presently an integral crucial part of all the relevant national strategic documents including the ones on judiciary reform and public administration reform, as adopted by each of the three countries; those strategic documents are designed among others to provide effective protection of their citizens` rights` of administrative justice. On the basis of the later, the paper finally is aimed at highlighting selective common challenges and problems of the three countries on their European road, while claiming (among others) that the current status quo situation in each of them may be overcome only if there is a proper implementation of the administrative courts decisions and a far stricter international monitoring process thereof. A new approach and strong political commitment from the highest political leadership is thus absolutely needed to ensure the principles of transparency, accountability and merit in public administration. The main methods used in this paper include the analytical and comparative ones due to the very character of the paper itself.

Keywords: administrative courts , administrative justice, administrative procedure, benefit, effective administrative justice, human rights, implementation, monitoring, reform

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Authors: Dong-Bo Hsu

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Universal Grammar (UG) claims that the constraints that are derived from this should operate in language users’ L2 grammars. This study investigated this hypothesis on knowledge of Subjacency and resumptive pronoun usage among Chinese learners of English. Chinese fulfills two requirements to examine the existence of UG, i.e., Subjacency does not operate in Chinese and resumptive pronouns in English are very different from those in Chinese and second L2 input undermines the knowledge of Subjacency. The results indicated that Chinese learners of English demonstrated a nearly identical pattern as English native speakers do but the resumptive pronoun in the embedding clauses. This may be explained in terms of the case that Chinese speakers’ usage of pronouns is not influenced by the number of embedding clauses. Chinese learners of English have full access to knowledge endowed by UG but their processing of English sentences may be different from native speakers as a general slow rate for processing in their L2 English.

Keywords: universal grammar, Chinese, English, wh-questions, resumption

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Authors: Victor Abu

Abstract:

Background: Social justice ideals are considered as the foundation of nursing practice. These ideals are not always clearly integrated into nursing professional standards or curricula. This hinders concerted global nursing agendas for becoming aware of social injustice or engaging in action for social justice to improve the health of individuals and groups. Aim and objectives: The aim was to create an educational framework for empowering nursing students for social justice awareness and action. This purpose was attained by understanding the meaning of social justice, the effect of social injustice, the visibility of social justice learning, and ways of integrating social justice in nursing education and practice. Methods: Critical interpretive methodologies and constructivist grounded theory research designs guided the processes of recruiting nursing students (n = 11) and nurse educators (n = 11) at a London nursing university to participate in interviews and focus groups, which were analysed by coding systems. Findings: Firstly, social justice was described as ethical practices that enable individuals and groups to have good access to health resources. Secondly, social injustice was understood as unfair practices that caused minimal access to resources, social deprivation, and poor health. Thirdly, social justice learning was considered to be invisible in nursing education due to a lack of explicit modules, educator knowledge, and organisational support. Lastly, explicit modules, educating educators, and attracting leaders’ support were suggested as approaches for the visible integration of social justice in nursing education and practice. Discussion: This research proposes approaches for nursing awareness and action for the development of critical active nurse-learner, critical conscious nurse-educator, and servant nurse leader. The framework on Awareness for Social Justice Action (ASJA) created in this research is an approach for empowering nursing students for social justice practices. Conclusion: This research contributes to and advocates for greater nursing scholarship to raise the spotlight on social justice in the profession.

Keywords: social justice, nursing practice, nursing education, nursing curriculum, social justice awareness, social justice action, constructivist grounded theory

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Authors: Qiong Hu

Abstract:

From old English to modern English, the gender category has changed from grammatical gender system to natural gender system. The word classes that reflected gender has changed from pronouns, adjectives, and numerals in old English to only pronouns in modern English. In present-day English, the third person singular pronouns are the only paradigm that keeps an intact gender. 'He' and 'they' used as epicene pronouns are one of the two commonest phenomena of gender disagreement (the other being those against the natural gender). Considering the convenience of corpus concordance, epicene pronoun usage is selected in this study in which the anaphors are restricted to possessives (eg. his, their), and the antecedents are restricted to compound indefinite pronouns (eg. someone, somebody). Factors like writing form (eg. someone vs. some one), the semantics of the prefixes (eg. some- vs. any-), and suffixes (eg. -one vs. -body), as well as frequency, are taken into consideration. Statistics indicate that 'their' is increasingly used as the epicene pronoun compared with the decline of 'his' (when both writing forms are considered). This is influenced by social factors such as feminist movement, as well as the semantics and frequency of antecedents. Their (plural) used in anaphoric reference to various indefinite pronouns (singular in form) can also be treated as number variation in third person pronouns, and the trend that 'their' in place of his can also be treated as a change in number category. Among different candidates for the gender-neutral function, 'their' is proven to be the most promising one based on the diachronic data. This does not reject any new competitors in the future which still remains to be seen.

Keywords: language variation and change, epicene pronouns, gender, number

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Authors: A. Edwards

Abstract:

The civil service was created to reform the hiring process for public officials, changing the patronage system to a merit-based system. Though exam reforms continued throughout the 20th century, there have been few during the 21st century, particularly in New York state. In the case of police departments, the civil service exam has acted as a hindrance to its ‘21st Century Policing’ goals and new exam reform efforts have left out officers voices and concerns. Through in-depth interviews of current and retired police officers and local and state civil service administrators in Albany County in New York, this study seeks to understand police influence and insight regarding the civil service exam, placing some of the voice and input for civil service reform on police departments, instead of local and state bureaucrats. The study also looks at the relationship between civil service administrators and police departments. Using practice theory, the study seeks to understand the ways in which the civil service exam was defined in the 20th century and how it is out of step with current thinking while examining possible changes to the civil service exam that would lead to a more equitable hiring process and successful police departments.

Keywords: civil service, hiring, merit, policing

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Authors: Ibrahim Garba

Abstract:

This research involved the use of word distributions and morphological knowledge by speakers of Arabic learning English connected different allomorphs in order to realize how the morphology and syntax of English gives meaning through using interactive crossword puzzles (ICP). Fifteen chapters covered with a class of nine learners over an academic year of an intensive English program were reviewed using the ICP. Learners were questioned about how the use of this gaming element enhanced and motivated their learning of English. The findings were positive indicating a successful implementation of ICP both at creational and user levels. This indicated a positive role technology had when learning and teaching English through adopting an interactive gaming element for learning English.

Keywords: distribution, gaming, interactive-crossword-puzzle, morphology

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Authors: Momen Yaseen M. Amin

Abstract:

Despite widespread coverage of language policy in the literature, there has been scant research probing into English language education policy at tertiary levels in general and in the case of higher education context of Iraqi Kurdistan in particular. The present qualitative study investigated the results of a questionnaire on attitudes toward English language education policy in terms of attitudes toward the English language in general, the current English education policy, and the purposes for learning English among Kurdish EFL university students. Moreover, this study aimed to investigate this topic in light of the participants’ gender and major. To this end, an adapted version of Yang’s (2012) questionnaire was administered to university EFL students majoring in soft and hard sciences (N=300, male 34%, female 67%, four and two disciplines, respectively) at two-state and private universities in Iraqi Kurdistan. The findings revealed positive attitudes toward English as an international language in both soft and hard sciences. While strongly subscribing to the idea that all Iraqi Kurdish students should learn the English language and the courses to be offered in English as well as Kurdish, the majority of the participants expressed their readiness and enthusiasm to excel in English and considered such competency a significant academic accomplishment. However, a good number felt dissatisfied with the status quo of English education at their institutions. This paper provides some implications and recommendations for English education policies makers, administrators, and English language instructors at tertiary levels.

Keywords: attitudes, language policy, English language education, Iraqi Kurdistan

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