Search results for: Islamic legal texts

Authors: Xiu Zhang

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The Merchant of Venice focuses on identity anxiety through the contract of “a pound of flesh” and refers to the economic, legal and religious issues related to identity. The development of the emerging capitalist economy in Venetian society prompted Shylock to become a usurer. The social identity of Shylock’s lender enabled him to use the power of money to consolidate the interdependent relationship with Christians and strive for his position and living space in Venetian society. However, there have long been economical and religious conflicts between Jews and Christians. Therefore, in order to take vengeance on Antonio and take his life, so as to revenge the whole Christian society, Shylock insists on taking a pound of Antonio’s flesh in the name of abiding by the contract and the law. The choice of “a pound of flesh” is essentially the representation of human materialization and commercialization under the background of the rise of capitalism and economic transformation. At the same time, it also symbolizes Shylock’s efforts and attempts to reshape himself and his racial identity.

Keywords: merchant of Venice, ethical choices, Shylock, a pound of flesh, identity anxiety

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Authors: Omotayo Olalere

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The relevance of code-switching for intercultural communication through literary translation cannot be overemphasized. The translation of code-switching and its implications for translations studies have been studied in the context of African literature. In these cases, code-switching was examined in the more general terms of its usage in source text and not particularly in Ngugi’s novels and its translations. In addition, the functions of translation and code-switching in the lyrics of some popular African songs have been studied, but this study is related more with oral performance than with written literature. As such, little has been done on the German translation of code-switching in African works. This study intends to fill this lacuna by examining the concept of code-switching in the German translations in Ngugi’s Petals of Blood. The aim is to highlight the significance of code-switching as a phenomenon in this African (Ngugi’s) novel written in English and to also focus on its representation in the two German translations. The target texts to be used are Verbrannte Blueten and Land der flammenden Blueten. “Abrogration“ as a concept will play an important role in the analysis of the data. Findings will show that the ideology of a translator plays a huge role in representing the concept of “abrogration” in the translation of code-switching in the selected source text. The study will contribute to knowledge in translation studies by bringing to limelight the need to foreground aspects of language contact in translation theory and practice, particularly in the African context. Relevant translation theories adopted for the study include Bandia’s (2008) postcolonial theory of translation and Snell-Hornby”s (1988) cultural translation theory.

Keywords: code switching, german translation, ngugi wa thiong’o, petals of blood

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Authors: Serkan Kocapinar

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Since June 2014, the extremist terrorist group known as the Islamic State of Iraq and the Levant, with its financial resources, as well as the world’s richest in terms of human resources, is a terrorist organization utilizing the most advanced weapons. It has established a state in the occupied region, appointed provincial and district managers, and declared the so-called Caliphate. Despite being a terrorist organization, it is selling the oil which it has seized from the captured regions with low prices. Consequently, it has been achieving great income from these sales. Currently the actual number of terrorists in the area is around from 20,000 to 31,000 according to the CIA assessment. It is estimated that it has extended its domain beyond from the Middle East to the Asia-Pacific coast and has had millions of supporters worldwide. In addition, it is claimed that it has several sleeper cells in some countries and could perform very catastrophic attacks to the countries fighting against it by activating its cells when necessary. The sharp rise of ISIS in just a year has also attracted the attention of terrorist groups such as Boko Haram around the world and some groups expressed their allegiance to ISIS. With this growing power and influence, ISIS is becoming more and more effective threat for not only the region but also for the entire world. The purpose of this study is to show what lies under the rising of ISIS terror organization and how it affects the security concerns.

Keywords: ISIS, security, terrorism, threats

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Authors: Wen Jiayuan

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This article traces the broadening of the refugee definition from the early 1970s onwards. It first discusses Article 1A(1), the core universal legal definition of ‘refugee’ provided by the 1951 Geneva Convention. It then focuses on Article 1A(2), read together with the 1967 Protocol, which without time or geographical limits, offers a general definition of the refugee as including any person who is outside their country or origin and unable or unwilling to return there or to avail themselves of its protection, owing to a well-founded fear of persecution for reasons of race, religion, nationality, social group or political opinion. It then shifts to the contemporary alternative refugee definitions adopted in regional areas, namely Africa, Latin America, and Europe. By looking deeply into the 1969 OAU Convention, the 1984 Cartagena Declaration, and ECtHR, the assertation is that while the appearance of new definitions may lead to a more responsive international environment, it may also undermine the consistency of the international refugee regime.

Keywords: refugee definition, 1951 Geneva Convention, 1969 OAU Convention, 1984 Cartagena Declaration

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Authors: Shaykh-Luqman Jimoh

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In Nigeria, aside the eight Government hospitals designated Psychiatric hospitals, there are also many local psychiatric centers managed by muslims and non-muslim individuals. These centers have been heavily criticized for human right abuses. This study is an inquiry into the truth or otherwise of the criticism. The study focuses on the activities of local centers managed by muslim individuals in South-West Nigeria with a view to determining the extent they uphold or violate their patients’ fundamental human rights as guaranteed by Islam. Information about the activities of the centers were collected through oral interviews. Both descriptive and analytical methods were used in the study. The study revealed that while there are some activities of the local centers managed by muslims in the study area that could be regarded as outright violation of patients’ fundamental human rights, some others, in view of the rationale behind them, may not necessarily constitute outright violation of the patients’ fundamental human rights as hitherto painted except where excesses are committed. The study therefore, using Islamic paradigm, suggests general measures that could be taken to improve on the activities of the centers.

Keywords: local psychiatric centers, muslim exorcists, patients’ rights, South-West Nigeria

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Authors: Hanadi Khadawardi

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The current study contributes to research on foreign/second language (L2) academic reading by presenting a significant case study, which seeks to investigate specific groups of international (Arab) postgraduate students’ L2 academic reading practices in the UK educational context. In particular, the study scrutinises postgraduate students’ L2 paper-based and digital-based academic reading strategies, and their use of digital aids while engaged in L2 academic reading. To this end, the study investigates Arab readers’ attitudes toward digital L2 academic reading. The study aims to compare between paper and digital L2 academic reading strategies that the students employ and which reading formats they prefer. This study tracks Masters-level students and examines the way in which their reading strategies and attitudes change throughout their Masters programme in the UK educational context. The academic reading strategies and attitudes of five students from four different disciplines (Health Science, Psychology, Management, and Education) are investigated at two points during their one-year Masters programmes. In addition, the study investigates the same phenomenon with 15 Saudi PhD students drawn from seven different disciplines (Computer Science, Engineering, Psychology, Management, Marketing, Health Science, and Applied Linguistics) at one period of their study in the same context. The study uses think-aloud protocol, field notes, stimulated recall, and semi-structured interviews to collect data. The data is analysed qualitatively. The results of the study will explain the process of learning in terms of reading L2 paper and digital academic texts in the L2 context.

Keywords: EFL: English as a foreign language, ESL: English as a second language, L: Language

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Authors: Kisno Umbar

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Arabic grammar (nahwu) is one of the most important disciplines to learn about the Islamic literature (kitab al-turats). In the last century, learning Arabic grammar was difficult for both the Arabian or non-Arabian native. Most of the traditional nahwu scholars viewed that the theory of amil is a major problem. The views had influenced large number of modern nahwu scholars, and some of them refuse the theory of amil to simplify Arabic grammar to make it easier. The aim of the study is to compare many views of the modern nahwu scholars about the theory of amil including their reasons. In addition, the study is to reveal whether they follow classic scholars or give a view. The author uses literature study approach to get data of modern nahwu scholars from their books as a primary resource. As a secondary resource, the author uses the updated relevant researches from journals about the theory of amil. Besides, the author put on several resources from the traditional nahwu scholars to compare the views. The analysis showed the contrasting views about the theory of amil. Most of the scholars refuse the amil because it isn’t originally derived from Arabic tradition, but it is influenced by Aristotelian philosophy. The others persistently use the amil inasmuch as it is one of the characteristics that differ Arabic language and other languages.

Keywords: Arabic grammar, Amil, Arabic tradition, Aristotelian philosophy

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Authors: Csilla Paksi-Petró

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The Hungarian national public administration training system providing continuous, lifelong further training to some ten thousand executives in public administration was launched in 2014, adding skills and competency development to the previous training solutions, which had a mainly legal and professional approach. The executive training system is being continuously developed since tackling the existing qualitative, and quantitative challenges calls for the introduction of novel, innovative solutions. With a gap-filling character, this study presents, in brief, the last eight years of system of executive training in public administration, supported by the outcomes of the author's empirical research, makes suggestions for the possible directions of its further development. Through this article, the reader may obtain an overview of the current Hungarian civil service further training system, its institution system, the method of its application, its target groups, its results, and its development prospects. By reading the article, the reader will get acquainted with the good practices of the Hungarian civil service further training system.

Keywords: coaching, e-learning, executive development, further-training

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Authors: Zeynep Selin Acar

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In international system, there has always been a cycle of violence, war and peace. As there travels the time, after Christianity and later Just War theorists, international relations theorists have been tried to limit violence and war. As pieces of international law, Peace of Augsburg, Kellog-Briand Pact, League of Nations Covenant and UN Charter were and are still not effective to prevent war. Moreover, in order to find a way around these rules, it is believed that a new excuse started to be used instead of violence or war, humanitarian intervention. However, it has neither a legal nor a universally accepted framework. As a result, it is open to be manipulated by states. In order to prevent this, Responsibility to Protect (RtoP) which gives a state the responsibility to protect its citizens against violence, is created. Additionally, RtoP transfers this responsibility to regional or international group of states at the time when a state is the origin of violence. In the lights of these, this paper analyzes RtoP as an ethical approach to war and peace studies because it provides other states as guardians and care-takers of people who do not belong to them or do not share any togetherness.

Keywords: ethics, humanitarian intervention, responsibility to protect, UN charter

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Authors: Majd Owda, Raed Abubadawia

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Seventy-four years have passed, and the Palestinian refugees are still waiting to exercise their right of return, which was approved by the international community through dozens of international resolutions. Despite the wait, Palestinian refugees continue to suffer in many host countries. In these waiting stations, they are still deprived of many basic rights. Perhaps Lebanon is one of the most extreme waiting stations in depriving Palestinian refugees of these rights, especially the right to work. This paper attempts to identify the various Lebanese partisan and sectarian points of view that stand in the way of granting Palestinian refugees their basic rights, foremost of which is the right to work, in addition to the recent administrative attempts of the Lebanese government (2021) to grant them their basic rights. And the legal and political obstacles faced by these attempts and which have eliminated them since their launch. This paper highlights the continued need of Palestinian refugees in Lebanon for various social, political and international moves to grant them their basic rights in order to preserve human dignity, which cannot be resolved without these rights.

Keywords: Palestinian refugees, Lebanon, labor law, right to work.

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Authors: Alua Massalimova

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Situation analysis of Blood Service revealed that the strengths dominated over the weak 1.4 times. The possibilities dominate over the threats by 1.1 times. It follows that by using timely the possibility the Service, it is possible to strengthen its strengths and avoid threats. Priority directions of the resulting analysis are the use of subjective factors, such as personal management capacity managers of the Blood Center in the field of possibilities of legal activity of administrative decisions and the mobilization of stable staff in general market conditions. We have studied for the period 2011-2015 retrospectively indicators of Blood Service of Kazakhstan. Strengths of Blood Service of RK(Ps4,5): 1) indicators of donations for 1000 people is higher than in some countries of the CIS (in Russia 14, Kazakhstan - 17); 2) the functioning science centre of transfusiology; 3) the legal possibility of additional financing blood centers in the form of paid services; 4) the absence of competitors; 5) training on specialty Transfusiology; 6) the stable management staff of blood centers, a high level of competence; 7) increase in the incidence requiring transfusion therapy (oncohematology); 8) equipment upgrades; 9) the opening of a reference laboratory; 10) growth of the proportion of issued high-quality blood components; 11) governmental organization 'Drop of Life'; 12) the functioning bone marrow register; 13) equipped with modern equipment HLA-laboratory; 14) High categorization of average medical workers; 15) availability of own specialized scientific journal; 16) vivarium. The weaknesses (Ps = 3.5): 1) the incomplete equipping of blood centers and blood transfusion cabinets according to standards; 2) low specific weight of paid services of the CC; 3) low categorization of doctors; 4) high staff turnover; 5) the low scientific potential of industrial and clinical of transfusiology; 6) the low wages paid; 7) slight growth of harvested donor blood; 8) the weak continuity with offices blood transfusion; 9) lack of agitation work; 10) the formally functioning of Transfusion Association; 11) the absence of scientific laboratories; 12) high standard deviation from the average for donations in the republic. The possibilities (Ps = 2,7): 1): international grants; 2) organization of international seminars on clinical of transfusiology; 3) cross-sectoral cooperation; 4) to increase scientific research in the field of clinical of transfusiology; 5) reduce the share of donation unsuitable for transfusion and processing; 6) strengthening marketing management in the development of fee-based services; 7) advertising paid services; 8) strengthening the publishing of teaching aids; 9) team-building staff. The threats (Ps = 2.1): 1) an increase of staff turnover; 2) the risk of litigation; 3) reduction gemoprodukts based on evidence-based medicine; 4) regression of scientific capacity; 5) organization of marketing; 6) transfusiologist marketing; 7) reduction in the quality of the evidence base transfusions.

Keywords: blood service, healthcare, Kazakhstan, quantative swot analysis

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Authors: Hossein Sabouri

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News stories as one of the branches of political discourse has always been regarded a sensitive and challenging area. Political translators often encounter some struggles that are vitally important when it comes to deal with the political tension between the source culture and the target one. Translating news stories is of prime importance since it has widespread availability and power of defining or even changing the facts. News translation is usually more than straight transfer of source text. Like original text endeavoring to manipulate the readers’ minds with imposing their ideologies, translated text seeking to change these ideologies influenced by ideological power. In other words, translation product is not considered more than a recontextualisation of the source text. The present study examines possible criteria for occurring changes in the translation process of news stories based on the ideological and political stance of translator using theories of ‘critical discourse analysis’and ‘translation and power. Fairclough investigates the ideological issues in (political) discourse and Tymoczko studies the political and power-related engagement of the translator in the process of translation. Incorporation of Fairclough and Gentzler and Tymoczko’s theories paves the way for the researcher to looks at the ideological power position of the translator. Data collection and analysis have been accomplished using 17 political-text samples taken from online news agencies which are related to the ‘Iran’s Nuclear Program’. Based on the findings, recontextualisation is mainly observed in terms of the strategies of ‘substitution, omissions, and addition’ in the translation process. The results of the study suggest that there is a significant relationship between the translation of political texts and ideologies of target culture.

Keywords: news translation, recontextualisation, ideological power, political discourse

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Authors: Munira Al-Azraqi

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Modern South Arabian Languages (MSAL) belong to the Semitic language family and are believed to be either a southern member of the west Semitic branch (Rubin 2010; Moscati et al 1969) or an eastern member of the south Semitic branch (Faber 1997), (Watson 2012). They are six languages which are still spoken in southern Arabia. They are used in Oman, Yemen, Saudi Arabia and in some of the Gulf states. Mehri is one of them however it has the highest number of speakers comparing to the other members of MSAL. It is used in Yemen, Oman, in parts of southern and eastern Saudi Arabia and in some of the Gulf states. The number of Mehri speakers is estimated at between 100,000 and 180,000. The problem that this language might face is that its speakers live in different places which are belonging to different countries. This might cause the language to change rapidly due to education and communication. There are some studies on Omani and Yemeni Mehri but not in Saudi Mehri. In the nineteenth century, travelers, western scholars and explorers played their parts in the discovery of these peoples and their languages. The historical turning point for the knowledge of the MSAL is 1898, when the Südarabische Expedition of the Imperial Academy of Vienna started. The three scholars, Müller, Jahn and Hein began their systematic collection of texts, which were later studied grammatically and lexically by Bittner (1908-1917), Jahn (1915), Leslau (1938) and Wagner (1953). Saudi Mehri has not been studied. This might be caused by the lack of information or the difficulty in collecting the data which this paper aims to shed light on.

Keywords: Modern South Arabian, Mehri, Saudi Arabia, endangered languages

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Authors: Sheikh Shams Azam, Manoj Raju, Venkatesh Pagidimarri, Vamsi Kasivajjala

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Over the past decade, there has been a steep rise in the data-driven analysis in major areas of medicine, such as clinical decision support system, survival analysis, patient similarity analysis, image analytics etc. Most of the data in the field are well-structured and available in numerical or categorical formats which can be used for experiments directly. But on the opposite end of the spectrum, there exists a wide expanse of data that is intractable for direct analysis owing to its unstructured nature which can be found in the form of discharge summaries, clinical notes, procedural notes which are in human written narrative format and neither have any relational model nor any standard grammatical structure. An important step in the utilization of these texts for such studies is to transform and process the data to retrieve structured information from the haystack of irrelevant data using information retrieval and data mining techniques. To address this problem, the authors present Q-Map in this paper, which is a simple yet robust system that can sift through massive datasets with unregulated formats to retrieve structured information aggressively and efficiently. It is backed by an effective mining technique which is based on a string matching algorithm that is indexed on curated knowledge sources, that is both fast and configurable. The authors also briefly examine its comparative performance with MetaMap, one of the most reputed tools for medical concepts retrieval and present the advantages the former displays over the latter.

Keywords: information retrieval, unified medical language system, syntax based analysis, natural language processing, medical informatics

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Authors: María Rosa Mucci

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Tzvetan Todorov (1971) designs a model of narrative transformation where the plot is constituted by difference and resemblance. This binary opposition is a synthesis of a central figure within narrative discourse: metaphor. Narrative operates as a metaphor since it combines different actions through similarities within a common plot. However, it sounds paradoxical that metonymy and not metaphor should be the key figure within the narrative. It is a metonymy that keeps the movement of actions within the story through syntagmatic relations. By the same token, this articulation of verbs makes it possible for the reader to engage in a dynamic interaction with the text, responding to the plot and mediating meanings with the contradictory external world. As Roland Barthes (1957) points out, there are two codes that are irreversible within the process: the codes of actions and the codes of enigmas. Virginia Woolf constructs her plots through a process of symbolism; a scene is always enduring, not only because it stands for something else but also because it connotes it. The reader is forced to elaborate the meaning at a mythological level beyond the lines. In this research, we follow a qualitative content analysis to code language through the proairetic (actions) and hermeneutic (enigmas) codes in terms of Barthes. There are two novels in particular that engage the reader in this process of construction: Mrs Dalloway (1925) and To the Lighthouse (1927). The bridge from the first to the second brings memories of childhood, allowing for the discovery of these enigmas hidden between the lines. What survives? Who survives? It is the reader's task to unravel these codes and rethink this dialogue between plot and reader to contribute to the predominance of texts and the textuality of narratives.

Keywords: metonymy, code, metaphor, myth, textuality

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Authors: Godiya Atsiya Pius

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The recent dimension of terrorist attacks and violence in West Africa and Nigeria in particular has attracted both academic and global concerns. Children, young girls and women are now victims of violent attacks and insurgency in their own country. Today, we have a reverse situation where women and children were spared during violence in the past. Empirical evidence shows that millions of children, young girls and women are caught up in violent attacks in which they are not merely spectatorial, but victims of circumstance. Some fall victims of a general onslaught against civilians by the drivers of such conflicts. Others die as part of a calculated genocide. Still others are taken as hostages as part of a deliberate attack on them. With particular reference to over 200 Chibok school girls that were abducted by the Boko Haram Islamic sect in Maiduguri, Borno state, Nigeria, this study shall attempt a theoretical exploration of the circumstances surrounding the insurgency attacks on these categories of vulnerable groups in Nigeria. This paper also intends to examine the nature, dimensions, causes, effects as well as implications of these attacks on women and children in West Africa. The paper shall sum up with conclusion and possible recommendations that could help the region in the 21st century and beyond.

Keywords: insurgency, gender, violence, security, vulnerable groups

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Authors: Alabi Odunayo Mayowa, Ajayi Oluwasola Felix

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Solid waste such as “garbage” “trash” “refuse” “slug” and “rubbish” is disposed off or is required to be disposed off in accordance with national law. The study relies on primary and secondary sources of information. The primary sources include the Constitution, statutes and subsidiary legislation. The secondary sources of information include books, journals, conference proceedings, newspapers, magazines and internet materials. The information obtained from these sources is subjected to content and contextual analysis. The study examines the Kwara State Environmental Protection Agency Law, 1992 and other laws on waste disposal and management in Kwara State, Nigeria. The study also examines the regulations and the agency i.e. the Kwara State Environmental Protection Agency created by the law with a view to determine the inadequacies in the law.

Keywords: solid waste, waste disposal, waste management, domestic waste

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Authors: Khrystyna Zai

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This research delves into the profound impact of Ukrainian musical traditions on the life and works of the renowned composer Sergei Prokofiev. Sergei Prokofiev's formative years in Ukraine, particularly in Sontsivka(Eastern Ukraine), allowed him to immerse himself in the local music. He encountered Ukrainian folk songs and dances, which left an indelible mark on his musical sensibilities. With a focus on the early 20th century, a period of significant cultural transformation in both Ukraine and Europe, this study examines how Prokofiev's exposure to Ukrainian folk music, its melodic motifs, and rhythmic patterns influenced his compositions. Prokofiev’s works showcase his deliberate efforts to fuse Ukrainian elements with his distinctive modernist style. This study analyzes Prokofiev's engagement with Ukrainian themes in his music, such as the "Semen Kotko”, “The Love of Three Oranges”, “On the Dnieper”, “Scythian Suite”, “Sinfonia Concertante" for cello and orchestra, "Sonata No. 9,", “Partisans in the steppes of Ukraine” (where Prokofiev uses texts in Ukrainian). The scientific work mentions his interactions and collaborations with Ukrainian musicians and cultural figures during Prokofiev’s career. Notably, his association with Ukrainian pianist Sviatoslav Richter and conductor Kirill Karabits led to interpretations of his compositions with a Ukrainian perspective. This research illuminates the nuances of cross-cultural influences in Prokofiev's oeuvre, contributing to a deeper understanding of the interplay between national identities and artistic expression during a pivotal period in history, based on the fact that the composer himself considered Ukraine to be his homeland, calling himself “steppe boy”.

Keywords: florida atlantic university, ukrainian music, ukrainian composer, sergei prokofiev

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Authors: Mehari Teshome, Lara Agostini, Anna Nosella

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The current knowledge-based economy extends intellectual property rights (IPRs) legal research themes into a more strategic and organizational perspectives. From the diverse types of IPRs, patents are the strongest and well-known form of legal protection that influences commercial success and market value. Indeed, from our pilot survey, we understood that firms are less likely to manage their patents and actively used it as a tool for achieving competitive advantage rather they invest resource and efforts for patent application. To this regard, the literature also confirms that insights into how firms manage their patents from a holistic, strategic perspective, and how the portfolio value of patents can be optimized are scarce. Though patent management is an important business tool and there exist few scales to measure some dimensions of patent management, at the best of our knowledge, no systematic attempt has been made to develop a valid and comprehensive measure of it. Considering this theoretical and practical point of view, the aim of this article is twofold: to develop a framework for patent management encompassing all relevant dimensions with their respective constructs and measurement items, and to validate the measurement using survey data from practitioners. Methodology: We used six-step methodological approach (i.e., specify the domain of construct, item generation, scale purification, internal consistency assessment, scale validation, and replication). Accordingly, we carried out a systematic review of 182 articles on patent management, from ISI Web of Science. For each article, we mapped relevant constructs, their definition, and associated features, as well as items used to measure these constructs, when provided. This theoretical analysis was complemented by interviews with experts in patent management to get feedbacks that are more practical on how patent management is carried out in firms. Afterwards, we carried out a questionnaire survey to purify our scales and statistical validation. Findings: The analysis allowed us to design a framework for patent management, identifying its core dimensions (i.e., generation, portfolio-management, exploitation and enforcement, intelligence) and support dimensions (i.e., strategy and organization). Moreover, we identified the relevant activities for each dimension, as well as the most suitable items to measure them. For example, the core dimension generation includes constructs as: state-of-the-art analysis, freedom-to-operate analysis, patent watching, securing freedom-to-operate, patent potential and patent-geographical-scope. Originality and the Study Contribution: This study represents a first step towards the development of sound scales to measure patent management with an overarching approach, thus laying the basis for developing a recognized landmark within the research area of patent management. Practical Implications: The new scale can be used to assess the level of sophistication of the patent management of a company and compare it with other firms in the industry to evaluate their ability to manage the different activities involved in patent management. In addition, the framework resulting from this analysis can be used as a guide that supports managers to improve patent management in firms.

Keywords: patent, management, scale, development, intellectual property rights (IPRs)

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Authors: Klaudia Krogulec

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The concept and the meaning of safety is largely undermined in International and EU refugee law. While the Geneva Convention 1951 concentrates mainly on the principle of non-refoulment (no-return) and the idea of physical safety of refugees, countries continue to implement harmful readmission agreements that presume ‘safe countries’ for the hosting and return of the refugees. This research intends to use discourse analysis of the legal provisions and interviews with Syrian refugees, NGO workers, and refugee lawyers in Tukey to understand what ‘safety’ actually means and how law shapes the experiences of Syrians in Turkey (the country that hosts the largest population of Syrians and is a key partner of the EU-Turkey Agreement 2016). The preliminary findings reveal the competing meanings of safety (rights-based vs state interests approach). As the refugee policies continue to prioritize state interests/safety over human safety and human rights, it is extremely important to provide recommendations on how ‘safety’ should be defined in the refugee law in the future.

Keywords: human rights law, refugee law, human safety, EU-turkey agreement

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Authors: Akbar

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Pros and cons of the capital punishment in Indonesia have been out of the date. The discourse of capital punishment has no relevance to the theory of punishment and theories of cultural relativism. In fact, the provisions of exceptions to the right to life by administering the death penalty against the perpetrators of serious crimes in Indonesia is a narrow perspective that does not pay attention to the development of the punishment of the crime. This thing is aggravated by an error to understand the natural right and legal right where the prohibition of those rights is result from a failure to distinguish the characteristic of the rights and to remember the raison d’être of law. To parse the irrational above, this paper will try to analyze normatively the error referring to the complementary theory between the sources of international law and the sources of municipal law of Indonesia. Both sources of the law above should be understood in the mutually reinforcing relationship enforceability because of false perceptions against those will create the disintegration between international law and municipal law of Indonesia. This disintegration is explicit not only contrary to the integrative theory of international law but also integrative theory of municipal law of Indonesia.

Keywords: capital punishment, municipal law, right to life, international law, the raison d’être of law, complementary theory, integrative theory

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Authors: Mustafina-Bredikhina Diana, Kuznetsova Olga

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Corruption as a social phenomenon is obviously a serious barrier to the development of a prosperous society and the economic development of the country as a whole. It is extremely important to analyze the influence of culture on the level of corruption in different countries and assesses the influence of culture, religion, and mentality on corrupt behavior and their perception in society. Corruption should be considered in relation to the public consciousness, which is formed in certain socio-historical conditions and cultural traditions. Often, society, formally condemning corruption, reproduces obvious corrupt behavior at the personal level of its individual members. Based on a brief analysis of the major corruption scandals and the corruption counting system of countries, the authors conclude that culture, mentality, and religion, while playing an important role in the formation of public consciousness of the concept of "corrupt behavior" are not decisive. It is more important to build a dialogue between the authorities and society, creating a uniform rejection of corrupt behavior.

Keywords: corruption, culture, corrupt behavior, perception of corruption, religion

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Authors: Lorand Bodo

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There are many stories of young British citizens who have left their country and families to join Islamist militant groups. So, what drives these young people to abandon their families and countries to join terrorist groups such as the so-called Islamic State? Much has been written to explain the phenomenon of violent radicalisation, whereby the concepts of identity and belonging are identified as one of the most significant drivers for violent radicalisation. In this respect, this paper explores the connection between the sense of belonging and violent radicalisation. That is necessary to gain a more nuanced understanding of the process of violent radicalisation in order to create and implement more effective counter-measures for tackling violent radicalisation. By using an inductive approach, this dissertation attempts to answer the question to what extent does the sense of non-belonging lead to the violent radicalisation of a few individuals. Therefore, alongside an expert interview, a survey, and qualitative content analysis of secondary sources, an exclusive semi-structured interview was conducted with a former violently radicalised Jihadi and recruiter. Overall, the sense of non-belonging significantly affects the process of violent radicalisation of a few individuals. Nevertheless, being religiously fundamental is not the problem of becoming violently radicalised in the first place, but belonging to the wrong group that is strongly determined by ideology, constitutes the main problem.

Keywords: identity, sense of non-belonging, social identity theory, violent radicalisation

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Authors: Mehmet Durnali

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The main purpose of this study is to find out, analyze and discuss basic principles of education and training in the constitutions, including the latest amendment, of France, Indonesia, Japan, South Africa, the United States of America, and Turkey. This research specifically aims at establishing a framework in order to compare educational values such as right of education, responsibilities of states and those of people, and other issues pertaining to education in the Constitution of Turkey to others. Additionally, it emphasizes the meaning of education in constitution, the reasons for references to education in constitutions and why it is important for people, states or nations and state organs. Qualitative analysis technique is performed to accomplish the aim of this study. Maximum variation sampling is used. The main data source of the analysis is official organic laws of those countries. The data is examined by using descriptive and content analysis method.

Keywords: education in the constitution, education law, legal principles of education, right to education

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Authors: Olivia Rybak-Karkosz

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Art forgery is a serious problem present in the art market in every country despite its scale and experience. In the Polish art market, this problem has existed since its beginnings. The market expansion in recent years attracted new buyers, which led to growing prices of polish art. And that attracted deceitful sellers who supply the market with forgeries. Moreover, there are many new types of buyers, many of whom are art non-specialists. But even the most experienced collectors must be cautious when purchasing a piece of art. In this paper, the author would like to discuss legal acts in Polish law that criminalize the forgery of a piece of art and compare them with similar regulations from four European countries - the Italian Republic, Kingdom of the Netherlands, French Republic, and the Federal Republic of Germany. The author wants to verify if any solutions could inspire Polish legislators to implement them in domestic law to help reduce this crime and improve the criminal procedure of art forgery. The paper contains a concluding statement to implement a similar solution used in one of the presented countries.

Keywords: art forgery, comparative law, criminal law, criminal liability, protection of works of art

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Authors: Leah Wilck

Abstract:

Eyewitness identification is arguably one of the most utilized practices within our legal system; however, exoneration cases indicate that this practice may lead to accuracy and conviction errors. The purpose of this study was to examine the effects of the cross-race effect, the phenomena in which people are able to more easily and accurately identify faces from within their racial category, on the accuracy of eyewitness identification. Participants watched three separate videos of a perpetrator trying to steal a bicycle. In each video, the perpetrator was of a different race and gender. Participants watched a video where the perpetrator was a Black male, a White male, and a White female. Following the completion of watching each video, participants were asked to recall everything they could about the perpetrator they witnessed. The initial results of the study did not find the expected cross-race effect impacted the eyewitness identification accuracy. These surprising results are discussed in terms of cross-race bias and recognition theory as well as applied implications.

Keywords: cross race effect, eyewitness identification, own-race bias, racial profiling

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Authors: M. Sadoughi, R. Ehsani

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The aim of the present study is examining the relationship between conceptual organizational culture and the level of tolerance in employees of Islamic Azad University of Shahre Ghods. This research is a correlational and analytic-descriptive one. The samples included 144 individuals. A 24-item standard questionnaire of organizational culture by Cameron and Queen was used in this study. This questionnaire has six criteria and each criterion includes four items that each item indicates one cultural dimension. Reliability coefficient of this questionnaire was normed using Cronbach's alpha of 0.91. Also, the 25-item questionnaire of tolerance by Conor and Davidson was used. This questionnaire is in a five-degree Likert scale form. It has seven criteria and is designed to measure the power of coping with pressure and threat. It has the needed content reliability and its reliability coefficient is normed using Cronbach's alpha of 0.87. Data were analyzed using Pearson correlation coefficient and multivariable regression. The results showed among various dimensions of organizational culture, there is a positive significant relationship between three dimensions (family, adhocracy, bureaucracy) and tolerance, there is a negative significant relationship between dimension of market and tolerance and components of organizational culture have the power of prediction and explaining the tolerance. In this explanation, the component of family is the most effective and the best predictor of tolerance.

Keywords: adhocracy, bureaucracy, organizational culture, tolerance

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Authors: Karen de Andrade

Abstract:

Literature is generally understood as an aesthetic creation, an artistic object that relates to the history and sociocultural paradigms of a given era. Moreover, through it, we can dwell on the deepest reflections on the human condition. It can also be used to propagate projects of domination, as Edward Said points out in his book Culture and Imperialism, connecting narrative, history and land conquest. Having said that, the aim of this paper is to analyse how Wole Soyinka elaborated his main theoretical work, Myth, Literature and African World, a collection of essays published in 1976, by comparing the philosophical, ideological and aesthetic practices of African, diasporic and European writers from the point of view of the Yoruba tradition, to which he belongs. Moreover, Soyinka believes that (literary) art has an important function in the formation of a people, in the construction of its political identity and in cultural regeneration, especially after the independence. The author's critical endeavour is that of attempting to construct a past. For him, the "African World" is not a mere allegory of the continent, and to understand it in this way would be to perpetuate a colonialist vision that would deny the subjectivities that cross black cultures, history and bodies. For him, comparative literature can be used not to "equate" local African texts with the European canon; but rather to recognise that they have aesthetic value and socio-cultural importance. Looking at the local, the particular and specific to each culture is, according to Soyinka, appropriate for dealing with African cultures, as opposed to abstractions of dialectical materialism or capitalist nationalism. In view of this, in his essays, the author creates a possibility for artistic and social reflection beyond the logic of Western politics.

Keywords: comparative literature, African Literature, Literary Theory, Yoruba Mythology, Wole Soyinka, Afrodiaspora

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Authors: Eran Gusacov

Abstract:

This article argues that, as a rule, having children and adolescents participate in adult public protests, in terms of educational thought, is ideological education, brainwashing or indoctrination, and not political education, as will be defined in the article. This is a modest argument in its scope: it does not declare categorically that from a perspective of educational thought, parents and teachers need to refrain from bringing children and teenagers to social protests. The perspective offered in this article neither automatically invalidates any indoctrination in educational activities nor does it oppose the legitimacy of protests initiated by adolescents. It does, however, argue that having children and teens participate in such protests is not political education – an argument that belongs to the educational field. Furthermore, the perspective offered here does not deal with the legal layer of the children’s rights to organize, to demonstrate and/or to protest or with issues of political thought. While the examples provided in the article mainly deal with the Israeli reality, it presents a general argument, which is relevant for wherever children participate in demonstrations.

Keywords: ideological education, indoctrination, political education, protest

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Authors: Ali Ahmad AlGassim

Abstract:

The objective of this study is to explore the local community perceptions toward the impact of tourism from the COR theory perspective. The current study used qualitative methods and purposive sampling to engage informants. Data was collected using an online survey with closed-ended and open-ended questions from 57 informants living in Al-Jufa Village, and then data was analysed using content analysis. The findings showed that COR theory help explains the residents’ perception of the threat and stress of losing resources. The findings showed the residents feel stressed about losing resources, such as lands, houses, heritage, sociocultural and Islamic values, as well as job and investment opportunities if the village is developed for tourism. Findings also present that one group of residents declared rejections and aiming to resist the development if it takes place, and they will not allowing foreigners to come and live in the village. The findings also show that this stress and strain can be alleviated by allowing residents to participate in the development. Finally, the residents of Al-Juhfa showed a high level of feeling of ownership towards their resources.

Keywords: perception of threat, effect of tourism, COR theory, local community, impact of tourism, Saudi Arabia

Procedia PDF Downloads 247