Search results for: judicial discourse

Authors: Bianca Suárez Puerta

Abstract:

Multimodal discourse refers to a method of study the media continuum between reality, screens as a device, audience, author, and media as a production from the audience. For this study we used semantic differential, a method proposed in the sixties by Osgood, Suci and Tannenbaum, starts from the assumption that under each particular way of perceiving the world, in each singular idea, there is a common cultural meaning that organizes experiences. In relation to these shared symbolic dimension, this method has had significant results, as it focuses on breaking down the meaning of certain significant acts into series of statements that place the subjects in front of some concepts. In Colombia, in 2016, a tool was designed to measure the meaning of a multimodal production, specially the acts of sense of transmedia productions that managed to receive funds from the Ministry of ICT of Colombia, and also, to analyze predictable patterns that can be found in calls and funds aimed at the production of culture in Colombia, in the context of the peace agreement, as a request for expressions from a hegemonic place, seeking to impose a worldview.

Keywords: semantic differential, semiotics, transmedia, critical analysis of discourse

Procedia PDF Downloads 188

Authors: Robin Turner

Abstract:

In the context of the strengthening conservative movements such as “Brexit” and the election of US President Donald Trump, the global political stage was shaken up by the election of Emmanuel Macron to the French presidency, defeating the far-right candidate Marine Le Pen. The election itself was a first for the Fifth Republic in which neither final candidate was from the traditional two major political parties: the left Parti Socialiste (PS) and the right Les Républicains (LR). Macron, who served as the Minister of Finance under his predecessor, founded the centrist liberal political party En Marche! in April 2016 before resigning from his post in August to launch his bid for the presidency. Between the time of the party’s creation to the first round of elections a year later, Emmanuel Macron and En Marche! had garnered enough support to make it to the run-off election, finishing far ahead of many seasoned national political figures. Now months into his presidency, the youngest President of the Republic shows no sign of losing fuel anytime soon. His unprecedented success raises a lot of questions with respect to international relations, economics, and the evolving relationship between the French government and its citizens. The effectiveness of Macron’s campaign, of course, relies on many factors, one of which is his manner of communicating his platform to French voters. Using data from oral discourse and primary material from Macron and En Marche! in sources such as party publications and Twitter, the study categorizes linguistic instruments – address, lexicon, tone, register, and syntax – to identify prevailing patterns of speech and communication. The linguistic analysis in this project is two-fold. In addition to these findings’ stand-alone value, these discourse patterns are contextualized by comparable discourse of other 2017 presidential candidates with high emphasis on that of Marine Le Pen. Secondly, to provide an alternative approach, the study contextualizes Macron’s discourse using those of two immediate predecessors representing the traditional stronghold political parties, François Hollande (PS) and Nicolas Sarkozy (LR). These comparative methods produce an analysis that gives insight to not only a contributing factor to Macron’s successful 2017 campaign but also provides insight into how Macron’s platform presents itself differently to previous presidential platforms. Furthermore, this study extends analysis to supply data that contributes to a wider analysis of the defeat of “traditional” French political parties by the “start-up” movement En Marche!.

Keywords: Emmanuel Macron, French, discourse analysis, political discourse

Procedia PDF Downloads 234

Authors: John Rosswell Cummings III

Abstract:

This research examines the discourse ancient Maya ritual practice manifest and maintained through language in a contemporary society as led by a daykeeper— a Maya spiritual leader— with the objective of discovering if the Maya Calendar has an influence on worldview. Through an ethnography of communication and discursive analysis framework, this research examines the discourse of and around the Maya calendar through original research. Data collected includes the ceremonial performance of the Tzolkin ritual, a ritual that takes place every 13 days to ceremonially welcome one of the 20 Universal Forces. During the ceremony, participants supplicate, sacrifice, and venerate. This ritual, based off the Tzolkin cycle in the Mayan Calendar, contains strong, culture-binding ideologies. This research performs a close analysis of the 20 energies of the Tzolkin and their glyphs so as to gain a better understanding of current ideologies in Maya communities. Through a linguistic relativity frame of reference, including both the strong and weak versions, the 20 Universal Forces are shown to influence ways of life. This research argues that it is not just the native language, but the discourses native to the community as held through the calendar, influence thought and have the potential to offer an alternate worldview, thus shaping the cultural narrative which in return influences identity of the community. Research of this kind, on calendric systems and linguistic relativity, has the power to make great discoveries about the societies of the world and their worldviews.

Keywords: anthropological linguistics, discourse analysis, cultural studies, sociolinguistics

Procedia PDF Downloads 126

Authors: Huang Yajing

Abstract:

Multimodal discourse refers to the phenomenon of using various senses such as hearing, vision, and touch to communicate through various means and symbolic resources such as language, images, sounds, and movements. With the development of modern technology and multimedia, language and technology have become inseparable, and foreign language teaching is becoming more and more modal. Teacher-student communication resorts to multiple senses and uses multiple symbol systems to construct and interpret meaning. The classroom is a semiotic space where multimodal discourses are intertwined. College English multi-modal teaching is to rationally utilize traditional teaching methods while mobilizing and coordinating various modern teaching methods to form a joint force to promote teaching and learning. Multimodal teaching makes full and reasonable use of various meaning resources and can maximize the advantages of multimedia and network environments. Based upon the above theories about multimodal discourse and multimedia technology, the present paper will propose a multi-modal teaching model for college English in China.

Keywords: multimodal discourse, multimedia technology, English education, applied linguistics

Procedia PDF Downloads 35

Authors: Sanjar Davronov

Abstract:

Linguistic research of food discourse helps to analyze gastronomic picture of the world which plays important role in cross-cultural communications. 20 hours lecture can’t provide broad knowledge about national picture of the world of native speakers whose language being studied by future translator students. This abstract analyses how to research food discourse in “Cross-cultural (or lingvo-cultural) communication” lectures for ESL students. During compare Uzbek and American national meals, we found some specific features of food names in both countries. For example: If names of food includes advertising character in USA restaurant menus like: New York strip Sirloin crowned with Fresh – squeezed orange and lemon with a hint of garlic; Uzbek meals names are too simple, short and force general afford in underlining action – preparation process like: “Dimlama” (dimla(verb-to stew)+ma(suffix of past perfect like- stew- stewed). “Qovurdoq” (qovur (verb- to fry)+ doq (suffix of adverb like “fried one”) but these are the most delicious and difficult in preparing national meals however it is heritage of national cuisine. There are also similarity between US and Uzbek food names which has geographical color - South African Lobster tail; Qashqadaryo tandiri (lamb prepared in “tandir” typical national oven with pine leafs in Qashkadarya region). Food for European people contains physical context more than spiritual but in Asian literature especially Uzbek food has some pragmatic stuff: salt and bread (associates with hospitality and humanity), don’t be faithlessness 40 for owners of house where you where a guest. We share some teaching techniques for food discourse analyzing lectures.

Keywords: cross-cultural communications, food discourse, ESL lectures, linguistic research

Procedia PDF Downloads 596

Authors: Melanie Kerschner

Abstract:

Language is our main means of social interaction. News journalism, especially opinion discourse, holds a powerful position in this context. Editorials can be regarded as encounters of different, partially contradictory relationships between discourse participants constructed through the editorial voice. Their primary goal is to shape public opinion by commenting on events already addressed by other journalistic genres in the given newspaper. In doing so, the author tries to establish a consensus over the negotiated matter (i.e. the news event) with the reader. At the same time, he/she claims authority over the “correct” description and evaluation of an event. Yet, how can the relationship and the interaction between the discourse participants, i.e. the journalist, the reader and the news actors represented in the editorial, be best visualized and studied from a cross-cultural perspective? The present research project attempts to give insights into the role of (media) culture in British, Italian and German editorials. For this purpose the presenter will propose a basic framework: the so called “pyramid of discourse participants”, comprising the author, the reader, two types of news actors and the semantic macro-structure (as meta-level of analysis). Based on this framework, the following questions will be addressed: • Which strategies does the author employ to persuade the reader and to prompt him to give his opinion (in the comment section)? • In which ways (and with which linguistic tools) is editorial opinion expressed? • Does the author use adjectives, adverbials and modal verbs to evaluate news actors, their actions and the current state of affairs or does he/she prefer nominal labels? • Which influence do language choice and the related media culture have on the representation of news events in editorials? • In how far does the social context of a given media culture influence the amount of criticism and the way it is mediated so that it is still culturally-acceptable? The following culture-contrastive study shall examine 45 editorials (i.e. 15 per media culture) from six national quality papers that are similar in distribution, importance and the kind of envisaged readership to make valuable conclusions about culturally-motivated similarities and differences in the coverage and assessment of news events. The thematic orientation of the editorials will be the NSA scandal and the reactions of various countries, as this topic was and still is relevant to each of the three media cultures. Starting out from the “pyramid of discourse participants” as underlying framework, eight different criteria will be assigned to the individual discourse participants in the micro-analysis of the editorials. For the purpose of illustration, a single criterion, referring to the salience of authorial opinion, will be selected to demonstrate how the pyramid of discourse participants can be applied as a basis for empirical analysis. Extracts from the corpus shall furthermore enhance the understanding.

Keywords: Micro-analysis of editorials, culture-contrastive research, media culture, interaction between discourse participants, evaluation

Procedia PDF Downloads 482

Authors: Zana Llonçari Osmani, Nita Llonçari

Abstract:

In Kosovo, public rhetoric and popular sentiment position the War of 1998-99 (the war) as central to the formation of contemporary Kosovo's national identity. This period was marked by the forced massive displacement of Kosovo Albanians, the destruction of entire settlements, the loss of family members, and the profound emotional trauma experienced by civilians, particularly those who actively participated in the war as members of the Kosovo Liberation Army (KLA). Amidst these profound experiences, the Prekaz Massacre (The Massacre) is widely regarded as the defining event that preceded the final struggles of 1999 and the long-awaited attainment of independence. This study aims to explore how different visitors perceive the dominant discourse at The Memorial, a site dedicated to commemorating the Prekaz Massacre, and to identify the factors that influence their perceptions. The research employs a comprehensive mixed-method approach, combining online surveys, critical discourse analysis of visitor impressions, and content analysis of media representations. The findings of the study highlight the significant role played by original material remains in shaping visitor perceptions of The Memorial in comparison to the curated symbols and figurative representations interspersed throughout the landscape. While the design elements and physical layout of the memorial undeniably hold significance in conveying the memoryscape, there are notable shortcomings in enhancing the overall visitor experience. Visitors are still primarily influenced by the tangible remnants of the war, suggesting that there is room for improvement in how design elements can more effectively contribute to the memorial's narrative and the collective memory of the Prekaz Massacre.

Keywords: critical discourse analysis, memorialisation, national discourse, public rhetoric, war tourism

Procedia PDF Downloads 53

Authors: Thu Thuy Nguyen

Abstract:

In recent years, mediation has gained a great attention from many jurisdictions thanks to its advantages. With respect to Asia, mediation has a long history of development in this region with various types to amicably settle disputes in civil and commercial issues. The modern mediation system in several Asian countries and territories comprises three main categories, namely court-annexed mediation, mediation within arbitral proceedings and institutional mediation. Court-annexed mediation (or in-court mediation) is mediation conducted by the court in the course of judicial procedures. In dealing with cross-border business disputes, in-court mediation exposes a number of advantages in comparison with two other types of mediation, especially in terms of enforcement of final result. However, the confidentiality of mediation process in subsequent judicial proceedings, qualifications of court judges and the issue of recognition and enforcement of foreign judgment are normally seen as drawbacks of court-annexed mediation as in court-annexed mediation judges will be casts as dual roles as both mediator and ultimate adjudicator in the same dispute. This paper will examine the strengths and weaknesses of in-court mediation in settling transnational business disputes in selected Asian countries, including China, Hong Kong, Japan, Singapore and Vietnam.

Keywords: court-annexed mediation, international commercial disputes, Asia, strengths and weaknesses

Procedia PDF Downloads 286

Authors: Fatima Kiran

Abstract:

This study investigates the HIV/AIDS coverage in the selected newspapers. The premises of the study depend upon the fact that informing public about any social issue that effects people’s life is among one of the fundamental functions of media, such as HIV/AIDS is one of prime importance. In this study two most prime newspapers of Pakistan Daily Jang and Daily Dawn were analyzed. This paper adopted two approaches for investigation one is content analysis and another is discourse analysis. The content analysis was used to determine the frequency of HIV/AIDS content coverage. Discourse analysis was used to determine consciousness of these newspapers on covering HIV/AIDS stories with correct language and terminologies according to the given media guideline of UNICEF. Total 368 editions from 1st July 2017 to 31st December 2017 were sampled for the study. The result of the study indicates that newspapers have severely underestimated the severity of HIV/AIDS. The coverage given by newspapers is dissatisfactory. Selected newspapers used inappropriate terminologies and language in the stories which shows negligence of newspapers regarding HIV/AIDS issue.

Keywords: Pakistani newspapers, HIV/AIDS, coverage, public awareness, content analysis, discourse analysis, press consciousness

Procedia PDF Downloads 111

Authors: Amber Brittain-Hale

Abstract:

This research investigates the evolving role of social media in crisis situations by employing discourse analysis methodology and honing in on the Russo-Ukrainian War, particularly Ukraine's use of LinkedIn. The study posits that social media platforms, such as LinkedIn, play a crucial role in shaping communication, disseminating information, and influencing geopolitical strategies during conflicts. Focusing on Ukraine's official state account on LinkedIn and analyzing its posts and interactions, the research aims to unveil discourse dynamics in high-stakes scenarios and provide valuable insights for leaders navigating complex global challenges. A comprehensive analysis of the data will contribute to a deeper understanding of the tactics adopted by political leaders in managing communication, the bidirectional nature of discourse provided by online social networks, and the rapid advancement of technology that has led to the growing significance of social media platforms in crisis situations. Through this approach, the geopolitical factors that influenced the country's social media strategy during the Russo-Ukrainian War will be illuminated, offering a broader perspective on the role of social media in such challenging times. Ultimately, the study seeks to uncover lessons that can be drawn from Ukraine's LinkedIn approach, informing future strategies for utilizing social media during crises and advancing the understanding of how social media can be harnessed to address intricate global issues.

Keywords: russo-ukrainian war, social media, crisis, discourse analysis

Procedia PDF Downloads 84

Authors: Bong Borero Lumabao

Abstract:

This qualitative research is a study on the lines of Fliptop talks performed by the Fliptop rappers employing Finnegan’s (2008) discourse analysis. This paper aimed to analyze the phonological, morphological, and semantic features of the fliptop talk, to explore the structures in the lines of Fliptop among Filipino youth, and to uncover the various insights that can be gained from it. The corpora of the study included all the 20 Fliptop Videos downloaded from the Youtube Channel of Fliptop. Results revealed that Fliptop contains phonological features such as assonance, consonance, deletion, lengthening, and rhyming. Morphological features include acronym, affixation, blending, borrowing, code-mixing and switching, compounding, conversion or functional shifts, and dysphemism. Semantics presented the lexical category, meaning, and words used in the fliptop talks. Structure of Fliptop revolves on the personal attack (physical attributes), attack on the bars (rapping skills), extension: family members and friends, antithesis, profane words, figurative languages, sexual undertones, anime characters, homosexuality, and famous celebrities involvement.

Keywords: discourse analysis, fliptop talks, filipino youth, fliptop videos, Philippines

Procedia PDF Downloads 203

Authors: Miraji H. Mohamed

Abstract:

The purpose of this study is to critique ‘radicalisation’ and more particularly ‘youth radicalisation’ by exploring its usage in online newspapers. ‘Radicalisation’ and ‘extremism’ have become the most common terms in terrorism studies since the 9/11 attacks. Regardless of the geographic location, when the word terrorism is used the terms ‘radicalisation’ and ‘extremism’ always follow to attempt to explore the journey of the perpetrators towards violence. These terms have come to represent a discourse of dominantly pejorative traits often used to describe spaces, groups, and processes identified as problematic. Even though ambiguously defined they feature widely in government documents, political statements, news articles, academic research, social media platforms, religious gatherings, and public discussions. Notably, ‘radicalisation’ and ‘extremism’ have been closely conflated with the term youth to form ‘youth radicalisation’ to refer to a discourse of ‘youth at risk’. The three terms largely continue to be used unquestioningly and interchangeably hence the reason why they are placed in single quotation marks to deliberately question their conventional usage. Albeit this comes timely in the Kenyan context where there has been a proliferation of academic and expert research on ‘youth radicalisation’ (used as a neutral label) without considering the political, cultural and socio-historical contexts that inform this label. This study seeks to draw these nuances by employing a genealogical approach that historicises and deconstructs ‘youth radicalisation’; and by applying a Discourse-Historical Approach (DHA) of Critical Discourse Analysis to analyse Kenyan online newspaper - The Daily Nation between 2015 and 2018. By applying the concept of representation to analyse written texts, the study reveals that the use of ‘youth radicalisation’ as a discursive strategy disproportionately affects young people especially those from cultural/ethnic/religious minority groups. Also, the ambiguous use of ‘radicalisation’ and ‘youth radicalisation’ by the media reinforces the discourse of ‘youth at risk’ which has become the major framework underpinning Countering Violent Extremism (CVE) interventions. Similarly, the findings indicate that the uncritical use of ‘youth radicalisation’ has been used to serve political interests; and has become an instrument of policing young people, thus contributing to their cultural shaping. From this, it is evident that the media could thwart rather than assist CVE efforts. By exposing the political nature of the three terms through evidence-based research, this study offers recommendations on how critical reflective reporting by the media could help to make CVE more nuanced.

Keywords: discourse, extremism, radicalisation, terrorism, youth

Procedia PDF Downloads 104

Authors: Luke Galvani

Abstract:

The cultural representations of people with disabilities are frequently biased which can lead to a general misunderstanding of disability. Representations of disabled deviance are especially problematic given that they typify or generally abstract disability as being abnormal, which then begin to take root in the cultural mind. This study utilizes critical discourse analysis to investigate how discourses of disabled sexual deviance are promoted within two major films that portray disabled sexual subjects. The findings indicate that perceptions of disabled sexual deviance are heightened by cinematic representations of sex and disability, which characterize disabled sexual expression as being undesirable due to the ephemeral and abnormal qualities ascribed to it.

Keywords: deviance, disability, discourse analysis, sexuality

Procedia PDF Downloads 149

Authors: Sahar Rasoulikolamaki

Abstract:

ISIS (also known as DAASH) is an Islamic fundamentalist group that has been known as a global threat to the whole world for their radicalizing approach and application of online platforms as a tool to portray their activities, to disseminate their ideology, and to commit recruiting activities. This study is an attempt to carry out a critical discourse analysis on the argumentative devices by which ISIS legitimizes or delegitimizes positive or negative constructions of social practices in Dabiq. It tries to shed light on how texts in Dabiq as linguistic elements in the micro level of analysis relate to ISIS’ ideology as the higher-up macro level and in other words, how local structures contributed to the construction and transference of a global structure or ideology and vice versa. Therefore, following the relevant analytical frameworks, the study focuses on both micro-level of analysis of arguments (topoi) and macro-structure of legitimation and delegitimation in Dabiq. This purpose is nailed using the analytical categories and tools provided by Wodak’s Discourse Historical Approach (DHA) such as argumentation strategies (topoi), by which the coded language of legitimation/delegitimation and persuasion as used in Dabiq are explored. The ensuing findings demonstrate that Dabiq rigorously relies on the positive representation of the in-group course of actions and justifying its violence and, at the same time, the negative representation of the out-group behavior through implementing various topoi to achieve its desired outcome, which is the ideological manipulation and powerful self-depiction, as well as the supporter recruitment.

Keywords: argumentation, discourse-historical approach, ideology, legitimation and delegitimation, topoi

Procedia PDF Downloads 113

Authors: Melissa Angus Baboun

Abstract:

Utilizing a Critical Discourse Analysis (CDA) methodology and a theoretical framework based on disability studies, how Jamaican and Trinidadian newspapers discussed issues relating to the Deaf community were examined. The term deaf was inputted into the search engine tool of the online website for the Jamaica Observer and the Trinidad & Tobago Guardian. All 27 articles that contained the term deaf in its content and were written between August 1, 2017 and November 15, 2017 were chosen for the study. The data analysis was divided into three steps: (1) listing and analysis instances of metaphorical deafness (e.g. fall on deaf ears), (2) categorization of the content of the articles into the models of disability discourse (the medical, socio-cultural, and superscrip models of disability narratives), and (3) the analysis of any additional data found. A total of 42% of the articles pulled for this study did not deal with the Deaf community in any capacity, but rather instances of the use of idiomatic expressions that use deafness as a metaphor for a non-physical, undesirable trait. The most common idiomatic expression found was fall on deaf ears. Regarding the models of disability discourse, eight articles were found to follow the socio-cultural model, two were found to follow the medical model, and two were found to follow the superscrip model. The additional data found in these articles include two instances of the term deaf and mute, an overwhelming use of lower case d for the term deaf, and the misuse of the term translator (to mean interpreter).

Keywords: deafness, disability, news coverage, Caribbean newspapers

Procedia PDF Downloads 208

Authors: Zafar Ali

Abstract:

The aim of this research is to highlight problems that are faced by women at the hands of men. Males in Pakistani society have power and use this power for the exploitation of women. Further, the purpose of the study is to make societies like Pakistan and especially the young generation, aware and enable them to resist such issues, and the role of discourse in this regard is to minimize its political and social repercussions. The study finds out different discursive techniques and manipulative language used in the short story to construct gender identity. The study also investigates socio-economic roles in the construction of gender identity. This study has been completed with the help of Critical Discourse Analysis (CDA) principles. CDA principles have been applied to the text of the selected short story Saleema from Daniyal Mueenuddin’s collection In Other Rooms, Other Wonders. Related passages, structures, expressions, and text are analyzed from the point of view of CDA, especially Norman Fairclough’s CDA approach. It was found from the analysis that women have no identity of their own in patriarchal societies like Pakistan. Further, it was found women are mistreated, and they have a very limited and defined role in Pakistan. They cannot go beyond the limit defined to them by men.

Keywords: gender issues, resourceful groups, CDA, exploitation

Procedia PDF Downloads 104

Authors: Nastas Andrei

Abstract:

Ensuring accessible and functional justice is one of the priority objectives of judicial reform, and protecting the family against any acts that may harm its existence is one of the first priorities that have determined the need to defend the social order. In this context, the correlative approach of the victim and the aggressor becomes relevant as a subject of the crime of domestic violence. Domestic violence is a threat of physical, moral, or material harm, externalized now or in the past, or its provocation, which is characterized by a constant tendency to escalate and a high probability of repetitiveness in the relationship between the social partners, regardless of their legal status or domicile.Studying the legal support to identify the particularities of the victim and the subject of the crime of domestic violence facilitates the identification of the determinants of this crime, therefore, the development of means to prevent domestic violence. The scientific research has been effectuated on the base of the proper and authentic empirical data obtained from the analysis of the judicial practice in the matter of domestic violence, as well as being based on the most recent scientific issues in the field of the Substantive Criminal Law and other branches of science (criminology, psychology, sociology, pedagogy). As a result of the study performed, there have been formulated conclusions and interpretations able to be used in the science of the Substantive Criminal law, as well as in the practice of application of the legal norm in the matter of domestic violence.

Keywords: family violence, victim, crime, violence

Procedia PDF Downloads 83

Authors: Marlon B. Espedillon

Abstract:

This qualitative study examines practice teaching as an important component of teacher education and its entanglement with the teacher quality discourse. How the key actors -student teachers, supervising instructors, cooperating teachers, and school principals- construe teacher quality is essential in understanding how the student teachers articulate their voices and challenge the cultural myths in teacher education. The ethnographic method of research was used to provide an ecological picture of field experiences. Three cultural myths were uncovered based on the thematic analysis of the interview transcripts, observations, and documents.

Keywords: teacher quality, practice teaching, student teacher agency, cultural myths

Procedia PDF Downloads 74

Authors: Anurag Devkota

Abstract:

Foreign employment serves to be the strongest pillar in engendering employment options for a large number of the young Nepali population. Nepali workers are forced to leave the comfort of their homes and are exposed to precarious conditions while on a journey to earn enough money to live better their lives. The exponential rise in foreign labour migration has produced a snowball effect on the economy of the nation. The dramatic variation in the economic development of the state has proved to establish the fact that migration is increasingly significant for livelihood, economic development, political stability, academic discourse and policy planning in Nepal. The foreign employment practice in Nepal largely incorporates the role of individual agents in the entire process of migration. With the fraudulent acts and false promises of these agents, the problems associated with every Nepali migrant worker starts at home. The workers encounter tremendous pre-departure malpractice and exploitation at home by different individual agents during different stages of processing. Although these epidemic and repetitive ill activities of intermediaries are dominant and deeply rooted, the agents have been allowed to walk free in the absence of proper laws to curb their wrongdoings and misconduct. It has been found that the existing regulatory mechanisms have not been utilised to their full efficacy and often fall short in addressing the actual concerns of the workers because of the complex legal and judicial procedures. Structural changes in the judicial setting will help bring perpetrators under the law and victims towards access to justice. Thus, a qualitative improvement of the overall situation of Nepali migrant workers calls for a proper 'regulatory' arrangement vis-à-vis these brokers. Hence, the author aims to carry out a doctrinal study using reports and scholarly articles as a major source of data collection. Various reports published by different non-governmental and governmental organizations working in the field of labour migration will be examined and the research will focus on the inductive and deductive data analysis. Hence, the real challenge of establishing a pro-migrant worker regime in recent times is to bring the agents under the jurisdiction of the court in Nepal. The Gulf Visit Study Report, 2017 prepared and launched by the International Relation and Labour Committee of Legislature-Parliament of Nepal finds that solving the problems at home solves 80 percent of the problems concerning migrant workers in Nepal. Against this backdrop, this research study is intended to determine the ways and measures to curb the role of agents in the foreign employment and labour migration process of Nepal. It will further dig deeper into the regulatory mechanisms of Nepal and map out essential determinant behind the impunity of agents.

Keywords: foreign employment, labour migration, human rights, migrant workers

Procedia PDF Downloads 100

Authors: Chun-Liang Wu, Kai-Ping Shaw, Cheng-Ping Yu, Wu-Chien Chien, Hsiao-Ting Chen, Shao-Huang Wu

Abstract:

Objective: This study analyzed three criminal judicial cases. We applied the damage analysis of the two vehicles to verify other evidence, such as dashboard camera records of each accident, reconstruct the scenes, and pursue the truth. Methods: Evidence analysis, the method is to collect evidence and the reason for the results in judicial procedures, then analyze the involved damage evidence to verify other evidence. The collision damage analysis method is to inspect the damage to the vehicles and utilize the principles of tool mark analysis, Newtonian physics, and vehicle structure to understand the relevant factors when the vehicles collide. Results: Case 1: Sedan A turned right at the T junction and collided with Scooter B, which was going straight on the left road. The dashboard camera records showed that the left side of Sedan A’s front bumper collided with the body of Scooter B and rider B. After the analysis of the study, the truth was that the front of the left side of Sedan A impacted the right pedal of Scooter B and the right lower limb of rider B. Case 2: Sedan C collided with Scooter D on the left road at the crossroads. The dashboard camera record showed that the left side of the Sedan C’s front bumper collided with the body of Scooter D and rider D. After the analysis of the study, the truth was that the left side of the Sedan C impacted the left side of the car body and the front wheel of Scooter D and rider D. Case 3: Sedan E collided with Scooter F on the right road at the crossroads. The dashboard camera record showed that the right side of the Sedan E’s front bumper collided with the body of Scooter F and rider F. After the analysis of the study, the truth was that the right side of the front bumper and the right side of the Sedan F impacted the Scooter. Conclusion: The application of collision damage analysis in the reconstruction of a sedan-scooter collision could discover the truth and provide the basis for judicial justice. The cases and methods could be the reference for the road safety policy.

Keywords: evidence analysis, collision damage analysis, accident reconstruction, sedan-scooter collision, dashboard camera records

Procedia PDF Downloads 56

Authors: Rahmayanti, Theresia Simatupang, Ronald H. Sianturi

Abstract:

Corruption criminal act develops rapidly since in the transition era there is weakness in law. Consequently, there is an opportunity for a few people to do fraud and illegal acts and to misuse their positions and formal functions in order to make them rich, and the criminal acts are done systematically and sophisticatedly. Some people believe that legal provisions which specifically regulate the corruption criminal act; namely, Law No. 31/1999 in conjunction with Law No. 20/2001 on the Eradication of Corruption Criminal Act are not effective any more, especially in onus probandi (the burden of proof) on corruptors. The research was a descriptive analysis, a research method which is used to obtain description on a certain situation or condition by explaining the data, and the conclusion is drawn through some analyses. The research used judicial normative approach since it used secondary data as the main data by conducting library research. The system of the burden of proof, which follows the principles of reversal of the burden of proof stipulated in Article 12B, paragraph 1 a and b, Article 37A, and Article 38B of Law No. 20/2001 on the Amendment of Law No. 31/1999, is used only as supporting evidence when the principal case is proved. Meanwhile, how to maximize the implementation of the burden of proof on the perpetrators of corruption criminal act in which the public prosecutor brings a corruption case to Court, depends upon the nature of the case and the type of indictment. The system of burden of proof can be used to eradicate corruption in the Court if some policies and general principles of justice such as independency, impartiality, and legal certainty, are applied.

Keywords: burden of proof, perpetrator, corruption criminal act

Procedia PDF Downloads 293

Authors: Hsiao-Yung Wang

Abstract:

This essay aims to examine how the transgender imagery has been constructed in the Taiwanese news media and its evolution from 1953 to 2016. It also explores the discourse patterns and rhetorical strategies in the transgender-related issues which contributed to levels of evaluation in forming ‘social deviance.’ Samples for analysis were selected from mainstream newspapers, including China Times, United Daily and Apple Daily. The time frame for sample selection is from August 1953 (when the first transgender case was reported in Taiwan) to June 2016. To enhance understanding of media representation as nominalistic-based, the author refers to the representative of critical rhetoric Raymie McKerrow for his study on remembrance and forgetfulness in public discourse (especially in his model of ‘critique of domination’); thereby categorizing the 64 years of transgender discourse into five periods: (1) transgender as ‘intersex’ of surgical-reparative medical treatment; (2) transgender as ‘freak gender-bender’ with criminal behaviors; (3) transgender as ‘ladyboy’ (‘katoey in a Thai term) of bar girls or sex workers; (4) transgender as ‘cross dresser’ of transvestite performance; and (5) transgender as ‘life-style or human right’ of spontaneous gender identification. Based on the research findings, this essay argues that the characterization of transgender reporting as a site for the production of compulsory sexism and gender stereotype by the specific forms of name-calling. Besides, the evolution of word-image addressing to transgender issues also pinpoints media as a reflection of fashion of the day. While the transgender imagery might be crystallized as ‘still social problems’ or ‘gender transgression’ in insidious rhetoric; and while the so-called ‘phobia’ persistently embodies in media discourse to exercise name-calling in an ambiguous (rather than in a bullying) way or under the cover of humanist-liberalist rationales, these emergent rhetorical dilemma should be resolved without any delay.

Keywords: critical rhetoric, media representation, McKerrow, nominalistic, social deviance, transgender

Procedia PDF Downloads 287

Authors: Tien-Hui Chiang

Abstract:

Human capital discourse encourages many countries to expand the capacity of HEIs. Along with this expansion, the higher education system is redefined as a free market and in turn it is privatized and commercialized. However, the state’s role in education is to balance social justice and capital accumulation. This role is further regulated by a specific form of neoliberalism constituted by social contexts. These correlations call for exploring the influence of human capital discourse on interwoven issues, such as the state’s role in education, higher education policy, and employability. Method: According to the perspective of neoliberal governmentality, answers to the above four research questions are likely to be embedded within discourses in documents related to higher education policies. Consequently, this study adopts a qualitative approach by analyzing official documents, including government reports, official statistics, circulars and official statements. Documents were collected and subjected to content analysis, with a particular focus on the period from 2005 to 2021. The technique of content analysis was applied to decode keywords and core concepts of these documents. Findings: Neoliberalism is exerted through human capital discourse in China particularly in the changes in higher education policies moving from quantitative expansion to quality control via employment or employability. Such changes highlight that the principle of “n”eoliberalism is more suitable for illustrating the practice of free market logic in different social contexts. The modifications of neoliberalism adopted by the Chinese government reflect that the state’s mission is to secure social security or the common good, so that public managerialism - in the form of programs for employment, internship and entrepreneurship - is adopted in the name of the public interest and the collective mission. Public managerialism now is not only targeted towards social institutions but the population more generally, incarnated here by college graduates. Its practice is not only to renovate organizational cultures but to activate people’s commitment to national development.

Keywords: employability, higher education expansion, neoliberalism, human capital discourse

Procedia PDF Downloads 51

Authors: Masood Ahmed

Abstract:

There is a plethora of literature (including judicial and extra-judicial comments) concerning the virtues of alternative dispute resolution processes within the English civil justice system. Lord Woolf in his Access to Justice Report ushered in a new pro-ADR philosophy and this was reinforced by Sir Rupert Jackson in his review of civil litigation costs. More recently, Briggs LJ, in his review of the Chancery Court, reiterated the significant role played by ADR and the need for better integration of ADR processes within the Chancery Court. His Lordship also noted that ADR which had failed to produce a settlement (i.e. a failed-ADR) continued to play a significant role in contributing to a ‘substantial narrowing of the issues or increased focus on the key issues’ which were ‘capable of assisting both the parties and the court in the economical determination of the dispute at trial.’ With the assistance of empirical data, this paper investigates the nature of failed-ADR and, in particular, assesses the effectiveness of failed-ADR processes as a tool in: (a) narrowing the legal and/or factual issues which may assist the courts in more effective and efficient case management of the dispute; (b) assisting the parties in the future settlement of the matter. This paper will also measure the effectiveness of failed-ADR by considering the views and experiences of legal practitioners who have engaged in failed-ADR.

Keywords: English civil justice system, alternative dispute resolution processes, civil court process, empirical data from legal profession regarding failed ADR

Procedia PDF Downloads 444

Authors: Andrzej Kesiak

Abstract:

Contemporary theology is often accused of answering questions that nobody is asking, and of employing hermetic language that has lost its communication capacity. There is also a question that theology is asking itself: how theological discourse can still be influential on other disciplines and, how to overcome the separation of theology and belief. Undoubtedly, in the wider spectrum, the theological discourse has been and will be needed. The difficulty is how to find the right model of it, the model that would help theology to enter in dialogue with culture, art, science, and politics. Presumably, there is no only one such model, theology constantly needs to seek such models, and this is probably a never-ending journey; in other words, theology should adopt a profile of ‘a restless being’ if it wants to remain influential. Music, on the other hand, has always been very close to theology; in fact, a huge part of classical music is either sacred or religious. Many composers sought inspiration in religion, liturgy, religious painting and sacred texts. This paper will argue that despite all that it seems that a proper and factual dialogue is still in a starting phase. Such a thing as a reciprocal relationship between theology and music definitely exists, but it has not yet been theoretically developed enough. Correlation between musical and theological disciplines constitutes a very broad and complex discourse. Therefore this study would rather narrow the subject and put it in a specific context: Theology and Music in the XXI. Century. This paper is a text-based study; therefore it will be based on textual-analysis with elements of the text hermeneutics.

Keywords: music, theology, reciprocal relationship between theology and music, XXI Century

Procedia PDF Downloads 133

Authors: Fadila Hadjeris

Abstract:

The study aims at investigating the functions of English-Arabic code switching in English as a foreign language classroom oral discourse and the extent to which they can contribute to the flow of classroom interaction. It also seeks to understand the views, beliefs, and perceptions of teachers and learners towards this practice. We hypothesized that code switching is a communicative strategy which facilitates classroom interaction. Due to this fact, both teachers and learners support its use. The study draws on a key body of literature in bilingualism, second language acquisition, and classroom discourse in an attempt to provide a framework for considering the research questions. It employs a combination of qualitative and quantitative research methods which include classroom observations and questionnaires. The analysis of the recordings shows that teachers’ code switching to Arabic is not only used for academic and classroom management reasons. Rather, the data display instances in which code switching is used for social reasons. The analysis of the questionnaires indicates that teachers and pupils have different attitudes towards this phenomenon. Teachers reported their deliberate switching during EFL teaching, yet the majority was against this practice. According to them, the use of the mother has detrimental effects on the acquisition and the practice of the target language. In contrast, pupils showed their preference to their teachers’ code switching because it enhances and facilitates their understanding. These findings support the fact that the shift to pupils’ mother tongue is a strategy which aids and facilitates the teaching and the learning of the target language. This, in turn, necessitates recommendations which are suggested to teachers and course designers.

Keywords: bilingualism, codeswitching, classroom interaction, classroom discourse, EFL learning/ teaching, SLA

Procedia PDF Downloads 437

Authors: Derya Duran, Christine Jacknick

Abstract:

Despite a growing body of research on classroom, especially language classroom interactions, much more is yet to be discovered on how interaction is organized in higher education settings. This study investigates how the discourse marker 'I mean' in teacher questioning turns functions as a resource to promote student participation as well as to enhance collective understanding in whole-class discussions. This paper takes a conversation analytic perspective, drawing on 30-hour video recordings of classroom interaction in an English as a medium of instruction university in Turkey. Two content classrooms (i.e., Guidance) were observed during an academic term. The course was offered to 4th year students (n=78) in the Faculty of Education; students were majoring in different subjects (i.e., Early Childhood Education, Foreign Language Education, Mathematics Education). Results of the study demonstrate the multi-functionality of discourse marker 'I mean' in teacher questioning turns. In the context of English as a medium of instruction classrooms where possible sources of confusion may occur, we found that 'I mean' is primarily used to indicate upcoming adjustments. More specifically, it is employed for a variety of interactional purposes such as elaboration, clarification, specification, reformulation, and reference to the instructional activity. The study sheds light on the multiplicity of functions of the discourse marker in academic interactions and it uncovers how certain linguistic resources serve functions to the organization of repair such as the maintenance of understanding in classroom interaction. In doing so, it also shows the ways in which participation is routinely enacted in shared interactional events through linguistic resources.

Keywords: conversation analysis, discourse marker, English as a medium of instruction, repair

Procedia PDF Downloads 134

Authors: Ganna Zakharova

Abstract:

The persuasive influence of tourism promotional materials is very much experienced nowadays. In order to attract the attention of viewers, marketers choose various techniques in their digital texts. Video is an essential element for attraction and seduction; it is a trigger element for tourists. This solution for web marketing engages and convinces potential tourists to book a tourism product. Embedding video materials into a website provides useful information, create different feelings in viewers, and help them finalize their decisions. The present article discusses video solutions for health tourism websites used to allure potential tourists. The paper reviews the influential elements of persuasive tourism marketing videos. The article highlights how these components as persuasive strategies of tourism promotional materials can influence the decisions of tourism websites’ users. The result section provides the real examples of the deployment of the mentioned technique to convince the audience by the website of 'Karpaty' resort (Ukraine). This technique is worth attention as it plays an important role in the promotion of tourism services. The data collection of this study will provide updated information in relation to the rhetoric of tourism.

Keywords: tourism discourse, persuasive video, influential videos in marketing, persuasive discourse, tourism promotion

Procedia PDF Downloads 96

Authors: Chun-Liang Wu, Kai-Ping Shaw, Cheng-Ping Yu, Wu-Chien Chien, Hsiao-Ting Chen, Shao-Huang Wu

Abstract:

Objective: This study analyzed three criminal judicial cases. We applied the patterned injuries of the rider to demonstrate the facts of each accident, reconstruct the scenes, and pursue the truth. Methods: Case analysis, a method that collects evidence and reasons the results in judicial procedures, then the importance of the pattern of injury as evidence will be compared and evaluated. The patterned injuries analysis method is to compare the collision situation between an object and human body injuries to determine whether the characteristics can reproduce the unique pattern of injury. Result: Case 1: Two motorcycles, A and B, head-on collided; rider A dead, and rider B was accused. During the prosecutor’s investigation, the defendant learned that rider A had an 80 mm open wound on his neck. During the court trial, the defendant requested copies of the case file and found out that rider A had a large contusion on his chest wall, and the cause of death was traumatic hemothorax and abdominal wall contusion. The defendant compared all the evidence at the scene and determined that the injury was obviously not caused by the collision of the body or the motorcycle of rider B but that rider was out of control and injured himself when he crossed the double yellow line. In this case, the defendant was innocent in the High Court judgment in April 2022. Case 2: Motorcycles C and D head-on crashed, and rider C died of massive abdominal bleeding. The prosecutor decided that rider C was driving under the influence (DUI), but rider D was negligent and sued rider D. The defendant requested the copies’ file and found the special phenomenon that the front wheel of motorcycle C was turned left. The defendant’s injuries were a left facial bone fracture, a left femur fracture, and other injuries on the left side. The injuries were of human-vehicle separation and human-vehicle collision, which proved that rider C suddenly turned left when the two motorcycles approached, knocked down motorcycle D, and the defendant flew forward. Case 3: Motorcycle E and F’s rear end collided, the front rider E was sentenced to 3 months, and the rear rider F sued rider E for more than 7 million N.T. The defendant found in the copies’ file that the injury of rider F was the left tibial platform fracture, etc., and then proved that rider F made the collision with his left knee, causing motorcycle E to fall out of control. This evidence was accepted by the court and is still on trial. Conclusion: The application of patterned injuries in the reconstruction of a motorcycle accident could discover the truth and provide the basis for judicial justice. The cases and methods could be the reference for the policy of preventing traffic accident casualties.

Keywords: judicial evidence, patterned injuries analysis, accident reconstruction, fatal motorcycle injuries

Procedia PDF Downloads 52

Authors: Seyedeh Khadijeh. Mirbazel, Masoumeh Arjmandi

Abstract:

Semantics is a linguistic approach and a scientific stream, and like all scientific streams, it is dynamic. The study of meaning is carried out in the broad semantic collections of words that form the discourse. In other words, meaning is not something that can be found in a word; rather, the formation of meaning is a process that takes place in a discourse as a whole. One of the contemporary semantic theories is Izutsu's Semantic Field Theory. According to this theory, the discovery of meaning depends on the function of words and takes place within the context of language. The purpose of this research is to identify the meaning of the word "Nas" in the discourse of verse 24 of Surah Al-Baqarah, which introduces "Nas" as the firewood of hell, but the translators have translated it as "people". The present research has investigated the semantic structure of the word "Nas" using the aforementioned theory through the descriptive-analytical method. In the process of investigation, by matching the semantic fields of the Quranic word "Nas", this research came to the conclusion that "Nas" implies those persons who have forgotten God and His covenant in believing in His Oneness. For this reason, God called them "Nas (the forgetful)" - the imperfect participle of the noun /næsiwoɔn/ in single trinity of Arabic language, which means “to forget”. Therefore, the intended meaning of "Nas" in the verses that have the word "Nas" is not equivalent to "People" which is a general noun.

Keywords: Nas, people, semantics, semantic field theory.

Procedia PDF Downloads 164