Search results for: legal translation

Authors: Violeta Kapageorgiadou

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Over the past decade, millions of individuals from middle-eastern and African countries have migrated to Europe to seek refuge. The majority of these refugees emigrate from Muslim majority countries and seek to integrate into European societies. Notably, Greece has hosted thousands of individuals seeking asylum since 2015. Many of these individuals have applied for asylum. They have sought to integrate into the Greek society and to navigate their way through the national and European legal systems with regard to their status. This paper, drawn from a PhD thesis project, focuses on the legal consciousness of migrants and the processes open to asylum seekers to assert their rights, notably with regard to incidents of hate crime and including their interactions with the legal authorities in Greece. The research seeks to capture the factors that influence the views and behaviors of migrants towards the law and their legal rights, using legal consciousness as a theoretical framework. The research findings indicate that asylum seekers have developed a multidimensional legal consciousness influenced by their religious and political background, legal knowledge, previous (negative) experiences with the legal system and their socio-economic status in Greece. Asylum seekers, while aware of the rights essential for their survival in the host country (such as applying for asylum to obtain a secure status, claiming for benefits and housing), were unaware of, and less willing to engage with, legal authorities and rights which they did not find essential for their survival. They viewed hate incidents against them as less important, not worth reporting and sometimes did not even consider these incidents as crimes. The research suggests that asylum seekers in Greece are a vulnerable population who need mechanisms to support them and raise their legal consciousness around their rights in order to better integrate, develop and thrive in the host society. Moving forwards, a better understanding of refugees' and asylum seekers’ reactions towards hate crime will help to create future policies and support mechanisms that could improve the lives of these individuals.

Keywords: hate crime, legal consciousness, legal rights, migrations

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Authors: Lidija Simunovic

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A Close-out netting cause is a clause within master agreements which reduces credit risks. This clause contains the parties ' advance agreement that the occurrence of a certain event (such as the commencement of bankruptcy proceedings) will result in the termination of the contract and that their mutual claims will be calculated as a net lump-sum to be paid by one party to the other. The legal treatment of the enforceability of close-out netting clauses opens up many legal matters in comparative legal systems because it is not uniformly treated in comparative laws. Certain legal systems take a liberal approach and allow the enforcement of close-out netting clauses. Others are much stricter, and they limit or completely prohibit the enforcement of close-out netting clauses through the mandatory provisions of their national bankruptcy laws. The author analyzes the concept of close-out netting clauses in selected comparative legal systems and examines the differences in their legal treatment by using the historical, analytical, and comparative method. It results that special treatment of the close-out netting in national laws with a liberal approach is often forced by financial industry lobbies and introduced in national laws without the justified reasons. Contrary to that in legal systems with limited or prohibited approach on close-out netting the uncertain enforceability of the close-out netting clause causes potential credit risks. The detected discrepancy on the national legal treatment and national financial markets regarding close-out netting lead to the conclusion to author’s best knowledge that is not possible to use any national model of close-out netting as a role model which perfectly fits all.

Keywords: close-out netting clauses, derivatives, insolvency, offsetting

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Authors: Le Bich Thuy

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A trust is an alien notion in Vietnamese law until 2021, which not only dissatisfies the practical demands of the nation’s civilians but also results in some detrimental shortcomings. The Judicial Case Law No 2 to be applied in adjudicating subsequent cases is a typical example of such negative consequences, implying a need for an application of trust law into Vietnam’s legal system. This paper first presents the similarity in nature between parties’ relationship in the mentioned case and a proprietary trust relationship, followed by an analysis of such a case from a trusted perspective. Subsequently, an introduction of potential obstacles hindering the introduction of trust law into the Vietnamese legal framework is presented. Finally, some implications are suggested for perfecting Vietnam’s legal system.

Keywords: Vietnamese case law no 2, trust law, private property management, patrimony

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Authors: Mahdieh Dehghan Nayeri, Hani Arbabi, Seid Pooyan Ghafoori

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Civic crowdfunding- crowdfunding public projects- which goes beyond people management- as a significant part of public projects stakeholders- and requires the active engagement of the public in both the financing and decision-making processes of public projects, is expanding. However, in most countries of the world, no specific legal framework has been approved for governing and managing the implementation of projects through this method. Through a systematic literature review, following the Preferred Reporting Items for Systematic Reviews (PRISMA), this article has studied and discussed the legal issues of civic crowdfunded projects in the countries leading the use of this method, in four themes; one related to the legal environment and three related to three leading players in civic crowdfunded projects include the investor, the platform, and the investee. The review showed that despite the increasing attention to people's engagement in public projects -financial and non-financial- not much scientific research has been done to formulate fully structured legal structures. Finally, neglected areas in research have been discussed as a guide for future research.

Keywords: civic crowdfunding, equity crowdfunding, public projects, legal issues, crowdsourcing

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Authors: Esther Matthews

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This paper looks at ways of translating new metaphors: those conceived and created by authors, which are often called ‘original’ metaphors in the world of Translation Studies. An original metaphor is the most extreme form of figurative language, often dramatic and shocking in effect. It displays unexpected juxtapositions of language, suggesting there could be as many different translations as there are translators. However, some theorists say original metaphors should be translated ‘literally’ or ‘word for word’ as far as possible, suggesting a similarity between translators’ solutions. How do literary translators approach this challenge? This study focuses on Spanish-English translations of a novel full of original metaphors: Nada by Carmen Laforet (1921 – 2004). Original metaphors from the text were compared to the four published English translations by Inez Muñoz, Charles Franklin Payne, Glafyra Ennis, and Edith Grossman. These four translators employed a variety of translation methods, but they translated ‘literally’ in well over half of the original metaphors studied. In a two-part translation exercise and questionnaire, professional literary translators were asked to translate a number of these metaphors. Many different methods were employed, but again, over half of the original metaphors were translated literally. Although this investigation was limited to one author and language pair, it gives a clear indication that, although literary translators’ solutions vary, on the whole, they prefer to translate original metaphors as literally as possible within the confines of English grammar and syntax. It also reveals literary translators’ desire to reproduce the distinctive character of an author’s work as accurately as possible for the target reader.

Keywords: translation, original metaphor, literature, translator training

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Authors: Hsin Lee, Hsuan Lee

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Legal artificial intelligence (LegalAI) has been increasing applications within legal systems, propelled by advancements in natural language processing (NLP). Compared with general documents, legal case documents are typically long text sequences with intrinsic logical structures. Most existing language models have difficulty understanding the long-distance dependencies between different structures. Another unique challenge is that while the Judiciary of Taiwan has released legal judgments from various levels of courts over the years, there remains a significant obstacle in the lack of labeled datasets. This deficiency makes it difficult to train models with strong generalization capabilities, as well as accurately evaluate model performance. To date, models in Taiwan have yet to be specifically trained on judgment data. Given these challenges, this research proposes a Longformer-based pre-trained language model explicitly devised for retrieving similar judgments in Taiwanese legal documents. This model is trained on a self-constructed dataset, which this research has independently labeled to measure judgment similarities, thereby addressing a void left by the lack of an existing labeled dataset for Taiwanese judgments. This research adopts strategies such as early stopping and gradient clipping to prevent overfitting and manage gradient explosion, respectively, thereby enhancing the model's performance. The model in this research is evaluated using both the dataset and the Average Entropy of Offense-charged Clustering (AEOC) metric, which utilizes the notion of similar case scenarios within the same type of legal cases. Our experimental results illustrate our model's significant advancements in handling similarity comparisons within extensive legal judgments. By enabling more efficient retrieval and analysis of legal case documents, our model holds the potential to facilitate legal research, aid legal decision-making, and contribute to the further development of LegalAI in Taiwan.

Keywords: legal artificial intelligence, computation and language, language model, Taiwanese legal cases

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Authors: İbrahim Arslan, Mücahit Ünal

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An important issue to ensure justice is to simplify the right to seek justice. But there is a cost of seeking justice in civil law. It costs at least, attorneys' fees and judicial expenses during the beginning and in case of losing a trial. Indeed, most of the people refrain from seeking justice because of these expenses. Therefore, it is not inappropriate to say that the removal of obstacles staying on the way of seeking justice will increase the belief in justice. Legal expenses insurance is a private law contract of insurance in which the insurer is obliged to pay premiums of the insured, to provide the necessary services for the protection of legal interests of the insured person within the agreed scope. This type of insurance is being practiced in the Western world for a long time. The special rights, duties and obligations of the parties to a legal expenses insurance contract shall be governed by the Turkish Commercial Code (TCC) and the contractual agreements which are regularly closed in the form of general terms and conditions. If the number of the legal expenses insurance contracts concluded increase this will definitely improve the percentage of seeking justice before the courts. The general terms and conditions applicable in Turkey generally include litigation costs, referee fees, guarantee fund , enforcement costs , appeal costs borne decision corrections costs. In addition, besides the insured, other family members or the people specified in the policy are protected in the scope of personal/family legal expenses insurance. The commercial law disputes fall outside the scope of coverage in this insurance branch. The insured person chooses his own lawyer and the insurer is not allowed to give advice during the selection of a lawyer. In April 2015, the Prime Minister announced of a new era in the field of legal expenses insurance in Turkey and this announcement excited the insurance industry and legal community.

Keywords: insurance, in the Turkish law on legal protection insurance, legal protection insurance, legal protection

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Authors: Modupe Beatrice Adeyinka

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European Languages are languages of literature, science and technology. Whereas, African languages are of literature, both written and oral, making it difficult for Yoruba, the African language of Kwa linguistic classification, to neatly and accurately translate European scientific and technological words, expressions and technologies. Unless a pragmatic and communicative approach is adopted, equivalence of European technical and scientific texts might be a mission impossible for Yoruba scholars. In view of the aforementioned difficult task, this paper tends to highlight the need for a thorough study and evaluation of English or French words, expressions, idiomatic expressions, technical and scientific terminologies then, trying to find ways of adopting them to Yoruba environment through interpretative translation.

Keywords: communication, high technology, translation, Yoruba language

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Authors: O. E. Eberechi, G. P. Stevens

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Legal theory has been referred to as the explanation of why things do or do not happen. It also describes situations and why they ensue. It provides a normative framework by which things are regulated and a foundation for the establishment of legal mechanisms/institutions that can bring about a desired change in a society. Furthermore, it offers recommendations in resolving practical problems and describes what the law is, what the law ought to be and defines the legal landscape generally. Some legal theories provide a universal standard, e.g. human rights, while others are capable of organizing and streamlining the collective use, and, by extension, bring order to society. Legal theory is used to explain how the world works and how it does not work. This paper will argue for the application of the principles of legal theory in the achievement of access to justice for female victims of sexual violence in refugee camps in Africa through the analysis of legal theories underpinning the access to justice for these women. It is a known fact that female refugees in camps in Africa often experience some form of sexual violation. The perpetrators of these incidents may never be apprehended, prosecuted, convicted or sentenced. Where prosecution does occur, the perpetrators are either acquitted as a result of poor investigation, inept prosecution, a lack of evidence, or the case may be dismissed owing to tardiness on the part of the prosecutor, which accounts for the culture of impunity in refugee camps. In other words, victims do not have access to the justice that could ameliorate the plight of the victims. There is, thus, a need for a legal framework that will facilitate access to justice for these victims. This paper will start with an introduction, and be followed by the definition of legal theory, its functions and its application in law. Secondly, it will provide a brief explanation of the problems faced by female refugees who are victims of sexual violence in refugee camps in Africa. Thirdly, it will embark on an analysis of theories which will be a help to an understanding of the precarious situation of female refugees, why they are violated, the need for access to justice for these victims, and the principles of legal theory in its usefulness in resolving access to justice for these victims.

Keywords: access to justice, underpinning legal theory, refugee, sexual violence

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Authors: Christine Demaecker

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Many researchers have underlined the importance of metaphors in specialised language. Their use of specific domains helps us understand the conceptualisations used to communicate new ideas or difficult topics. Within the wide area of specialised discourse, wine tasting is a very specific example because it is almost exclusively metaphoric. Wine tasting metaphors express various conceptualisations. They are not linguistic but rather conceptual, as defined by Lakoff & Johnson. They correspond to the linguistic expression of a mental projection from a well-known or more concrete source domain onto the target domain, which is the taste of wine. But unlike most specialised terminologies, the vocabulary is never clearly defined. When metaphorical terms are listed in dictionaries, their definitions remain vague, unclear, and circular. They cannot be replaced by literal linguistic expressions. This makes it impossible to transfer them into another language with the traditional linguistic translation methods. Qualitative research investigates whether wine tasting metaphors could rather be translated with the cognitive translation process, as well described by Nili Mandelblit (1995). The research is based on a corpus compiled from two high-profile wine guides; the Parker’s Wine Buyer’s Guide and its translation into French and the Guide Hachette des Vins and its translation into English. In this small corpus with a total of 68,826 words, 170 metaphoric expressions have been identified in the original English text and 180 in the original French text. They have been selected with the MIPVU Metaphor Identification Procedure developed at the Vrije Universiteit Amsterdam. The selection demonstrates that both languages use the same set of conceptualisations, which are often combined in wine tasting notes, creating conceptual integrations or blends. The comparison of expressions in the source and target texts also demonstrates the use of the cognitive translation approach. In accordance with the principle of relevance, the translation always uses target language conceptualisations, but compared to the original, the highlighting of the projection is often different. Also, when original metaphors are complex with a combination of conceptualisations, at least one element of the original metaphor underlies the target expression. This approach perfectly integrates into Lederer’s interpretative model of translation (2006). In this triangular model, the transfer of conceptualisation could be included at the level of ‘deverbalisation/reverbalisation’, the crucial stage of the model, where the extraction of meaning combines with the encyclopedic background to generate the target text.

Keywords: cognitive translation, conceptual integration, conceptual metaphor, interpretative model of translation, wine tasting metaphor

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Authors: Odoh Ben Uruchi

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Information Technology is an outcome of the nexus between the computer technology and the communication technology which has grown as silver fiber in Nigeria. Information Technology represents the fourth generation of human communication after sight, oral and written communications. The internet, as with all path-breaking technological developments gives us all the ample privileges to act as a global community; advertise and operate across all frontiers; over boarders and beyond the control of any government. The security concerns, computer abuse and the side effects of this technology have moved to the forefront of the consciousness of law enforcement agencies. Unfortunately, Nigeria is one of the very few countries in the world to have not legislated Cyber Laws, although several unsuccessful attempts have been made in recent times at providing the legal framework for regulating the activities in Nigerian cyberspace. Traditional legal systems have led to great difficulty in keeping pace with the rapid growth of the internet and its impact throughout Nigeria. The only existing legal frameworks are constantly being challenged by technological advancement. This has created a need to constantly update and adapt the way in which we organize ourselves as Legal Practitioners in order to maintain overall control of its domestic and national interests. This paper seeks to appraise the challenges facing the legal profession in Nigeria because of want of Cyber Laws. In doing this, the paper shall highlight the loopholes in the existing laws and recommends the way forward.

Keywords: information technology, challenges, legal profession, Nigeria

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Authors: Qihang Jiang

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Fansubbing, the combination of fan and subtitling, is one of the main branches of Audiovisual Translation (AVT) having kindled more and more interest of researchers into the AVT field in recent decades. In particular, the quality of so-called non-professional translation seems questionable due to the non-transparent qualification of subtitlers in a huge community network. This paper attempts to figure out how YYeTs aka 'ZiMuZu', the largest fansubbing group in China, translates swearwords from English to Chinese for its fans of the prevalent American sitcom The Big Bang Theory, taking cultural, social and political elements into account in the context of China. By building a bilingual corpus containing both the source and target texts, this paper found that most of the original swearwords were translated in a toned-down manner, probably due to Chinese audiences’ cultural and social network features as well as the strict censorship under the Chinese government. Additionally, House (2015)’s newly revised model of Translation Quality Assessment (TQA) was applied and examined. Results revealed that most of the subtitled swearwords achieved their pragmatic functions and exerted a communicative effect for audiences. In conclusion, this paper enriches the empirical research concerning House’s new TQA model, gives a full picture of the subtitling of swearwords in AVT field and provides a practical guide for the practitioners in their career of subtitling.

Keywords: corpus-based approach, fansubbing, pragmatic functions, swearwords, translation quality assessment

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Authors: Lung-Lung Hu

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Ronald Dworkin offered a legal theory of ‘chain enterprise’ that all the judges in legal history altogether create a ‘law’ aiming a specific purpose. Those judges are like co-writers of a chain-story who not only create freely but also are constrained by the story made by the judges before them. The law created by Chinese traditional judges is another case, they, compared with the judges mentioned by Ronald Dworkin, have relatively narrower space of making a legal sentence according to their own discretions because the statutes in Chinese traditional law at the very beginning have been designed as panel code that leaves small room to judge’s discretion. Furthermore, because law is a representative of the authority of the government, i.e. the emperor, any misjudges and misuses deviated from the law will be considered as a challenge to the supreme power. However, different from judges as the defenders of law, Chinese litigation masters who want to win legal cases have to be offenders challenging the verdict that does not favor his or his client’s interest. Besides, litigation master as an illegal or non-authorized profession does not belong to any legal system, therefore, they are relatively freer to ‘create’ the law. According to Stanley Fish’s articles that question Ronald Dworkin and Owen Fiss’ ideas about law, he construes that, since law is made of language, law is open to interpretations that cannot be constrained by any rules or any particular legal purposes. Stanley Fish’s idea can also be applied on the analysis about the stories of Chinese litigation masters in traditional Chinese literature. These Chinese litigation masters’ legal opinions in the so-called chain enterprise are like an unexpected episode that tries to revise the fixed story told by law. Although they are not welcome to the officials and also to the society, their existence is still a phenomenon representing another version of justice different from the official’s and can be seen as a de-structural power to the government. Hence, in this present paper the language and strategy applied by Chinese litigation masters in Chinese legal stories will be analysed to see how they refute made legal judgments and challenge the official standard of justice.

Keywords: Chinese legal stories, interdisciplinary, litigation master, post-structuralism

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Authors: Roya Alipour

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The present study concentrates on answering the question of whether there are unintentional differences between genders in the translation of emotive and non-emotive texts, resulting in female translators preferring more expressive words when translating emotive texts in comparison to their male counterparts. The works of four translators, two males and two females, who had translated Fredrik Backman’s novel: A Man Called Ove, from English into Persian were used as samples of the study. To answer the research question, qualitative method was used, and the data were collected by analyzing some words, phrases and sentences as the bases for analysis. It was concluded that although there were obvious differences in word choice in translations, no specific pattern was found that showed gender might affect translation of emotive and non-emotive texts.

Keywords: translation, gender, word choice, translator, A Man Called Ove

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Authors: Erica Lima

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The objective of this paper is to discuss relevant points about teaching translation in Brazilian universities and the possible impacts of blogs and social networks to translator education today. It is intended to analyze the curricula of Brazilian translation courses, contrasting them to information obtained from two social networking groups of great visibility in the area concerning essential characteristics to become a successful profession. Therefore, research has, as its main corpus, a few undergraduate translation programs’ syllabuses, as well as a few postings on social networks groups that specifically share professional opinions regarding the necessity for a translator to obtain a degree in translation to practice the profession. To a certain extent, such comments and their corresponding responses lead to the propagation of discourses which influence the ideas that aspiring translators and recent graduates end up having towards themselves and their undergraduate courses. The postings also show that many professionals do not have a clear position regarding the translator education; while refuting it, they also encourage “free” courses. It is thus observed that cyberspace constitutes, on the one hand, a place of mobilization of people in defense of similar ideas. However, on the other hand, it embodies a place of tension and conflict, in view of the fact that there are many participants and, as in any other situation of interlocution, disagreements may arise. From the postings, aspects related to professionalism were analyzed (including discussions about regulation), as well as questions about the classic dichotomies: theory/practice; art/technique; self-education/academic training. As partial result, the common interest regarding the valorization of the profession could be mentioned, although there is no consensus on the essential characteristics to be a good translator. It was also possible to observe that the set of socially constructed representations in the group reflects characteristics of the world situation of the translation courses (especially in some European countries and in the United States), which, in the first instance, does not accurately reflect the Brazilian idiosyncrasies of the area.

Keywords: cyberspace, teaching translation, translator education, university

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Authors: Aicha Zohbie

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The purpose of this paper is to critically compare two teaching methods: the communicative method and the grammar-translation method. The paper presents the importance of language awareness as an approach to teaching and learning language and some challenges that language teachers face. In addition, the paper strives to determine whether the adoption of communicative teaching methods or the grammar teaching method would be more effective to teach a language. A variety of features are considered for comparing the two methods: the purpose of each method, techniques used, teachers’ and students’ roles, the use of L1, the skills that are emphasized, the correction of students’ errors, and the students’ assessments. Finally, the paper includes suggestions and recommendations for implementing an approach that best meets the students’ needs in a classroom.

Keywords: language teaching methods, language awareness, communicative method grammar translation method, advantages and disadvantages

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Authors: E. N. R. de Silva

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The main purpose of this research is to set a policy framework for establishing a legal, institutional and social infrastructure that enhances the welfare, health, safety and economic interest of the consumers in Sri Lanka. It will help to develop an approach to continuously and successfully advocate for a consumer protection legal reform agenda and also it is significant as it gives directions to create national consumer protection associations in Sri Lanka. The methodology adopted for this research is purely a qualitative approach and it is generally and specifically categorized. Generally, part of this research looked at the existing laws, regulations and how effective they are in order to protect consumers. It will analyze the consumer protection framework and specially, consumer protection enhanced by the public organizations in Japan. This research offers a model with methods and legal instruments to enforce advocacy group to enhance consumer welfare, also brings out reforms to be made in the national legal framework on consumer welfare.

Keywords: consumer protection association, consumer protection law, consumer welfare, legal framework

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Authors: Pardis Moslemzadeh Tehrani, Nazura Abdul Manap, Hamed Ladoni Damghani, Rohimi Bin Shapiee

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In recent years the speed of new technology has brought forth so many new issues. Cyberspace is among the new technologies that need novel ways to address the various issues that have arisen. While cyberspace is a technical notion that defies a single definition, this new technology requires the adoption and application of new laws. In order to manage issues arising from the existence of cyberspace, proper policies and definitions must be formulated which satisfy both technical and legal aspects. One difficulty in this regard is due to the unique features of cyberspace architecture. This article proposes to define cyberspace and cyber terrorism. This will allow for a more effective and comprehensive addressing of legal issues as they can then be handled better by introducing a new factor to the otherwise ordinary analysis in whichever field is implicated such as the nature and place of use.

Keywords: cyberspace, cyber terrorism, technical definition, legal definition

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Authors: Nune Ayvazyan

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Since the proclamation of monolingual foreign-language learning methods (the Berlitz Method in the early 20ᵗʰ century and the like), the dilemma has been to allow or not to allow learners’ mother tongue in the foreign-language learning process. The reason for not allowing learners’ mother tongue is reported to create a situation of immersion where students will only use the target language. It could be argued that this artificial monolingual situation is defective, mainly because there are very few real monolingual situations in the society. This is mainly due to the fact that societies are nowadays increasingly multilingual as plurilingual speakers are the norm rather than an exception. More recently, the use of learners’ mother tongue and translation has been put under the spotlight as valid foreign-language teaching tools. The logic dictates that if learners were permitted to use their mother tongue in the foreign-language learning process, that would not only be natural, but also would give them additional means of participation in class, which could eventually lead to learning. For example, when learners’ metalinguistic skills are poor in the target language, a question they might have could be asked in their mother tongue. Otherwise, that question might be left unasked. Attempts at empirically testing the role of translation as a didactic tool in foreign-language teaching are still very scant. In order to fill this void, this study looks into the interaction patterns between students in two kinds of English-learning classes: one with translation and the other in English only (immersion). The experiment was carried out with 61 students enrolled in a second-year university subject in English grammar in Spain. All the students underwent the two treatments, classes with translation and in English only, in order to see how they interacted under the different conditions. The analysis centered on four categories of interaction: teacher talk, teacher-initiated student interaction, student-initiated student-to-teacher interaction, and student-to-student interaction. Also, pre-experiment and post-experiment questionnaires and individual interviews gathered information about the students’ attitudes to translation. The findings show that translation elicited more student-initiated interaction than did the English-only classes, while the difference in teacher-initiated interactional turns was not statistically significant. Also, student-initiated participation was higher in comprehension-based activities (into L1) as opposed to production-based activities (into L2). As evidenced by the questionnaires, the students’ attitudes to translation were initially positive and mainly did not vary as a result of the experiment.

Keywords: foreign language, learning, mother tongue, translation

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Authors: Yi Gu

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The Three-Body Problem by Cixin Liu has been a bestseller Chinese Sci-Fi novel for years since 2008. The book was translated into English by Ken Liu in 2014 and won the prestigious 2015 science fiction and fantasy writing Hugo Award, drawing greater attention from wider international communities. The story exposes the horrors of the Chinese Cultural Revolution in the 1960s, in an intriguing narrative for readers at home and abroad. However, without the access to the source text, western readers may not be aware that the original Chinese version of the book is rich in gender-bias. Some Chinese scholars have applied feminist translation theories to their analysis on this book before, based on isolated selected, cherry-picking examples. Thus this paper aims to obtain a more thorough picture of how translators can cope with gender discrimination and reshape the gendered discourse from the source text, by systematically investigating the lexical and syntactic patterns in the translation of Liu’s entire book of 400 pages. The source text and the translation were downloaded into digital files, automatically aligned at paragraph level and then manually post-edited. They were then compiled into a parallel corpus of 114,629 English words and 204,145 Chinese characters using Sketch Engine. Gender-discrimination markers such as the overuse of ‘girl’ to describe an adult woman were searched in the source text, and the alignment made it possible to identify the strategies adopted by the translator to mitigate gender discrimination. The results provide a framework for translators to address gender bias. The study also shows how corpus methods can be used to further research in feminist translation and critical discourse analysis.

Keywords: corpus, discourse analysis, feminist translation, science fiction translation

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Authors: Edwin Njoroge Kimani, Alan M. Munyao

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Despite Kenya’s status as a regional economic powerhouse, it struggles with economic shocks that expose the consumers. This, however, seems not to affect major cooperates such as those in the telecommunication and energy sectors. Through their operations, they have not only been able to fluctuate prices at will but also they have been accused of curtailing their rivals from penetrating the market. This study, through literature review of the legal and institutional framework, reports and publications interrogates the law and uncovers the following; i) failings of the legal framework to define market dominance and abuse of such positions, ii) the participation of the state, iii) the inertia of the government to prosecute corporations that abuse their market dominance, iv) the role of the state as a market player and as a regulator through the Competition Authority of Kenya. This study concludes that the market distortion is as a result of weak legal and institutional framework as well as conflict of interest by the government. Not much has been researched in the field of competition law the greater East Africa. This research is intended to form part of the growing research in the field and inform legal reform.

Keywords: competition law, economic power, dominance, Kenya

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Authors: G. A. Kuanaliyeva, G. T. Aigarinova, G. K. Shulanbekova

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This article is devoted to judicial control in criminal legal proceedings of the Republic of Kazakhstan in the light of the new Concept of legal policy till 2020. In article the general characteristic and concept of judicial control, and also its signs and types are considered. Different views of scientists are analyzed. Foreign experiment on application of judicial control is given. The author states also the point sight on this problem and gives the definition to concept of judicial control. The code of criminal procedure of the Republic of Kazakhstan (RK Criminal Procedure Code) doesn't consolidate concept of judicial control. The author in article suggests making change and addition to the existing Code of criminal procedure of the Republic of Kazakhstan by definition of judicial control. The decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858 approved the Concept of legal policy of the Republic for the period from 2010 to 2020. The new Concept of legal policy of the Republic of Kazakhstan, defines prospects of development of national legal system of the country on the following decade. The concept of legal policy completely mentions also institute of judicial control. Since finding of the independence by Kazakhstan the set of laws, including the rights directed on providing, freedoms and a legitimate interest of citizens was accepted. Certainly, in any country, whatever democratic it was, there are problems to human rights. However, it is obvious that Kazakhstan strongly intends to guarantee all Republic of Kazakhstan proclaimed in the Constitution the rights and freedoms of the citizens. Our country seeks for creation of the constitutional state, tries to provide a guarantee from various arbitrariness in activity of competent government bodies, officials. In the concept of legal policy of the Republic of Kazakhstan it is specified: "...priority of development of the criminal procedure right there is a further consecutive realization of the fundamental principles of the criminal legal proceedings directed on protection of the rights and freedoms of the person". Judicial control just also is such guarantee.

Keywords: rights and freedoms of the person, concept, legal policy, court, judicial control

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Authors: Saad Saeed Althiabi

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This paper discusses the corporate positioning and how it became popular as a way to systematize production because of the unique manner in which incorporation legalized organizers to secure financial capital through locking it in. The power to lock in capital comes from the fact that a corporate exists as a separate legal entity, whose survival and governance are separated from any of its participants. The law essentially creates a different legal person when a corporation is created. Although this idea has been played down in the legal learning of the last decades in favor of the view that a corporation is purely something through which natural persons interrelate, recent legal research has begun to reassess the importance of entity status. Entity status, under the law and the related separation of governance from input of financial capital through the configuration of a corporation, sanctioned corporate participants to do somewhat more than connect in a series of business transactions.

Keywords: corporate law, entity status, locking in capital, financial capital

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Authors: Elaine Y. L. Ng

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Elizabeth Gilbert’s (2006) biography Eat, Pray, Love describes her travels to Italy, India, and Indonesia after a painful divorce. The author’s experiences with love, loss, search for happiness, and meaning have resonated with a huge readership. As regards the translation of Gilbert’s (2006) Eat, Pray, Love into Chinese, it was first translated by a Taiwanese translator He Pei-Hua and published in Taiwan in 2007 by Make Boluo Wenhua Chubanshe with the fairly catching title “Enjoy! Traveling Alone.” The same translation was translocated to China, republished in simplified Chinese characters by Shanxi Shifan Daxue Chubanshe in 2008 and renamed in China, entitled “To Be a Girl for the Whole Life.” Later on, the same translation in simplified Chinese characters was reprinted by Hunan Wenyi Chubanshe in 2013. This study employs Munday’s (2002) systemic model for descriptive translation studies to investigate the translation of Gilbert’s (2006) Eat, Pray, Love into Chinese by the Taiwanese translator Hu Pei-Hua. It employs an interdisciplinary approach, combining systemic functional linguistics and corpus stylistics with sociohistorical research within a descriptive framework to study the translator’s discursive presence in the text. The research consists of three phases. The first phase is to locate the target text within its socio-cultural context. The target-text context concerning the para-texts, readers’ responses, and the publishers’ orientation will be explored. The second phase is to compare the source text and the target text for the categorization of translation shifts by using the methodological tools of systemic functional linguistics and corpus stylistics. The investigation concerns the rendering of mental clauses and speech and thought presentation. The final phase is an explanation of the causes of translation shifts. The linguistic findings are related to the extra-textual information collected in an effort to ascertain the motivations behind the translator’s choices. There exist sets of possible factors that may have contributed to shaping the textual features of the given translation within a specific socio-cultural context. The study finds that the translator generally reproduces the mental clauses and speech and thought presentation closely according to the original. Nevertheless, the language of the translation has been widely criticized to be unidiomatic and stiff, losing the elegance of the original. In addition, the several Chinese translations of the given text produced by one Taiwanese and two Chinese publishers are basically the same. They are repackaged slightly differently, mainly with the change of the book cover and its captions for each version. By relating the textual findings to the extra-textual data of the study, it is argued that the popularity of the Chinese translation of Gilbert’s (2006) Eat, Pray, Love may not be attributed to the quality of the translation. Instead, it may have to do with the way the work is promoted strategically by the social media manipulated by the four e-bookstores promoting and selling the book online in China.

Keywords: chinese translation of eat pray love, corpus stylistics, motivations for translation shifts, systemic approach to translation studies

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Authors: Athari Farhani

Abstract:

Abstract The existence of space debris is a direct implication of human activities in outer space. The amount of orbital debris resulting from human exploration and use of outer space has been steadily increasing in the history of human exploration and use of outer space, so that space debris in the responsibility of the launching state. Space debris not only hs a direct impact on environmentalpollution but can also harm and endanger the safety of human life. Despite the legal provisions governing the exploration and use of outer space, both international space law and liability convention, however, these legal provisions are only basic prinsiples, so that further thought or effort are needed, such as new international legal instruments to regulate the existence of space debris. The method used in this research is normative juridical with an approach to written legal regulation, especially international agreements related to space law.

Keywords: state’s responsibility, space debris, outerspace, international law

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Authors: Mohammad Yousef

Abstract:

The issue of targeted killing has become a part of modern international law topics, as its spread has been accompanied by the technological development of weapons and military equipment, especially armed drones. Until now, there is no specific definition or legal framework for targeted killing in international law, and the issue of its compatibility with international law is still subject to debate and controversy. The case of the targeted killing of General Qassem Soleimani sparked waves of reactions and discussions between legal scholars and US officials in an argument about the legality of killing him in the light of international law rules and US domestic law. This paper firstly discusses the legality of targeted killing in international law and US domestic law; after that, it studies the legal bases and the legal system that governs these operations, while in the second section, it sheds light on the case of Soleimani’s targeted killing in light of international law and US domestic law, by examining the different views of jurists in this regard.

Keywords: targeted killing, international law, US domestic law, Qassem Soleimani

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Authors: Kohei Shimasaki, Tomoaki Okamura, Idaku Ishii

Abstract:

We propose a vibration imaging method for high frame rate (HFR)-video-based localization of vibrating objects with large translations. When the ratio of the translation speed of a target to its vibration frequency is large, obtaining its frequency response in image intensities becomes difficult because one or no waves are observable at the same pixel. Our method can precisely localize moving objects with vibration by virtually translating multiple image sequences for pixel-level short-time Fourier transform to observe multiple waves at the same pixel. The effectiveness of the proposed method is demonstrated by analyzing several HFR videos of flying insects in real scenarios.

Keywords: HFR video analysis, pixel-level vibration source localization, short-time Fourier transform, virtual translation

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Authors: Ali Algryani

Abstract:

Ellipsis involves the omission of an item or items that can be recovered from the preceding clause. Ellipsis is used as a cohesion marker; it enhances the cohesiveness of a text/discourse as a clause is interpretable only through making reference to an antecedent clause. The present study attempts to investigate the linguistic phenomenon of ellipsis from a translation perspective. It is mainly concerned with how ellipsis is translated from English into Arabic. The study covers different forms of ellipsis, such as noun phrase ellipsis, verb phrase ellipsis, gapping, pseudo-gapping, stripping, and sluicing. The primary aim of the study, apart from discussing the use and function of ellipsis, is to find out how such ellipsis phenomena are dealt with in English-Arabic translation and determine the implications of the translations of elliptical structures into Arabic. The study is based on the analysis of Dhofar University (DU) students' translations of sentences containing different forms of ellipsis. The initial findings of the study indicate that due to differences in syntactic structures and stylistic preferences between English and Arabic, Arabic tends to use lexical repetition in the translation of some elliptical structures, thus achieving a higher level of explicitness. This implies that Arabic tends to prefer lexical repetition to create cohesion more than English does. Furthermore, the study also reveals that the improper translation of ellipsis leads to interpretations different from those understood from the source text. Such mistranslations can be attributed to student translators’ lack of awareness of the use and function of ellipsis as well as the stylistic preferences of both languages. This has pedagogical implications on the teaching and training of translation students at DU. Students' linguistic competence needs to be enhanced through teaching linguistics-related issues with reference to translation and both languages, .i.e. source and target languages and with special emphasis on their use, function and stylistic preferences.

Keywords: cohesion, ellipsis, explicitness, lexical repetition

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Authors: Maria Ilyushkina

Abstract:

The article addresses the problem of translating vocative texts with intertextual references and describes the influence of language on how knowledge and meaning are developed in the field of advertising. The starting point of the article takes advertisements from the sphere of tourism and the way we choose, translate, and interpret intertexts. The article focuses on the perception and understanding of the information in printed texts advertising recreational facilities and services for tourists as the target audience by representatives of other cultures and the knowledge intertexts convey. The authors argue that intertextuality complicates translation leading to knowledge asymmetries. Studying typical communicative failures is considered to be of great importance, allowing for improvement in the practice of translation in the sphere of advertising as well as preventing the fallacious transfer of knowledge when translating foreign intertexts.

Keywords: advertising, translation, intertext, Russian culture, knowledge asymmetries, tourism, vocative texts

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Authors: Bahia Braktia, Ahlem Ghamri

Abstract:

Years ago, faculties and administrators realized that students entering college were not prepared for the academic sphere; however, as a type of collaborative learning, peer-review gave students a social context in which they could learn more efficiently. Peer-review has proven its effectiveness in higher education. Numerous studies have been conducted on peer review and its effects on the quality of students’ writing, and several publications recommended peer-review as part of the feedback process. Student writers showed a tendency towards making significant meaning-level revisions and surface-level revisions. Last but not least, studies reported that peer-review helps students develop their self-assessment skills as well as critical thinking. The use of peer-review has become well known and widely adopted to the L2 classroom environment. However, little is known about peer review on translation students. The purpose of this study was to investigate the students' perspective on peer-review, and whether this method affected the quality of their translation. A mixed method design was adopted. Students were requested to translate two texts from Arabic into English, and they gave and received structured feedback to their classmates' translations. A survey was administered, followed by semi-structured interviews, to examine the students' attitudes toward peer-review. The results of the study showed that peer-review was considered a good proofreading method for most students. The students also showed a positive attitude toward it, and they reported that they benefited from the interaction with their peers. The findings implied that the inclusion of peer-review can be an effective pedagogical practice for teaching translation and writing to foreign language learners.

Keywords: language teaching, feedback, peer-review, translation

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