Search results for: John D. Hague
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 640

Search results for: John D. Hague

640 Habitual Residence and the Hague Convention on the Civil Aspects of Child Abduction

Authors: Molshree A. Sharma

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As a result of globalization, it is increasingly common for people to live in different parts of the world. However there is a corresponding rise of international family law issues and competing jurisdictions. The Hague Convention on the Civil Aspects of Child Abduction is a multilateral treaty that provides an expeditious method to return a child to their country of habitual residence when ‘internationally abducted’ by a parent from one member country to another. Specifically, the Convention provides a protocol for expeditious return of the child to their habitual residence unless there is a valid exception, the most common being that return would result in an intolerable situation or cause grave risk of harm to the child. This paper analyzes case law from various signatory countries including the United States, highlighting the differences in interpretation of key terms under the Convention, as well as case law in non-Hague signatory countries, with a focus on India and the Middle East.

Keywords: best interest of the child, grave risk of harm, habitual residence, well-settled

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639 Discovering Social Entrepreneurship: A Qualitative Study on Stimulants and Obstacles for Social Entrepreneurs in the Hague

Authors: Loes Nijskens

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The city of The Hague is coping with several social issues: high unemployment rates, segregation and environmental pollution. The amount of social enterprises in The Hague that want to tackle these issues is increasing, but no clear image exists of the stimulants and obstacles social entrepreneurs encounter. In this qualitative study 20 starting and established social entrepreneurs, investors and stimulators of social entrepreneurship have been interviewed. The findings indicate that the majority of entrepreneurs situated in The Hague focuses on creating jobs (the so called social nurturers) and diminishing food waste. Moreover, the study found smaller groups of social connectors, (who focus on stimulating the social cohesion in the city) and social traders (who create a market for products from developing countries). For the social nurturers, working together with local government to find people with a distance to the labour market is a challenge. The entrepreneurs are missing a governance approach within the local government, wherein space is provided to develop suitable legislation and projects in cooperation with several stakeholders in order to diminish social problems. All entrepreneurs in the sample face(d) the challenge of having a clear purpose of their business in the beginning. Starting social entrepreneurs tend to be idealistic without having defined a business model. Without a defined business model it is difficult to find proper funding for their business. The more advanced enterprises cope with the challenge of measuring social impact. The larger they grow, the more they have to ‘defend’ themselves towards the local government and their customers, of mainly being social. Hence, the more experienced social nurturers still find it difficult to work together with the local government. They tend to settle their business in other municipalities, where they find more effective public-private partnerships. Al this said, the eco-system for social enterprises in The Hague is on the rise. To stimulate the amount and growth of social enterprises the cooperation between entrepreneurs and local government, the developing of social business models and measuring of impact needs more attention.

Keywords: obstacles, social enterprises, stimulants, the Hague

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638 The Recognition of Exclusive Choice of Court Agreements: United Arab Emirates Perspective and the 2005 Hague Convention on Choice of Court Agreements

Authors: Hasan Alrashid

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The 2005 Hague Convention seeks to ensure legal certainty and predictability between parties in international business transactions. It harmonies exclusive choice of court agreements at the international level between parties to commercial transactions and to govern the recognition and enforcement of judgments resulting from proceedings based on such agreements to promote international trade and investment. Although the choice of court agreements is significant in international business transactions, the United Arab Emirates refuse to recognise it by Article 24 of the Federal Law No. 11 of 1992 of the Civil Procedure Code. A review of judicial judgments in United Arab Emirates up to the present day has revealed that several cases appeared before the Court in different states of United Arab Emirates regarding the recognition of exclusive choice of court agreements. In all the cases, the courts regarded the exclusive choice of court agreements as a direct assault on state authority and sovereignty and refused categorically to recognize choice of court agreements by refusing to stay proceedings in favor of the foreign chosen court. This has created uncertainty and unpredictability in international business transaction in the United Arab Emirates. In June 2011, the first Gulf Judicial Seminar on Cross-Frontier Legal Cooperation in Civil and Commercial Matters was held in Doha, Qatar. The Permanent Bureau of the Hague Conference attended the conference and invited the states of the Gulf Cooperation Council (GCC) namely, The United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait to adopt some of the Hague Conventions, one of which was the Hague Convention on Choice of Court Agreements. One of the recommendations of the conference was that the GCC states should research ‘the benefits of predictability and legal certainty provided by the 2005 Convention on Choice of Court Agreements and its resulting advantages for cross-border trade and investment’ for possible adoption of the Hague Convention. Up to today, no further step has been taken by the any of the GCC states to adapt the Hague Convention nor did they conduct research on the benefits of predictability and legal certainty in international business transactions. This paper will argue that the approach regarding the recognition of choice of court agreements in United Arab Emirates states can be improved in order to help the parties in international business transactions avoid parallel litigation and ensure legal certainty and predictability. The focus will be the uncertainty and gaps regarding the choice of court agreements in the United Arab Emirates states. The Hague Convention on choice of court agreements and the importance of harmonisation of the rules of choice of court agreements at international level will also be discussed. Finally, The feasibility and desirability of recognizing choice of court agreements in United Arab Emirates legal system by becoming a party to the Hague Convention will be evaluated.

Keywords: choice of court agreements, party autonomy, public authority, sovereignty

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637 A Psycholinguistic Analysis of John Nash’s Hallucinations as Represented in the Film “A Beautiful Mind”

Authors: Rizkia Shafarini

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The film A Beautiful Mind explores hallucination in this study. A Beautiful Mind depicts the tale of John Nash, a university student who dislikes studying in class or prefers to study alone. Throughout his life, John Nash has hallucinated, or what is known as schizophrenia, as depicted in the film A Beautiful Mind. The goal of this study was to figure out what hallucinations were, what caused them, and how John Nash managed his hallucinations. In general, this study examines the link between language and mind, or the linguistic relationship portrayed in John Nash's character's speech, as evidenced by his conduct. This study takes a psycholinguistic approach to data analysis by employing qualitative methodologies. Data sources include talks and scenes from the film A Beautiful Mind. Hearing, seeing, and feeling are the scientific results of John Nash's hallucinations in the film A Beautiful Mind. Second, dreams, aspirations, and sickness are the sources of John Nash's hallucinations. Third, John Nash's method of managing hallucinations is to see a doctor without medical or distracting assistance.

Keywords: A Beautiful Mind, hallucination, psycholinguistic, John Nash

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636 The Hague Abduction Convention and the Egyptian Position: Strategizing for a Law Reform

Authors: Abdalla Ahmed Abdrabou Emam Eldeib

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For more than a century, the Hague Conference has tackled issues in the most challenging areas of private international law, including family law. Its actions in the realm of international child abduction have been remarkable in two ways during the last two decades. First, on October 25, 1980, the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) was promulgated as an unusually inventive and powerful tool. Second, the Convention is rapidly becoming more prominent in the development of international child law. By that time, overseas travel had grown more convenient, and more couples were marrying or travelling across national lines. At the same time, parental separation and divorce have increased, leading to an increase in international child custody battles. The convention they drafted avoids legal quagmires and addresses extra-legal issues well. It literally restores the kid to its place of usual residence by establishing that the youngster was unlawfully abducted from that position or, alternatively, was wrongfully kept abroad after an allowed visit. Legal custody of a child of a contested parent is usually followed by the child's abduction or unlawful relocation to another country by the non-custodial parent or other persons. If a child's custodial parent lives outside of Egypt, the youngster may be kidnapped and brought to Egypt. It's natural to ask what laws should apply and what legal norms should be followed while hearing individual instances. This study comprehensively evaluates and estimates the relevant Hague Child Abduction Convention and the current situation in Egypt and which law is applicable for child custody. In addition, this research emphasis, detail, and focus on the position of Cross-border parental child abductions in Egypt. Moreover, examine the Islamic law compared to the Hague Convention on Child Custody in detail, as well as mentioning the treatment of Islamic countries in this matter in general and Egypt's treatment of this matter in particular, as well as the criticism directed at Egypt regarding the application and implementation of child custody issues. The present research backs up this method by using non-doctrinal techniques, including surveys, interviews, and dialogues. An important objective of this research is to examine the factors that contribute to parental child abduction. In this case, family court attorneys and other interested parties serve as the target audience from whom data is collected. A survey questionnaire was developed and sent to the target population in order to collect data for future empirical testing to validate the identified critical factors on Parental Child Abduction. The main finding in this study is breaking the reservations of many Muslim countries to join the Hague Convention with regard to child custody., Likewise, clarify the problems of implementation in practice in cases of kidnapping a child from one of the parents and traveling with him outside the borders of the country. Finally, this study is to provide suggestions for reforming the current Egyptian Family Law to make it an effective and efficient for all dispute's resolution mechanism and the possibility of joining The Hague Convention.

Keywords: egyptian family law, Hague child abduction convention, child custody, cross-border parental child abductions in egypt

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635 Spectral Anomaly Detection and Clustering in Radiological Search

Authors: Thomas L. McCullough, John D. Hague, Marylesa M. Howard, Matthew K. Kiser, Michael A. Mazur, Lance K. McLean, Johanna L. Turk

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Radiological search and mapping depends on the successful recognition of anomalies in large data sets which contain varied and dynamic backgrounds. We present a new algorithmic approach for real-time anomaly detection which is resistant to common detector imperfections, avoids the limitations of a source template library and provides immediate, and easily interpretable, user feedback. This algorithm is based on a continuous wavelet transform for variance reduction and evaluates the deviation between a foreground measurement and a local background expectation using methods from linear algebra. We also present a technique for recognizing and visualizing spectrally similar clusters of data. This technique uses Laplacian Eigenmap Manifold Learning to perform dimensional reduction which preserves the geometric "closeness" of the data while maintaining sensitivity to outlying data. We illustrate the utility of both techniques on real-world data sets.

Keywords: radiological search, radiological mapping, radioactivity, radiation protection

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634 Gabriel Mtsire’s "The Golden Spring" and Its Primary Sources, Textual and Content Changes Based on Cultural Development in the Context of the 4th-20th Centuries

Authors: Georgi Kalandadze

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For studying the development of world civilizations, textual sources that have undergone textological and worldview changes are of great importance. The conference will discuss the collection of the XVIII century "The Golden Spring", compiled by Gabriel Mtsire, which includes texts of John Chrysostom. John Chrysostom lived in the 4th century and his writings correspond to the culture of readers of that time. In the 10th-11th centuries, the works of John Chrysostom were translated into Georgian by Euthymius of Athos. These texts correspond to the requirements of the Georgian society of the 10th-11th centuries. In the 18th century, Gabriel Mtsire collected and edited these texts to make them more understandable to his modern readers. In the 20th century, these texts were again adapted. Thus, the present study provides an opportunity to evaluate and outline the linguistic and content transformation process of the same work over 16 centuries.

Keywords: gabriel mtsire, john chrysostom, euthymius the athonite, the golden spring

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633 When Talk Is the Cure for the Morning After: Talking Therapy in Conor Mcpherson’s Dublin Carol and Shining City

Authors: Maha Hamoud Alatawi

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Drawing on the work of John McLeod and Ariel Watson, this paper explains the relationship between narrative and psychotherapy in two plays by the Irish playwright Conor McPherson. Dublin Carol presents John’s chequered past through his reminiscences of alcohol addiction and Shining City tells the story of John who is haunted by the ghost of his wife, recently died in a car accident, and who seeks the help of Ian, a therapist. At first, the significance of storytelling as an integral part of Irish culture is highlighted. Such a tradition features prominently in contemporary Irish drama. The paper concludes that it is the power of narrative and its therapeutic impact and not the act of psychotherapy and treatment which brings signs of change to characters’ lives.

Keywords: Conor McPherson, drama, psychotherapy, storytelling

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632 An East-West Trans-Cultural Study: Zen Enlightenment in Asian and John Cage's Visual Arts

Authors: Yu-Shun Elisa Pong

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American composer John Cage (1912-1992) is an influential figure in musical, visual and performing arts after World War II and has also been claimed as a forerunner of the western avant-garde in the artistic field. However, the crucial factors contributed to his highly acclaimed achievements include the Zen enlightenment, which he mainly got from Japanese Zen master D. T. Suzuki (1870-1966). As a kind of reflection and afterthought of the Zen inspiration, John Cage created various forms of arts in which visual arts have recently attracted more and more attention and discussion, especially from the perspectives of Zen. John Cage had started to create visual art works since he was 66 years old and the activity had lasted until his death. The quality and quantity of the works are worthy of in-depth study— the 667 pieces of print, 114 pieces of water color, and about 150 pieces of sketch. Cage’s stylistic changes during the 14 years of creation are quite obvious, and the Zen elements in the later works seem to be omnipresent. Based on comparative artistic study, a historical and conceptual view of Zen art that was formed initially in the traditional Chinese and Japanese visual arts will be discussed. Then, Chinese and Japanese representative Zen works will be mentioned, and the technique aspect, as well as stylistic analysis, will be revealed. Finally, a comprehensive comparison of the original Oriental Zen works with John Cage’s works and focus on the influence, and art transformation will be addressed. The master pieces from Zen tradition by Chinese artists like Liang Kai (d. 1210) and Ma Yuan (1160-1225) from Southern Sung Dynasty, the Japanese artists like Sesshū (1420-1506), Miyamoto Musashi (1584-1645) and some others would be discussed. In the current study, these art works from different periods of historical development in Zen will serve as the basis of analogy, interpretation, and criticism to Cage's visual art works. Through the perspectives of the Zen authenticity from Asia, we see how John Cage appropriated the eastern culture to his innovation, which changed the art world forever. And it is believed that through a transition from inter-, cross-, toward trans-cultural inspiration, John Cage set up a unique pathway of art innovations.

Keywords: John Cage, Chinese Zen art, Japanese Zen art, visual art

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631 Plant as an Alternative for Anti Depressant Drugs St John's Wort

Authors: Mahdi Akhbardeh

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St John's wort plant can help to treat depression disease through decreasing this disease symptom, due to having some similar features of Prozac (Fluoxetine Hcl) pill. People suffering from slight depression who have fear of using antidepressants side effects can use St John's wort drops under doctor observation. This method of treatment is proposed specially to those women who are spending menopause or depression resulted from this period. St John's wort plant have proposed traditional and plant medicine as newest researches in treating mood disorders compared to Prozac (Fluoxetine Hcl) drug in treating depression disease which is being administrated in clinic research center of Washington. Objective: the aim of this study is to find an alternative treatment method in people suffering from depression which are treated with Prozac (Fluoxetine Hcl). Almost 70 percent of treatment failures with Prozac (Fluoxetine Hcl) drug in patients suffering from slight to normal depression is due to intensive side effects including: decrease in blood pressure, reduce in sexual desire and 30 percent of it is due to this drug affectless in treatment procedure which leads to leaving treatment. Results of Hypercuim plant function are exactly similar to antidepressants. Increase in serotonin amount in brain synopsis terminal end causes increase in existence time of this material in this part. In fact these two drugs have similar function. Though side effects of Hypercuim plant(St John's wort) including headache and slight nausea tolerable. Results: St John's wort plant can be used lonely in slight to normal depressions in which patients are avoiding Prozac (Fluoxetine Hcl) drug due to it's side effects. In intensive depressions through which general patients don’t indicate positive response to drug, it is probably expected relative or even complete treatment through combining antidepressants drugs with this plant. This treatment method has been investigated and confirmed in clinical tests and researches.

Keywords: depression, St John's wort, Prozac, antidepressant

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630 Inter-Country Parental Child Removal and Subsequent Custody Disputes in India: Need for Legislative Reforms

Authors: Pritam Kumar Ghosh

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The phenomenon of inter-country parental child removal and the protection of children against removal from lawful custody by their own parents has been a major issue over the last five decades. This occurs when parents take away their children during pending divorce and custody proceedings or in violation of pre-existing foreign or Indian custody orders through which they may have obtained visitation rights only after divorce but not permanent custody. Even though considerable efforts have been made by the Indian judiciary to resolve the issue, a lot is still left to be desired. A study of the spate of judicial decisions on the issue since 1970 reveals that judges have attempted to resolve the issue mainly through the application of the existing personal law regime and the principle of the best interest of the child. This has made the position of law extremely confusing. The existing precedential jurisprudence contains a wide variety of custody orders in the name of enforcement of the paramount consideration of the best interest and welfare of children. The problem is aggravated by the fact that India has decided not to accede to the Hague Abduction Convention of 1980, which is the main international instrument combating the issue. In this context, the paper discusses the reasons behind the rising instances of inter-country parental child removals. It then goes on to analyze the existing jurisprudence of international child custody disputes in India, which have come before courts post-removal of children from lawful custody. The paper concludes by suggesting essential reforms in the existing Indian legal framework governing the issue. In the process, the paper proposes new legislation for India governing inter-country parental child removals and subsequent custody disputes. The possible structure and content of this new law shall also be outlined as a part of the paper.

Keywords: custody, dispute, child removal, Hague convention

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629 John Cunningham Virus Interaction with Multiple Sclerosis Disease Progression

Authors: Sina Mahdavi

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Background and Objective: Multiple sclerosis (MS) is the most common inflammatory autoimmune disease of the central nervous system (CNS) that affects the myelination process in the CNS. Complex interactions of various "environmental or infectious" factors may act as triggers in autoimmunity and disease progression. The association between viral infections, especially the John Cunningham virus (JCV) and MS is one potential cause that is not well understood. This study aims to summarize the available data on JCV infection in MS disease progression. Materials and Methods: For this study, the keywords "Multiple sclerosis", " John Cunningham virus ", and "central nervous system" in the databases PubMed, Google Scholar, Sid, and MagIran between 2019 and 2022 were searched, and 12 articles were chosen, studied, and analyzed. Results: MS patients are candidates for natalizumab therapy, which inhibits lymphocyte migration and increases the risk of progressive multifocal leukoencephalopathy (PML), a rare lytic infection of glial cells caused by JCV. Oligodendrocytes may be the target of JCV infection in the central nervous system (CNS). Conclusion: There is a high expression of JCV during the natalizumab treatment period for MS patients, suggesting that the virus may play a role in the development of MS by inducing an inflammatory state. Therefore, it is necessary to evaluate anti-JCV antibody serum as an important risk factor for the development of PML before deciding on the treatment course for these patients.

Keywords: multiple sclerosis, John Cunningham virus, central nervous system, autoimmunity

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628 Eliminating Arm, Neck and Leg Fatigue of United Asia International Plastics Corporation Workers through Rapid Entire Body Assessment

Authors: John Cheferson R. De Belen, John Paul G. Elizares, Ronald John G. Raz, Janina Elyse A. Reyes, Charie G. Salengua, Aristotle L. Soriano

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Plastic is a type of synthetic or man-made polymer that can readily be molded into a variety of products. Its usage over the past century has enabled society to make huge technological advances. The workers of United Asia International Plastics Corporation (UAIPC), a plastic manufacturing company performs manual packaging which causes fatigue and stress on their arm, neck, and legs due to extended periods of standing and repetitive motions. With the use of the Fishbone Diagram, Five-Why Analysis, Rapid Entire Body Assessment (REBA), and Anthropometry, the stressful tasks and activities were identified and analyzed. Given the anthropometric measurements obtained from the workers, improved dimensions for the tables and chairs should be used and provide a new packaging machine. The validation of this proposal shall follow after its implementation. By eliminating fatigue during working hours in the production, the workers will be at ease at performing their work properly; productivity will increase that will lead to more profit. Further areas for study include measurement and comparison of the worker’s anthropometric measurement with the industry standard.

Keywords: anthropometry, fishbone diagram, five-why analysis, rapid entire body assessment

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627 Creating a Virtual Perception for Upper Limb Rehabilitation

Authors: Nina Robson, Kenneth John Faller II, Vishalkumar Ahir, Arthur Ricardo Deps Miguel Ferreira, John Buchanan, Amarnath Banerjee

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This paper describes the development of a virtual-reality system ARWED, which will be used in physical rehabilitation of patients with reduced upper extremity mobility to increase limb Active Range of Motion (AROM). The ARWED system performs a symmetric reflection and real-time mapping of the patient’s healthy limb on to their most affected limb, tapping into the mirror neuron system and facilitating the initial learning phase. Using the ARWED, future experiments will test the extension of the action-observation priming effect linked to the mirror-neuron system on healthy subjects and then stroke patients.

Keywords: physical rehabilitation, mirror neuron, virtual reality, stroke therapy

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626 The Co-Existence of Multidominance and Movement in the Syntax of Chinese Bi-Comparatives

Authors: Yaqing Hu

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This paper puts forward a syntactic analysis involving multidominance and rightward movement in Chinese bi-comparatives, as in 'Yuehan bi Mali gao (John is taller than Mary).' It is argued here that the predicate of comparison is a shared constituent in two small clauses, namely one for the target and one for the standard; and then it moves rightward to form a degree phrase with the comparative morpheme. This proposal comes from four aspects. First, the example above can also be expressed in this way, 'A: Yuehan he Mali, shui gao? (John and Mary, who is taller?) B: Yuehan gao./Yuehan geng gao. (John is taller).' This shows that the gradable adjective is predicated of the target. In addition, according to a constraint on Chinese bi-comparatives, namely the target and the standard must be arguments of the predicate simultaneously, it is not unreasonable to assume that the gradable adjective may also be predicated of the standard. Second, subcomparatives are totally disallowed in Chinese, as in '*zhe-zhang zhuozi bi zhe-zhang yizi kuan chang. (This table is longer than this chair is wide.)' In order to save it from ungrammaticality, the target and the standard should be compared along the same dimension denoted by the gradable adjective. It may follow that in Chinese comparatives, having equal roles in the same eventuality, the target and the standard bear the same thematic relationship with the predicate of comparison. Third, verb-copy can appear in Chinese bi-comparatives, as in 'Yuehan qi ma bi Mali qi ma qi de kuai. (John rides horses faster than Mary does.)' The predicate qi seems to form a small clause with both the target and the standard. This might be supporting evidence that both the target and the standard share the predicate of comparison. Fourth, Chinese comparatives do have comparative morphemes, as in 'Yuehan bi Mali geng gao. (John is taller than Mary)', which is semantically equivalent to the first example above. Thus, it follows that one feature of Chinese comparative morphemes is that they can remain overt or covert in the syntax, which will not affect semantics. This further shows that comparative morphemes in bi-comparatives may not be able to saturate the degree argument denoted by the predicate of comparison due to its optionality in the structure. These four aspects present a challenge to the Direct Analysis used in Chinese comparatives since this approach would presume that the target and the standard somehow show independency with the predicate in the syntax. Meanwhile, this study also rejects the previous analysis of multidomiance in bi-comparatives in which the degree phrase comprised of the comparative morpheme and the gradable adjective may be shared by the standard when the comparative morpheme is covert. This syntactic analysis proposed in this study will therefore offer a different perspective of how to treat degree phrase in Chinese comparatives and may offer evidence to argue whether there is degree phrase movement in bi-comparatives as in its English counterparts.

Keywords: Chinese comparatives, degree phrase, movement, multidominance, syntactic analysis

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625 Some Considerations about the Theory of Spatial-Motor Thinking Applied to a Traditional Fife Band in Brazil

Authors: Murilo G. Mendes

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This text presents part of the results presented in the Ph.D. thesis that has used John Baily's theory and method as well as its ethnographic application in the context of the fife flutes of the Banda Cabaçal dos Irmãos Aniceto in the state of Ceará, northeast of Brazil. John Baily is a British ethnomusicologist dedicated to studying the relationships between music, musical gesture, and embodied cognition. His methodology became a useful tool to highlight historical-social aspects present in the group's instrumental music. Remaining indigenous and illiterate, these musicians played and transmitted their music from generation to generation, for almost two hundred years, without any nomenclature or systematization of the fingering performed on the flute. In other words, his music, free from any theorization, is learned, felt, perceived, and processed directly through hearing and through the relationship between the instrument's motor skills and its sound result. For this reason, Baily's assumptions became fundamental in the analysis processes. As the author's methodology recommends, classes were held with the natives and provided technical musical learning and some important concepts. Then, transcriptions and analyses of musical aspects were made from patterns of movement on the instrument incorporated by repetitions and/or by the intrinsic facility of the instrument. As a result, it was discovered how the group reconciled its indigenous origins with the demand requested by the public power and the interests of the local financial elite from the mid-twentieth century. The article is structured from the cultural context of the group, where local historical and social aspects influence the social and musical practices of the group. Then, will be present the methodological conceptions of John Baily and, finally, their application in the music of the Irmãos Aniceto. The conclusion points to the good results of identifying, through this methodology and analysis, approximations between discourse, historical-social factors, and musical text. Still, questions are raised about its application in other contexts.

Keywords: Banda Cabaçal dos Irmãos Aniceto, John Baily, pífano, spatial-motor thinking

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624 Navigating Politics of Black Marginalization: A Critical Reflection of the Guardian by John Grisham

Authors: Fayaz Ali Shah, Aleena Shehzad

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The incidents of race or racial discrimination is still a part of the advanced and the so-called twenty-first-century America. It not only affects America's society but also greatly influences the third world countries due to the colonial approach by the British and America. Due to this discrimination, hundreds of Blacks in the US have been disappeared or prisoned for crimes they have not committed. The same sort of inequality can be seen in Pakistan due to the discrimination and prejudice by the Pakistani government and militants. Especially the tribal areas of Pakistan have been facing the worst in such situations. Thousands of people have been disappeared since 9/11 due to the adulterous approach by the government and military. The article is an approach to show the still racist view or Black marginalization, on the paradigm of racism, in the novel 'The Guardian' written by John Grisham. Also, it will enlighten readers about Pakistan's military and government approach towards discrimination, which creates great chaos in the country nowadays. The research will be qualitative and will use Critical Race Theory by Delgado and Steffencic for analysis.

Keywords: blacks, colonial, discrimination, disappeared, prison

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623 The Duty of Sea Carrier to Transship the Cargo in Case of Vessel Breakdown

Authors: Mojtaba Eshraghi Arani

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Concluding the contract for carriage of cargo with the shipper (through bill of lading or charterparty), the carrier must transport the cargo from loading port to the port of discharge and deliver it to the consignee. Unless otherwise agreed in the contract, the carrier must avoid from any deviation, transfer of cargo to another vessel or unreasonable stoppage of carriage in-transit. However, the vessel might break down in-transit for any reason and becomes unable to continue its voyage to the port of discharge. This is a frequent incident in the carriage of goods by sea which leads to important dispute between the carrier/owner and the shipper/charterer (hereinafter called “cargo interests”). It is a generally accepted rule that in such event, the carrier/owner must repair the vessel after which it will continue its voyage to the destination port. The dispute will arise in the case that temporary repair of the vessel cannot be done in the short or reasonable term. There are two options for the contract parties in such a case: First, the carrier/owner is entitled to repair the vessel while having the cargo onboard or discharged in the port of refugee, and the cargo interests must wait till the breakdown is rectified at any time, whenever. Second, the carrier/owner will be responsible to charter another vessel and transfer the entirety of cargo to the substitute vessel. In fact, the main question revolves around the duty of carrier/owner to perform transfer of cargo to another vessel. Such operation which is called “trans-shipment” or “transhipment” (in terms of the oil industry it is usually called “ship-to-ship” or “STS”) needs to be done carefully and with due diligence. In fact, the transshipment operation for various cargoes might be different as each cargo requires its own suitable equipment for transfer to another vessel, so this operation is often costly. Moreover, there is a considerable risk of collision between two vessels in particular in bulk carriers. Bulk cargo is also exposed to the shortage and partial loss in the process of transshipment especially during bad weather. Concerning tankers which carry oil and petrochemical products, transshipment, is most probably followed by sea pollution. On the grounds of the above consequences, the owners are afraid of being held responsible for such operation and are reluctant to perform in the relevant disputes. The main argument raised by them is that no regulation has recognized such duty upon their shoulders so any such operation must be done under the auspices of the cargo interests and all costs must be reimbursed by themselves. Unfortunately, not only the international conventions including Hague rules, Hague-Visby Rules, Hamburg rules and Rotterdam rules but also most domestic laws are silent in this regard. The doctrine has yet to analyse the issue and no legal researches was found out in this regard. A qualitative method with the concept of interpretation of data collection has been used in this paper. The source of the data is the analysis of regulations and cases. It is argued in this article that the paramount rule in the maritime law is “the accomplishment of the voyage” by the carrier/owner in view of which, if the voyage can only be finished by transshipment, then the carrier/owner will be responsible to carry out this operation. The duty of carrier/owner to apply “due diligence” will strengthen this reasoning. Any and all costs and expenses will also be on the account pf the owner/carrier, unless the incident is attributable to any cause arising from the cargo interests’ negligence.

Keywords: cargo, STS, transshipment, vessel, voyage

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622 Understanding John H. Johnson and Ebony Magazine Financial Responsiveness to Rise of Black Power in the U.S, 1966

Authors: Sid Ahmed Ziane

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This paper argues for Johnson's financial responsiveness to the rise of Black Power and its advocate, 'Stokely Carmichael' in 1966. John H. Johnson was a Black businessman and the owner of Ebony magazine, one of the widely read Black magazines in the U.S. His magazine, however, was designed only to promoting Black fashion, aesthetic, marketing, and consumerism. In mid-1966, the mainstream of the Civil Rights movement was heading into two distinct camps when some of its advocates, led by Stokely Carmichael, began to question the slow pace of the Civil Rights and sought to pursue a more radical approach to bring about upheaval to the Black community. Their new approach, however, propelled the national media into paying close attention to their activities, their new methods, and their radical orientations. In fact, the major White-oriented media discredited Carmichael and distorted his public image via sensational stories and race-mongering reports. However, the Black owned outlets such as The Liberator advocated his agendas, whereas other magazines such as The Crisis rejected them. Based on such oral sources and Ebony’s online issues, this paper adds and argues that Johnson had also responded to the rise of Black Power and Carmichael. This reaction had, in fact, aimed at scooping and selling Carmichael and his new orientation as well as advertising him in his magazine to attract the readers who showed a strong tendency to hear and read about the heyday and even the ferment of Black Power. This paper is part of an ongoing project which aims at framing our understanding of how the Black print media and the modern Black liberation struggle were correlated and could shape each other by appraising their agendas, milestones, and their pivotal figures.

Keywords: Black power, Ebony magazine, John Johson, Stokely Carmichael

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621 Application of Western and Islamic Philosophy to Business Ethics

Authors: Elmamy Ahmedsalem

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The world has witnessed the collapse of many corporate giants as a result of unethical behavior in recent decades. This has induced a series of questions by the global community on why such occurrences could happen, even with corporate governance in place. This paper attempts to propose a philosophical approach from an Islamic perspective to be consolidated with current corporate governance in order to confront contemporary dilemmas. In this paper, ethical theories are presented as a discussion followed by their applications to modern cases of financial collapses. Virtue ethics by Aristotle, justice and fairness by John Rawls, deontology by Immanuel Kant, and utilitarianism by John Stuart Mill, are the four theories which can then be contrasted with the paradigm of Muslim scholars. Despite the differences between the fundamental principles of Islamic and Western worldviews, their ethical theories are aimed at making right decisions and solving ethical dilemmas based on what is good for society. Therefore, Islamic principles should be synthesized with Western philosophy to form a more coherent framework. The integration of Islamic and western ethical theories into business is important for sound corporate governance.

Keywords: business ethics, Islamic philosophy, western philosophy, Western and Islamic worldview of ethics

Procedia PDF Downloads 446
620 A Collaborative Approach to Improving Mental and Physical Health-Related Outcomes for a Heart Transplant Patient Through Music and Art Therapy Treatment

Authors: Elizabeth Laguaite, Alexandria Purdy

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Heart transplant recipients face psycho-physiological stressors, including pain, lengthy hospitalizations, delirium, and existential crises. They pose an increased risk for Post Traumatic Stress Disorder (PTSD) and can be a predictor of poorer mental and physical Health-Related Quality of Life (HRQOL) outcomes and increased mortality. There is limited research on the prevention of Post Traumatic Stress Symptoms (PTSS) in transplant patients. This case report focuses on a collaborative Music and Art Therapy intervention used to improve outcomes for HMH transplant recipient John (Alias). John, a 58-year-old man with congestive heart failure, was admitted to HMH in February of 2021 with cardiogenic shock, cannulated with an Intra-aortic Balloon Pump, Impella 5.5, and Venoarterial Extracorporeal Membrane Oxygenation (VA-ECMO) as a bridge to heart and kidney transplant. He was listed as status 1 for transplant. Music Therapy and Art Therapy (MT and AT) were ordered by the physician for mood regulation, trauma processing and anxiety management. During MT/AT sessions, John reported a history of anxiety and depression exacerbated by medical acuity, shortness of breath, and lengthy hospitalizations. He expressed difficulty sleeping, pain, and existential questions. Initially seen individually by MT/AT, it was determined he could benefit from a collaborative approach due to similar thematic content within sessions. A Life Review intervention was developed by MT/AT. The purpose was for him to creatively express, reflect and process his medical narrative, including the identification of positive and negative events leading up to admission at HMH, the journey to transplant, and his hope for the future. Through this intervention, he created artworks that symbolized each event and paired them with songs, two of which were composed with the MT during treatment. As of September 2023, John has not been readmitted to the hospital and expressed that this treatment is what “got him through transplant”. MT and AT can provide opportunities for a patient to reminisce through creative expression, leading to a shift in the personal meaning of these experiences, promoting resolution, and ameliorating associated trauma. The closer to trauma it is processed, the less likely to develop PTSD. This collaborative MT/AT approach could improve long-term outcomes by reducing mortality and readmission rates for transplant patients.

Keywords: art therapy, music therapy, critical care, PTSD, trauma, transplant

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619 Challenge of the Credibility of Witnesses in the International Criminal Court and the Precondition to Establish the Truth

Authors: Romina Beqiri

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In the context of the prosecution of those responsible for the commission of the most hideous crimes and the fight against impunity, a fundamental role is played by witnesses of the crimes who contribute to ascertaining the ‘procedural truth’. This article examines recent decisions and legislation of the Hague-based International Criminal Court in terms of the endangerment of the integrity of the criminal proceedings in consequence of witness tampering. The analysis focuses on the new developments in the courtroom and the academia, in particular, on the first-ever sentence confirming the charges of corruptly influencing witnesses, interpretation of presenting false evidence and giving false testimony when under an obligation to tell the truth. Confronted with recent tampering with witnesses and their credibility at stake in the ongoing cases, the research explores different Court’s decisions and scholars’ legal disputes concerning the deterrence approach to punish the authors of offences against the administration of justice when committed intentionally. Therefore, the analysis concludes that the Court cannot tolerate any witness false testimony and should enhance consistency and severity of sanctions for the sake of fair trial and end impunity.

Keywords: International Criminal Court, administration of justice, credibility of witness, fair trial, false testimony, witness tampering

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618 Temporality, Place and Autobiography in J.M. Coetzee’s 'Summertime'

Authors: Barbara Janari

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In this paper it is argued that the effect of the disjunctive temporality in Summertime (the third of J.M. Coetzee’s fictionalised memoirs) is two-fold: firstly, it reflects the memoir’s ambivalent, contradictory representations of place in order to emphasize the fractured sense of self growing up in South Africa during apartheid entailed for Coetzee. Secondly, it reconceives the autobiographical discourse as one that foregrounds the inherent fictionality of all texts. The memoir’s narrative is filtered through intricate textual strategies that disrupt the chronological movement of the narrative, evoking the labyrinthine ways in which the past and present intersect and interpenetrate each other. It is framed by entries from Coetzee’s Notebooks: it opens with entries that cover the years 1972–1975, and ends with a number of undated fragments from his Notebooks. Most of the entries include a short ‘memo’ at the end, added between 1999 and 2000. While the memos follow the Notebook entries in the text, they are separated by decades. Between the Notebook entries is a series of interviews conducted by Vincent, the text’s putative biographer, between 2007 and 2008, based on recollections from five people who had known Coetzee in the 1970s – a key period in John’s life as it marks both his return to South Africa after a failed emigration attempt to America, and the beginning of his writing career, with the publication of Dusklands in 1974. The relationship between the memoir’s various parts is a key feature of Coetzee’s representation of place in Summertime, which is constructed as a composite one in which the principle of reflexive referencing has to be adopted. In other words, readers have to suspend individual references temporarily until the relationships between the parts have been connected to each other. In order to apprehend meaning in the text, the disparate narrative elements have to first be tied together. In this text, then, the experience of time as ordered and chronological is ruptured. Instead, the memoir’s themes and patterns become apparent most clearly through reflexive referencing, by which relationships between disparate sections of the text are linked. The image of the fictional John that emerges from the text is a composite of this John and the author, J.M. Coetzee, and is one which embodies Coetzee’s often fraught relationship with his home country, South Africa.

Keywords: autobiography, place, reflexive referencing, temporality

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617 Study of Heat Exchangers in Small Modular Reactors

Authors: Harish Aryal, Roger Hague, Daniel Sotelo, Felipe Astete Salinas

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This paper presents a comparative study of different coolants, materials, and temperatures that can affect the effectiveness of heat exchangers that are used in small modular reactors. The corrugated plate heat exchangers were chosen out of different plate options for testing purposes because of their ease of access and better performance than other existing heat exchangers in recent years. SolidWorks enables us to see various results between water coolants and helium coolants acting upon different types of conducting metals, which were selected from different fluids that ultimately satisfied accessibility requirements and were compatible with the software. Though not every element, material, fluid, or method was used in the testing phase, their purpose is to help further research that is to come since the innovation of nuclear power is the future. The tests that were performed are to help better understand the constant necessities that are seen in heat exchangers and through every adjustment see what the breaking points or improvements in the machine are. Depending on consumers and researchers, the results may give further feedback as to show why different types of materials and fluids would be preferred and why it is necessary to keep failures to improve future research.

Keywords: heat exchangers, Solidworks, coolants, small modular reactors, nuclear power, nanofluids, Nusselt number, friction factor, Reynolds number

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616 Performance of an Improved Fluidized System for Processing Green Tea

Authors: Nickson Kipng’etich Lang’at, Thomas Thoruwa, John Abraham, John Wanyoko

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Green tea is made from the top two leaves and buds of a shrub, Camellia sinensis, of the family Theaceae and the order Theales. The green tea leaves are picked and immediately sent to be dried or steamed to prevent fermentation. Fluid bed drying technique is a common drying method used in drying green tea because of its ease in design and construction and fluidization of fine tea particles. Major problems in this method are significant loss of chemical content of the leaf and green appearance of tea, retention of high moisture content in the leaves and bed channeling and defluidization. The energy associated with the drying technology has been shown to be a vital factor in determining the quality of green tea. As part of the implementation, prototype dryer was built that facilitated sequence of operations involving steaming, cooling, pre-drying and final drying. The major findings of the project were in terms of quality characteristics of tea leaves and energy consumption during processing. The optimal design achieved a moisture content of 4.2 ± 0.84%. With the optimum drying temperature of 100 ºC, the specific energy consumption was 1697.8 kj.Kg-1 and evaporation rate of 4.272 x 10-4 Kg.m-2.s-1. The energy consumption in a fluidized system can be further reduced by focusing on energy saving designs.

Keywords: evaporation rate, fluid bed dryer, maceration, specific energy consumption

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615 Socioeconomic Status and Use of Web-Based Information Resources by Public Polytechnic Students in Southwestern Nigeria

Authors: John Adeboye Oyeboade, Pius Olatunji Olaojo, Kuburay Folashade Yusuf, John Oluwaseye Adebayo

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Web-based Information Resources (WBIR) are increasingly becoming essential tools for students to accomplish academic tasks. Preliminary observation revealed that many polytechnic libraries in Southwestern Nigeria do not subscribe or renew subscriptions to WBIR academic databases, and students use free-based electronic resources. Hence, this study was carried out to investigate socioeconomic status and use of WBIR by public polytechnic students in Southwestern Nigeria. Six public polytechnics out of the 16 offerings of Higher National Diploma (HND) programs were selected by stratified random sampling to reflect federal and state polytechnics. A proportionate size sampling technique was used to select 1,463 HND students. The instruments used were Socioeconomic status (SeS) (α=0.81) and WBIR used for Academic Tasks (α=0.98) scales. Data were analyzed using descriptive statistics and Pearson’s product-moment correlation at a 0.05 level of significance. Students’ SeS ( =79.10) was moderate. Online reference sources ( =3.97), Web 2.0 ( =3.50), and social media ( =3.00) were regularly used WBIR. WBIR use ( =53.34) was moderate. The students used WBIR for project writing ( =3.46) and class assignments ( =3.42). The Students’ SeS (r=0.59) had significant relationships with WBIR use. Socioeconomic status directly influenced the use of WBIR for academic tasks. Management of polytechnics should provide WBIR subscriptions for students’ use in the polytechnic e-libraries.

Keywords: public polytechnic students, polytechnic libraries, socioeconomic status, Web-based information resources

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614 The Publishing Process and Results of the Chinese Annotated Edition of John Dewey’s “Experience and Education: The 60th Anniversary Edition”

Authors: Wen-jing Shan

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The Chinese annotated edition of “Experience and education: The 60th anniversary edition,” originally written in English by John Dewey (1859-1952), was published in 2015 by this author. A report of the process and results of the translation and annotation of the book is the purpose of this paper. It is worth mentioning that the original 1938 edition was considered as the best concise statement on education by John Dewey, one the most important educational theorists of the twentieth century. One of the features of this The 60th anniversary edition is that the original publisher, Kappa Delta Pi International Honor Society, invited four contemporary Deweyan scholars who had been awarded the Society’s Laureate Scholar to write a review of the book published by Dewey, who was the first to receive this honor. The four scholars are Maxine Greene(1917-2014), Philip W. Jackson(1928-2015), Linda Darling-Hammond(1951-), and O. L. Davis, Jr.(1928-). The original 1938 edition, the best concise statement on education by the most important educational theorist of the twentieth century, was translated into Chinese for five times after its publication in the U.S.A, three in the 1940s, one in the 1990s, and one in 2010s. Nonetheless, the five translations have few or no annotations and have some flaws of mis-interpretations and lack of information. The author retranslated and annotated the book to make the interpretations more faithful, expressive, and elegant, and providing the readers with more understanding and more correct information. This author started the project of translation and annotation sponsored by Taiwan Ministry of Science and Technology in August 2011 and finished and published by July 2015. The work, the author, did was divided into three stages. First, in the preparatory stage of the project, the summary of each chapter, the rationale of the book, the textual commentary, the development of the original and Chinese editions, and reviews and criticisms, as well as Dewey’s biography and bibliography were initially investigated. Secondly, on the basis of the above preliminary work, the translation with annotation of Experience and Education, an epitome of Dewey’s biography and bibliography, a chronology, and a critical introduction for the Experience and Education were written. In the critical introduction, Dewey’s philosophy of experience and educational ideas will be examined along the timeline of human thought. And the vast literature about Dewey and his work will be instrumental to reveal the historical significance of Experience and Education on the modern age and make the critical introduction more knowledgeable. Third, the final stage took another two years to review and revise the draft of the work and send it for publication. There are two parts in the book. The first part is a scholarly introduction including Dewey’s chronicle (in short form), Dewey’s mind, people and life, the importance of “Experience and education”, the necessity of re-translation and re-annotation of “Experience and education” into Chinese. The second part is the re-translation and re-annotation version, including Dewey’s “Experience and education” and four papers written by contemporary scholars.

Keywords: John Dewey, experience and education: the 60th anniversary edition, translation, annotation

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613 The Different Essence of Death in the Elegies of Shelley's Adonais and Lord Tennyson's In Memoriam

Authors: Sulistyaningtyas

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The topic about death and dying is interesting to discuss since it is strongly related to every individual life. As represented in its title, Adonais: An Elegy on the Death of John Keats is a mournful poem written in 1821 by Percy Bysshe Shelley to mourn the loss of young poet John Keats. To compare, In Memoriam A.H.H. is an elegy written in 1850 about the death of Lord Tennyson’s dearest friend, Arthur Henry Hallam. Although both elegies were written to grieve the authors’ loved ones, their grief affects differently to the psychological being of the narrators. Thus, this research aims to examine the essence of death in affecting the narrators psychologically. By using psychoanalytic criticism, this research reveals the different essence of death in the two elegies as the result of the analysis. Moreover, these two elegies also portray the concept of the afterlife, immortality, and the figure of God. In Adonais, the grief of the narrator to Keats leads him to question the very purpose of life. The loss of his favorite poet which makes him feel sorrowful and mad along his 55 stanzas brings him to a higher psychological level to understand himself. He even sees himself as a Christ-like figure, which shows the idea that God is imaginable. Different from Adonais, the narrator of In Memoriam finds something more spiritual by doing his passionate mourning to Hallam. Through some contemplation in his 133 cantos, in the end, he is convinced that the dear one now dwells with a great Spirit who controls the world. He believes that all of the creation in the universe has to follow one law which is set by God. Hence, it can be concluded that death might bring different consequence to the psyche of every living creature.

Keywords: elegy, comparative study, psychoanalytic criticism, the essence of death

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612 When Religion is Meaningful and When Religion is Detrimental

Authors: Tennyson Samraj

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The intent of this paper is threefold: (1) to propose the Epicurean tenet that beliefs associated with God are to be detached from the transcendent God, as the basis to end religious conflicts; (2) to project John Hick’s advice that no one has monopoly over religious claims, as the basis for religious tolerance and (3) to present the common sense approach to respect religion without disrespecting science. Religious claims create societal tension on two matters: conflict between believers and conflict with the sciences. Anyone interested in the two fundamental questions related to consciousness and cosmology as to how and why the universe exists will have to deal with science and religion. However, while science addresses the question of how the universe came into existence and how it works, religion addresses the question of why the universe exists. If religion is a quest to understand why the universe exists, then we must address the question as to when religion is considered meaningful and when is it considered detrimental. Is there a relationship between why we choose to live and why the universe exists? Science and Religion are partners in defining our life in the context of the universe. Science without Religion limits itself to knowing ‘how’ the universe came into existence without questioning ‘why’; Religion without Science limits itself of knowing ‘why’ the universe exists without knowing ‘how.’ Is it possible to detach beliefs about God from God? When religious claims are understood in the context of the questions that necessitates the answers, religious claims can be understood as being separate from the transcendent God. This paper purports that this Epicurean tenet provides the impetus to address the questions that necessitate religious claims. This helps us to explain the relevance of why we believe in what we believe; define the relationship between the self, soul and the sacred; and establish the connection between this life and the after-life in the context of life-beyond-this-planet.

Keywords: religion, epicurus, John Hick, relevance of religion

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611 Network Analysis of Genes Involved in the Biosynthesis of Medicinally Important Naphthodianthrone Derivatives of Hypericum perforatum

Authors: Nafiseh Noormohammadi, Ahmad Sobhani Najafabadi

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Hypericins (hypericin and pseudohypericin) are natural napthodianthrone derivatives produced by Hypericum perforatum (St. John’s Wort), which have many medicinal properties such as antitumor, antineoplastic, antiviral, and antidepressant activities. Production and accumulation of hypericin in the plant are influenced by both genetic and environmental conditions. Despite the existence of different high-throughput data on the plant, genetic dimensions of hypericin biosynthesis have not yet been completely understood. In this research, 21 high-quality RNA-seq data on different parts of the plant were integrated into metabolic data to reconstruct a coexpression network. Results showed that a cluster of 30 transcripts was correlated with total hypericin. The identified transcripts were divided into three main groups based on their functions, including hypericin biosynthesis genes, transporters, detoxification genes, and transcription factors (TFs). In the biosynthetic group, different isoforms of polyketide synthase (PKSs) and phenolic oxidative coupling proteins (POCPs) were identified. Phylogenetic analysis of protein sequences integrated into gene expression analysis showed that some of the POCPs seem to be very important in the biosynthetic pathway of hypericin. In the TFs group, six TFs were correlated with total hypericin. qPCR analysis of these six TFs confirmed that three of them were highly correlated. The identified genes in this research are a rich resource for further studies on the molecular breeding of H. perforatum in order to obtain varieties with high hypericin production.

Keywords: hypericin, St. John’s Wort, data mining, transcription factors, secondary metabolites

Procedia PDF Downloads 51