Search results for: Judiciary Acts 1789

Authors: Mohiuddin Sakib, Fatin Nihal, Anisul Haque, Munsur Rahman, Mansur Ali

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Sundarban, the largest mangrove forest in the world, is known to act as a buffer against the cyclone and storm surge. Theoretically, Sundarban absorbs the initial thrust of the wind and acts to ‘resist’ the storm surge flooding. The role of Sundarban was evident during the cyclone Sidr when the Sundarban solely defended the initial thrust of the cyclonic wind and the resulting storm surge inundation. In doing this, Sundarban sacrificed 30% of its plant habitats. Although no scientific study has yet been conducted, it is generally believed that Sundarban will continuously play its role as a buffer against the cyclone when landfall of the cyclone is at or close to the Sundarban. Considering these facts, the present study mainly focused on a scientific insight into the role of Sundarban as a buffer against the present-day cyclone and storm surge and also its probable role on the impacts of future storms of similar nature but with different landfall locations. The Delft 3D dashboard and flow model are applied to compute the resulting inundation due to cyclone induced storm surge. The results show that Sundarban indeed acts as a buffer against the storm surge inundation when cyclone landfall is at or close to Sundarban.

Keywords: buffer, Mangrove forest, Sidr, landfall, roughness

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Authors: Alexandra-Monica Toma

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Internet memes are an element of computer mediated communication and an important part of online culture that combines text and image in order to generate meaning. This term coined by Richard Dawkings refers to more than a mere way to briefly communicate ideas or emotions, thus naming a complex and an intensely perpetuated phenomenon in the virtual environment. This paper approaches memes as a cultural artefact and a virtual trope that mirrors societal concerns and issues, and analyses the pragmatics of their use. Memes have to be analysed in series, usually relating to some image macros, which is proof of the interplay between imitation and creativity in the memes’ writing process. We believe that their potential to become viral relates to three key elements: adaptation to context, reference to a successful meme series, and humour (jokes, irony, sarcasm), with various pragmatic functions. The study also uses the concept of multimodality and stresses how the memes’ text interacts with the image, discussing three types of relations: symmetry, amplification, and contradiction. Moreover, the paper proves that memes could be employed as speech acts with illocutionary force, when the interaction between text and image is enriched through the connection to a specific situation. The features mentioned above are analysed in a corpus that consists of memes related to the COVID-19 pandemic. This corpus shows them to be highly adaptable to context, which helps build the feeling of connection and belonging in an otherwise tremendously fragmented world. Some of them are created based on well-known image macros, and their humour results from an intricate dialogue between texts and contexts. Memes created in relation to the COVID-19 pandemic can be considered speech acts and are often used as such, as proven in the paper. Consequently, this paper tackles the key features of memes, makes a thorough analysis of the memes sociocultural, linguistic, and situational context, and emphasizes their intertextuality, with special accent on their illocutionary potential.

Keywords: context, memes, multimodality, speech acts

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Authors: Tanju Deveci

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It appears that the speech act of complaint has not received as much attention as other speech acts. However, the face-threatening nature of this speech act requires a special attention in multicultural contexts in particular. The teaching context in the UAE universities, where a big majority of teaching staff comes from other cultures, requires investigations into this speech act in order to improve communication between students and faculty. This session will outline the results of a study conducted with this purpose. The realization of complaints by Freshman English students in Communication courses at Petroleum Institute was investigated to identify communication patterns that seem to cause a strain. Data were collected using a role-play between a teacher and students, and a judgment scale completed by two of the instructors in the Communications Department. The initial findings reveal that the students had difficulty putting their case, produced the speech act of criticism along with a complaint and that they produced both requests and demands as candidate solutions. The judgement scales revealed that the students’ attitude was not appropriate most of the time and that the judges would behave differently from students. It is concluded that speech acts, in general, and complaint, in particular, need to be taught to learners explicitly to improve interpersonal communication in multicultural societies. Some teaching ideas are provided to help increase foreign language learners’ sociolinguistic competence.

Keywords: speech act, complaint, pragmatics, sociolinguistics, language teaching

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Authors: Muzaffar Hussain

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Requests strategies are considered as a part of the speech acts, which are frequently used in everyday communication. Each language provides speech acts to the speakers; therefore, the selection of appropriate form seems more culture-specific rather than language. The present paper investigates the gender-based difference in the use of request strategies by native speakers of Urdu/Punjabi male and female who are learning English as a second language. The data for the present study were collected from 68 graduate students, who are learning English as an L2 in Pakistan. They were given an online close-ended questionnaire, based on Discourse Completion Test (DCT). After analyzing the data, it was found that the L1 male Urdu/Punjabi speakers were inclined to use more direct request strategies while the female Urdu/Punjabi speakers used indirect request strategies. This paper also found that in some situations female participants used more direct strategies than male participants. The present study concludes that the use of request strategies is influenced by culture, social status, and power distribution in a society.

Keywords: gender variation, request strategies, face-threatening, second language pragmatics, language competence

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Authors: Emmanuel Chinaguh, Kehinde Adeosun

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Nigerians die untimely, with 55.75 years of life expectancy, which is 17.45 below the world average of 73.2 (Worldometer, 2020). This is due, among other factors, to the country's limited access to high-quality healthcare. To increase access to good and affordable healthcare services, the National Health Insurance Authority (NHIA) Bill 2022 – which repealed the National Health Insurance Scheme Act 2004 – was passed into law. Applying Jacob Mey’s (2001) pragmatics act (pract) theory, this study explores how NHIA seeks to actualise these healthcare goals by characterising the general situational prototype or pragmemes and pragmatic acts in institutional communications. Data was sourced from the NHIA operational guidelines, which has 147 pages and four sections, and shared posters on NHIA Nigeria Twitter Handle with 14,200 followers. Digital humanities tools, like AntConc and Voyant, were engaged in the data analysis for text encoding and data visualisation. This study identifies these discourse tokens in the data: advertisement and programmes, standards and accreditation, records and information, and offences and penalties. Advertisement and programmes pract facilitating, propagating, prospecting, advising and informing; standards and accreditation, and records and information pract stating, informing and instructing; and offences and penalties pract stating and sanctioning. These practs combined to advance the goals of affordable care and universal accessibility to quality healthcare services. The pragmatic acts were marked by these pragmatic tools: shared situational knowledge (SSK), relevance (REL), reference (REF) and inference (INF). This paper adds to the understanding of health insurance discourse in Nigeria as a mediated social practice that promotes the health of Nigerians.

Keywords: affordable care, NHIA, Nigeria’s health insurance discourse, pragmatic acts.

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Authors: Mehar Pruthi, Manjula V.

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For the longest time, Indian households have been hosts to a variety of domestic evils such as intimate partner violence, physical abuse, sexual assaults, and more commonly gender-based violence. The prevalence of such heinous acts against women is often swept under the carpet of patriarchy and leaves women scarred. Many times, these wounds are caused by more insidious and subtle acts of violence. For this study, the choice of term for these acts is Emotional Abuse. The ill effects of emotional abuse on the victim’s sense of self and psychological health have been widely established. The current study takes a qualitative approach to explore women’s experiences at the brunt of emotional abuse. To this end, six participants (N=6) were identified using purposive and snowball sampling which was followed by a pre-screening form to assess for the presence of emotional abuse. A semi-structured interview guide was employed to investigate the victim’s perception of emotional abuse, the manifestation of emotional abuse in a patriarchal society, and the reasons women remain in abusive relationships. Each interview lasted about 50-60 mins and was accompanied by extensive note-making. A preliminary analysis of the interviews was done using the Interpretative Phenomenological Approach. Initial findings reveal the emergence of themes such as feelings of loneliness, intergenerational transmission of violence, denial, justifying the partner’s behavior, staying because of children, hoping things would change, and faith in God. The study is instrumental in conceptualizing the patterns of emotional abuse keeping in mind the patriarchal context of the Indian society. It has implications for professionals in the mental health field who work with this population so they can better understand their plight. Future research could focus on rebuilding relationships for those partners who decide to sustain such relationships and focus on various coping mechanisms with special emphasis on religious beliefs.

Keywords: emotional abuse, gender-based violence, intimate partner violence, marriage, patriarchy

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Authors: A. Bentley, A. Prost, N. Daruwalla, D. Osrin

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Background: This study aims to investigate the relationship between experiences of violence against women in the family, and levels of self-esteem in women residing in informal settlement (slum) areas of Mumbai, India. The authors hypothesise that violence against women in Indian households extends beyond that of intimate partner violence (IPV), to include other members of the family and that experiences of violence are associated with lower levels of self-esteem. Methods: Experiences of violence were assessed through a cross-sectional survey of 598 women, including questions about specific acts of emotional, economic, physical and sexual violence across different time points, and the main perpetrator of each. Self-esteem was assessed using the Rosenberg self-esteem questionnaire. A global score for self-esteem was calculated and the relationship between violence in the past year and Rosenberg self-esteem score was assessed using multivariable linear regression models, adjusted for years of education completed, and clustering using robust standard errors. Results: 482 (81%) women consented to interview. On average, they were 28.5 years old, had completed 6 years of education and had been married 9.5 years. 88% were Muslim and 46% lived in joint families. 44% of women had experienced at least one act of violence in their lifetime (33% emotional, 22% economic, 24% physical, 12% sexual). Of the women who experienced violence after marriage, 70% cited a perpetrator other than the husband for at least one of the acts. 5% had low self-esteem (Rosenberg score < 15). For women who experienced emotional violence in the past year, the Rosenberg score was 2.6 points lower (p < 0.001). It was 1.2 points lower (p = 0.03) for women who experienced economic violence. For physical or sexual violence in the past year, no statistically significant relationship with Rosenberg score was seen. However, for a one-unit increase in the number of different acts of each type of violence experienced in the past year, a decrease in Rosenberg score was seen (-0.62 for emotional, -0.76 for economic, -0.53 for physical and -0.47 for sexual; p < 0.05 for all). Discussion: The high prevalence of violence experiences across the lifetime was likely due to the detailed assessment of violence and the inclusion of perpetrators within the family other than the husband. Experiences of emotional or economic violence in the past year were associated with lower Rosenberg scores and therefore lower self-esteem, but no relationship was seen between experiences of physical or sexual violence and Rosenberg score overall. For all types of violence in the past year, a greater number of different acts were associated with a decrease in Rosenberg score. Emotional violence showed the strongest relationship with self-esteem, but for all types of violence the more complex the pattern of perpetration with different methods used, the lower the levels of self-esteem. Due to the cross-sectional nature of the study causal directionality cannot be attributed. Further work to investigate the relationship between severity of violence and self-esteem and whether self-esteem mediates relationships between violence and poorer mental health would be beneficial.

Keywords: family violence, India, informal settlements, Rosenberg self-esteem scale, self-esteem, violence against women

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Authors: Ali Bayram, Remzi Yiğiter

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Objective: Alzheimer's disease (AD), the most common cause of dementia, is a progressive neurodegenerative disease. At present, diagnosis of AD is rather late in the disease. Therefore, we attempted to find peripheral biomarkers for the early diagnosis of AD. Herein, we conducted a study to investigate the unc-51 like autophagy activating kinase-1 (ULK1) mRNA expression levels in human peripheral blood mononuclear cells from patients with Alzheimer's disease. Method: To determine whether ULK1 gene expression are altered in AD patients, we measured their gene expression in human peripheral blood cell in 50 patients with AD and 50 age and gender matched healthy controls by quantitative real-time PCR technique. Results: We found that both ULK1 gene expression in peripheral blood cell were significantly decreased in patients with AD as compared with controls (p <0.05). Lower levels of ULK1 gene expression were significantly associated with the increased risk for AD. Conclusions: Serine/threonine-protein kinase involved in autophagy in response to starvation. Acts upstream of phosphatidylinositol 3-kinase PIK3C3 to regulate the formation of autophagophores, the precursors of autophagosomes. Part of regulatory feedback loops in autophagy: acts both as a downstream effector and negative regulator of mammalian target of rapamycin complex 1 (mTORC1) via interaction with RPTOR. Activated via phosphorylation by AMPK and also acts as a regulator of AMPK by mediating phosphorylation of AMPK subunits PRKAA1, PRKAB2, and PRKAG1, leading to negatively regulate AMPK activity. May phosphorylate ATG13/KIAA0652 and RPTOR; however such data need additional evidences. Plays a role early in neuronal differentiation and is required for granule cell axon formation. Alzheimer is the most common neurodegenerative disease. Our results provide useful information that the ULK1 gene expression is decreased in the neurodegeneration and AD patients with, indicating their possible systemic involvement in AD.

Keywords: Alzheimer’s sisease, ULK1, mRNA expression, RT-PCR

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Authors: Yusuf Abubakar Mamud

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Highlighting the imperatives of local conflicts considering the dangerous dimensions of terrorism they are assuming in Africa has not attracted serious academic and political attention. The discourse about conflict in Africa was discussed within five identified conflict zones in the continent. The threats from these local conflicts are diverse and complex and the acts of terrorism in these local conflicts are driven by certain attitudes and behaviours linked to the African leadership. The paper examined and noted that the current conflict resolution model of the African Union (AU) was robust with requisite institutions to address the trends in local conflicts. However, it was observed that the AU peace and security framework lacked the requisite structural and technical capabilities to proactively address the drivers of local conflicts in Africa. It was found that the persistence of local conflicts in the African region may deny her the opportunities of achievement of the targets envisioned in the Sustainable Development Goals (SDGs). Consequently, the paper called on the international community to support Africa through provision of capacity. It urged the African leaders themselves to develop the political will to ensure that all issues concerning peace and security in the continent were guided by the provisions of the AU Constitutive Act. The need to strengthen the APRM in the light of the current trends in local conflicts was also highlighted.

Keywords: conflicts, local conflicts, terrorism, sustainable development

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Authors: Iyad Jadalhaq, Mohammed El Hadi El Maknouzi

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The place of Islamic law in the legal system of the UAE is best understood by introducing a differentiation between its role as a formal source of law and its influence as a material source of law. What this differentiation helps clarify is that the corpus of Islamic law constitutes a much deeper influence on adjudication, law-making and the legal profession in the UAE, than it might appear at first sight, by considering its formal position in the division of labor between courts, or legislative lists of sources of law. This paper aims to examine the role of Shariah in the UAE private law system by determining the comprehensiveness of Sharia in the legal system as a whole, and not in a limited way related to it as a source of law according to Article 1 of the Civil Transactions Law. Turning to the role of the Shariah as a formal source of law, it is useful to start from Article 1 of the UAE Civil Code. This provision lays out the formal hierarchy of sources of UAE private law, these being legislation, Islamic law, and custom. Hence, when deciding a civil dispute, a judge should first refer to positive legislation in force in the UAE. Lacking the rule to cover the case before him/her, the judge ought then to refer directly to Islamic law. If the matter lacks regulation in Islamic law, only then may the judge appeal to custom. Accordingly, in connection to civil transactions, Shariah is presented here, formally, as the second source of law. Still, Shariah law addresses many other issues beyond civil transactions, including matters of morals, worship, and belief. However, in Article 1 of the UAE Civil Code, the reference to Islamic law ought to be understood as limited to the rules it lays out for civil transactions. There are four main sets of courts in the judicial systems of the UAE, whose competence is based on whether a dispute touches upon civil and commercial transactions, criminal offenses, personal statuses, or labor relations. This sectorial and multi-tiered organization of courts as a whole constitutes an institutional development compatible with the long-standing affirmation in the Shariah of the legitimacy of the judiciary. Indeed, Islamic law authorizes the governing authorities to organize the judiciary, including by allocating specific types of cases to particular kinds of judges depending on the value of the case, or by assigning judges to a specific place in which they are to exercise their jurisdictional function. In view of this, the contemporary organization of courts in the UAE can be regarded as an organic adaptation, aligned with Shariah rules on the assignment of jurisdictional authority, to the growing complexity of modern society. Therefore, we can conclude to the comprehensive role of Shariah in the entire legal system of the United Arab Emirates, including legislation, a judicial system, institutional, and administrative work.

Keywords: Islamic jurisprudence, Shariah, UAE civil code, UAE private law

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Authors: Rasha Alsabbah

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This study explores the relationship between polite language use and religion in the Iraqi culture in computer mediated communication. It tackles the speech acts where these expressions are employed, the frequency of their occurrence and the aims behind them. It also investigates if they have equivalent expressions in English and the possibility of translating them in intercultural communication. Despite the wide assumption that language is a reflection of culture and religion, it started to grant the attention sociologists during the recent 40 years when scholars have questioned the possible interconnection between religion and language in which religion is used as a mean of producing language and performing pragmatic functions. It is presumed that Arabs in general, and Iraqis in particular, have an inclination to use religious vocabulary in showing politeness in their greeting and other speech acts. Due to Islamic religion and culture’s influences, it is observed that Iraqis are very much concerned of maintaining social solidarity and harmonious relationships which make religion a politeness strategy that operates as the key point of their social behaviours. In addition, religion has found to influence almost all their interactions in which they have a tendency of invoking religious expressions, the lexicon of Allah (God), and Qur’anic verses in their daily politeness discourse. This aspect of Islamic culture may look strange, especially to people who come from individualist societies, such as England. Data collection in this study is based on messaging applications like Viber, WhatsApp, and Facebook. After gaining the approval of the participants, there was an investigation for the different aims behind these expressions and the pragmatic function that they perform. It is found that Iraqis tend to incorporate the lexicon of Allah in most of their communication. Such employment is not only by religious people but also by individuals who do not show strong commitment to religion. Furthermore, the social distance and social power between people do not play a significant role in increasing or reducing the rate of using these expressions. A number of these expressions, though can be translated into English, do not have one to one counterpart or reflect religious feeling. In addition, they might sound odd upon being translated or transliterated in oral and written communication in intercultural communication.

Keywords: computer mediated communication (CMC), intercultural communication, politeness, religion, situation bound utterances rituals, speech acts

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Authors: Rahmayanti, Theresia Simatupang, Ronald H. Sianturi

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

Keywords: burden of proof, perpetrator, corruption criminal act

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Authors: Abbas Ali Taghipoor Bafghi, Hosein Bakhoda, Fateme Khodaei Chegeni

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An experimental investigation is carried out to establish the performance characteristics of a compression ignition engine while using cerium oxide nano particles as additive in neat diesel and diesel-bio diesel blends. In the first phase of the experiments, stability of neat diesel and diesel-bio diesel fuel blends with the addition of cerium oxide nano particles are analyzed. After series of experiments, it is found that the blends subjected to high speed blending followed by ultrasonic bath stabilization improves the stability.In the second phase, performance characteristics are studied using the stable fuel blends in a single cylinder four stroke engine coupled with an electrical dynamo meter and a data acquisition system. The cerium oxide acts as an oxygen donating catalyst and provides oxygen for combustion. The activation energy of cerium oxide acts to burn off carbon deposits within the engine cylinder at the wall temperature and prevents the deposition of non-polar compounds on the cylinder wall results reduction in HC emissions. The tests revealed that cerium oxide nano particles can be used as additive in diesel and diesel-bio diesel blends to improve complete combustion of the fuel significantly.

Keywords: engine, cerium oxide, biodiesel, deposit

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Authors: Omnia Elkommos

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Language is communication on several discourse levels. The target of teaching a language and the literature of a foreign language is to communicate a message. Reading, appreciating, analysing, and interpreting poetry as a sophisticated rhetorical expression of human thoughts, emotions, and philosophical messages is more feasible through the use of linguistic pragmatic tools from a communicative discourse perspective. The poet's intention, speech act, illocutionary act, and perlocutionary goal can be better understood when communicative situational context as well as linguistic discourse structure theories are employed. The use of linguistic theories in the teaching of poetry is, therefore, intrinsic to students' comprehension, interpretation, and appreciation of poetry of the different ages. It is the purpose of this study to show how both teachers as well as students can apply these linguistic theories and tools to dramatic poetic texts for an engaging, enlightening, and effective interpretation and appreciation of the language. Theories drawn from areas of pragmatics, discourse analysis, embedded discourse level, communicative situational context, and other linguistic approaches were applied to selected poetry texts from the different centuries. Further, in a simple statistical count of the number of poems with dialogic dramatic discourse with embedded two or three levels of discourse in different anthologies outweighs the number of descriptive poems with a one level of discourse, between the poet and the reader. Poetry is thus discourse on one, two, or three levels. It is, therefore, recommended that teachers and students in the area of ESL/EFL use the linguistics theories for a better understanding of poetry as communicative discourse. The practice of applying these linguistic theories in classrooms and in research will allow them to perceive the language and its linguistic, social, and cultural aspect. Texts will become live illocutionary acts with a perlocutionary acts goal rather than mere literary texts in anthologies.

Keywords: coda, commissives, communicative situation, context of culture, context of reference, context of utterance, dialogue, directives, discourse analysis, dramatic discourse interaction, duologue, embedded discourse levels, language for communication, linguistic structures, literary texts, poetry, pragmatic theories, reader response, speech acts (macro/micro), stylistics, teaching literature, TEFL, terms of address, turn-taking

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Authors: Sulaiman Kassim Ibrahim

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Human Resource is one of the most important elements in any country. They are very important in actualizing the potential of every sector in the country, i.e Agric, Education, Finance, Judiciary and all formal and informal sectors. The purpose of this study is to investigate the loss of human resource in Nigeria through street begging. The study used intensive literature review. Finding from the review indicate that a significant number of human resource are into street begging in the country undeveloped and untapped. The paper recommend that policy should be initiated to discourage street begging, develop this resource through education and empowerment, stop rural-urban migration by providing infrastructure in the rural areas and abolish informal (Almajiri or beggars school) and transform it into formal school.

Keywords: human resource, street begging, Nigeria, Almajiri

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Authors: Ankita Verma

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Women transform the group of people into a family and a house into a home. When a woman embraces motherhood, she undergoes several stresses – both physical and mental. Therefore, to be supportive of women during this critical stage is a societal responsibility. India is in the league of many developed nations in formulating women-friendly policies. One such initiative is the Maternity Benefits Act; first passed in 1961 and later amended from time to time with the latest amended Act of 2017. This review paper critically analyzes provisions of the Act, its implementation, and the legal issues arising out of implementation of the Act. The review suggests that the Act has made a positive impact and the judiciary also has played its role in streamlining the process of implementation of the Act. However, at the same time, it is also felt that employers often hesitate in hiring a mother or an expectant mother.

Keywords: maternity benefits, maternity benefits act 1961 & 2017, motherhood, maternity and paternity leave, medical bonus, work environment

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Authors: Agata Twardoch

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The processes of commodification of real estate and changes in housing markets have led to a situation where the prices of free market housing in European capitals are significantly higher than the purchasing value of average wages. This phenomenon has many negative social and spatial consequences. At the same time, the attractiveness of real estate as an asset makes these processes progress. Out of concern for sustainable social development, city authorities apply solutions to balance the burdensome effects of codification of housing. One of them is a social provision for housing investments. The article presents a comparative study of solutions applied in selected European capitals, on the example of Warsaw, Paris, London, Berlin, Copenhagen, and Vienna. The study was conducted along with works on expert report for the master plan for Warsaw. The forms of commissions applied in Local Planning Acts were compared, with particular reference to spatial solutions. The results of the analysis made it possible to determine common features of the solutions applied and to establish recommendations for further practice. Major findings of the study indicate that requirement of social provision is achievable in spatial planning documents. Study shows that application of social provision in private housing investments is a useful tool in housing policy against commodification.

Keywords: affordable housing, housing provision, spatial planning, sustainable social development

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Authors: Rubaiyat Jahan, Nasreen Sultana Mitu

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This paper examines the theoretical construct of transformative practices, and reports some evidence of transformative practices from a couple of Bangladeshi English teachers. The idea of transformative practices calls for teachers’ capabilities to invest their intellectual labor in teaching with an assumption that along with the academic advancement of the learners, it aims for the personal transformation for both the learners as well for themselves. Following an ethnographic research approach, data for this study were collected through in-depth interviews, informal talks and classroom observations for a period of one year. In relevance to the English classroom of the Bangladeshi context, from this study, references of transformative practices have been underlined from the participant teachers’ views on English language teaching as well as from their actual practices. According to data of this research, some evidence of transformative practices in the form of critical language awareness and personal theories of practices emerge from the participants’ articulation of the beliefs on teaching; and from the participant teachers’ classroom practices evidence of self-directed acts of teaching, self-directed acts of professional development, and liberatory autonomy have been highlighted as the reflections of transformative practices. The implication of this paper refers to the significance of practicing teachers’ articulation of beliefs and views on teaching along with their orientation to critical pedagogical relations.

Keywords: critical language awareness, personal theories of practice, teacher autonomy, transformative practices

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Authors: Bellinda R. Chinowawa

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As part of a wider strategy to stifle civil society, Governments routinely resort to judicial harassment through the use of civil and criminal to impugn the integrity of human rights defenders and that of perceived political opponents. This phenomenon is rife in militarised or autocratic regimes where there is no tolerance for dissenting voices. Zimbabwe, ostensibly a presidential republic founded on the values of transparency, equality, freedom, is characterised by brutal suppression of perceived political opponents and those who assert their basic human rights. This is done through a wide range of tactics including unlawful arrests and detention, torture and other cruel, inhuman degrading treatment and enforced disappearances. Professionals including, journalists and doctors are similarly not spared from state attack. For human rights defenders, the most widely used tool of repression is that of judicial harassment where the judicial system is used to persecute them. This can include the levying of criminal charges, civil lawsuits and unnecessary administrative proceedings. Charges preferred against range from petty offences such as criminal nuisance to more serious charges of terrorism and subverting a constitutional government. Additionally, government sponsored individuals and organisations file strategic lawsuits with pecuniary implications order to intimidate and silence critics and engender self-censorship. Some HRDs are convicted and sentenced to prison terms, despite not being criminals in a true sense. While others are acquitted judicial harassment diverts energy and resources away from their human rights work. Through a consideration of statistical data reported by human rights organisations and face to face interviews with a cross section of human rights defenders, the article will map the incidence of judicial harassment in Zimbabwe. The article will consider the multi-level sociological and contextual factors which influence the Government of Zimbabwe to have easy recourse to criminal law and the debilitating effect of these actions on HRDs. These factors include the breakdown of the rule of law resulting in state capture of the judiciary, the proven efficacy of judicial harassment from colonial times to date, and the lack of an adequate redress mechanism at international level. By mapping the use of the judiciary as a tool of repression, from the inception of modern day Zimbabwe to date, it is hoped that HRDs will realise that they are part of a greater community of activists throughout the ages and should emboldened in the realisation that it is an age old tactic used by fallen regimes which should not deter them from calling for accountability.

Keywords: autocratic regime, colonial legacy, judicial harassment, human rights defenders

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Authors: Katherine Maurer

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Background and purpose: Violence that occurs within families is a global social problem. Children who are victims or witness to family violence are at risk for many negative effects both proximally and distally. One of the most disconcerting long-term effects occurs when child victims become adult perpetrators: the intergenerational transmission of family violence (ITFV). Early identification of those children most at risk for ITFV is needed to inform interventions to prevent future family violence perpetration and victimization. Only about 25-30% of child family violence victims become perpetrators of adult family violence (either child abuse, partner abuse, or both). Prior research has primarily been conducted using dichotomous measures of exposure (yes; no) to predict ITFV, given the low incidence rate in community samples. It is often assumed that exposure to greater amounts of violence predicts greater risk of ITFV. However, no previous longitudinal study with a community sample has tested a dose-response model of exposure to physical child abuse and parental physical intimate partner violence (IPV) using count data of frequency and severity of violence to predict adult ITFV. The current study used advanced statistical methods to test if increased childhood exposure would predict greater risk of ITFV. Methods: The study utilized 3 panels of prospective data from a cohort of 15 year olds (N=338) from the Project on Human Development in Chicago Neighborhoods longitudinal study. The data were comprised of a stratified probability sample of seven ethnic/racial categories and three socio-economic status levels. Structural equation modeling was employed to test a hurdle regression model of dose-response to predict ITFV. A version of the Conflict Tactics Scale was used to measure physical violence victimization, witnessing parental IPV and young adult IPV perpetration and victimization. Results: Consistent with previous findings, past 12 months incidence rates severity and frequency of interpersonal violence were highly skewed. While rates of parental and young adult IPV were about 40%, an unusually high rate of physical child abuse (57%) was reported. The vast majority of a number of acts of violence, whether minor or severe, were in the 1-3 range in the past 12 months. Reported frequencies of more than 5 times in the past year were rare, with less than 10% of those reporting more than six acts of minor or severe physical violence. As expected, minor acts of violence were much more common than acts of severe violence. Overall, regression analyses were not significant for the dose-response model of ITFV. Conclusions and implications: The results of the dose-response model were not significant due to a lack of power in the final sample (N=338). Nonetheless, the value of the approach was confirmed for the future research given the bi-modal nature of the distributions which suggest that in the context of both child physical abuse and physical IPV, there are at least two classes when frequency of acts is considered. Taking frequency into account in predictive models may help to better understand the relationship of exposure to ITFV outcomes. Further testing using hurdle regression models is suggested.

Keywords: intergenerational transmission of family violence, physical child abuse, intimate partner violence, structural equation modeling

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Authors: Nia Kurniati, Efa Laela Fakhriah

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The regulation in Indonesia provides space for the land dispute to be settled outside the court by the government through National Land. In this case, the bureaucrat of Badan Pertanahan Nasional (BPN) acts as mediator to reach a fair agreement between the disputing parties. Land dispute is from a party who denies the ownership of the other party of a land and denies legal-technical facts written on land certificate published by BPN. Appointing the bureaucrat of BPN as mediator in dispute settlements may possibly create conflict of interest since the object. It has become a concern since bureaucrat of BPN acts as mediator, he will be bias and partial in assisting the dispute settlement, thus the spirit and purposes of mediation will be hampered. This issue triggers to be thoroughly examined further in a relation with the role and function of BPN as land dispute mediator. The methodology used in this research is a normative-legal one with qualitative-legal analytical method. The object of this research is in the form of random sampling of land dispute cases being occurred in some areas. Several principles in mediation have to be made as the base of the consideration to appoint bureaucrat of BPN as mediator since the mediator is an impartial third party, working with both disputing parties and assisting them to reach a fair resolution written in agreement as a foundation of land dispute settlement. The existence of BPN as mediator in land dispute settlement encounters conflict of interest which uphold legal uncertainty to act objectively.

Keywords: Indonesia, land dispute, mediator, national land authority

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Authors: Michael Ruiz

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Many scholars view the French Revolution as the origins of ‘modern nationalism,’ citing the unprecedented rhetorical power of ‘the nation’ and the emergence of a centralized, modern nation-state during this time. They have also stressed the role of public education in promoting a national language and creating a sense of shared national identity among the masses. Yet as many cultural historians have shown, revolutionary leaders undertook an unprecedented campaign to overhaul French culture in the 1790s in order to cultivate these national ideals and inspire Republican virtues, in what has been called ‘political pedagogy.’ In contrast to scholars of nationalism, who emphasize formal education, revolutionaries attempted to translate abstract ideas of equality and liberty into palpable representations that would inundate everyday life, thereby serving as pedagogical tools. Material culture and everyday life became state apparatuses not just for winning over citizens’ hearts and minds, but for influencing the very formation of the citizen and their innermost ‘self.’ This paper argues that nationalism began in 1789, when ‘the self’ became a political concern and its formation a state project for cultivating political legitimacy. By broadening the meaning of ‘political pedagogy,’ this study brings together scholarship on nationalism with cultural history, thereby highlighting nations and nationalism as banal, palpable, quotidian phenomena and historicizing the complex emergence of ‘modern nationalism.’ Moreover, because the contemporary view of material culture and pedagogy was highly gendered, this study shows the role of culture in the development of a homosocial, male-dominated public sphere in the 19th century. The legacy of the French Revolution’s concern with culture thus persists as much in our vocabulary for political expression as it does in the material world, remaining deeply embedded in everyday day life as a crucial, nearly-invisible, component of nationalism.

Keywords: French Revolution, nationalism, political culture, material culture

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Authors: Jay Neil Garciso Verano, Peter Rosales Bobiles

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This study tried to integrate RA 9262 in literature through the use of film. It identified RA 9262 provisions reflected in the students’ concepts in their oral participation and written outputs and pointed out different attitudes toward violence against women and respect to women as shaped by the film through their responses. Four Literature 121 (World Literature) classes with more or less similar characteristics participated in this study. The discussion of Paulette Kelly’s I Got Flowers Today took place during the first session while the viewing of the film Enough and discussion of the film followed to enrich and bolster students’ concepts and awareness on violence against women and to introduce RA 9262 provisions. The students’ attitudes toward violence against women and respect to women were lifted from the students’ oral and written responses. The film Enough presented eight provisions from RA 9262 reflected in students’ concepts which centered on the acts of violence against women tarnishing women’s rights and dignity. There were 25 attitudes toward violence against women and respect to women which surfaced, 11 of which are what initiate the acts, seven tell about the results from or effects of violence against women, and another seven exemplify respect to women. With the findings, it can be viewed that RA 9262 can be integrated in a literature course to awaken students’ minds on the prevalent issues on violating women’s rights and dignity. The discussion of Paulette Kelly’s I Got Flowers Today reinforced by the viewing of Enough deduced issues on the violation of women’s rights and dignity, attitudes toward violence against women, and students’ perception with regard respect to women.

Keywords: anti-violence against women, literature, film, enough, feminism

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Authors: Sara Herrero Jaén, José María Santamaría García, María Lourdes Jiménez Rodríguez, Jorge Luis Gómez González, Adriana Cercas Duque, Alexandra González Aguna

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Background: Health concept has evolved throughout history. The health level is determined by the own individual perception. It is a dynamic process over time so that you can see variations from one moment to the next. In this way, knowing the health of the patients you care for, will facilitate decision making in the treatment of care. Objective: To design a technological tool that calculates the people health level in a sequential way over time. Material and Methods: Deductive methodology through text analysis, extraction and logical knowledge formalization and education with expert group. Studying time: September 2015- actually. Results: A computational tool for the use of health personnel has been designed. It has 11 variables. Each variable can be given a value from 1 to 5, with 1 being the minimum value and 5 being the maximum value. By adding the result of the 11 variables we obtain a magnitude in a certain time, the health level of the person. The health calculator allows to represent people health level at a time, establishing temporal cuts being useful to determine the evolution of the individual over time. Conclusion: The Information and Communication Technologies (ICT) allow training and help in various disciplinary areas. It is important to highlight their relevance in the field of health. Based on the health formalization, care acts can be directed towards some of the propositional elements of the concept above. The care acts will modify the people health level. The health calculator allows the prioritization and prediction of different strategies of health care in hospital units.

Keywords: calculator, care, eHealth, health

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Authors: O. F. Elkommos

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Teaching and learning EFL speaking modules is one of the most challenging productive modules for both instructors and learners. In a student-centered interactive communicative language teaching approach, learners and instructors should be aware of the fact that the target language must be taught as/for communication. The student must be empowered by tools that will work on more than one level of their communicative competence. Communicative learning will need a teaching and learning methodology that will address the goal. Teaching turn-taking rules, pragmatic principles and speech acts will enhance students' sociolinguistic competence, strategic competence together with discourse competence. Sociolinguistic competence entails the mastering of speech act conventions and illocutionary acts of refusing, agreeing/disagreeing; emotive acts like, thanking, apologizing, inviting, offering; directives like, ordering, requesting, advising, and hinting, among others. Strategic competence includes enlightening students’ consciousness of the various particular turn-taking systemic rules of organizing techniques of opening and closing conversation, adjacency pairs, interrupting, back-channeling, asking for/giving opinion, agreeing/disagreeing, using natural fillers for pauses, gaps, speaker select, self-select, and silence among others. Students will have the tools to manage a conversation. Students are engaged in opportunities of experiencing the natural language not as a mere extra student talking time but rather an empowerment of knowing and using the strategies. They will have the component items they need to use as well as the opportunity to communicate in the target language using topics of their interest and choice. This enhances students' communicative abilities. Available websites and textbooks now use one or more of these tools of turn-taking or pragmatics. These will be students' support in self-study in their independent learning study hours. This will be their reinforcement practice on e-Learning interactive activities. The students' target is to be able to communicate the intended meaning to an addressee that is in turn able to infer that intended meaning. The combination of these tools will be assertive and encouraging to the student to beat the struggle with what to say, how to say it, and when to say it. Teaching the rules, principles and techniques is an act of awareness raising method engaging students in activities that will lead to their pragmatic discourse competence. The aim of the paper is to show how the suggested pragmatic model will empower students with tools and systems that would support their learning. Supporting students with turn taking rules, speech act theory, applying both to texts and practical analysis and using it in speaking classes empowers students’ pragmatic discourse competence and assists them to understand language and its context. They become more spontaneous and ready to learn the discourse pragmatic dimension of the speaking techniques and suitable content. Students showed a better performance and a good motivation to learn. The model is therefore suggested for speaking modules in EFL classes.

Keywords: communicative competence, EFL, empowering learners, enhance learning, speech acts, teaching speaking, turn taking, learner centred, pragmatics

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Authors: Carla Lopes

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It is clear nowadays that the proper performance of different speech acts is one of the most difficult obstacles that a foreign language learner has to overcome to be considered communicatively competent. This communication presents the results of an investigation on the pragmatic performance of Portuguese Language students at the University of Macau. The research discussed herein is based on a survey consisting of fourteen speaking situations to which the participants must respond in writing, and that includes different types of speech acts: apology, response to a compliment, refusal, complaint, disagreement and the understanding of the illocutionary force of indirect speech acts. The responses were classified in a five levels Likert scale (quantified from 1 to 5) according to their suitability for the particular situation. In general terms, we can summarize that about 45% of the respondents' answers were pragmatically competent, 10 % were acceptable and 45 % showed weaknesses at socio-pragmatic competence level. Given that the linguistic deviations were not taken into account, we can conclude that the faults are of cultural origin. It is natural that in the presence of orthogonal cultures, such as Chinese and Portuguese, there are failures of this type, barely solved in the four years of the undergraduate program. The target population, native speakers of Cantonese or Mandarin, make their first contact with the English language before joining the Bachelor of Portuguese Language. An analysis of the socio - pragmatic failures in the respondents’ answers suggests the conclusion that many of them are due to the lack of cultural knowledge. They try to compensate for this either using their native culture or resorting to a Western culture that they consider close to the Portuguese, that is the English or US culture, previously studied, and also widely present in the media and on the internet. This phenomenon, known as 'pragmatic transfer', can result in a linguistic behavior that may be considered inauthentic or pragmatically awkward. The resulting speech act is grammatically correct but is not pragmatically feasible, since it is not suitable to the culture of the target language, either because it does not exist or because the conditions of its use are in fact different. Analysis of the responses also supports the conclusion that these students present large deviations from the expected and stereotyped behavior of Chinese students. We can speculate while this linguistic behavior is the consequence of the Macao globalization that culturally casts the students, makes them more open, and distinguishes them from the typical Chinese students.

Keywords: Portuguese foreign language, pragmatic failures, pragmatic transfer, pragmatic competence

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Authors: Mei-Hui Liu

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This study examines the effectiveness of a blended professional development program on preservice EFL (English as a foreign language) teachers’ learning to teach speech acts with the advent of Information and Communication Technology, researchers and scholars underscore the significance of integrating online and face-to-face learning opportunities in the teacher education field. Yet, a paucity of evidence has been documented to investigate the extent to which such a blended professional learning model may impact real classroom practice and student learning outcome. This yearlong project involves various stakeholders, including 25 preservice teachers, 5 English professionals, and 45 secondary school students. Multiple data sources collected are surveys, interviews, reflection journals, online discussion messages, artifacts, and discourse completion tests. Relying on the theoretical lenses of Community of Inquiry, data analysis depicts the nature and process of preservice teachers’ professional development in this blended learning community, which triggers and fosters both face-to-face and synchronous/asynchronous online interactions among preservice teachers and English professionals (i.e., university faculty and in-service teachers). Also included is the student learning outcome after preservice teachers put what they learn from the support community into instructional practice. Pedagogical implications and research suggestions are further provided based on the research findings and limitations.

Keywords: blended professional development, preservice EFL teachers, speech act instruction, student learning outcome

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Authors: Mingsiang Chen

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The increasing transactions among countries worldwide have brought about a trend of comparative law research in the legal community. An important branch of legal research, i.e., constitutional law, is no exception to the trend. The comparative study of constitutional law takes various forms, and one of these is to study the use of foreign law by constitutional courts. There are, in essence, three sources of foreign law usually used by constitutional courts: foreign constitutions, decisions by foreign constitutional courts, and legal theories developed by foreign scholars. There are two types of using foreign law by constitutional courts: citing any of the forenamed sources for reference purpose, ruling based on the contents or logic of any of the forenamed sources. This paper examines all the decisions handed down by the Constitutional Court of Taiwan from 1990 to 2017. Its purpose is to seek out the occasions, the extent, the significance, and the approach of such usage.

Keywords: comparative constitutional law, constitutional court, judicial review, Taiwan judiciary

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Authors: Pooja Bakshi

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In the following paper, an attempt would be made to engage with the relationship between the state and the imperatives of security from a gendered lens. This will be juxtaposed with the feminist engagement with International Law. Theorizations from the literature on South Asian politics and Global politics would be applied to the manner in which the Indian state has defined and proposed to deal with concerns of internal security pertaining to the ‘Left Wing Extremism’ in 2010-2011. It would be argued that the state needs to be disaggregated into the legislature, executive and the judiciary; since there are times when some institutional parts of the state provide space for progressive democratic engagement whilst other institutions don’t. The specific contours of violence faced by women and children at the hands of the state, in the above-mentioned discourse would also be examined. In the end, implications of the security state discourse on debates in International Law would be elaborated.

Keywords: feminist engagement, human rights, state response to left extremism, security studies in South Asia

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Authors: Charlotte Lülf

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Migration flows cannot be tackled by single states but need to be addressed as a transnational and international responsibility. However, the current international framework staggers. Widely excluded from legal protection are people that flee from the indiscriminate effects of an armed conflict as well as people fleeing natural disasters. This paper as part of an on-going PhD Project deals with the current and partly contradicting approaches to the protection of so-called war- and climate refugees in the European Union. The analysis will emphasize and evaluate the role of the European judiciary to define, redefine and potentially expand legal protection. Changing jurisprudential practice of national and regional courts will be assessed, as will be their dialogue to interpret the international obligations of human rights law, migration laws and asylum laws in an interacting world.

Keywords: human rights law, asylum law, migration, refugee protection

Procedia PDF Downloads 241