Search results for: customary language

Authors: Nqobizwe Mvelo Ngema

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Botswana has a dual legal system, one based on customary law and the other on the received law. This appears clearly from the Constitution that ring-fenced customary law from any constitutional scrutiny. A customary practice may continue even if it discriminates against women and children. As a result of this, numerous human rights of children are infringed. Firstly, if parents are married under customary law and separated, the custody is granted to the father and the mother merely having the right to visit. Secondly, female children are not entitled to inherit property. Thirdly, there is no age for marriage under customary law and even a child at the age of 10 years can get married. Lastly, marital power of a husband still continues under customary law and therefore females are still treated as perpetual minors. The latter infringement of rights is not in the best interests of children and conflicts with Botswana’s international obligations. Botswana is a signatory of various international and regional human rights instruments and it is suggested that it has to accelerate the incorporation of human rights instruments into domestic law in order to safeguard the best interest of children.

Keywords: custody, marital power, children's best interest, customary law

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Authors: S. S. Ramis Rauf

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This study will be explained the role of local wisdom in Tolakinese customary law on customs offense. The scope of this study was the informants who have a conflict located in Southeast Sulawesi. Then, their conflicts were resolved by using Kalosara tradition. The method of this study was a qualitative research by applying the techniques of deep interviews, revealing experiences and stories from informants, interviews customary leaders who are skilled and experienced in the customary settlement process of Kalosara tradition. Kalosara, as Tolakinese local wisdom, has contained in Tolakinese customary law. Kalosara was the application of customary law which was guided by Tolaki’s people when there was a problem. Knowledge and understanding of the customs have been conceived as something that comes from the ancestors. They created custom rules based on the law of Allah SWT for the elderly to do with full of awareness. Then, it was hereditary obeying by their children from generation to generation. The conflict occurred because of several things, namely bad words, aspersion, and other violations (such as harassment and affair). In custom settlement process, kalosara was done by using the enforcement of Tolakinese customary law that managed within an institution. It was called as Sara Wonua. It led by someone who was called as Pu'utobu that serves as a customary leader.

Keywords: kalosara, conflict resolution, tradition, unity, diversity

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Authors: Biswanath Gupta, Raju Kd

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Space law is the new entry in the basket of international law in the latter half of the 20th Century. In the last hundred and fifty years, courts and scholars developed a consensus that, the custom is an important source of international law. Article 38(1) (b) of the statute of the International Court of Justice recognized international custom as a source of international law. State practices and usages have a greater role to play in formulating customary international law. This paper examines those state practices which can be qualified to become international customary law. Since, 1979 (after Moon Treaty) no hard law have been developed in the area of space exploration. It tries to link between state practices and custom in space exploration and development of customary international law in space activities. The paper uses doctrinal method of legal research for examining the current questions of international law. The paper explores different international legal documents such as General Assembly Resolutions, Treaty principles, working papers of UN, cases relating to customary international law and writing of jurists relating to space law and customary international law. It is argued that, principles such as common heritage of mankind, non-military zone, sovereign equality, nuclear weapon free zone and protection of outer space environment, etc. developed state practices among the international community which can be qualified to become international customary law.

Keywords: customary international law, state practice, space law, treaty

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Authors: Khaled M. Alhawiti

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Reading capability is a major segment of language competency. On the other hand, discovering topical writings at a fitting level for outside and second language learners is a test for educators. We address this issue utilizing natural language preparing innovation to survey reading level and streamline content. In the connection of outside and second-language learning, existing measures of reading level are not appropriate to this errand. Related work has demonstrated the profit of utilizing measurable language preparing procedures; we expand these thoughts and incorporate other potential peculiarities to measure intelligibility. In the first piece of this examination, we join characteristics from measurable language models, customary reading level measures and other language preparing apparatuses to deliver a finer technique for recognizing reading level. We examine the execution of human annotators and assess results for our finders concerning human appraisals. A key commitment is that our identifiers are trainable; with preparing and test information from the same space, our finders beat more general reading level instruments (Flesch-Kincaid and Lexile). Trainability will permit execution to be tuned to address the needs of specific gatherings or understudies.

Keywords: natural language processing, trainability, syntactic simplification tools, education

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Authors: Md. Reduanul Haque

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In recent time, more and more refugees are emerging in the international arena than the times ever that has come into the notice of world scholars. The prevailing customary solutions such as voluntary repatriation, local integration, and resettlement of refugee problem have been reflected unsustainable one for the lack of regional cooperation. In the international arena, the protraction of refugee problems is seen, and refugees are suffering due to the outrageous process of customary refugee solutions. If the regional cooperation can be developed, then the suffering of the refugees can be mitigated by the contribution of neighboring country and international and regional organizations. Data collected from the various secondary sources have been used throughout the research. It has been discussing in the refugee academia for a long time to develop regional cooperation mechanisms to ensure the sustainability of this solution and to make the environment of the country of origin for suitable voluntary repatriation as well as a durable solution. It is mainly qualitative research based on primary and secondary data will be studied on library-based project. Data collected by such methodology on this study indicates to make a bridge between the gaps of the cooperation mechanism and to make a more regional approach to share the burden and to strengthen the customary refugee solution. Hence, the importance of questing for a regional mechanism is to ensure the responsible countries to be more responsible towards refugees, their human rights, and durable solution under the mandate of the UNHCR. To implement effectively all the customary durable solutions, country to country or regional organization to organization based regional cooperation can be developed where the countries and regional organizations will work together to draw a sustainable solution to this problem in international context.

Keywords: refugee, regional cooperation, sustainable implementation, customary solutions, international arena

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Authors: Hamid Vahidkia

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Central to the World Court’s mission is the assurance of universal custom “as prove of a common hone acknowledged as law.” Understudies of the Court’s law have long been mindful that the Court has been superior at applying standard law than characterizing it. However until Nicaragua v. Joined together States, small hurt was done. For within the strongly challenged cases earlier to Nicaragua, the Court overseen to inspire commonalities in factious structure that floated its decisions toward the standard standards certain in state hone. The Court’s need of hypothetical unequivocality basically implied that a career opportunity emerged for a few eyewitnesses like me to endeavor to supply the lost hypothesis of custom.

Keywords: law, international law, jurisdication, customary

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Authors: Inuwa Danladi Bawa

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One of the challenges of African states in the development of education in the past and the present is the problem of literacy. Literacy in the first language is seen as a strong base for the development of second language; they are mostly the language of education. Language development is an offshoot of language planning; so the need to develop literacy in both first and second language affects language education and predicts the extent of achievement of the entire education sector. The need to balance literacy acquisition in first language for good conditioning the acquisition of second language is paramount. Likely constraints that includes; non-standardization, underdeveloped and undeveloped first languages are among many. Solutions to some of these include the development of materials and use of the stages and levels of literacy acquisition. This is with believed that a child writes well in second language if he has literacy in the first language.

Keywords: first language, second language, literacy, english language, linguistics

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Authors: Diyah Atiek Mustikawati

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Language register refers to a variety of a language used for particular purpose or in a particular social setting. Language register also means as a concept of adapting one’s use of language to conform to standards or tradition in a given professional or social situation. This descriptive study tends to discuss about the form of language register in transportation aspect, factors, also the function of use it. Mostly, language register in transportation aspect uses short sentences in form of informal register. The factor caused language register used are speaker, word choice, background of language. The functions of language register in transportations aspect are to make communication between crew easily, also to keep safety when they were in bad condition. Transportation language register developed naturally as one of variety of language used.

Keywords: language register, language variety, communication, transportation

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Authors: Siti Rodliyah, Andrik Purwasito, Bani Sudardi, Abdullah Wakit

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This study employs sociological-ethnographic basic method and the cultural studies paradigm as the approach in understanding the habitus within the customary marriage of the East Nusa Tenggara society who require belis as a bride-price. The conceptual basis underlying the application of habitus theory and symbolic power in East Nusa Tenggara (NTT) society refers to the Bourdieu’s framework. This study is a result of participatory observation on habitus of a marital system using belis observed by the NTT society as a cognitive structure which connects individuals to the social activities of the customary marriage and makes it unquestionable habits. Knowledge of the social world under the pretext of prosperity for the recipients (family) of a bride-price can be a political instrument for the sustainability of power relations. The ritual-mythical system in the society has never been fully present as a neutral habit. The habitus reflected in the marital relationship among the NTT society enables the men to obtain and exercise their power relations. The sustainability of power relations can be seen from the representation of the social status of a girl and the properties attached to her. This is what gave birth to a symbolic rule, in which the social rules about bride-price or belis eventually will serve the interests of those who occupy a dominant position in the social structure, namely the rich men.

Keywords: belis, habitus, East Nusa Tenggara, marital system, power, symbolic

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Authors: Farhat Jabeen, Syed Asfaq Hussain Bukhari

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In the wake of the contemporary period the basic objective of the research paper points out that socio-cultural scenario of Pakistan reveals that gender-based violence is deep rooted in the society irrespective of language and ethnicity. This paper would reconnaissance the possibility reforms in Pakistan for diminishing of violence. Women are not given their due role, rights, and respect. Furthermore, they are treated as chattels. This presentation will cover the socio-customary practices in the context of discrimination, stigmatization, and violence against women. This paper envisages justice in a broader sense of recognition of rights for women, and masculine structure of society, socio-customary practices and discrimination against women are a very serious concern which needs to be understood as a multidimensional problem. The paper will specially focus on understanding the existing obstacles of women in Pakistan in the constitutional scenario. Women stumble across discrimination and human rights manipulations, voluptuous violation and manipulation including domestic viciousness and are disadvantaged by laws, strategies, and programming that do not take their concerns into considerations. This presentation examines the role of honour killings among Pakistani community. This affects their self-assurance and capability to elevation integrity campaign where gender inequalities and discrimination in social, legal domain are to be put right. This paper brings to light the range of practices, laws and legal justice regarding the status of women and also covers attitude towards compensations for murders/killings, domestic violence, rape, adultery, social behavior and recourse to justice.

Keywords: discrimination, cultural, women, violence

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Authors: A. Attahiru, Rabi Abdullahi Danjuma, Fatima Bint

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Language and culture are two concepts which are closely related that one affects the other. This paper attempts to examine the definition of language and culture by discussing the relationship between them. The paper further presents some instructional strategies for the teaching of language and culture as well as the influence of culture on language. It also looks at its implication to language education and finally some recommendation and conclusion were drawn.

Keywords: culture, language, relationship, strategies, teaching

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Authors: Adil Ishag

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Diglossia emerges in a situation where two distinctive varieties of a language are used alongside within a certain community. In this case, one is considered as a high or standard variety and the second one as a low or colloquial variety. Arabic is an extreme example of a highly diglossic language. This diglossity is due to the fact that Arabic is one of the most spoken languages and spread over 22 Countries in two continents as a mother tongue, and it is also widely spoken in many other Islamic countries as a second language or simply the language of Quran. The geographical variation between the countries where the language is spoken and the duality of the classical Arabic and daily spoken dialects in the Arab world on the other hand; makes the Arabic language one of the most diglossic languages. This paper tries to investigate this phenomena and its relation to learning Arabic as a first and second language.

Keywords: Arabic language, diglossia, first and second language, language learning

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Authors: Evgeny Pyshkin, Maxim Mozgovoy, Vladislav Volkov

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The paper follows a discourse on computer-assisted language learning. We examine problems of foreign language teaching and learning and introduce a metamodel that can be used to define learning models of language grammar structures in order to support teacher/student interaction. Special attention is paid to the concept of a virtual language lab. Our approach to language education assumes to encourage learners to experiment with a language and to learn by discovering patterns of grammatically correct structures created and managed by a language expert.

Keywords: computer-assisted instruction, language learning, natural language grammar models, HCI

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Authors: Uche A. Nnawulezi

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This paper examines an essential and complex part of International humanitarian law standards of military necessity. Military necessity is an unpredictable phenomenon. The unpredictability of this regulation likewise originates from the fact that is one of the most fundamental, yet most misjudged and distorted standards of international law of armed conflict. This rule has been censured as essentially wrong in light of its non-compliance with the principles of international humanitarian law in recent past. The author noted in this study that military necessity runs counter to humanitarian exigencies. These have generated debate among researchers for them to propose that for international law to be considered more important, it is indispensable that the procedures and substance of custom be illuminated and made accessible to every one of the individuals who may utilize it or be influenced by it. However, a significant number of analysts have attributed particular weaknesses to this doctrine. This study relied on both primary and secondary sources of data collection. Significantly, the recommendation made in this paper, if completely adopted, shall go a long way in guaranteeing a better application of the principles of international humanitarian law.

Keywords: military necessity, international law, international humanitarian law, customary law

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Authors: Sreerakuvandana Vandana

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Although the term third gender is relatively new, the language that is in use has already made its way to the concept of identity. With the vast recognition and the transparency in expressing their identity without a tint of embarrassment, it is highly essential to take into account the idea of “identity” and “language”. The community however picks up language as a tool to assert their presence in the “mainstream”, albeit contradictory practices. The paper is an attempt to see how Koti claims and tries to be a language just like any other language. With that, it also identifies how the community wants to be identified as a unique group, but yet want to remain grounded to the ‘mainstream’. The work is an attempt to bring out the secret language of the LGBT community and understand their desire to be recognized as "main stream." The paper is also an attempt to bring into light this language and see if it qualifies to be a language at all.

Keywords: identity, language, queer, transgender

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Authors: Elena Ginghina

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There are two major categories of language acquisition: first and second language acquisition, which distinguish themselves in their learning process and in their ultimate attainment. However, in the case of a bilingual child, one of the languages he grows up with receives gradually the features of a second language. This phenomenon characterizes the successive first language acquisition, when the initial state of the child is already marked by another language. Nevertheless, the dominance of the languages can change throughout the life, if the exposure to language and the quality of the input are better in 2L1. Related to the exposure to language and the quality of the input, there are cases even at the simultaneous bilingualism, where the two languages although learned from birth one, differ from one another at some point. This paper aims to see, what makes a 2L1 to become a second language and under what circumstances can a L2 learner reach a native or a near native speaker level.

Keywords: bilingualism, first language acquisition, native speakers of German, second language acquisition

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Authors: Thomas Abbey

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This paper is part of an ongoing research addressing the experience of language learners in developing a sense of language ownership in their second language. For the majority of language learners, the main goal of learning a second or foreign language is to develop proficiency in the target language. Language proficiency comprises numerous intersecting competency skills ranging from causally listening to speaking using certain registers. This autoethnography analyzes lived experiences related to transitioning from learning a language in a classroom to being in an environment where the researcher's second language is the primary means of communication. Focused on lived experiences, the purpose of this research is to provide an insight into the experiences of language learners entering new environments and needing to navigate life within another language. Through reflections, this paper offers a critical account of experience traveling to Baku, Azerbaijan as a Russian language learner. The analysis for this paper focuses on the development of a sense of language ownership.

Keywords: autoethnography, language learning, language ownership, transformative learning

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Authors: Sheryl Bernardo-Hinesley

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Heritage language learners are students who have been raised in a home where a minority language is spoken, who speaks or merely understand the minority heritage language, but to some degree are bilingual in the majority and the heritage language. In view of the rising university enrollment by Hispanics in the United States who have chosen to study Spanish, university language programs are currently faced with challenges of accommodating the language needs of heritage language learners of Spanish. The present study investigates the heritage language perception and language attitudes by heritage language learners of Spanish, as well as their classroom language learning experiences and needs. In order to carry out the study, a qualitative survey was used to gather data from university students. Analysis of students' responses indicates that heritage learners are motivated to learn the heritage language. In relation to the aspects of focus of a language course for heritage learners, results show that the aspects of interest are accent marks and spelling, grammatical accuracy, vocabulary, writing, reading, and culture.

Keywords: heritage language learners, language acquisition, linguistic attitudes, Spanish in the US

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Authors: Su-Lien Liao

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This article explores the language in the four plays of Samuel Beckett–Waiting for Godot, Endgame, Krapp’s Last Tape, and Footfalls. It considers the way in which Beckett uses language, especially through fragmentation utterances, repetitions, monologues, contradictions, and silence. It discusses the function of language in modern society, in the theater of the absurd, and in the plays. Paradoxically enough, his plays attempts to communicate the incommunicability of language.

Keywords: language, Samuel Beckett, theater of the absurd, foreign language teaching

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Authors: Reza Khani, Ziba Hosseini

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Ever since the importance of language learning strategy instruction (LLS) has been distinguished, there has been growing interest on how to teach LLS in language learning classrooms. So thus this study attempted to implement language strategy instruction based on CALLA approach for Iranian EFL learners in a real classroom setting. The study was testing the hypothesis that strategy instruction result in improved linguistic strategy of students. The participant of the study were 240 EFL learners who received language learning instruction for four months. The data collected using Oxford strategy inventory for language learning. The results indicated the instruction had statistically significant effect on language strategy use of intervention group who received instruction.

Keywords: CALLA, language learning strategy, language learning strategy instruction, Iranian EFL language strategy

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Authors: Odoh Dickson Akpegi

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The paper is about the need for an indigenous language in order to meaningfully harness both our human and material resources for the nation’s integration. It then examines the notty issue of the national language question and advocates a piece meal approach in solving the problem. This approach allows for the development and use of local languages in minority areas, especially in Benue State, as a way of preparing them for consideration as possible replacement for English language as Nigeria’s national or official language. Finally, an arrangement to follow to prepare the languages for such competition at the national level is presented.

Keywords: indigenous language, English language, official language, National integration

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Authors: Akbarnejad Neda

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A foreign language acquisition occurs when we can tell a joke and understand it. Most jokes are told in slang and common language. In the process of foreign language acquisition, an autonomous learner try to learn the standard language. But there is a colossal divergence between the usage of the different types of language in society. Here, we investigate the french slang and common language and examine the accurate perception of their usage. We illuminate the slang language in the french literature that provide considerably different types of language for an autonomous learner. We provide furthermore evidence from the french novels that demonstrate properly the different types of language and give in one sentence its social meanings. For example, the famous Queneau expression « Doukipudonktant » present the impact of slang language in society. The characters in the novel transfer the slang and the common language and their accurate usages. We present that the language of the autonomous learner depends on the language of the text that is read. Because literature is a vehicle of the culture and the expression demonstrate their real significations and usage in the culture, slang and common language have a crucial role in the culture and all of them are manifested in the oral language.

Keywords: common language, french, humor, slang language

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Authors: Badriah Khaleel

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Language acquisition is one of the most striking aspects of human development. It is a startling feat, which has engrossed the attention of linguists for generations. The present study will explore the hidden identities and attributes of nonverbal gestures. The current research will reflect the significant role of body language as not mere body gestures or facial expressions but as the first language of humanity.

Keywords: a startling feat, a new horizon for linguists to rethink, explore the hidden identities and attributes of non-verbal gestures, English as a third language, the first language of humanity

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Authors: Sherri Franklin-Guy

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The emergence of language in young children has been well-documented and play-based activities that support its continued development have been utilized in the clinic-based setting. Speech-language pathologists have long used such activities to stimulate the production of language in children with speech and language disorders via modeling and elicitation tasks. This presentation will examine the importance of play in the development of language in young children, including social and pragmatic communication. Implications for clinicians and educators will be discussed.

Keywords: language development, language stimulation, play-based activities, symbolic play

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Authors: Ana Maghfiroh

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Learning a foreign language needs a big effort from the learner itself to make their language ability grows better day by day. Among those, they also need a support from all around them including teacher, friends, as well as activities which support them to speak the language. When those activities developed well as a habit which are done regularly, it will help improving the students’ language competence. It was a qualitative research which aimed to find out and describe some activities implemented in Pesantren Al Mawaddah, Ponorogo, in order to teach the students a foreign language. In collecting the data, the researcher used interview, questionnaire, and documentation. From the study, it was found that Pesantren Al Mawaddah had successfully built the language habit on the students to speak the target language. More than 15 hours a day students were compelled to speak foreign language, Arabic or English, in turn. It aimed to habituate the students to keep in touch with the target language. The habit was developed through daily language activities, such as dawn vocabs giving, dictionary handling, daily language use, speech training and language intensive course, daily language input, and night vocabs memorizing. That habit then developed the students awareness towards the language learned as well as promoted their language mastery.

Keywords: habit, communicative competence, daily language activities, Pesantren

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Authors: Oublal Ali

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Due scholarly attention given to Ludwig Wittgenstein since the appearance of Tractatus is resulted from revolutionary shift he has made in the conception of language. True, his first and foremost concern was to solve the issue of language philosophers failed to recognize. Not only Tracturain’s approach to language that argues for philosophers failure of understanding the logic of language, but also his later conception which is developed in philosophical investigations and the reminder of all his remarks. On such a basis, it is claimed that Wittgenstein’s theory of language should not be confined to the language within philosophical streams with this premise we therefore propose to analytically read one of the literary propositions in the sympathizer as linguistic corpus. Our investigation of the literary proposition weaves us into claiming that Wittgenstein’s language games -later philosophy- is apposite to the analysis of literary works thanks to the shift Wittgenstein has made from demarcated use of language to the multiplicity and non-uniformity of its use.

Keywords: language, context, use, language games, literary propositions

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Authors: Ozlem Bozok, Yusuf Bozok

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The importance of using mother tongue and translation in foreign language classrooms cannot be ignored and translation can be utilized as a method in English Language Teaching courses. There exist researches advocating or objecting to the use of translation in foreign language learning but they all have a point in common: Translation should be used as an aid to teaching, not an end in itself. In this research, prospective English language teachers’ opinions about translation use and use of mother tongue in foreign language teaching are investigated and according to the findings, some explanations and recommendations are made.

Keywords: exposure to foreign language translation, foreign language learning, prospective teachers’ opinions, use of L1

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Authors: Wajiha Fatima

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Various approaches and methods for second language classroom teaching have been proposed since the nineteenth century. Task Based Language Teaching has been prevailing approach in a second language classroom context. It is an approach which immerses students in a naturalistic setting. Tasks are the core unit of planning and instruction. This paper aims at expounding the concept of Task Based Language Teaching and how it has been evolved. In this study, researcher will highlight the usefulness of TBLT and the role it played as a powerful tool for learning and teaching in a second language setting. The article will reflect the implementation of various tasks based activities as well as the roles played by learners and teachers and the problems faced by them. In the end, researcher will discuss how TBLT can be implemented in second language classroom pedagogy.

Keywords: implementation, second language classroom, tasks, task based language teaching

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Authors: Lee Bih Ni, Kiu Su Na

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This paper discusses the Chinese Language Teaching as a Second Language by focusing on Immersion Teaching. Researchers used narrative literature review to describe the current states of both art and science in focused areas of inquiry. Immersion teaching comes with a standard that teachers must reliably meet. Chinese language-immersion instruction consists of language and content lessons, including functional usage of the language, academic language, authentic language, and correct Chinese sociocultural language. Researchers used narrative literature reviews to build a scientific knowledge base. Researchers collected all the important points of discussion, and put them here with reference to the specific field where this paper is originally based on. The findings show that Chinese Language in immersion teaching is not like standard foreign language classroom; immersion setting provides more opportunities to teach students colloquial language than academic. Immersion techniques also introduce a language’s cultural and social contexts in a meaningful and memorable way. It is particularly important that immersion teachers connect classwork with real-life experiences. Immersion also includes more elements of discovery and inquiry based learning than do other kinds of instructional practices. Students are always and consistently interpreted the conclusions and context clues.

Keywords: a second language, Chinese language teaching, immersion teaching, instructional strategies

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Authors: Lizelle Ramaccio Calvino

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Article 3 of the United Nations Convention on the Rights of Child states that 'The best interests of the child must be a top priority in all decisions and actions that affect children.' This stance is also echoed in terms of article 20 of the African Charter on the Rights and Welfare of the Child. South Africa, as a signatory of the aforesaid international and national conventions, constitutionalised the best interest of the child in terms of section 28(2) of the Republic of South Africa, 1996. Section 28(2) provides that '[A] child’s best interests are of paramount importance in every matter concerning the child.' The application of 'the best interests of the child' principle is consequently applicable in all fields of South African law, including matrimonial law. Two separate but equal Acts regulate civil marriages in South Africa, namely the Marriage Act 25 of 1961 and the Civil Union Act 17 of 2006. Customary marriages are regulated by the Recognition of Customary Marriages Act 120 of 1998. In terms of the Marriage Act and the Recognition of Customary Marriages Act, a minor may (provided he/she obtains the required consent) enter into a marriage. Despite the aforesaid, section 1 of the Civil Union Act categorically prohibits a minor from entering into a civil union. The article will first determine whether the ban of minors from entering into a civil union undermines the 'the best interests of the child' principle, and if so, whether it is in violation of the Constitution as well as international and national conventions. In addition, the article will critically analyse whether the application of the Marriage Act and the Civil Union Act (dual Acts) result in disparity within the South African marriage law framework, and if so, whether such discrepancy violates same-sex couples’ right (in particular a same-sex minor) to equality before the law and to have their dignity protected. The article intends, through the application of a qualitative research methodology and by way of a comparative analyses of international and domestic laws, consider whether a single well-defined structure such as the Dutch marriage law system would not be an improved alternative to address the existing paradox resulting from the application of an Act that undermines 'the best interest of the child' principle. Ultimately the article proposes recommendations for matrimonial law reform.

Keywords: best interests of the child, civil marriage, civil union, minor

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