Search results for: interpretation of statutes
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1065

Search results for: interpretation of statutes

945 A Fine String between Weaving the Text and Patching It: Reading beyond the Hidden Symbols and Antithetical Relationships in the Classical and Modern Arabic Poetry

Authors: Rima Abu Jaber-Bransi, Rawya Jarjoura Burbara

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This study reveals the extension and continuity between the classical Arabic poetry and modern Arabic poetry through investigation of its ambiguity, symbolism, and antithetical relationships. The significance of this study lies in its exploration and discovering of a new method of reading classical and modern Arabic poetry. The study deals with the Fatimid poetry and discovers a new method to read it. It also deals with the relationship between the apparent and the hidden meanings of words through focusing on how the paradoxical antithetical relationships change the meaning of the whole poem and give it a different dimension through the use of Oxymorons. In our unprecedented research on Oxymoron, we found out that the words in modern Arabic poetry are used in unusual combinations that convey apparent and hidden meanings. In some cases, the poet introduces an image with a symbol of a certain thing, but the reader soon discovers that the symbol includes its opposite, too. The question is: How does the reader find that hidden harmony in that apparent disharmony? The first and most important conclusion of this study is that the Fatimid poetry was written for two types of readers: religious readers who know the religious symbols and the hidden secret meanings behind the words, and ordinary readers who understand the apparent literal meaning of the words. Consequently, the interpretation of the poem is subject to the type of reading. In Fatimid poetry we found out that the hunting-journey is a journey of hidden esoteric knowledge; the Horse is al-Naqib, a religious rank of the investigator and missionary; the Lion is Ali Ibn Abi Talib. The words black and white, day and night, bird, death and murder have different meanings and indications. Our study points out the importance of reading certain poems in certain periods in two different ways: the first depends on a doctrinal interpretation that transforms the external apparent (ẓāher) meanings into internal inner hidden esoteric (bāṭen) ones; the second depends on the interpretation of antithetical relationships between the words in order to reveal meanings that the poet hid for a reader who participates in the processes of creativity. The second conclusion is that the classical poem employed symbols, oxymora and antonymous and antithetical forms to create two poetic texts in one mold and form. We can conclude that this study is pioneering in showing the constant paradoxical relationship between the apparent and the hidden meanings in classical and modern Arabic poetry.

Keywords: apparent, symbol, hidden, antithetical, oxymoron, Sophism, Fatimid poetry

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944 Exploring the Use of Digital Tools for the Analysis and Interpretation of the Poems of Seamus Heaney

Authors: Ashok Sachdeva

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This research paper delves into the application of digital tools, especially Voyant Tools and AntConc version 4.0, for the analysis and interpretation of Seamus Heaney's poems. Scholars and literary aficionados can acquire deeper insights into Heaney's writings by utilising these tools, revealing hidden nuances and improving their knowledge. This paper outlines the methodology used, presents sample analyses and evaluates the merits and limitations of using digital tools in literary analysis. The combination of traditional close reading with digital analysis tools promises to offer new paths for understanding Heaney's vast tapestry of poetry. Seamus Heaney, a Nobel winner known for his vivid poetry, provides a treasure mine of literary discovery. The advent of digital tools gives an exciting opportunity to reveal previously unknown layers of meaning within his works. This paper investigates the use of Voyant Tools and AntConc version 4.0 to analyse and understand Heaney's writings, demonstrating the symbiotic relationship between traditional literary analysis and cutting-edge digital methodologies. Methodology: To demonstrate the efficiency of digital tools in the analysis of Heaney's poetry, a sample of his notable works will be entered into Voyant Tools and AntConc version 4.0. The former provides a graphic representation of word frequency, word clouds, and patterns over numerous poems. The latter, a concordance tool, enables detailed linguistic analysis, revealing patterns, and linguistic subtleties.

Keywords: digital tools, resonance, assonance, alliteration, creative quotient

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943 Calculating Approach of Thermal Conductivity of 8 YSZ in Different Relative Humidities Corresponding to Low Water Contents

Authors: Yun Chol Kang, Myong Nam Kong, Nam Chol Yu, Jin Sim Kim, Un Yong Paek, Song Ho Kim

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This study focuses on the calculating approach of the thermal conductivity of 8 mol% yttria-stabilized zirconia (8YSZ) in different relative humidity corresponding to low water contents. When water content in 8YSZ is low, water droplets can accumulate in the neck regions. We assume that spherical water droplets are randomly located in the neck regions formed by grains and surrounded by the pores. Based on this, a new hypothetical pore constituted by air and water is proposed using the microstructural modeling. We consider 8YSZ is a two-phase material constituted by the solid region and the hypothetical pore region where the water droplets are penetrated in the pores, randomly. The results showed that the thermal conductivity of the hypothetical pore is calculated using the parallel resistance for low water contents, and the effective thermal conductivity of 8YSZ material constituted by solid and hypothetical pore in different relative humidities using EMPT. When the numbers of water layers on the surface of 8YSZ are less than 1.5, the proposed approach gives a good interpretation of the experimental results. When the theoretical value of the number of water layers on 8YSZ surface is 1, the water content is not enough to cover the internal solid surface completely. The proposed approach gives a better interpretation of the experimental results in different relative humidities that numbers of water layers on the surface of 8YSZ are less than 1.5.

Keywords: 8YSZ, microstructure, thermal conductivity, relative humidity

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942 Accentuation Moods of Blaming Utterances in Egyptian Arabic: A Pragmatic Study of Prosodic Focus

Authors: Reda A. H. Mahmoud

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This paper investigates the pragmatic meaning of prosodic focus through four accentuation moods of blaming utterances in Egyptian Arabic. Prosodic focus results in various pragmatic meanings when the speaker utters the same blaming expression in different emotional moods: the angry, the mocking, the frustrated, and the informative moods. The main objective of this study is to interpret the meanings of these four accentuation moods in relation to their illocutionary forces and pre-locutionary effects, the integrated features of prosodic focus (e.g., tone movement distributions, pitch accents, lengthening of vowels, deaccentuation of certain syllables/words, and tempo), and the consonance between the former prosodic features and certain lexico-grammatical components to communicate the intentions of the speaker. The data on blaming utterances has been collected via elicitation and pre-recorded material, and the selection of blaming utterances is based on the criteria of lexical and prosodic regularity to be processed and verified by three computer programs, Praat, Speech Analyzer, and Spectrogram Freeware. A dual pragmatic approach is established to interpret expressive blaming utterance and their lexico-grammatical distributions into intonational focus structure units. The pragmatic component of this approach explains the variable psychological attitudes through the expressions of blaming and their effects whereas the analysis of prosodic focus structure is used to describe the intonational contours of blaming utterances and other prosodic features. The study concludes that every accentuation mood has its different prosodic configuration which influences the listener’s interpretation of the pragmatic meanings of blaming utterances.

Keywords: pragmatics, pragmatic interpretation, prosody, prosodic focus

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941 2D Numerical Modeling of Ultrasonic Measurements in Concrete: Wave Propagation in a Multiple-Scattering Medium

Authors: T. Yu, L. Audibert, J. F. Chaix, D. Komatitsch, V. Garnier, J. M. Henault

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Linear Ultrasonic Techniques play a major role in Non-Destructive Evaluation (NDE) for civil engineering structures in concrete since they can meet operational requirements. Interpretation of ultrasonic measurements could be improved by a better understanding of ultrasonic wave propagation in a multiple scattering medium. This work aims to develop a 2D numerical model of ultrasonic wave propagation in a heterogeneous medium, like concrete, integrating the multiple scattering phenomena in SPECFEM software. The coherent field of multiple scattering is obtained by averaging numerical wave fields, and it is used to determine the effective phase velocity and attenuation corresponding to an equivalent homogeneous medium. First, this model is applied to one scattering element (a cylinder) in a homogenous medium in a linear-elastic system, and its validation is completed thanks to the comparison with analytical solution. Then, some cases of multiple scattering by a set of randomly located cylinders or polygons are simulated to perform parametric studies on the influence of frequency and scatterer size, concentration, and shape. Also, the effective properties are compared with the predictions of Waterman-Truell model to verify its validity. Finally, the mortar viscoelastic behavior is introduced in the simulation in order to considerer the dispersion and the attenuation due to porosity included in the cement paste. In the future, different steps will be developed: The comparisons with experimental results, the interpretation of NDE measurements, and the optimization of NDE parameters before an auscultation.

Keywords: attenuation, multiple-scattering medium, numerical modeling, phase velocity, ultrasonic measurements

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940 An Infinite Mixture Model for Modelling Stutter Ratio in Forensic Data Analysis

Authors: M. A. C. S. Sampath Fernando, James M. Curran, Renate Meyer

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Forensic DNA analysis has received much attention over the last three decades, due to its incredible usefulness in human identification. The statistical interpretation of DNA evidence is recognised as one of the most mature fields in forensic science. Peak heights in an Electropherogram (EPG) are approximately proportional to the amount of template DNA in the original sample being tested. A stutter is a minor peak in an EPG, which is not masking as an allele of a potential contributor, and considered as an artefact that is presumed to be arisen due to miscopying or slippage during the PCR. Stutter peaks are mostly analysed in terms of stutter ratio that is calculated relative to the corresponding parent allele height. Analysis of mixture profiles has always been problematic in evidence interpretation, especially with the presence of PCR artefacts like stutters. Unlike binary and semi-continuous models; continuous models assign a probability (as a continuous weight) for each possible genotype combination, and significantly enhances the use of continuous peak height information resulting in more efficient reliable interpretations. Therefore, the presence of a sound methodology to distinguish between stutters and real alleles is essential for the accuracy of the interpretation. Sensibly, any such method has to be able to focus on modelling stutter peaks. Bayesian nonparametric methods provide increased flexibility in applied statistical modelling. Mixture models are frequently employed as fundamental data analysis tools in clustering and classification of data and assume unidentified heterogeneous sources for data. In model-based clustering, each unknown source is reflected by a cluster, and the clusters are modelled using parametric models. Specifying the number of components in finite mixture models, however, is practically difficult even though the calculations are relatively simple. Infinite mixture models, in contrast, do not require the user to specify the number of components. Instead, a Dirichlet process, which is an infinite-dimensional generalization of the Dirichlet distribution, is used to deal with the problem of a number of components. Chinese restaurant process (CRP), Stick-breaking process and Pólya urn scheme are frequently used as Dirichlet priors in Bayesian mixture models. In this study, we illustrate an infinite mixture of simple linear regression models for modelling stutter ratio and introduce some modifications to overcome weaknesses associated with CRP.

Keywords: Chinese restaurant process, Dirichlet prior, infinite mixture model, PCR stutter

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939 The Implications of the Lacanian Concept of 'Lalangue' for Lacanian Theory and Clinical Practice

Authors: Dries Dulsster

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This research we want to discuss the implications of the concept of ‘lalangue’ and illustrate its importance for lacanian psychoanalysis and its clinical practice. We will look at this concept through an in depth reading of Lacan’s later seminars, his lectures at the North-American universities and his study on James Joyce. We will illustrate the importance of this concept with a case study from a clinical practice. We will argue that the introduction of ‘lalangue’ has several theoretical and clinical implications that will radically change Lacans teachings. We will illustrate the distinction between language and lalangue. Language serves communication, but this is not the case with lalangue. We will claim that there is jouissance in language and will approach this by introducing the concept of ‘lalangue’. We will ask ourselves what the effect will be of this distinction and how we can use this in clinical practice. The concept of ‘lalangue’ will introduce a new way of thinking about the unconscious. It will force us to no longer view the unconscious as Symbolic, but as Imaginary or Real. Another implication will be the approach on the symptom, no longer approaching it as a formation of the unconscious. It will be renamed as ‘sinthome’, as function of the real. Last of all it will force us to rethink the lacanian interpretation and how we direct the treatment. The implications on a clinical level will be how we think about the lacanian interpretation and the direction of the treatment. We will no longer focus on language and meaning, but focus on jouissance and the ways in which the subject deals with this. We will illustrate this importance with a clinical case study. To summarize, the concept of lalangue forces us to radically rethink lacanian psychoanalysis, with major implications on a theoretical and clinical level. It introduces new concepts such as the real unconscious and the sinthome. It will also make us rethink the way we work as lacanian psychoanalysts.

Keywords: Lacan's later teaching, language, Lalangue, the unconscious

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938 The Urban Expansion Characterization of the Bir El Djir Municipality using Remote Sensing and GIS

Authors: Fatima Achouri, Zakaria Smahi

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Bir El Djir is an important coastal township in Oran department, located at 450 Km far away from Algiers on northwest of Algeria. In this coastal area, the urban sprawl is one of the main problems that reduce the limited highly fertile land. So, using the remote sensing and GIS technologies have shown their great capabilities to solve many earth resources issues. The aim of this study is to produce land use and cover map for the studied area at varied periods to monitor possible changes that may occurred, particularly in the urban areas and subsequently predict likely changes. For this, two spatial images SPOT and Landsat satellites from 1987 and 2014 respectively were used to assess the changes of urban expansion and encroachment during this period with photo-interpretation and GIS approach. The results revealed that the town of Bir El Djir has shown a highest growth rate in the period 1987-2014 which is 521.1 hectares in terms of area. These expansions largely concern the new real estate constructions falling within the social and promotional housing programs launched by the government. Indeed, during the last census period (1998 -2008), the population of this town has almost doubled from 73 029 to 152 151 inhabitants with an average annual growth of 5.2%. This also significant population growth is causing an accelerated urban expansion of the periphery which causing its conurbation with the towns of Oran in the West side. The most urban expansion is characterized by the new construction in the form of spontaneous or peripheral precarious habitat, but also unstructured slums settled especially in the southeastern part of town.

Keywords: urban expansion, remote sensing, photo-interpretation, spatial dynamics

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937 The Context of Human Rights in a Poverty-Stricken Africa: A Reflection

Authors: Ugwu Chukwuka E.

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The African context of human right instruments as recognized today can be traced to Africa’s relationship with the Western World. A significant preponderance of these instruments are found in both colonial and post colonial statutes as the colonial laws, the post colonial legal documents as constitutions or Africa’s adherence to relevant international instruments on human rights as the Universal Declaration of Human Rights (1948) and the African Charter on Human and Peoples’ Rights (1981). In spite of all these human rights instruments inherent in the African continent, it is contended in this paper that, these Western-oriented notion of human rights, emphasizes rights that hardly meets the current needs of contemporary African citizens. Adopting a historical research methodology, this study interrogates the dynamics of the African poverty context in relation to the implementation of human rights instruments in the continent. In this vein, using human rights and poverty scenarios from one Anglophone (Uganda) and one Francophone (Senegal) countries in Africa, the study hypothesized that, majority of Africans are not in a historical condition for the realization of these rights. The raison d’etre for this claim emerges from the fact that, the present generations of African hoi polloi are inundated with extensive powerlessness, ignorance, diseases, hunger and overall poverty that emasculates their interest in these rights instruments. In contrast, the few Africans who have access to the enjoyment of these rights in the continent hardly needs these instruments, as their power and resources base secures them that. The paper concludes that the stress of African states and stakeholders on African affairs should concentrated significantly, on the alleviation of the present historical poverty squalor of Africans, which when attended to, enhances the realization of human right situations in the continent.

Keywords: Africa, human rights, poverty, western world

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936 The Readiness of Bodies Corporate in South Africa for Third Generation Sectional Title Legislation: An Accountancy Perspective

Authors: Leandi Steenkamp

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After being in effect since the late 1970s, first generation sectional title legislation in South Africa was completely overhauled in recent years into what is now commonly referred to as third generation sectional title legislation. The original Sectional Titles Act was split into three separate statutes, namely the Sectional Titles Schemes Management Act No. 8 of 2011, the Sectional Titles Amendment Act No. 33 of 2013 and the Community Schemes Ombud Service Act No. 9 of 2011, with various Regulations detailing how the different acts should be applied in practice. Even though some of the changes effected by the new legislation is simply technical adjustments and replications of the original first generation legislation, the new acts introduce a number of significant changes that will have an effect on accountancy and financial management aspects of sectional title schemes in future. No academic research has been undertaken on third generation sectional title legislation in South Africa from an accountancy and financial management perspective as yet. The aim of this paper is threefold: Firstly, to discuss the findings of a literature review on the new third generation sectional title legislation, with specific reference to accountancy-related aspects. Secondly, the empirical findings of accountancy-related aspects from the results of a quantitative study on a sample of bodies corporate will be discussed. The sample of bodies corporate was selected from four different municipal areas in South Africa. Specific reference will be made to the readiness of bodies corporate regarding the provisions of the new legislation. Thirdly, practical recommendations will be made on how bodies corporate can prepare for the new legislative aspects, and further research opportunities in this regard will be discussed.

Keywords: accountancy, body corporate, sectional title, third generation sectional title legislation

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935 Comparison of Bioelectric and Biomechanical Electromyography Normalization Techniques in Disparate Populations

Authors: Drew Commandeur, Ryan Brodie, Sandra Hundza, Marc Klimstra

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The amplitude of raw electromyography (EMG) is affected by recording conditions and often requires normalization to make meaningful comparisons. Bioelectric methods normalize with an EMG signal recorded during a standardized task or from the experimental protocol itself, while biomechanical methods often involve measurements with an additional sensor such as a force transducer. Common bioelectric normalization techniques for treadmill walking include maximum voluntary isometric contraction (MVIC), dynamic EMG peak (EMGPeak) or dynamic EMG mean (EMGMean). There are several concerns with using MVICs to normalize EMG, including poor reliability and potential discomfort. A limitation of bioelectric normalization techniques is that they could result in a misrepresentation of the absolute magnitude of force generated by the muscle and impact the interpretation of EMG between functionally disparate groups. Additionally, methods that normalize to EMG recorded during the task may eliminate some real inter-individual variability due to biological variation. This study compared biomechanical and bioelectric EMG normalization techniques during treadmill walking to assess the impact of the normalization method on the functional interpretation of EMG data. For the biomechanical method, we normalized EMG to a target torque (EMGTS) and the bioelectric methods used were normalization to the mean and peak of the signal during the walking task (EMGMean and EMGPeak). The effect of normalization on muscle activation pattern, EMG amplitude, and inter-individual variability were compared between disparate cohorts of OLD (76.6 yrs N=11) and YOUNG (26.6 yrs N=11) adults. Participants walked on a treadmill at a self-selected pace while EMG was recorded from the right lower limb. EMG data from the soleus (SOL), medial gastrocnemius (MG), tibialis anterior (TA), vastus lateralis (VL), and biceps femoris (BF) were phase averaged into 16 bins (phases) representing the gait cycle with bins 1-10 associated with right stance and bins 11-16 with right swing. Pearson’s correlations showed that activation patterns across the gait cycle were similar between all methods, ranging from r =0.86 to r=1.00 with p<0.05. This indicates that each method can characterize the muscle activation pattern during walking. Repeated measures ANOVA showed a main effect for age in MG for EMGPeak but no other main effects were observed. Interactions between age*phase of EMG amplitude between YOUNG and OLD with each method resulted in different statistical interpretation between methods. EMGTS normalization characterized the fewest differences (four phases across all 5 muscles) while EMGMean (11 phases) and EMGPeak (19 phases) showed considerably more differences between cohorts. The second notable finding was that coefficient of variation, the representation of inter-individual variability, was greatest for EMGTS and lowest for EMGMean while EMGPeak was slightly higher than EMGMean for all muscles. This finding supports our expectation that EMGTS normalization would retain inter-individual variability which may be desirable, however, it also suggests that even when large differences are expected, a larger sample size may be required to observe the differences. Our findings clearly indicate that interpretation of EMG is highly dependent on the normalization method used, and it is essential to consider the strengths and limitations of each method when drawing conclusions.

Keywords: electromyography, EMG normalization, functional EMG, older adults

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934 Cultural Heritage, Manga, and Film: Japanese Tourism at Petit Trianon, Versailles

Authors: Denise C. I. Maior-Barron

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This conference presentation proposes to discuss the Japanese tourist perception of Marie Antoinette, at the heritage site which represents the home par excellence of the last Queen of France: Petit Trianon, Versailles. The underpinning analysis has a two-fold aim of firstly identifying the elements that contributed at the said perception and secondly of placing this in the wider context of tabi (travel) culture. The contribution of the presentation lies in its relevance to the analysis of postmodern trends of Japanese travel culture in relation to the consumption of European cultural heritage, through an insight into Japanese contemporary perception of heritage sites and their associated historical figures subject to controversy. Based upon the author’s doctoral studies field research at Petit Trianon - survey led in situ between 2010-2012, applied with the questionnaire method on a total of 307 respondents out of which 53 Japanese nationals - the media sources that were revealed to have had a direct influence on these nationals’ perception of Marie Antoinette, were Riyoko Ikeda’s shōjo manga La Rose de Versailles (1972) and Sofia Coppola’s film Marie-Antoinette (2006). The interpretation of the survey results through an assessment of visitor discourse determined the research methodology to be qualitative as opposed to quantitative, thus what confirmed the empirical hypothesis of the survey was a pattern of perception instead of percentages. Consequently, the interpretation focused on the answers to the questions relating to the image of Marie Antoinette in relation to historical knowledge, cultural background and last but not least media influences.

Keywords: cultural heritage, manga, film, tabi

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933 Targeting and Developing the Remaining Pay in an Ageing Field: The Ovhor Field Experience

Authors: Christian Ihwiwhu, Nnamdi Obioha, Udeme John, Edward Bobade, Oghenerunor Bekibele, Adedeji Awujoola, Ibi-Ada Itotoi

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Understanding the complexity in the distribution of hydrocarbon in a simple structure with flow baffles and connectivity issues is critical in targeting and developing the remaining pay in a mature asset. Subtle facies changes (heterogeneity) can have a drastic impact on reservoir fluids movement, and this can be crucial to identifying sweet spots in mature fields. This study aims to evaluate selected reservoirs in Ovhor Field, Niger Delta, Nigeria, with the objective of optimising production from the field by targeting undeveloped oil reserves, bypassed pay, and gaining an improved understanding of the selected reservoirs to increase the company’s reservoir limits. The task at the Ovhor field is complicated by poor stratigraphic seismic resolution over the field. 3-D geological (sedimentology and stratigraphy) interpretation, use of results from quantitative interpretation, and proper understanding of production data have been used in recognizing flow baffles and undeveloped compartments in the field. The full field 3-D model has been constructed in such a way as to capture heterogeneities and the various compartments in the field to aid the proper simulation of fluid flow in the field for future production prediction, proper history matching and design of good trajectories to adequately target undeveloped oil in the field. Reservoir property models (porosity, permeability, and net-to-gross) have been constructed by biasing log interpreted properties to a defined environment of deposition model whose interpretation captures the heterogeneities expected in the studied reservoirs. At least, two scenarios have been modelled for most of the studied reservoirs to capture the range of uncertainties we are dealing with. The total original oil in-place volume for the four reservoirs studied is 157 MMstb. The cumulative oil and gas production from the selected reservoirs are 67.64 MMstb and 9.76 Bscf respectively, with current production rate of about 7035 bopd and 4.38 MMscf/d (as at 31/08/2019). Dynamic simulation and production forecast on the 4 reservoirs gave an undeveloped reserve of about 3.82 MMstb from two (2) identified oil restoration activities. These activities include side-tracking and re-perforation of existing wells. This integrated approach led to the identification of bypassed oil in some areas of the selected reservoirs and an improved understanding of the studied reservoirs. New wells have/are being drilled now to test the results of our studies, and the results are very confirmatory and satisfying.

Keywords: facies, flow baffle, bypassed pay, heterogeneities, history matching, reservoir limit

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932 Official Secrecy and Confidentiality in Tax Administration and Its Impact on Right to Access Information: Nigerian Perspectives

Authors: Kareem Adedokun

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Official secrecy is one of the colonial vestiges which upholds non – disclosure of essential information for public consumption. Information, though an indispensable tool in tax administration, is not to be divulged by any person in an official duty of the revenue agency. As a matter o fact, the Federal Inland Revenue Service (Establishment) Act, 2007 emphasizes secrecy and confidentiality in dealing with tax payer’s document, information, returns and assessment in a manner reminiscent of protecting tax payer’s privacy in all situations. It is so serious that any violation attracts criminal sanction. However, Nigeria, being a democratic and egalitarian state recently enacted Freedom of Information Act which heralded in openness in governance and takes away the confidentialities associated with official secrets Laws. Official secrecy no doubts contradicts the philosophy of freedom of information but maintaining a proper balance between protected rights of tax payers and public interest which revenue agency upholds is an uphill task. Adopting the Doctrinal method, therefore, the author of this paper probes into the real nature of the relationship between taxpayers and Revenue Agencies. It also interfaces official secrecy with the doctrine of Freedom of Information and consequently queries the retention of non – disclosure clause under Federal Inland Revenue Service (Establishment) Act (FIRSEA) 2007. The paper finds among others that non – disclosure provision in tax statutes particularly as provided for in FIRSEA is not absolute; so also is the constitutional rights and freedom of information and unless the non – disclosure clause finds justification under any recognized exemption provided under the Freedom of Information Act, its retention is antithesis to democratic ethos and beliefs as it may hinder public interest and public order.

Keywords: confidentiality, information, official secrecy, tax administration

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931 Exploring the ‘Many Worlds’ Interpretation in Both a Philosophical and Creative Literary Framework

Authors: Jane Larkin

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Combining elements of philosophy, science, and creative writing, this investigation explores how a philosophically structured science-fiction novel can challenge the theory of linearity and singularity of time through the ‘many worlds’ theory. This concept is addressed through the creation of a research exegesis and accompanying creative artefact, designed to be read in conjunction with each other in an explorative, interwoven manner. Research undertaken into scientific concepts, such as the ‘many worlds’ interpretation of quantum mechanics and diverse philosophers and their ideologies on time, is embodied in an original science-fiction narrative titled, It Goes On. The five frames that make up the creative artefact are enhanced not only by five leading philosophers and their philosophies on time but by an appreciation of the research, which comes first in the paper. Research into traditional approaches to storytelling is creatively and innovatively inverted in several ways, thus challenging the singularity and linearity of time. Further nonconventional approaches to literary techniques include an abstract narrator, embodied by time, a concept, and a figure in the text, whose voice and vantage point in relation to death furthers the unreliability of the notion of time. These further challenge individuals’ understanding of complex scientific and philosophical views in a variety of ways. The science-fiction genre is essential when considering the speculative nature of It Goes On, which deals with parallel realities and is a fantastical exploration of human ingenuity in plausible futures. Therefore, this paper documents the research-led methodology used to create It Goes On, the application of the ‘many worlds’ theory within a framed narrative, and the many innovative techniques used to contribute new knowledge in a variety of fields.

Keywords: time, many-worlds theory, Heideggerian philosophy, framed narrative

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930 Balancing Justice: A Critical Analysis of Plea Bargaining's Impact on Uganda's Criminal Justice System

Authors: Mukisa Daphine Letisha

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Plea bargaining, a practice often associated with more developed legal systems, has emerged as a significant tool within Uganda's criminal justice system despite its absence in formal legal structures inherited from its colonial past. Initiated in 2013 with the aim of reducing case backlogs, expediting trials, and addressing prison congestion, plea bargaining reflects a pragmatic response to systemic challenges. While rooted in international statutes and domestic constitutional provisions, its implementation relies heavily on the Judicature (Plea Bargain) Rules of 2016, which outline procedural requirements and safeguards. Advocates argue that plea bargaining has yielded tangible benefits, including a reduction in case backlog and efficient allocation of resources, with notable support from judicial and prosecutorial authorities. Case examples demonstrate successful outcomes, with accused individuals benefitting from reduced sentences in exchange for guilty pleas. However, challenges persist, including procedural irregularities, inadequate statutory provisions, and concerns about coercion and imbalance of power between prosecutors and accused individuals. To enhance efficacy, recommendations focus on establishing monitoring mechanisms, stakeholder training, and public sensitization campaigns. In conclusion, while plea bargaining offers potential advantages in streamlining Uganda's criminal justice system, addressing its challenges requires careful consideration of procedural safeguards and stakeholder engagement to ensure fairness and integrity in the administration of justice.

Keywords: plea-bargaining, criminal-justice system, uganda, efficacy

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929 Thematical and Critical Analysis of Answers of Saduddin Thafthazani and His Methodology in His Book Sharahul Aqaid

Authors: Muhsina Khadeeja

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Introducing theological texts combined with philosophy will be useful in understanding the major difference between theology and philosophy and making a comparative study between these two epistemologies. SHARAHUL AQAID is one of them. Which originated in the Fourteenth century; the time was enriched with theological discourses and religious revisions. Meanwhile, visions of philosophy strengthened and its ideologies were discussed widely until it reflected on Islamic theology. Those philosophers initiated to interpretation of Islamic theology from a philosophical aspect. Some prominent Muslim theologists like Gazzali analyzed that this genre of interpretations and followed questions will threaten the existence of Islamic theology. Understanding these situations, prominent leaders defended Islamic theology through their intellectual works. SHARAHUL AQAID of SADUDDIN THATHAZANI is one of them, which is written as a commentary on UMAR NASAFI's work. The mentioned book is full of answers to the counters of philosophers and rectification of their interpretation. He adopted the philosophical method in this work rather than other methods to make philosophers understand his answers vividly. Because of that, the book is plentiful with philosophical terminologies. Common people can't grasp it without a deep reading. So, the researcher hopes that the analysis of this work will help to elaborate its meanings and make it graspable. The researcher chooses a thematical and critical analysis of the answers of SADUDDIN THAFTHAZANI in SHARAHUL AQAID and on his methodology. This analysis denotes theology and philosophy show similarities rather than contradictions. The researcher concludes this study by examining the difference between theology and philosophy, similarities and contradiction. Finally, researcher proves how both epistemologies coexist.

Keywords: islamic theology, sharahul aqaid, saduddin thafthazani, philosophy

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928 Translation of Culture-Specific References in the Turkish Translation of Shakespeare's Macbeth

Authors: Feride Sumbul

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Drama is a literary genre that mirrors the people and society and transfers the human nature and life to the reader or the audience within its own social-cultural structure. Each play takes on a new reality in the time and culture of the staging, and each performance actually brings a new interpretation to the play. Similarly, each translation adds a new meaning to the source text. In other words, the translated theatrical text transcends the boundaries of its language and culture and finds a new interpretation. Thus the translation of drama takes place as a transfer from one culture to another as a cross cultural communication. In this context, translating culture specific references play a key role in terms of reflecting cultural aspects of a target society. This study aims to explore the use of Venuti's translation principles of domestication and foreignization in the transfer of culture specific references in the Turkish translation of Shakespeare's Macbeth. Macbeth is to be compared with its Turkish version in terms of the transference of culture specific references such as religious, witchcraft, and mythological, which have no equivalent in the target language and culture. To evaluate these principles of Venuti, Davies’s translation strategies are also conducted. As a method, for the most part, he predominantly uses Davies’ method of ‘addition’ through adding extra information in the notes. For instance, rather than finding the Turkish renderings of them, the translator mostly chooses to transfer witchcraft references through retaining them in the target text, but he mainly adds extra information about the references in the notes. Therefore, the translator Nutku mostly uses Venuti’s translation principle of foreignization so that he preserves the foreignness of the theatrical text.

Keywords: drama translation, theatrical texts, culture specific references, Macbeth

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927 Improving Sample Analysis and Interpretation Using QIAGENs Latest Investigator STR Multiplex PCR Assays with a Novel Quality Sensor

Authors: Daniel Mueller, Melanie Breitbach, Stefan Cornelius, Sarah Pakulla-Dickel, Margaretha Koenig, Anke Prochnow, Mario Scherer

Abstract:

The European STR standard set (ESS) of loci as well as the new expanded CODIS core loci set as recommended by the CODIS Core Loci Working Group, has led to a higher standardization and harmonization in STR analysis across borders. Various multiplex PCRs assays have since been developed for the analysis of these 17 ESS or 23 CODIS expansion STR markers that all meet high technical demands. However, forensic analysts are often faced with difficult STR results and the questions thereupon. What is the reason that no peaks are visible in the electropherogram? Did the PCR fail? Was the DNA concentration too low? QIAGEN’s newest Investigator STR kits contain a novel Quality Sensor (QS) that acts as internal performance control and gives useful information for evaluating the amplification efficiency of the PCR. QS indicates if the reaction has worked in general and furthermore allows discriminating between the presence of inhibitors or DNA degradation as a cause for the typical ski slope effect observed in STR profiles of such challenging samples. This information can be used to choose the most appropriate rework strategy.Based on the latest PCR chemistry called FRM 2.0, QIAGEN now provides the next technological generation for STR analysis, the Investigator ESSplex SE QS and Investigator 24plex QS Kits. The new PCR chemistry ensures robust and fast PCR amplification with improved inhibitor resistance and easy handling for a manual or automated setup. The short cycling time of 60 min reduces the duration of the total PCR analysis to make a whole workflow analysis in one day more likely. To facilitate the interpretation of STR results a smart primer design was applied for best possible marker distribution, highest concordance rates and a robust gender typing.

Keywords: PCR, QIAGEN, quality sensor, STR

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926 Mapping of Geological Structures Using Aerial Photography

Authors: Ankit Sharma, Mudit Sachan, Anurag Prakash

Abstract:

Rapid growth in data acquisition technologies through drones, have led to advances and interests in collecting high-resolution images of geological fields. Being advantageous in capturing high volume of data in short flights, a number of challenges have to overcome for efficient analysis of this data, especially while data acquisition, image interpretation and processing. We introduce a method that allows effective mapping of geological fields using photogrammetric data of surfaces, drainage area, water bodies etc, which will be captured by airborne vehicles like UAVs, we are not taking satellite images because of problems in adequate resolution, time when it is captured may be 1 yr back, availability problem, difficult to capture exact image, then night vision etc. This method includes advanced automated image interpretation technology and human data interaction to model structures and. First Geological structures will be detected from the primary photographic dataset and the equivalent three dimensional structures would then be identified by digital elevation model. We can calculate dip and its direction by using the above information. The structural map will be generated by adopting a specified methodology starting from choosing the appropriate camera, camera’s mounting system, UAVs design ( based on the area and application), Challenge in air borne systems like Errors in image orientation, payload problem, mosaicing and geo referencing and registering of different images to applying DEM. The paper shows the potential of using our method for accurate and efficient modeling of geological structures, capture particularly from remote, of inaccessible and hazardous sites.

Keywords: digital elevation model, mapping, photogrammetric data analysis, geological structures

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925 Development of a Telemedical Network Supporting an Automated Flow Cytometric Analysis for the Clinical Follow-up of Leukaemia

Authors: Claude Takenga, Rolf-Dietrich Berndt, Erling Si, Markus Diem, Guohui Qiao, Melanie Gau, Michael Brandstoetter, Martin Kampel, Michael Dworzak

Abstract:

In patients with acute lymphoblastic leukaemia (ALL), treatment response is increasingly evaluated with minimal residual disease (MRD) analyses. Flow Cytometry (FCM) is a fast and sensitive method to detect MRD. However, the interpretation of these multi-parametric data requires intensive operator training and experience. This paper presents a pipeline-software, as a ready-to-use FCM-based MRD-assessment tool for the daily clinical practice for patients with ALL. The new tool increases accuracy in assessment of FCM-MRD in samples which are difficult to analyse by conventional operator-based gating since computer-aided analysis potentially has a superior resolution due to utilization of the whole multi-parametric FCM-data space at once instead of step-wise, two-dimensional plot-based visualization. The system developed as a telemedical network reduces the work-load and lab-costs, staff-time needed for training, continuous quality control, operator-based data interpretation. It allows dissemination of automated FCM-MRD analysis to medical centres which have no established expertise for the benefit of an even larger community of diseased children worldwide. We established a telemedical network system for analysis and clinical follow-up and treatment monitoring of Leukaemia. The system is scalable and adapted to link several centres and laboratories worldwide.

Keywords: data security, flow cytometry, leukaemia, telematics platform, telemedicine

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924 Archetypes in the Rorschach Inkblots: Imparting Universal Meaning in the Face of Ambiguity

Authors: Donna L. Roberts

Abstract:

The theory of archetypes contends that themes based on universal foundational images reside in and are transmitted generationally through the collective unconscious, which is referenced throughout an individual’s experience in order to make sense of that experience. There is then, a profoundly visceral and instinctive agreement on the gestalt of these universal themes and how they apply to the human condition throughout space and time. The inherent nature of projective tests, such as the Rorschach Inkblot, necessitates that the stimulus is ambiguous and thus elicits responses that reflect the unconscious inner psyche of the respondent. As the development of the Rorschach inkblots was relatively random and serendipitous - i.e., the inkblots were not engineered to elicit a specifically defined response - it would stand to reason that without a collective unconscious, every individual would interpret the inkblots in an individualized and unique way. Yet this is not the case. Instead, common themes appear in the images of the inkblots and their interpretation that reflect this deeper iconic understanding. This study analyzed the ten Rorschach inkblots in terms of Jungian archetypes, both with respect to the form of images on each plate and the commonly observed themes in responses. Examples of the archetypes were compared to each of the inkblots, with subsequent descriptions matched to the standard responses. The findings yielded clear and distinct instances of the universal symbolism intrinsic in the inkblot images as well as ubiquitous throughout the responses. This project illustrates the influence of the theories of psychologist Carl Gustav Jung on the interpretation of the ambiguous stimuli. It further serves to demonstrate the merit of Jungian psychology as a valuable tool with which to understand the nature of projective tests in general, Rorschach’s work specifically, and ultimately the broader implications for our collective unconscious and common humanity.

Keywords: archetypes, inkblots, projective tests, Rorschach

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923 History and Its Significance in Modern Visual Graphic: Its Niche with Respect to India

Authors: Hemang Madhusudan Anglay, Akash Gaur

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Value of visual perception in today’s context is vulnerable. Visual Graphic broadly and conveniently expresses culture, language and science of art that satisfactorily is a mould to cast various expressions. It is one of the essential parts of communication design which relatively can be used to approach the above areas of expressions. In between the receptors and interpreters, there is an expanse of comprehension and cliché in relation to the use of Visual Graphics. There are pedagogies, commodification and honest reflections where Visual Graphic is a common area of interest. The traditional receptors amidst the dilemma of this very situation find themselves in the pool of media, medium and interactions. Followed by a very vague interpretation the entire circle of communication becomes a question of comprehension vs cliché. Residing in the same ‘eco-system’ these communities who make pedagogies and multiply its reflections sometimes with honesty and sometimes on commercial values tend to function differently. With the advent of technology, which is a virtual space allows the user to access various forms of content. This diminishes the core characteristics and creates a vacuum even though it satisfies the user. The symbolic interpretation of visual form and structure is transmitted in a culture by the means of contemporary media. Starting from a very individualistic approach, today it is beyond Print & Electronic media. The expected outcome will be a study of Ahmedabad City, situated in the Gujarat State of India. It is identity with respect to socio-cultural as well as economic changes. The methodology will include process to understand the evolution and narratives behind it that will encompass diverse community, its reflection and it will sum up the salient features of communication through combination of visual and graphic that is relevant in Indian context trading its values to global scenario.

Keywords: communication, culture, graphic, visual

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922 Qualitative Case Studies in Reading Specialist Education

Authors: Carol Leroy

Abstract:

This presentation focuses on the analysis qualitative case studies in the graduate education of reading specialists. The presentation describes the development and application of an integrated conceptual framework for reading specialist education, drawing on Robert Stake’s work on case study research, Kenneth Zeichner’s work on professional learning, and various tools for reading assessment (e.g. the Qualitative Reading Inventory). Social constructivist theory is used to provide intersecting links between the various influences on the processes used to assess and teaching reading within the case study framework. Illustrative examples are described to show the application of the framework in reading specialist education in a teaching clinic at a large urban university. Central to education of reading specialists in this teaching clinic is the collection, analysis and interpretation of data for the design and implementation of reading and writing programs for struggling readers and writers. The case study process involves the integrated interpretation of data, which is central to qualitative case study inquiry. An emerging theme in this approach to graduate education is the ambiguity and uncertainty that governs work with the adults and children who attend the clinic for assistance. Tensions and contradictions are explored insofar as they reveal overlapping but intersecting frameworks for case study analysis in the area of literacy education. An additional theme is the interplay of multiple layers of data with a resulting depth that goes beyond the practical need of the client and toward the deeper pedagogical growth of the reading specialist. The presentation makes a case for the value of qualitative case studies in reading specialist education. Further, the use of social constructivism as a unifying paradigm provides a robustness to the conceptual framework as a tool for understanding the pedagogy that is involved.

Keywords: assessment, case study, professional education, reading

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921 Classification of Small Towns: Three Methodological Approaches and Their Results

Authors: Jerzy Banski

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Small towns represent a key element of settlement structure and serve a number of important functions associated with the servicing of rural areas that surround them. It is in light of this that scientific studies have paid considerable attention to the functional structure of centers of this kind, as well as the relationships with both surrounding rural areas and other urban centers. But a preliminary to such research has typically involved attempts at classifying the urban centers themselves, with this also assisting with the planning and shaping of development policy on different spatial scales. The purpose of the work is to test out the methods underpinning three different classifications of small urban centers, as well as to offer a preliminary interpretation of the outcomes obtained. Research took in 722 settlement units in Poland, granted town rights and populated by fewer than 20,000 inhabitants. A morphologically-based classification making reference to the database of topographic objects as regards land cover within the administrative boundaries of towns and cities was carried out, and it proved possible to distinguish the categories of “housing-estate”, industrial and R&R towns, as well as towns characterized by dichotomy. Equally, a functional/morphological approach taken with the same database allowed for the identification – via an alternative method – of three main categories of small towns (i.e., the monofunctional, multifunctional or oligo functional), which could then be described in far greater detail. A third, multi-criterion classification made simultaneous reference to the conditioning of a structural, a location-related, and an administrative hierarchy-related nature, allowing for distinctions to be drawn between small towns in 9 different categories. The results obtained allow for multifaceted analysis and interpretation of the geographical differentiation characterizing the distribution of Poland’s urban centers across space in the country.

Keywords: small towns, classification, local planning, Poland

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920 Human and Environment Coevolution: The Chalcolithic Tell Settlements from Muntenia and Dobrogea, South-Eastern Romania

Authors: Constantin Haita

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The chalcolithic tell settlements from south-eastern Romania, attributed to Gumelnița culture, are characterised by a well-defined surface, marked often by delimitation structures, a succession of many layers of construction, destruction, and rebuilding, and a well-structured area of occupation: built spaces, passage areas, waste zones. Settlements of tell type are located in the river valleys –on erosion remnants, alluvial bars or small islands, at the border of the valleys– on edges or prominences of Pleistocene terraces, lower Holocene terraces, and banks of lakes. This study integrates data on the geographical position, the morphological background, and the general stratigraphy of these important settlements. The correlation of the spatial distribution with the geomorphological units of each area of evolution creates an image of the natural landscape in which they occurred. The sedimentological researches achieved in the floodplain area of Balta Ialomiței showed important changes in the alluvial activity of Danube, after the Chalcolithic period (ca. 6500 - 6000 BP), to Iron Age and Middle Ages. The micromorphological analysis, consisting in thin section interpretation, at the microscopic scale, of sediments and soils in an undisturbed state, allowed the interpretation of the identified sedimentary facies, in terms of mode of formation and anthropic activities. Our studied cases reflect some distinct situations, correlating either with the geomorphological background or with the vertical development, the presence of delimiting structures and the internal organization. The characteristics of tells from this area bring significant information about the human habitation of Lower Danube in Prehistory.

Keywords: chalcolithic, micromorphology, Romania, sedimentology, tell settlements

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919 Multi Universe Existence Based-On Quantum Relativity using DJV Circuit Experiment Interpretation

Authors: Muhammad Arif Jalil, Somchat Sonasang, Preecha Yupapin

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This study hypothesizes that the universe is at the center of the universe among the white and black holes, which are the entangled pairs. The coupling between them is in terms of spacetime forming the universe and things. The birth of things is based on exchange energy between the white and black sides. That is, the transition from the white side to the black side is called wave-matter, where it has a speed faster than light with positive gravity. The transition from the black to the white side has a speed faster than light with negative gravity called a wave-particle. In the part where the speed is equal to light, the particle rest mass is formed. Things can appear to take shape here. Thus, the gravity is zero because it is the center. The gravitational force belongs to the Earth itself because it is in a position that is twisted towards the white hole. Therefore, it is negative. The coupling of black-white holes occurs directly on both sides. The mass is formed at the saturation and will create universes and other things. Therefore, it can be hundreds of thousands of universes on both sides of the B and white holes before reaching the saturation point of multi-universes. This work will use the DJV circuit that the research team made as an entangled or two-level system circuit that has been experimentally demonstrated. Therefore, this principle has the possibility for interpretation. This work explains the emergence of multiple universes and can be applied as a practical guideline for searching for universes in the future. Moreover, the results indicate that the DJV circuit can create the elementary particles according to Feynman's diagram with rest mass conditions, which will be discussed for fission and fusion applications.

Keywords: multi-universes, feynman diagram, fission, fusion

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918 The Aesthetics of Time in Thus Spoke Zarathustra: A Reappraisal of the Eternal Recurrence of the Same

Authors: Melanie Tang

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According to Nietzsche, the eternal recurrence is his most important idea. However, it is perhaps his most cryptic and difficult to interpret. Early readings considered it as a cosmological hypothesis about the cyclic nature of time. However, following Nehamas’s ‘Life as Literature’ (1985), it has become a widespread interpretation that the eternal recurrence never really had any theoretical dimensions, and is not actually a philosophy of time, but a practical thought experiment intended to measure the extent to which we have mastered and perfected our lives. This paper endeavours to challenge this line of thought becoming scholarly consensus, and to carry out a more complex analysis of the eternal recurrence as it is presented in Thus Spoke Zarathustra. In its wider scope, this research proposes that Thus Spoke Zarathustra — as opposed to The Birth of Tragedy — be taken as the primary source for a study of Nietzsche’s Aesthetics, due to its more intrinsic aesthetic qualities and expressive devices. The eternal recurrence is the central philosophy of a work that communicates its ideas in unprecedentedly experimental and aesthetic terms, and a more in-depth understanding of why Nietzsche chooses to present his conception of time in aesthetic terms is warranted. Through hermeneutical analysis of Thus Spoke Zarathustra and engagement with secondary sources such as those by Nehamas, Karl Löwith, and Jill Marsden, the present analysis challenges the ethics of self-perfection upon which current interpretations of the recurrence are based, as well as their reliance upon a linear conception of time. Instead, it finds the recurrence to be a cyclic interplay between the self and the world, rather than a metric pertaining solely to the self. In this interpretation, time is found to be composed of an intertemporal rather than linear multitude of will to power, which structures itself through tensional cycles into an experience of circular time that can be seen to have aesthetic dimensions. In putting forth this understanding of the eternal recurrence, this research hopes to reopen debate on this key concept in the field of Nietzsche studies.

Keywords: Nietzsche, eternal recurrence, Zarathustra, aesthetics, time

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917 Reading Literature between Aesthetic Values and Ideology

Authors: Ahmed Hassan Sabra

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Context: The research explores the impact of ideology on the aesthetic reading of literary texts. It aims to investigate how ideology affects the way in which readers interpret and appreciate literature. The study focuses on a selection of Arabic novels that have been subject to significant controversy among critics, with some praising their aesthetic value and others denouncing it. By analyzing this controversy, the research seeks to demonstrate the extent to which ideology influences aesthetic judgments in literary readings. Research Aim: The aim of this study is to examine the influence of ideology on the aesthetic reading of literary texts. It seeks to understand how the ideological perspective of readers shapes their interpretation and evaluation of literature. Methodology: The research adopts an aesthetic approach as the primary methodology for investigating the relationship between literary reading and ideological reception. By employing this approach, the study aims to uncover the intricate connections between aesthetics and ideology in the process of interpreting and appreciating literature. Findings: The research reveals that ideology cannot be separated from the aesthetic experience of reading literary texts. It argues that the ideological perspective of the reader significantly impacts their aesthetic judgments and interpretations. The differing viewpoints among critics regarding the aesthetic value of the selected Arabic novels highlight the influence of ideology on readers' assessments of artistic merit. Theoretical Importance: The study contributes to the understanding of the complex interplay between aesthetics and ideology in the realm of literary interpretation. It reinforces the notion that aesthetic judgments are not solely based on the intrinsic qualities of the text but are also shaped by the ideological framework of the reader. Data Collection: The research collects data by examining critical responses to a number of Arabic novels that have generated controversy. These responses include both positive and negative evaluations of the novels' aesthetic value. The research also considers the ideological positions and perspectives of the critics. Analysis Procedures: The collected data is analyzed using an aesthetic lens, taking into account the ideological viewpoints expressed in the critical responses. The analysis explores how these ideological perspectives influence the aesthetic judgments made by the critics. Questions Addressed: The research addresses the question of how ideology impacts the aesthetic reading of literary texts. It investigates the extent to which ideology shapes readers' interpretations and evaluations of literature, particularly in the case of controversial novels. Conclusion: The study concludes that ideology plays a significant role in the aesthetic reading of literary texts. It demonstrates that readers' ideological perspectives influence their interpretation and evaluation of a text's aesthetic value. The research highlights the interconnectedness of aesthetics and ideology in the process of literary reception, emphasizing the importance of considering the ideological framework of readers when analyzing the aesthetic qualities of literature.

Keywords: novel, aesthetic, ideology, reading

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916 Deconstructing and Reconstructing the Definition of Inhuman Treatment in International Law

Authors: Sonia Boulos

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The prohibition on ‘inhuman treatment’ constitutes one of the central tenets of modern international human rights law. It is incorporated in principal international human rights instruments including Article 5 of the Universal Declaration of Human Rights, and Article 7 of the International Covenant on Civil and Political Rights. However, in the absence of any legislative definition of the term ‘inhuman’, its interpretation becomes challenging. The aim of this article is to critically analyze the interpretation of the term ‘inhuman’ in international human rights law and to suggest a new approach to construct its meaning. The article is composed of two central parts. The first part is a critical appraisal of the interpretation of the term ‘inhuman’ by supra-national human rights law institutions. It highlights the failure of supra-national institutions to provide an independent definition for the term ‘inhuman’. In fact, those institutions consistently fail to distinguish the term ‘inhuman’ from its other kin terms, i.e. ‘cruel’ and ‘degrading.’ Very often, they refer to these three prohibitions as ‘CIDT’, as if they were one collective. They were primarily preoccupied with distinguishing ‘CIDT’ from ‘torture.’ By blurring the conceptual differences between these three terms, supra-national institutions supplemented them with a long list of specific and purely descriptive subsidiary rules. In most cases, those subsidiary rules were announced in the absence of sufficient legal reasoning explaining how they were derived from abstract and evaluative standards embodied in the prohibitions collectively referred to as ‘CIDT.’ By opting for this option, supra-national institutions have created the risk for the development of an incoherent body of jurisprudence on those terms at the international level. They also have failed to provide guidance for domestic courts on how to enforce these prohibitions. While blurring the differences between the terms ‘cruel,’ ‘inhuman,’ and ‘degrading’ has consequences for the three, the term ‘inhuman’ remains the most impoverished one. It is easy to link the term ‘cruel’ to the clause on ‘cruel and unusual punishment’ originating from the English Bill of Rights of 1689. It is also easy to see that the term ‘degrading’ reflects a dignatarian ideal. However, when we turn to the term ‘inhuman’, we are left without any interpretative clue. The second part of the article suggests that the ordinary meaning of the word ‘inhuman’ should be our first clue. However, regaining the conceptual independence of the term ‘inhuman’ requires more than a mere reflection on the word-meaning of the term. Thus, the second part introduces philosophical concepts related to the understanding of what it means to be human. It focuses on ‘the capabilities approach’ and the notion of ‘human functioning’, introduced by Amartya Sen and further explored by Martha Nussbaum. Nussbaum’s work on the basic human capabilities is particularly helpful or even vital for understanding the moral and legal substance of the prohibition on ‘inhuman’ treatment.

Keywords: inhuman treatment, capabilities approach, human functioning, supra-national institutions

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