Search results for: judicial discourse

Authors: Cara Williams

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In 2006, the UK Labour government published a Green Paper introducing Employment and Support Allowance (ESA) as a replacement for Incapacity Benefit (IB), as well as a new Work Capability Assessment (WCA); signalling a controversial political and economic shift in disability welfare policy. In 2016, the Conservative government published Improving Lives: The Work, Health, and Disability Green Paper, as part of their social reform agenda, evidently to address the ‘injustice’ of the ‘disability employment gap’. This paper contextualises ESA in the wider ideology and rhetoric of ‘welfare to work’, ‘dependency’ and ‘responsibility’. Using the British ‘social model of disability’ as a theoretical framework, the study engages in a critical discourse analysis of these two Green Papers. By uncovering the medicalised conceptions embedded in the texts, the analysis has revealed ESA is linked with late capitalisms concern with the ‘disability category’.

Keywords: disability, employment, social security, welfare

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Authors: Begum Koru, Isik Aybay, Demet Celik Ulusoy

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The discipline of law is quite complex and has its own terminology. Apart from written legal rules, there is also living law, which refers to legal practice. Basic legal rules aim at the happiness of individuals in social life and have different characteristics in different branches such as public or private law. On the other hand, law is a national phenomenon. The law of one nation and the legal system applied on the territory of another nation may be completely different. People who are experts in a particular field of law in one country may have insufficient expertise in the law of another country. Today, in addition to the local nature of law, international and even supranational law rules are applied in order to protect basic human values and ensure the protection of human rights around the world. Systems that offer algorithmic solutions to legal problems using artificial intelligence (AI) tools will perhaps serve to produce very meaningful results in terms of human rights. However, algorithms to be used should not be developed by only computer experts, but also need the contribution of people who are familiar with law, values, judicial decisions, and even the social and political culture of the society to which it will provide solutions. Otherwise, even if the algorithm works perfectly, it may not be compatible with the values of the society in which it is applied. The latest developments involving the use of AI techniques in legal systems indicate that artificial law will emerge as a new field in the discipline of law. More AI systems are already being applied in the field of law, with examples such as predicting judicial decisions, text summarization, decision support systems, and classification of documents. Algorithms for legal systems employing AI tools, especially in the field of prediction of judicial decisions and decision support systems, have the capacity to create automatic decisions instead of judges. When the judge is removed from this equation, artificial intelligence-made law created by an intelligent algorithm on its own emerges, whether the domain is national or international law. In this work, the aim is to make a general analysis of this new topic. Such an analysis needs both a literature survey and a perspective from computer experts' and lawyers' point of view. In some societies, the use of prediction or decision support systems may be useful to integrate international human rights safeguards. In this case, artificial law can serve to produce more comprehensive and human rights-protective results than written or living law. In non-democratic countries, it may even be thought that direct decisions and artificial intelligence-made law would be more protective instead of a decision "support" system. Since the values of law are directed towards "human happiness or well-being", it requires that the AI algorithms should always be capable of serving this purpose and based on the rule of law, the principle of justice and equality, and the protection of human rights.

Keywords: AI and law, artificial law, protection of human rights, AI tools for legal systems

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Authors: Carlo Schick

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Legitimacy can be regarded the very fabric of political orders. Up to this point, IR scholarship was particularly interested in the legitimacy of nation-states, international regimes and of non-governmental actors. The legitimacy of collaborative governance comprising public, private and civic actors, however, has not received much attention from an IR perspective. This is partly due to the fact that the concept of legitimacy is difficult to operationalise and measure in settings where there is no clear boundary between political authorities and those who are subject to collaborative governance. In this case, legitimacy cannot be empirically approached in its own terms, but can only be analysed in terms of dialectic legitimation processes. The author develops a three-fold analytical framework based on a dialogical understanding of legitimation. Legitimation first has to relate to public legitimacy demands and contestations of collaborative governance and second to legitimacy claims issued by collaborative governance networks themselves. Lastly, collaborative governance is dependent on constant self-legitimisation. The paper closes with suggesting a discourse analytic approach to further empirical research on the legitimacy of collaborative governance.

Keywords: legitimacy, collaborative governance, discourse analysis, dialectic legitimation

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Authors: Inas Hussein

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Communication in the modern world is increasingly becoming multimodal due to globalization and the digital space we live in which have remarkably affected how people communicate. Accordingly, Multimodal Discourse Analysis (MDA) is an emerging paradigm in discourse studies with the underlying assumption that other semiotic resources such as images, colours, scientific symbolism, gestures, actions, music and sound, etc. combine with language in order to  communicate meaning. One of the effective multimodal media that combines both verbal and non-verbal elements to create meaning is political cartoons. Furthermore, since political and social issues are mirrored in political cartoons, these are regarded as potential objects of discourse analysis since they not only reflect the thoughts of the public but they also have the power to influence them. The aim of this paper is to analyze some selected cartoons on the recognition of Jerusalem as Israel's capital by the American President, Donald Trump, adopting a multimodal approach. More specifically, the present research examines how the various semiotic tools and resources utilized by the cartoonists function in projecting the intended meaning. Ten political cartoons, among a surge of editorial cartoons highlighted by the Anti-Defamation League (ADL) - an international Jewish non-governmental organization based in the United States - as publications in different Arabic-language newspapers in Egypt, Saudi Arabia, UAE, Oman, Iran and UK, were purposively selected for semiotic analysis. These editorial cartoons, all published during 6^th–18^th December 2017, invariably suggest one theme: Jewish and Israeli domination of the United States. The data were analyzed using the framework of Visual Social Semiotics. In accordance with this methodological framework, the selected visual compositions were analyzed in terms of three aspects of meaning: representational, interactive and compositional. In analyzing the selected cartoons, an interpretative approach is being adopted. This approach prioritizes depth to breadth and enables insightful analyses of the chosen cartoons. The findings of the study reveal that semiotic resources are key elements of political cartoons due to the inherent political communication they convey. It is proved that adequate interpretation of the three aspects of meaning is a prerequisite for understanding the intended meaning of political cartoons. It is recommended that further research should be conducted to provide more insightful analyses of political cartoons from a multimodal perspective.

Keywords: Multimodal Discourse Analysis (MDA), multimodal text, political cartoons, visual modality

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Authors: Damayanti Sen

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The Fair and Equitable Treatment standard has emerged as a core tenet of a formulated legal structure aimed at encouraging investment through the granting of a secure and stable environment for the investor in the Host State. As an absolute, non-contingent standard, it constitutes an independent and reliable system for the protection of the investor and is frequently invoked and applied in investor-state dispute settlement under bilateral and multilateral investment treaties. Thus far, the standard has been examined principally as a measure for determining the responsibility of host countries towards investors and investments. The conduct of investor in applying the Fair and Equitable Treatment Standard is relatively unexplored. Such an assessment may be necessary in light of the development of new defenses to demands of host governments to confine the application of the standard in order to ensure a proper balance between the protection of investors and the inherent right of a State to regulate economic conduct within its borders. This paper explores the implications of including considerations of investor conduct in the determination of whether an act of the host country’s administrative and/or judicial authorities has breached the fair and equitable treatment principle. The need for such defenses are of special concern for governments of developing countries, whose limited resources can affect their ability to provide an effective evaluation of the nature of the proposed investment, and, subsequently, to ensure that the expected benefits are realized. On the basis of conceptual analysis, and emerging international judicial and arbitral case law, this paper suggests that investor duties such as, the avoidance of unconscionable conduct, the reasonable assessment of investment risk in the host country, and a duty to operate an investment reasonably are leading to a new limit upon the fair and equitable treatment standard- one that can be succinctly captured in the phrase “Caveat Investor”.

Keywords: BITs, FET Standard, investor behavior, arbitral case law

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Authors: Pooja Bakshi

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

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

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Authors: Jean-François Caron

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The current attempts to develop what we can call 'super soldiers' are problematic in many regards. This is what this text will try to explore by concentrating primarily on the repercussions of this technology and medical research on the physical and psychological integrity of soldiers. It argues that medicines or technologies may affect soldiers’ psychological and mental features and deprive them of their capacity to reflect upon their actions as autonomous subjects and that such a possibility entails serious moral as well as judicial consequences.

Keywords: military research, super soldiers, involuntary intoxication, criminal responsibility

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Authors: Gonca Z. Tuncbilek

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Architectural research tends to define architecture in terms of its permanence. In this study, the term ‘temporality’ and its use in architectural discourse is re-visited. The definition, proposition, and efficacy of the temporality occur both in architecture and in its related knowledge. The temporary architecture not only fulfills the requirement of the architectural programs, but also plays a significant role in generating an environment of architectural discourse. In recent decades, there is a great interest on the temporary architectural practices regarding to the installations, exhibition spaces, pavilions, and expositions; inviting the architects to experience and think about architecture. The temporary architecture has a significant role among the architecture, the architect, and the architectural discourse. Experiencing the contemporary materials, methods and technique; they have proposed the possibilities of the future architecture. These structures give opportunities to the architects to a wide-ranging variety of freedoms to experience the ‘new’ in architecture. In addition to this experimentation, they can be considered as an agent to redefine and reform the boundaries of the architectural discipline itself. Although the definition of architecture is re-analyzed in terms of its temporality rather than its permanence; architecture, in reality, still relies on historically codified types and principles of the formation. The concept of type can be considered for several different sciences, and there is a tendency to organize and understand the world in terms of classification in many different cultures and places. ‘Type’ is used as a classification tool with/without the scope of the critical invention. This study considers theories of type, putting forward epistemological and discursive arguments related to the form of architecture, being related to historical and formal disciplinary knowledge in architecture. This study has been to emphasize the importance of the temporality in architecture as a creative tool to reveal the position within the architectural discourse. The temporary architecture offers ‘new’ opportunities in the architectural field to be analyzed. In brief, temporary structures allow the architect freedoms to the experimentation in architecture. While redefining the architecture in terms of temporality, architecture still relies on historically codified types (pavilions, exhibitions, expositions, and installations). The notion of architectural types and its varying interpretations are analyzed based on the texts of architectural theorists since the Age of Enlightenment. Investigating the classification of type in architecture particularly temporary architecture, it is necessary to return to the discussion of the origin of the knowledge and its classification.

Keywords: classification of architecture, exhibition design, pavilion design, temporary architecture

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Authors: Aseel Hatif Jassam, Hadeel Hatif Jassam

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The paper discusses the phallocentric discourse that is challenged by women in general and of women of color in particular in spite of the simultaneity of oppression due to race, class, and gender in the diaspora. Therefore, the paper gives a brief account of women's experience in the light of postcolonial feminist theory. The paper also cast light on the theories of Luce Irigaray and Helen Cixous, two Feminist theorists who support and advise women to have their own discourse to challenge the infectious patriarchal sentence advocated by Sigmund Freud and Harold Bloom's model of literary history. Black women authors like BuchiEmecheta as well as her alter ego Adah, a Nigerian-born girl and the protagonist of her semi-autobiographical novel, Second Class Citizen, suffer from this phallocentric and oppressive sentence and displacement as they migrate from Nigeria, a former British colony where they feel marginalized to North London with the hope of realizing their dreams. Yet, in the British diaspora, they get culturally shocked and continue to suffer from further marginalization due to class and race and are insulted and interiorized ironically by their patriarchal husbands who try to put an end to their dreams of authorship. With the phallocentric belief that women aren't capable of self-representation in the background of their mindsets, the violent Sylvester Onwordi and Francis Obi, the husbands of both Emecheta and Adah, respectively have practiced oppression on them by burning their own authoritative voice, represented by the novels they write while they are struggling with their economically atrocious living experience in the British diaspora.

Keywords: authorship, British diaspora, discourse, phallocentric, patriarchy

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Authors: Shiza Nisar

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This study examines how editorials in Pakistan’s English-language newspapers represented the Aurat March in Pakistan, which is held on International Women’s Day, 8 March, to reclaim public spaces for women. There was a public outcry against the controversial movement, sparked by the key messages and slogans used to communicate with the masses. This research aims to study non-western news frames used by Pakistan’s leading English-language newspapers—Dawn, The Express Tribune, The News, and The Nation—for the portrayal of Aurat March since 2018. The findings show how these editorials construct and reinforce the concept of feminism being threatened by the dangerous other. This research aims to contribute to the understanding of Pakistan’s elite discourse, which insists that this event is a movement led by females in a male-dominated society to voice their rights and reclaim public spaces; however, this movement is more than just that.

Keywords: discourse, Aurat March, media framing, feminist movement, editorials

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Authors: Klaudia Krogulec

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The concept and the meaning of safety is largely undermined in International and EU refugee law. While the Geneva Convention 1951 concentrates mainly on the principle of non-refoulment (no-return) and the idea of physical safety of refugees, countries continue to implement harmful readmission agreements that presume ‘safe countries’ for the hosting and return of the refugees. This research intends to use discourse analysis of the legal provisions and interviews with Syrian refugees, NGO workers, and refugee lawyers in Tukey to understand what ‘safety’ actually means and how law shapes the experiences of Syrians in Turkey (the country that hosts the largest population of Syrians and is a key partner of the EU-Turkey Agreement 2016). The preliminary findings reveal the competing meanings of safety (rights-based vs state interests approach). As the refugee policies continue to prioritize state interests/safety over human safety and human rights, it is extremely important to provide recommendations on how ‘safety’ should be defined in the refugee law in the future.

Keywords: human rights law, refugee law, human safety, EU-turkey agreement

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Authors: Asmaa Fathy Mohamed Desoky

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The subject of this research is the inference of intentionality and context from the verses of the Meccan surahs, which include the paradox of reward and punishment, applied to the duality of disbelief and faith; The Holy Quran is the most important sacred linguistic reference in the Arabic language because it is rich in all the rules of the language in addition to the linguistic miracle. the Quranic text is a first-class intentional text, sent down to convey something to the recipient (Muhammad first and then communicates it to Muslims) and influence and convince him, which opens the door to many Ijtihad; a desire to reach the will of Allah and his intention from his words Almighty. Intentionality as a term is one of the most important deliberative terms, but it will be modified to suit the Quranic discourse, especially since intentionality is related to intention-as it turned out earlier - that is, it turns the reader or recipient into a predictor of the unseen, and this does not correspond to the Quranic discourse. Hence, in this research, a set of dualities will be identified that will be studied in order to clarify the meaning of them according to the opinions of previous interpreters in accordance with the sanctity of the Quranic discourse, which is intentionally related to the dualities of reward and punishment, such as: the duality of disbelief and faith, noting that it is a duality that combines opposites and Paradox on one level, because it may be an external paradox between action and reaction, and may be an internal paradox in matters related to faith, and may be a situational paradox in a specific event or a certain fact. It should be noted that the intention of the Qur'anic text is fully realized in form and content, in whole and in part, and this research includes a presentation of some applied models of the issues of intention and context that appear in the verses of the paradox of reward and punishment in the Meccan surahs in Quraan.

Keywords: intentionality, context, the paradox, reward, punishment, Meccan surahs

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Authors: Natsuko D'Aprile

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The construction of Nation-States is a historical process that produces a type of national identity and culture that States nowadays mobilise for global outreach. National culture, as a set of norms and values influencing individuals’ actions and decisions, produces a type of policy making of various strategies that impact how a Nation is promoted overseas. The 1990s were marked by a resurgence of the debates on national identity. This period is believed to have paved the way for nationalism and witnessed increased attention to analytical approaches to identity. Public diplomacy is a concrete example of how national culture is mobilised to project a favourable image of a Nation abroad, especially in the narratives on national identity mobilised by diplomatic actors. Public diplomacy is understood as providing tools for States to build and project strategic narratives that represent events and identities in an attempt to influence domestic and foreign audiences, be they domestic or foreign. France and Japan received little attention on the matter. This research hence aims to investigate how France and Japan have mobilised narratives on national identity since the 1990s in the context of their public diplomacy. To understand how identities are framed, qualitative and quantitative discourse analysis has been performed on a corpus of various speeches held by French and Japanese political actors in which they present their diplomacy goals, as well as official documents provided by both Ministries of Foreign Affairs. This analysis showed that the French discourse integrates a narrative on France’s universal vocation, relying on the expression of a Nation whose model is worldly applicable and has the legitimacy to influence international decisions. The Japanese discourse does not concretely emphasise Japanese or Asian values, except for some narratives integrating Confucian and Shintō values. It rather revolves around the need for Japan to ensure its citizens’ security and prosperity, hence the need for the Government to contribute to peace in the Asia-Pacific region and the world.

Keywords: comparative politics, culture, discourse analysis, narratives, public diplomacy

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Authors: Jordana Lenhardt

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This paperwork aims to promote a reflection on the critical literacy and multiliteracies concepts in the English language teaching, under an emancipatory perspective, in the English language classroom at the Federal Institute of Mato Grosso (IFMT), Rondonópolis Campus. Some Authors place the relationship between the world conscience and the self-conscience in a direct reason, compromising one to the other, and others defend that emancipatory teaching practice must be connected in all the spheres of the social context; with this paperwork, we intend to analyze students’ interactions with the English language, in order to verify if they demonstrate critical conscience about language and the world around them. The study is still at a preliminary level and is grounded in discourse critical analysis and systemic-functional linguistics. We understand that text is irremediable, linked to a context, and that the linguistic selection made by the speaker builds social representations. This research foresees the analysis of some students’ speeches in an interview about their classes at the Federal Institute in the city of Rondonópolis and the methodology being used on them. Discourse critical analysis explains that, through the awareness of the language uses, learners can become more conscious of the coercions in their own language practices, the possibilities of risks, and the costs of the individual or collective challenges, to engage themselves in emancipatory linguistic practice. The critical language conscience contributes, on the other hand, to make students more aware of the practices in which they are involved, as producers and consumers of texts, of the social forces, ideologies, and power relations, their effects on the identities and social relations, as well as the discourse role in the social and cultural processes.

Keywords: multiliteracies, critical literacy, emancipation, social transformation

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Authors: Felix O. Omosele

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Several studies have established that electronic voting machines are prone to multi-faceted challenges. One of which is their capacity to lose votes after the ballots might have been cast. Therefore, the international consensus appears to favour the use of electronic voting machines that are accompanied with verifiable audit paper audit trail (VVPAT). At present, there is no known study that has evaluated the impacts (or otherwise) of this verification and auditing on the authentication, admissibility and evidential weight of electronically-obtained electoral data. This legal inquiry is important as elections are sometimes won or lost in courts and on the basis of such data. This gap will be filled by the present research work. Using the United States of America as a case study, this paper employed a qualitative legal analysis of several of its appellate courts’ judicial opinions. This analysis equally unearths the necessary statutory rules and regulations that are important to the research problem. The objective of the research is to highlight the roles played by VVPAT on electoral evidence- as seen from the eyes of the court. The preliminary outcome of this qualitative analysis shows that the admissibility and weight attached to ‘Computer Evidence from e-voting machines (CEEM)’ are often treated with general standards applied to other computer-stored evidence. These standards sometimes fail to embrace the peculiar challenges faced by CEEM, particularly with respect to their tabulation and transmission. This paper, therefore, argues that CEEM should be accorded unique consideration by courts. It proposes the development of a legal standard which recognises verification and auditing as ‘weight enhancers’ for electronically-obtained electoral data.

Keywords: admissibility of computer evidence, electronic voting, qualitative legal analysis, voting machines in the USA

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Authors: Nithya Devi

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Poverty, hunger and water scarcity are threats to human rights and are assaults on human dignity. The very existence of man is questioned when his basic rights are violated. Addressing this social phenomenon should be a key objective of any human rights discourse. The origins of these problems have various root causes. For Asia, colonisation was an essential factor that caused great inequalities in the distribution of wealth. In the post-colonial era, the colonised states were developing nations grappling with these issues. Today, some of the developing states have progressed to developed nations. However, others remain as economically vulnerable countries. Within states, the widening income gap poses further threat to human rights. Hence ASEAN states have prioritised socio-economic rights, particularly basic needs, in the human rights discourse in this region. To date, poverty and development goals are given primary importance. This paper seeks to show how a human rights approach has dealt with poverty and development goals in this region and evaluates its effectiveness in addressing these concerns.

Keywords: ASEAN, development, human rights, poverty

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Authors: Muhammad Ilham Agus Salim

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This study aims to reconstruct the discourse of human rights which focused on the issue of freedom of religion/belief (FORB) in Indonesia. This topic always has an appeal considering the development of Islam, both as a phenomenon of religion as well as social and political phenomenon, always in touch with human rights issues. For the majority, Islam is involved in human rights discourse needs to be viewed as a natural thing as it also occurs in the majority group in other countries. The natural state is increasingly gaining affirmation when also considering the doctrine of Islam which is also related to human rights. So the involvement of Islamic parties to human rights talks in Indonesia is not as excessive when considering the sociological position and character of Islamic doctrine. But because of who made the object of conversation, namely human rights and particularly freedom of religion or belief again, not something that is taken for granted, then the diversity within Islam itself impossible can be avoided. In this study the diversity of views presented in the trial which categorically can be grouped into two views, namely: inclusive and exclusive.

Keywords: Islam doctrine, Islamic parties, human rights, freedom of religion

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Authors: Paula-Catalina Meirosu

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The economic migration (intra-EU) is a topic of debate in the public space in both countries of origin and countries of destination. Since the 1990s, after the collapse of communist regimes and then the accession of some former communist countries to the EU, the migratory flows of migrants (including Romanian migrants) to EU countries has been increased constantly. Italy is one of the main countries of destination among Romanians since at the moment Italy hosts more than one million Romanian migrants. Based on an interdisciplinary analytical framework focused on the theories in the field of transnationalism, media and migration studies and critical media analysis, this paper investigates the media construction of intra-EU economic migration in the Italian press from two main perspectives. The first point of view is the media representation of Romanian migrants in the Italian press in a specific context: the EU elections in 2014. The second one explores the way in which Romanian journalists use the media in the destinations countries (such as Italy) as a source to address the issue of migration. In this context, the paper focuses on online articles related to the Romanian migrants’ representation in the media before and during the EU elections in two newspapers (La Repubblica from Italy and Adevarul from Romania), published during January-May 2014. The methodology is based on a social-constructivist approach, predominantly discursive and includes elements of critical discourse analysis (CDA) to identify the patterns of Romanian migrants in the Italian press as well as strategies for building categories, identities, and roles of migrants. The aim of such an approach is to find out the dynamic of the media discourse on migration from a destination country in the light of a European electoral context (EU elections) and based on the results, to propose scenarios for the elections to be held this year.

Keywords: migration, media discourse, Romanian migrants, transnationalism

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Authors: Kunle Oparinde, Rachel Matteau-Matsha, Felix Awung

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In recent times, the issue of gender-based violence against women in South Africa is prevalent in headlines due to the high rate of attacks directed towards women. Ranging from teenagers to adults, women are continuously targeted indiscriminately in what is seemingly becoming a prolonged cycle in the country. To this end, human rights activists, organisations, and political leaders have managed to somewhat verbally condemn the atrocious acts. Further, interested people in South Africa, through walks and protests, have continued to speak against the swinging violence against women in the country. The thrust in this study is to explore and analyse how discourse (language) has been employed as a resounding voice against gender violence in the country. Through a purposive sampling of materials employed during walks and protests, collected from online sources, we examine how language is being used to combat and confront the issue of gender violence viz-a-viz how it continues to serve as a crucial tool in repelling gender violence.

Keywords: gender, violence, language, discourse, resistance

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Authors: Haiyan Huang, Jan Blommaert, Ellen Van Praet

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The embrace of neoliberal economic system in China has engendered the entry of global commodity capitalism into domestic Chinese market and ushered in the post-feminism that is closely associated with consumerism from western culture. Chinese women are instilled and thus hold the belief of empowering themselves and expressing their individualism through consumption. To unravel the consumerist ideologies embedded in Li’s discursive practices, we rely on critical discourse analysis (CDA) as our research framework. The data analyses suggest that cosmopolitanism and class are two repeating themes when Li engages in persuading consumerist behaviors from the female audience. Through hints and cues such as “going on business trips”, “traveling abroad”, “international brands” and among others, Li provides the access to and possibility of imagining cosmopolitan and middle class identity for his audience. Such yearning for western culture and global citizen identity also implicates the aspiration for a well-off socioeconomic status, proving that post-feminism in China not only embodies western consumerism but also implicates the struggle of class movement. These defining elements of choice and freedom are well-situated in contemporary Chinese society where women are enjoying more educational and economic independence than before. However a closer examination reveals conflicts between hegemonic discourse of post-feminism and the status quo. First, propagating women’s power through consumption obscure the entrenched gender inequality in China. Philosophies such as employment discrimination, equal payment, education right, etc., the cornerstones of feminism did not exist in China, leading to historical gender issues unsolved. Second, the lengthy broadcastings (which normally last more than 2 hours) featured with big discounts on products beg the question who are the real audience of ecommerce livestreaming. Seemingly addressing to young well-off Chinese females, Li’s discursive practice can be targeting at young but not wealthy girls who aspire to mimic the lifestyle of middle class women. By selling the idea of empowering and constructing identity through consuming beauty products (e.g., lipsticks), capitalists are endeavoring to create the post-feminism illusion and cause anxieties among Chinese females. Through in-depth analyses of hegemonic discourse on ecommerce livestreaming of lipsticks, the paper contributes to a better understanding of post-feminism in contemporary China and meanwhile illustrates the problems Chinese women face in securing power and equality.

Keywords: Chinese women, critical discourse analysis, ecommerce livestreaming, post-feminism

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Authors: Hannah Dean

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The growth ideology, and its association with progress, is an important construct in the narrative of modernity. This ideology is embedded in neoclassical economic growth theory which conceptualises growth as linear and predictable, and the entrepreneur as a rational economic manager. This conceptualisation has been critiqued for reinforcing the managerial discourse in entrepreneurship studies. Despite these critiques, both the neoclassical growth theory and its adjacent managerial discourse dominate entrepreneurship studies notably the literature on female entrepreneurs. The latter is the focus of this paper. Given this emphasis on growth, female entrepreneurs are portrayed as problematic because their growth lags behind their male counterparts. This image which ignores the complexity and diversity of female entrepreneurs’ experience persists in the literature due to the lack of studies that analyse the process and contextual factors surrounding female entrepreneurs’ experience. This study aims to address the subordination of female entrepreneurs by questioning the hegemonic logic of economic growth and the managerial discourse as a true representation for the entrepreneurial experience. This objective is achieved by drawing on Schumpeter’s theorising and narrative inquiry. This exploratory study undertakes in depth interviews to gain insights into female entrepreneurs’ experience and the impact of the economic growth model and the managerial discourse on their performance. The narratives challenge a number of assumptions about female entrepreneurs. The participants occupied senior positions in the corporate world before setting up their businesses. This is at odds with much writing which assumes that women underperform because they leave their career without gaining managerial experience to achieve work-life balance. In line with Schumpeter, who distinguishes the entrepreneur from the manager, the participants’ main function was innovation. They did not believe that the managerial paradigm governing their corporate careers was applicable to their entrepreneurial experience. Formal planning and managerial rationality can hinder their decision making process. The narratives point to the gap between the two worlds which makes stepping into entrepreneurship a scary move. Schumpeter argues that the entrepreneurial process is evolutionary and that failure is an integral part of it. The participants’ entrepreneurial process was in fact irregular. The performance of new combinations was not always predictable. They therefore relied on their initiative. The inhibition to deploy these traits had an adverse effect on business growth. The narratives also indicate that over-reliance on growth threaten the business survival as it faces competing pressures. The study offers theoretical and empirical contributions to (female) entrepreneurship studies by presenting Schumpeter’s theorising as an alternative theoretical framework to the neoclassical economic growth theory. The study also reduces entrepreneurs’ vulnerability by making them aware of the negative influence that the linear growth model and the managerial discourse hold upon their performance. The study has implications for policy makers as it generates new knowledge that incorporates the current social and economic changes in the context of entrepreneurs that can no longer be sustained by the linear growth models especially in the current economic climate.

Keywords: economic growth, female entrepreneurs, managerial discourse, Schumpeter

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Authors: Pushpinder Syal

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Literary writing carries the stamp of the current language of its time. In translating such texts, it becomes a challenge to capture such reflections which may be evident at several levels: the level of dialectal use of language by characters in stories, the alterations in syntax as tools of writers’ individual stylistic choices, the insertion of quasi-proverbial and gnomic utterances, and even the level of the pragmatics of narrative discourse. Discourse strategies may differ between earlier and later texts, reflecting changing relationships between narrators and readers in changed cultural and social contexts. This paper is a consideration of these features by an approach that combines historicity with a description, contextualizing language change within a discourse framework. The process of translating a collection of writings of Punjabi literature spanning 100 years was undertaken for this study and it was observed that the factor of the historicity of language was seen to play a role. While intended for contemporary readers, the translation of literature over the span of a century poses the dual challenge of needing to possess both accessibility and immediacy as well as adherence to the 'old world' styles of communicating and narrating. The linguistic changes may be observed in a more obvious sense in the difference of diction and word formation – with evidence of more hybridized and borrowed forms in modern and contemporary writings, as compared to the older writings. The latter not only contain vestiges of proverbs and folk sayings, but are also closer to oral speech styles. These will be presented and analysed in the form of chronological listing and by these means, the social process of translation from orality to written text can be seen as traceable in the above-mentioned works. More subtle and underlying shifts can be seen through the analysis of speech acts and implicatures in the same literature, in which the social relationships underlying language use are evident as discourse systems of belief and understanding. They present distinct shifts in worldview as seen at different points in time. However, some continuities of language and style are also clearly visible, and these aid the translator in putting together a set of thematic links which identify the literature of a region and community, and constitute essential outcomes in the effort to preserve its distinctive nature.

Keywords: cultural change, dialect, historicity, stylistic variation

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Authors: Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie Niriella

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The necessity of protection of the rights of victims of crime is a matter of concerns today. In the criminal justice system, child victims who are subjected to sexual abuse/violence are more vulnerable than the other crime victims. When they go to the police to lodge the complaint and until the end of the court proceedings, these victims are re-victimized in the criminal justice system. The rights of the suspects, accused and convicts are recognized and guaranteed by the constitution under fair trial norm, contemporary penal laws where crime is viewed as an offence against the State and existing criminal justice system in many jurisdictions including Sri Lanka. In this backdrop, a reasonable question arises as to whether the existing criminal justice system, especially which follow the adversarial mode of judicial trial protect the fair trial norm in the criminal justice process. Therefore, this paper intends to discuss the rights of the sexually abused child victims in the criminal justice system in order to restore imbalance between the rights of the wrongdoer and victim and suggest legal reforms to strengthen their rights in the criminal justice system which is essential to end secondary victimization. The paper considers Sri Lanka as a sample to discuss this issue. The paper looks at how the child victims are marginalized in the traditional adversarial model of the justice process, whether the contemporary penal laws adequately protect the right of these victims and whether the current laws set out the provisions to provide sufficient assistance and protection to them. The study further deals with the important principles adopted in international human rights law relating to the protection of the rights of the child victims in sexual offences cases. In this research paper, rights of the child victims in the investigation, trial and post-trial stages in the criminal justice process will be assessed. This research contains an extensive scrutiny of relevant international standards and local statutory provisions. Case law, books, journal articles, government publications such as commissions’ reports under this topic are rigorously reviewed as secondary resources. Further, randomly selected 25 child victims of sexual offences from the decided cases in last two years, police officers from 5 police divisions where the highest numbers of sexual offences were reported in last two years and the judicial officers both Magistrates and High Court Judges from the same judicial zones are interviewed. These data will be analyzed in order to find out the reasons for this specific sexual victimization, needs of these victims in various stages of the criminal justice system, relationship between victimization and offending and the difficulties and problems that these victims come across in criminal justice system. The author argues that the child victims are considerably neglected and their rights are not adequately protected in the adversarial model of the criminal justice process.

Keywords: child victims of sexual violence, criminal justice system, international standards, rights of child victims, Sri Lanka

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Authors: Ericson O. Alieto, Aprillete C. Devanadera

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The main objective of the study is to determine the dominant speech acts in five commemorative speeches of President Duterte. This study employed Speech Act Theory and Discourse analysis to determine how the speech acts features connote the pragmatic meaning of Duterte’s speeches. Identifying the speech acts is significant in elucidating the underlying message or the pragmatic meaning of the speeches. From the 713 sentences or utterances from the speeches, assertive with 208 occurrences from the corpus or 29% is the dominant speech acts. It was followed by expressive with 177 or 25% occurrences, directive accounts for 152 or 15% occurrences. While commisive accounts for 104 or 15% occurrences and declarative got the lowest percentage of occurrences with 72 or 10% only. These sentences when uttered by Duterte carry a certain power of language to move or influence people. Thus, the present study shows the fundamental message perceived by the listeners. Moreover, the frequent use of assertive and expressive not only explains the pragmatic message of the speeches but also reflects the personality of President Duterte.

Keywords: commemorative speech, discourse analysis, duterte, pragmatics

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Authors: Ocen Walter Onen

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In 2018, the World Bank reported that approximately 8.6% of the global population was languishing in multidimensional poverty. This reality both challenged and motivated the research on the topic above. This research critically examined the validity of integrating the concept of servant leadership into the discourse of poverty eradication. The researcher applied documentary research methodology. Therefore, relevant literature, both printed and electronic, was analyzed, and desired data were obtained to enrich the discussion. The main finding from the research shows that; the concept of ‘servant leadership’, despite being paradoxical in nature, has the necessary potential to accelerate the effort of eliminating multidimensional poverty in any given context. Based on that, the researcher recommended that; state-actors, multi-national corporations, development organizations such as the United Nations, and other agencies working to make poverty history in our generation should both prioritize and promotes the integration of the concept of servant leadership in their policies’ formation, organizational leadership and management, and project design, implementation and evaluation of poverty-eradication initiatives.

Keywords: multidimensional poverty, poverty eradication, servant leadership, United Nations

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Authors: Pamela Aimee Rigor

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This study aims to examine the representation of Syrian refugees resettled in Vancouver and the Lower Mainland in local community and major newspapers. While there is strong support for immigration in Canada, public opinion towards refugees and asylum seekers is a bit more varied. Concerns about the legitimacy of refugee claims are among the common concerns of Canadians, and hateful or negative narratives are still present in Canadian media discourse which affects how people view refugees. To counter the narratives, these Syrian refugees must publicly declare how grateful they are because they are resettled in Canada. The dominant media discourse is that these refugees should be grateful as they have been graciously accepted by Canada and Canadians, once again upholding the image of Canada being a generous and humanitarian nation. The study examined the representation of Syrian refugees and the Syrian refugee resettlement in Canadian newspapers from September 2015 to October 2017 – around the time Prime Minister Trudeau came into power up until the present. Using a combination of content and discourse analysis, it aimed to uncover how local community and major newspapers in Vancouver covered the Syrian refugee ‘crisis’ – more particularly, the arrival and resettlement of the refugees in the country. Using the qualitative data analysis software Nvivo 12, the newspapers were analyzed and sorted into themes. Based on the initial findings, the discourse of Canada being a humanitarian country and Canadians being generous, as well as the idea of Syrian refugees having to publicly announce how grateful they are, is still present in the local community newspapers. This seems to be done to counter the hateful narratives of citizens who might view them as people who are abusing help provided by the community or the services provided by the government. However, compared to the major and national newspapers in Canada, many these local community newspapers are very inclusive of Syrian refugee voices. Most of the News and Community articles interview Syrian refugees and ask them their personal stories of plight, survival, resettlement and starting a ‘new life’ in Canada. They are not seen as potential threats nor are they dismissed – the refugees were named and were allowed to share their personal experiences in these news articles. These community newspapers, even though their representations are far from perfect, actually address some aspects of the refugee resettlement issue and respond to their community’s needs. There are quite a number of news articles that announce community meetings and orientations about the Syrian refugee crisis, ways to help in the resettlement process, as well as community fundraising activities to help sponsor refugees or resettle newly arrived refugees. This study aims to promote awareness of how these individuals are socially constructed so we can, in turn, be aware of the certain biases and stereotypes present, and its implications on refugee laws and public response to the issue.

Keywords: forced migration and conflict, media representations, race and multiculturalism, refugee studies

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Authors: Tuba Sari

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One of the major transformations caused by the industrial revolution, technological developments and globalization is undoubtedly acceleration of urbanization process. Globalization, in particular, is one of the major factors that trigger this transformation. In this context, as a result of the global metropolitan city system, multifunctional rising structure forms are becoming undeniable fact of the world’s leading metropolises as the manifestation of prestige and power with different life choices, easy accessibility to services related to the era of technology. The scope of research deals with five different urban centers in İstanbul where high-rise housing is increasing dramatically after 2000’s. Therefore, the research regards multi-centered urban residential pattern being created by high-rise housing structures in the city. The methodology of the research is based on two main issue, one of them is related to sampling method of high-rise housing projects in İstanbul, while the other method of the research is based on the model of Semantics. In the framework of research hypothesis, it is aimed to prove that the character of vertical intensive structuring in Istanbul is based on seeking of different forms and images in the expressive quality, considering the production of existing high-rise buildings in residential areas in recent years. In respect to rising discourse of 'World City' in the globalizing world, it is very important to state the place of Istanbul in other developing world metropolises. In the perspective of 'World City' discourse, Istanbul has different projects concerning with globalization, international finance companies, cultural activities, mega projects, etc. In brief, the aim of this research is examining transformation forms of high-rise housing development in Istanbul within the frame of developing world cities, searching and analyzing discourse and image related to these projects.

Keywords: globalization, high-rise, housing, image

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Authors: Syed Hamid Farooq Bukhari

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This study intends to clarify the Friday sermon by evaluating the formation of its discourse, the composition, and selection of its subject matters, the structure, and functions of its rules as well as the outline of its communication proceeds, and the distinctiveness of its words along with definite provisions. In this research, a qualitative and descriptive method is used to draw out conclusions. This paper considers the sermon mechanism of the speech and advances it contextually. The information was composed in Pakistan and several of its mosques supposing the imams of the city and the location of the mosques. The presentation and analysis of the facts have directed to the subsequent conclusions: (1) the Friday sermon holds verbal discussion that has habitual and classic formation, (2) the approaches of the formation of the subjects consist of storytelling, quotation as well as the use of accepted terms, (3) the composition of the codes involves Arabic, English, Urdu, and many other local languages, (4) the expressions of the speech include all types of sermon acts, (5) different requisites emerge in the sermons demonstrating that the Friday sermon functions as an index or usage of verbal communication in an exacting field.

Keywords: Friday, sermons, Pakistan, social

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Authors: Brankica Bojovic

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Every study of advertising is intrinsically multidisciplinary, as the researcher must take into account the linguistic, social, psychological, economic, political and cultural factors that have all played a significant role in the history of advertising. A linguoculturological analysis of advertising aims to provide insight into the ideologies and archetypal structures that abide in the discourse of advertising messages, and give an overview of the academic research in the area of linguistics, and cultural and social studies that contributed to the demystification of the discourse of advertising. As the process of globalisation is gaining momentum, so is the expansion of businesses and economies, and migration of the population. Yet, the uniqueness of individual cultures prevails, and demonstrates that the process of communication and translation are not only matters of linguistic, but of cultural transferral as well. Therefore, even the world of business and advertising, the world of fast food, fast production, fast living, is programmed in accordance with the uniqueness of those cultures. The fact that culture, beliefs, ideologies, values and societal expectations permeate every sphere of advertising will be addressed through illustrative examples.

Keywords: culturology, ideology, linguistic analysis in advertising, linguistic and visual metaphors, propaganda, translation of advertisements

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Authors: Sonia Anand Knowlton

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With the rise of artificial intelligence, computer science is becoming increasingly integrated in virtually every area of life. Of course, the law is no exception. Through argumentation frameworks (AFs), computer scientists have used abstract algebra to structure the legal reasoning process in a way that allows conclusions to be drawn from a formalized system of arguments. In AFs, arguments compete against each other for logical success and are related to one another through the binary operation of the attack. The prevailing arguments make up the preferred extension of the given argumentation framework, telling us what set of arguments must be accepted from a logical standpoint. There have been several developments of AFs since its original conception in the early 90’s in efforts to make them more aligned with the human reasoning process. Generally, these developments have sought to add nuance to the factors that influence the logical success of competing arguments (e.g., giving an argument more logical strength based on the underlying value it promotes). The most cogent development was that of the Extended Argumentation Framework (EAF), in which attacks can themselves be attacked by other arguments, and the promotion of different competing values can be formalized within the system. This article applies the logical structure of EAFs to current theoretical understandings of judicial reasoning to contribute to theories of judging and to the evolution of AFs simultaneously. The argument is that the main limitation of EAFs, when applied to judicial reasoning, is that they require judges to themselves assign values to different arguments and then lexically order these values to determine the given framework’s preferred extension. Drawing on John Rawls’ Theory of Justice, the examination that follows is whether values are lexical and commensurable to this extent. The analysis that follows then suggests a potential extension of the EAF system with an approach that formalizes different “planes of attack” for competing arguments that promote lexically ordered values. This article concludes with a summary of how these insights contribute to theories of judging and of legal reasoning more broadly, specifically in indeterminate cases where judges must turn to value-based approaches.

Keywords: computer science, mathematics, law, legal theory, judging

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