Search results for: legal texts
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2131

Search results for: legal texts

2101 Three Issues for Integrating Artificial Intelligence into Legal Reasoning

Authors: Fausto Morais

Abstract:

Artificial intelligence has been widely used in law. Programs are able to classify suits, to identify decision-making patterns, to predict outcomes, and to formalize legal arguments as well. In Brazil, the artificial intelligence victor has been classifying cases to supreme court’s standards. When those programs act doing those tasks, they simulate some kind of legal decision and legal arguments, raising doubts about how artificial intelligence can be integrated into legal reasoning. Taking this into account, the following three issues are identified; the problem of hypernormatization, the argument of legal anthropocentrism, and the artificial legal principles. Hypernormatization can be seen in the Brazilian legal context in the Supreme Court’s usage of the Victor program. This program generated efficiency and consistency. On the other hand, there is a feasible risk of over standardizing factual and normative legal features. Then legal clerks and programmers should work together to develop an adequate way to model legal language into computational code. If this is possible, intelligent programs may enact legal decisions in easy cases automatically cases, and, in this picture, the legal anthropocentrism argument takes place. Such an argument argues that just humans beings should enact legal decisions. This is so because human beings have a conscience, free will, and self unity. In spite of that, it is possible to argue against the anthropocentrism argument and to show how intelligent programs may work overcoming human beings' problems like misleading cognition, emotions, and lack of memory. In this way, intelligent machines could be able to pass legal decisions automatically by classification, as Victor in Brazil does, because they are binding by legal patterns and should not deviate from them. Notwithstanding, artificial intelligent programs can be helpful beyond easy cases. In hard cases, they are able to identify legal standards and legal arguments by using machine learning. For that, a dataset of legal decisions regarding a particular matter must be available, which is a reality in Brazilian Judiciary. Doing such procedure, artificial intelligent programs can support a human decision in hard cases, providing legal standards and arguments based on empirical evidence. Those legal features claim an argumentative weight in legal reasoning and should serve as references for judges when they must decide to maintain or overcome a legal standard.

Keywords: artificial intelligence, artificial legal principles, hypernormatization, legal anthropocentrism argument, legal reasoning

Procedia PDF Downloads 115
2100 Intertextuality in Tourism Advertising: Sources of Knowledge Asymmetries in Translating Vocative Texts

Authors: Maria Ilyushkina

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The article addresses the problem of translating vocative texts with intertextual references and describes the influence of language on how knowledge and meaning are developed in the field of advertising. The starting point of the article takes advertisements from the sphere of tourism and the way we choose, translate, and interpret intertexts. The article focuses on the perception and understanding of the information in printed texts advertising recreational facilities and services for tourists as the target audience by representatives of other cultures and the knowledge intertexts convey. The authors argue that intertextuality complicates translation leading to knowledge asymmetries. Studying typical communicative failures is considered to be of great importance, allowing for improvement in the practice of translation in the sphere of advertising as well as preventing the fallacious transfer of knowledge when translating foreign intertexts.

Keywords: advertising, translation, intertext, Russian culture, knowledge asymmetries, tourism, vocative texts

Procedia PDF Downloads 104
2099 The Role of Legal Translation in Conflict Resolution: The Case of the Anglophone Crisis in Cameroon

Authors: Shwiri Eshwa Chumbow

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This research paper explores the contribution of legal translation in conflict resolution with a specific focus on the Anglophone Crisis in Cameroon. The Anglophone Crisis, which emerged from grievances concerning language and legal systems, has underscored the importance of accurate and culturally sensitive legal translation services. Using documentary research and case study analysis, this paper examines the impact of translation (or lack thereof) on conflict resolution and proposes translation-related solutions to resolve the conflict and promote peace. The findings highlight the critical role of (legal) translation in bridging linguistic and cultural gaps, facilitating dialogue, and fostering understanding in conflict resolution processes.

Keywords: anglophone crisis, Cameroon, conflict resolution, francophone, legal translation, translation

Procedia PDF Downloads 50
2098 Polycode Texts in Communication of Antisocial Groups: Functional and Pragmatic Aspects

Authors: Ivan Potapov

Abstract:

Background: The aim of this paper is to investigate poly code texts in the communication of youth antisocial groups. Nowadays, the notion of a text has numerous interpretations. Besides all the approaches to defining a text, we must take into account semiotic and cultural-semiotic ones. Rapidly developing IT, world globalization, and new ways of coding of information increase the role of the cultural-semiotic approach. However, the development of computer technologies leads also to changes in the text itself. Polycode texts play a more and more important role in the everyday communication of the younger generation. Therefore, the research of functional and pragmatic aspects of both verbal and non-verbal content is actually quite important. Methods and Material: For this survey, we applied the combination of four methods of text investigation: not only intention and content analysis but also semantic and syntactic analysis. Using these methods provided us with information on general text properties, the content of transmitted messages, and each communicants’ intentions. Besides, during our research, we figured out the social background; therefore, we could distinguish intertextual connections between certain types of polycode texts. As the sources of the research material, we used 20 public channels in the popular messenger Telegram and data extracted from smartphones, which belonged to arrested members of antisocial groups. Findings: This investigation let us assert that polycode texts can be characterized as highly intertextual language unit. Moreover, we could outline the classification of these texts based on communicants’ intentions. The most common types of antisocial polycode texts are a call to illegal actions and agitation. What is more, each type has its own semantic core: it depends on the sphere of communication. However, syntactic structure is universal for most of the polycode texts. Conclusion: Polycode texts play important role in online communication. The results of this investigation demonstrate that in some social groups using these texts has a destructive influence on the younger generation and obviously needs further researches.

Keywords: text, polycode text, internet linguistics, text analysis, context, semiotics, sociolinguistics

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2097 Expressivity of Word-Formation in English and Russian Advertising Lexicon

Authors: Voronina Ekaterina Borisovna

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The problem of expressivity of advertising lexicon is studied in the article. The comparison of English and Russian advertising lexicons is done. The objects of the analysis were English and Russian advertising texts, both printed advertising texts and texts extracted from the commercials. Some conclusions concerning the expressivity of advertising lexicon were made. Expressivity can be included in the semantic structure of words or created by word-formation means. Expressivity caused by morphological derivatives includes such facilities as derivational affixes, models and types of word formation.

Keywords: advertising lexicon, expressivity, word-formation means, linguistics

Procedia PDF Downloads 323
2096 Functionality of Promotional and Advertising Texts: Pragmatic Implications for English-Arabic Translation

Authors: Jamal Gaber Abdalla

Abstract:

In business promotion and advertising, language is used intentionally to create a powerful influence over people and their behavior. In commercial and marketing activities, the choice of language to convey specific messages with the intention of influencing people is pragmatically important. Design and visual content in promotional and advertising texts also have a great persuasive impact on consumers. It is the functional combination of design, language and visual content that helps people to identify a product or service and remember it. Translating promotional and advertising texts between structurally and culturally different languages, such as English and Arabic, usually involves pragmatic/functional shifts that decide the quality of translation. This study explores some of these shifts in translating promotional and advertising texts between English and Arabic and their implications for translation quality. The study is based on a contrastive analysis of data collected from real samples of English-Arabic translations of promotional and advertising texts. The samples cover different promotional and advertising text types and different business domains. The aim is to identify the most recurrent translation shifts and most used translation approaches/strategies that achieve quality in view of the functional nature of promotional and advertising texts and target language culture conventions. The study shows that linguistic shifts and visual shifts are recurrent in English-Arabic translations of promotional and advertising texts. The study also shows that the most commonly used translation approaches/strategies are functional translation, domestication, communicative translation.

Keywords: advertising, Arabic, English, functional translation, promotion

Procedia PDF Downloads 324
2095 Comparison of Presented Definitions to Authenticity and Integrity

Authors: Golnaz Salehi Mourkani

Abstract:

Two conception of Integrity and authenticity, in texts have just applied respectively for adaptive reuse and conservation, which in comparison with word “Integrity” in texts related to adaptive reuse is much more seen than Authenticity, which is often applied with conservation. According to Stove, H., (2007) in some cases, this conception have used with this form “integrity/authenticity” in texts, that cause to infer one conception of both. In this article, with referring to definitions and comparison of aspects specialized to both concept of “Authenticity and Integrity” through literature review, it was attempted to examine common and distinctive aspects of each one, then with this method we can reach their differences in adaptive reuse.

Keywords: adaptive reuse, integrity, authenticity, conservation

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2094 Working Together: The Nature of Collaborative Legal and Social Services and Their Influence on Practice

Authors: Jennifer Donovan

Abstract:

Practice collaborations between legal assistance and social support services have emerged as a growing framework worldwide for delivering services to clients with high degrees of disadvantage, vulnerability and complexity. In Australia, the past five years has seen a significant growth in these socio-legal collaborations, with programs being delivered through legal, social service and health organizations and addressing a range of issues including mental health, immigration, parental child abduction and domestic violence. This presentation is based on research currently mapping the nature of these collaborations in Australia and exploring the influence that collaborating professions are having on each other’s practice. In a similar way to problem-solving courts being seen as a systematic take up of therapeutic jurisprudence in the court setting, socio-legal collaborations have the potential to be a systematic take up of therapeutic jurisprudence in an advice setting. This presentation will explore the varied ways in which socio-legal collaboration is being implemented in these programs. It will also explore the development of interdisciplinary therapeutic jurisprudence within them, with preliminary findings suggesting that both legal and social service practice is being influenced by the collaborative setting, with legal practice showing a more therapeutic orientation and social service professions, such as social work, moving toward a legal and rights orientation.

Keywords: collaboration, socio-legal, Australia, therapeutic jurisprudence

Procedia PDF Downloads 309
2093 Citation Analysis of New Zealand Court Decisions

Authors: Tobias Milz, L. Macpherson, Varvara Vetrova

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The law is a fundamental pillar of human societies as it shapes, controls and governs how humans conduct business, behave and interact with each other. Recent advances in computer-assisted technologies such as NLP, data science and AI are creating opportunities to support the practice, research and study of this pervasive domain. It is therefore not surprising that there has been an increase in investments into supporting technologies for the legal industry (also known as “legal tech” or “law tech”) over the last decade. A sub-discipline of particular appeal is concerned with assisted legal research. Supporting law researchers and practitioners to retrieve information from the vast amount of ever-growing legal documentation is of natural interest to the legal research community. One tool that has been in use for this purpose since the early nineteenth century is legal citation indexing. Among other use cases, they provided an effective means to discover new precedent cases. Nowadays, computer-assisted network analysis tools can allow for new and more efficient ways to reveal the “hidden” information that is conveyed through citation behavior. Unfortunately, access to openly available legal data is still lacking in New Zealand and access to such networks is only commercially available via providers such as LexisNexis. Consequently, there is a need to create, analyze and provide a legal citation network with sufficient data to support legal research tasks. This paper describes the development and analysis of a legal citation Network for New Zealand containing over 300.000 decisions from 125 different courts of all areas of law and jurisdiction. Using python, the authors assembled web crawlers, scrapers and an OCR pipeline to collect and convert court decisions from openly available sources such as NZLII into uniform and machine-readable text. This facilitated the use of regular expressions to identify references to other court decisions from within the decision text. The data was then imported into a graph-based database (Neo4j) with the courts and their respective cases represented as nodes and the extracted citations as links. Furthermore, additional links between courts of connected cases were added to indicate an indirect citation between the courts. Neo4j, as a graph-based database, allows efficient querying and use of network algorithms such as PageRank to reveal the most influential/most cited courts and court decisions over time. This paper shows that the in-degree distribution of the New Zealand legal citation network resembles a power-law distribution, which indicates a possible scale-free behavior of the network. This is in line with findings of the respective citation networks of the U.S. Supreme Court, Austria and Germany. The authors of this paper provide the database as an openly available data source to support further legal research. The decision texts can be exported from the database to be used for NLP-related legal research, while the network can be used for in-depth analysis. For example, users of the database can specify the network algorithms and metrics to only include specific courts to filter the results to the area of law of interest.

Keywords: case citation network, citation analysis, network analysis, Neo4j

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2092 Comparison of Presented Definitions and Aspects of Authenticity and Integrity in Adaptive Reuse

Authors: Golnaz Salehi Mourkani

Abstract:

Two conception of Integrity and authenticity, in texts have just applied respectively for adaptive reuse and conservation, which in comparison with word “Integrity” in texts related to adaptive reuse is much more seen than Authenticity, which is often applied with conservation. According to Stove, H. (2007) in some cases, this conception have used with this form “integrity/authenticity” in texts, that cause to infer one conception of both. In this article, with referring to definitions and comparison of aspects specialized to both concept of “Authenticity and Integrity” through literature review, it was attempted to examine common and distinctive aspects of each one, then with this method we can reach their differences in adaptive reuse.

Keywords: adaptive reuse, integrity, authenticity, conservation

Procedia PDF Downloads 429
2091 Assignment of Legal Personality to Robots: A Premature Meditation

Authors: Solomon Okorley

Abstract:

With the emergence of artificial intelligence, a proposition that has been made with increasing conviction is the need to assign legal personhood to robots. A major problem that arises when dealing with robots is the issue of liability: who do it hold liable when a robot causes harm? The suggestion to assign legal personality to robots has been made to aid in the assignment of liability. This paper contends that it is premature to assign legal personhood to robots. The paper employed the doctrinal and comparative research methodology. The paper first discusses the various theories that underpin the granting of legal personhood to juridical personalities to ascertain whether these theories can aid in the proposition to assign legal personhood to robots. These theories include fiction theory, aggregate theory, realist theory, and organism theory. Except for the aggregate theory, the fiction theory, the realist theory and the organism theory provide a good foundation to the proposal for legal personhood to be assigned to robots. The paper considers whether robots should be assigned legal personhood from a jurisprudential approach. The legal positivists assert that no metaphysical presuppositions are needed to determine who could be a legal person: the sole deciding factor is the engagement in legal relations and this prerequisite could be fulfilled by robots. However, rationalists, religionists and naturalists assert that the satisfaction of the metaphysical criteria is the basis of legal personality and since robots do not possess this feature, they cannot be assigned legal personhood. This differing perspective shows that the jurisprudential school of thought to which one belongs influences the decision whether to assign legal personhood to robots. The paper makes arguments for and against the assigning of legal personhood to robots. Assigning legal personhood to robots is necessary for the assigning of liability; and since robots are independent in their operation, they should be assigned legal personhood. However, it is argued that the degree of autonomy is insufficient. Robots do not understand legal obligations; they do not have a will of their own and the purported autonomy that they possess is an ‘imputed autonomy’. A crucial question to be asked is ‘whether it is desirable to confer legal personhood on robots’ and not ‘whether legal personhood should be assigned to robots’. This is due to the subjective nature of the responses to such a question as well as the peculiarities of countries in response to this question. The main argument in support of assigning legal personhood to robots is to aid in assigning liability. However, it is argued conferring legal personhood on robots is not the only way to deal with liability issues. Since any of the stakeholders involved with the robot system can be held liable for an accident, it is not desirable to assign legal personhood to robot. It is forecasted that in the epoch of strong artificial intelligence, granting robots legal personhood is plausible; however, in the current era, it is premature.

Keywords: autonomy, legal personhood, premature, jurisprudential

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2090 Lease Contract: Concept and Types, Comparative Legal Analysis Between Bulgarian Legislation and European Countries

Authors: Veselin Konstantinov Hristov

Abstract:

In recent years, the lease contract has become more and more applicable and occupies a key place in commercial relations and business. In Bulgaria, the legal regulation of the leasing contract is relatively new and imperfectly developed. There are many legal loopholes and it is they that determine the need for a comparative legal analysis. The purpose of the study is to analyze the various European legislations regarding the leasing contract and to find effective solutions for the legal system of Bulgaria. First of all, are examined the concept of the leasing contract, which originated in the United States of America around the 1950s and spread in Europe, and the etymology of the term "leasing". After that, the main types of lease contracts – financial and operational – are examined and analyzed in detail. Their features and characteristics were studied, as well as a comparative analysis was made between them. Next, in the research, a comparative-legal analysis of the leasing contract in different European countries was made in terms of its development and distribution, as well as its legal characteristics. The mechanism of action and functioning of the leasing contract in several European countries is analyzed. Conclusions are made regarding the legal framework under which the lease contract is most effective. Types of leasing contracts specific only to certain European countries and their advantages are examined. In conclusion, recommendations are made to improve the legal framework of the leasing contract in Bulgaria.

Keywords: alternative financing, leasing contract, financing instruments, innovation

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2089 Comparative International Law and Feminist Legal Studies, Uniting to Make a Difference in Addressing the Disempowerment of Women

Authors: Isaac Kfir

Abstract:

In thinking about the role of the law and its impact on socially constructed norms and identities, scholars have come to explore a multitude of issues to do with equality, empowerment, and views. The aim of this contribution is threefold. Firstly, offer a descriptive framework of feminist legal studies (FLS) through a review of the evolution of the field in the context of equality, rights, and justice. Secondly, encourage those working on equality, rights, and justice in respect to ‘women’s issues’ to engage in international comparative legal studies. Third, to highlight that those seeking solutions to disempowerment and discrimination must recognize that they need to contend with claims that one is seeking to undermine cultural norms. Therefore, one effective way for feminists to address this situation is by relying more on the international legal mechanism, which reflects basic legal tenets as to the universality of equality, rights, and justice, that can then help shape the domestic setting.

Keywords: international comparative law, feminist legal studies, equality, rights, justice

Procedia PDF Downloads 241
2088 Efficiency of Google Translate and Bing Translator in Translating Persian-to-English Texts

Authors: Samad Sajjadi

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Machine translation is a new subject increasingly being used by academic writers, especially students and researchers whose native language is not English. There are numerous studies conducted on machine translation, but few investigations have assessed the accuracy of machine translation from Persian to English at lexical, semantic, and syntactic levels. Using Groves and Mundt’s (2015) Model of error taxonomy, the current study evaluated Persian-to-English translations produced by two famous online translators, Google Translate and Bing Translator. A total of 240 texts were randomly selected from different academic fields (law, literature, medicine, and mass media), and 60 texts were considered for each domain. All texts were rendered by the two translation systems and then by four human translators. All statistical analyses were applied using SPSS. The results indicated that Google translations were more accurate than the translations produced by the Bing Translator, especially in the domains of medicine (lexis: 186 vs. 225; semantic: 44 vs. 48; syntactic: 148 vs. 264 errors) and mass media (lexis: 118 vs. 149; semantic: 25 vs. 32; syntactic: 110 vs. 220 errors), respectively. Nonetheless, both machines are reasonably accurate in Persian-to-English translation of lexicons and syntactic structures, particularly from mass media and medical texts.

Keywords: machine translations, accuracy, human translation, efficiency

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2087 The Legal Nature of Grading Decisions and the Implications for Handling of Academic Complaints in or out of Court: A Comparative Legal Analysis of Academic Litigation in Europe

Authors: Kurt Willems

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This research examines complaints against grading in higher education institutions in four different European regions: England and Wales, Flanders, the Netherlands, and France. The aim of the research is to examine the correlation between the applicable type of complaint handling on the one hand, and selected qualities of the higher education landscape and of public law on the other hand. All selected regions report a rising number of complaints against grading decisions, not only as to internal complaint handling within the institution but also judicially if the dispute persists. Some regions deem their administrative court system appropriate to deal with grading disputes (France) or have even erected a specialty administrative court to facilitate access (Flanders, the Netherlands). However, at the same time, different types of (governmental) dispute resolution bodies have been established outside of the judicial court system (England and Wales, and to lesser extent France and the Netherlands). Those dispute procedures do not seem coincidental. Public law issues such as the underlying legal nature of the education institution and, eventually, the grading decision itself, have an impact on the way the academic complaint procedures are developed. Indeed, in most of the selected regions, contractual disputes enjoy different legal protection than administrative decisions, making the legal qualification of the relationship between student and higher education institution highly relevant. At the same time, the scope of competence of government over different types of higher education institutions; albeit direct or indirect (o.a. through financing and quality control) is relevant as well to comprehend why certain dispute handling procedures have been established for students. To answer the above questions, the doctrinal and comparative legal method is used. The normative framework is distilled from the relevant national legislative rules and their preparatory texts, the legal literature, the (published) case law of academic complaints and the available governmental reports. The research is mainly theoretical in nature, examining different topics of public law (mainly administrative law) and procedural law in the context of grading decisions. The internal appeal procedure within the education institution is largely left out of the scope of the research, as well as different types of non-governmental-imposed cooperation between education institutions, given the public law angle of the research questions. The research results in the categorization of different academic complaint systems, and an analysis of the possibility to introduce each of those systems in different countries, depending on their public law system and higher education system. By doing so, the research also adds to the debate on the public-private divide in higher education systems, and its effect on academic complaints handling.

Keywords: higher education, legal qualification of education institution, legal qualification of grading decisions, legal protection of students, academic litigation

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2086 Employee Inventor Compensation: A New Quest for Comparative Law

Authors: Andrea Borroni

Abstract:

The evolution of technology, the global scale of economy, and the new short-term employment contracts make a very peculiar set of disposition of raising interest for the legal interpreter: the employee inventor compensation. Around the globe, this issue is differently regulated according to the legal systems; therefore, it is extremely fragmented. Of course, employers with transnational businesses should face this issue from a comparative perspective. Different legal regimes are available worldwide awarding, as a consequence, diverse compensation to the inventor and according to their own methodology. Given these premises, the recourse to comparative law methodology (legal formants, diachronic and synchronic methodology, common core approach) is the best equipped to face all these different national approaches in order to achieve a tidy systematic. This research, so, elaborates a map of the specific criteria to grant the compensation for the inventor and to show the criteria to calculate them. This finding has been the first step to find out a common core of the discipline given by the common features present in the different legal systems.

Keywords: comparative law, employee invention, intellectual property, legal transplant

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2085 Human-Automation Interaction in Law: Mapping Legal Decisions and Judgments, Cognitive Processes, and Automation Levels

Authors: Dovile Petkeviciute-Barysiene

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Legal technologies not only create new ways for accessing and providing legal services but also transform the role of legal practitioners. Both lawyers and users of legal services expect automated solutions to outperform people with objectivity and impartiality. Although fairness of the automated decisions is crucial, research on assessing various characteristics of automated processes related to the perceived fairness has only begun. One of the major obstacles to this research is the lack of comprehensive understanding of what legal actions are automated and could be meaningfully automated, and to what extent. Neither public nor legal practitioners oftentimes cannot envision technological input due to the lack of general without illustrative examples. The aim of this study is to map decision making stages and automation levels which are and/or could be achieved in legal actions related to pre-trial and trial processes. Major legal decisions and judgments are identified during the consultations with legal practitioners. The dual-process model of information processing is used to describe cognitive processes taking place while making legal decisions and judgments during pre-trial and trial action. Some of the existing legal technologies are incorporated into the analysis as well. Several published automation level taxonomies are considered because none of them fit well into the legal context, as they were all created for avionics, teleoperation, unmanned aerial vehicles, etc. From the information processing perspective, analysis of the legal decisions and judgments expose situations that are most sensitive to cognitive bias, among others, also help to identify areas that would benefit from the automation the most. Automation level analysis, in turn, provides a systematic approach to interaction and cooperation between humans and algorithms. Moreover, an integrated map of legal decisions and judgments, information processing characteristics, and automation levels all together provide some groundwork for the research of legal technology perceived fairness and acceptance. Acknowledgment: This project has received funding from European Social Fund (project No 09.3.3-LMT-K-712-19-0116) under grant agreement with the Research Council of Lithuania (LMTLT).

Keywords: automation levels, information processing, legal judgment and decision making, legal technology

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2084 Comparison of Buyback Contracts and Concession Regimes in the Regime of the Common Law System and the Islamic Legal Regime

Authors: Javid Zarei

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International buyback contracts are a type of contract service. These kinds of contracts are the most important instrument for attracting foreign investors in accordance with Iran's laws. These contracts have been the basis of commercial and economic relations between Iran and foreign companies for about 30 years. The legal structure of this type of contract has gradually evolved, so today, an advanced generation of it under the title of Iran Petroleum Contract is being used in the industry of Iran. This article has analytically examined the issue of Iran's commercial contracts in the oil industry and contracting services and allocated sections to examine the strengths and weaknesses of these oil contracts. Also, this research is an attempt to examine and compare the Concession regime with the Buyback contracts, each of which is derived from the common law legal system and the Islamic legal system, respectively.

Keywords: buyback contracts, concession regime, ownership, common law legal system, Islamic legal system of Iran

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2083 Gabriel Mtsire’s "The Golden Spring" and Its Primary Sources, Textual and Content Changes Based on Cultural Development in the Context of the 4th-20th Centuries

Authors: Georgi Kalandadze

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

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

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2082 Designing a Legal Framework for Social Innovation

Authors: Prapin Nuchpiam

Abstract:

The importance of social innovation has become increasingly significant as the process of developing effective solutions to social problems and being a force of change for people’s better quality of life. In order to promote social innovation, active collaboration between government, business organizations, and the civil society sector is needed. A proper legal framework also plays an important role in building the social innovation ecosystem. Currently, there is no specific law designed for social innovation or a so-called “social innovation law”. One of the legal frameworks for social innovation is the development of hybrid legal forms for social enterprises such as the UK’s Community Interest Company (CIC), the US’s Low-Profit Limited Liability Company (L3C) and the US’s Benefit Corporation (B-Corp), among others. This is because social enterprise is recognized as an organizational form of social innovation with its aim for social benefit goals and the achievement of financial sustainability. Nonetheless, there has been a debate over the differences and similarities between social innovation and social enterprise. Thus, social enterprise law might not fit well with social innovation, resulting in a search for a legal framework specially designed for social innovation. This paper aims to study the interrelationship between social innovation, social enterprise, and the role of law to see whether we need a specific law for social innovation. If so, what should such a legal framework look like? The paper will provide a critical analysis of innovative legal forms for social enterprise as a type of social innovation law. A proper legal framework for social innovation could help promote the sector, which could result in finding new solutions to social problems. It will also bring about a greater common understanding of the exciting development of legal scholarship in this way, which will, in turn, serve as a productive basis or direction for further research on this increasingly important topic.

Keywords: social innovation, social enterprise, legal framework, regulation

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2081 Food Consumer Protection in Moroccan Legal System: A Systematic Review

Authors: Bouchaib Gazzaz, Mounir Mehdi

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In order to ensure consumer food protection, the food industry has a legal obligation to provide food products that comply with the requirements of the legislation in force. National regulations in this area occupy an important place in the food control system in terms of consumer protection. This article discusses the legal and regulatory framework of food safety and consumer protection in Moroccan law. We used the doctrinal research approach by analyzing the judicial normative and bibliographic legal research. As a result, we were able to present the basic principles of consumer food protection by showing to what extent the food safety law provides effective consumer protection in Morocco. We have concluded that there is an impact -in terms of consumer legal protection- of food law reform on the concept of food safety.

Keywords: food safety, Morocco, consumer protection, framework, food law

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2080 Reconciling the Modern Standard Arabic with the Local Dialects in Writing Literary Texts

Authors: Ahmed M. Ghaleb, Ehab S. Al-Nuzaili

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This paper attempts to shed light on the question of the choice between standard Arabic and the vernacular in writing literary texts. Modern Standard Arabic (MSA) has long been the formal language of writing education, administration, and media, shred across the Arab countries. In the mid-20th century, some writers have begun to write their literary works in local dialects claiming that they can be more realistic. On the other hand, other writers have opposed this new trend as it can be a threat to the Standard Arabic or MSA that unify all Arabs. However, some other writers, like Tawfiq al-Hakim, Hamed Damanhouri, Najib Mahfouz, and Hanna Mineh, attempted to solve this problem by using what W. M. Hutchins called a 'hybrid language', a middle language between the standard and the vernacular. It is also termed 'a third language'. The paper attempts to examine some of the literary texts in which a combination of the standard and the colloquial is employed. Thus, the paper attempts to find out a solution by proposing a third language, a form that can combine the MSA and the colloquial, and the possibility of using it in writing literary texts. Therefore, the paper can bridge the gap between the different levels of Arabic.

Keywords: modern standard arabic, dialect or vernacular, diglossia, third language

Procedia PDF Downloads 100
2079 Legal Feminism, Modernity and Their Impact on Some African Countries

Authors: Umulisa Linda, Andy Cons Matata

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The origin of legal feminism can be attributed to an attempt to provide a safe space for women such as voting, parental, and inheritance rights, among others. It was also a rebellion against male supremacy. However, with the development of technology and especially in the era of the internet, it appears that both legal feminism and the modernism are losing their luster. While these movements had their origin either in the United States of America or western Europe, their impacts have been felt as far as Africa, Asia, and Latin America. In Africa, different countries have different levels of penetration of these movements. This study, therefore, had its focus on how legal feminism and modernism have influenced legal developments in Kenya and Rwanda. The study adopted a qualitative approach with the respondents being asked about their feelings and perceptions on how the two movements had affected legal developments in their countries. In order to gauge the opinion of different categories of people such as the youth, middle-aged and the elderly people as well as being gender-sensitive, the study adopted a purpose method of sampling. The questionnaires and the focus group discussions were employed as the main tools for data gathering. From the questionnaires, the focus group discussions, and the data analysis that followed, the study concluded that both legal feminism and modernity had penetrated the legal systems of both Kenya and Rwanda so deeply. The study further found that the proponents of the two movements were mostly urban based and educated women. The men were generally opposed to the movements.

Keywords: legal development, legal feminsim, modernism, voting, parental and inheritance rights

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2078 The Need for a More Robust Legal Framework to Curb the Rise in Violence against Game Officials

Authors: A. Roomy

Abstract:

The dramatic rise in violence against game officials has affected all levels of sports including recreational, amateur, and professional sports. One way to combat this rise in violence is through the creation of laws specifically aimed at preventing and punishing this kind of violence. This paper will use related legal cases as a starting point to explore possible ways of better protecting the safety of game officials. It will do this by looking at relevant cases, related legal issues, and two specific ways of reducing violence against game officials. In closing, it will be argued that there needs to be a more robust legal approach with emphasis on criminal and civil penalties for assault and battery, and a more comprehensive social approach with emphasis on raising social awareness on the need to protect game officials from violence.

Keywords: game officials, legal issues, safety, violence

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2077 The Principle of the Protection of Legitimate Expectation: Analysis the Adjudications of Thailand Court

Authors: Paiboon Chuwatthanakij

Abstract:

In reference to the legal state in the Thai legal system, most people understand the minor principles of the legal state form, which are the principles that can be explained and understood easily and the results can be seen clearly, especially in the legitimacy of administrative acts. Therefore, there is no awareness of justice, which is the fundamental value of Thai law. The legitimacy of administrative acts requires the administration to adhere to the constitution and legislative laws in enforcement of the laws. If it appears that the administrative acts are illegitimate, the administrative court, as the court of justice, will revoke those acts as if they had never been set in the legal system, this will affect people’s trust as they are unaware as to whether the administrative acts that appoint their lives are legitimate or not. Regarding the revocation of administrative orders by the administrative court as if those orders had never existed, the common individual surely cannot be expected to comprehend the security of their juristic position. Therefore, the legal state does not require a revocation of the government’s acts to terminate its legal results merely because those acts are illegitimate, but there should be considerations and realizations regarding the “The Principle of the Protection of Legitimate Expectation,” which is a minor principle in the legal state’s content that focuses on supporting and protecting legitimate expectations of the juristic position of an individual and maintaining justice, which is the fundamental value of Thai law

Keywords: legal state, rule of law, protection of legitimate, adjudication

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2076 Problems concerning Legal Regulation of Electronic Governance in Georgia

Authors: Giga Phartenadze

Abstract:

In the legal framework of regulation of electronic governance, those norms are considered which include measures for improvement of functions of public institutions and a complex of actions for raising their standard such as websites of public institutions, online services, some forms of internet interactions and higher level of internet services. An important legal basis for electronic governance in Georgia is Georgian Law about Electronic Communications which defines legal and economic basis for utilizing electronic communication systems in Georgia. As for single electronic basis for e-governance regulation, it can be said that it does not exist at all. The official websites of public institutions do not have standards for proactive spreading of information. At the same time, there is no common legal norm which would make all public institutions have an official website for public relations, accountability, publicity, and raising information quality. Electronic governance in Georgia needs comprehensive legal regulation. Public administration in electronic form is on the initial stage of development. Currently existing legal basis has a low quality for public institutions and officials as well as citizens and business. Services of e-involvement and e-consultation have also low quality. So far there is no established legal framework for e-governance. Therefore, a single legislative system of e-governance should be created which will help develop effective, comprehensive and multi component electronic systems in the country (central, regional, local levels). Such comprehensive legal framework will provide relevant technological, institutional, and informational conditions.

Keywords: law, e-government, public administration, Georgia

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2075 Multimodal Content: Fostering Students’ Language and Communication Competences

Authors: Victoria L. Malakhova

Abstract:

The research is devoted to multimodal content and its effectiveness in developing students’ linguistic and intercultural communicative competences as an indefeasible constituent of their future professional activity. Description of multimodal content both as a linguistic and didactic phenomenon makes the study relevant. The objective of the article is the analysis of creolized texts and the effect they have on fostering higher education students’ skills and their productivity. The main methods used are linguistic text analysis, qualitative and quantitative methods, deduction, generalization. The author studies texts with full and partial creolization, their features and role in composing multimodal textual space. The main verbal and non-verbal markers and paralinguistic means that enhance the linguo-pragmatic potential of creolized texts are covered. To reveal the efficiency of multimodal content application in English teaching, the author conducts an experiment among both undergraduate students and teachers. This allows specifying main functions of creolized texts in the process of language learning, detecting ways of enhancing students’ competences, and increasing their motivation. The described stages of using creolized texts can serve as an algorithm for work with multimodal content in teaching English as a foreign language. The findings contribute to improving the efficiency of the academic process.

Keywords: creolized text, English language learning, higher education, language and communication competences, multimodal content

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2074 Documenting the Undocumented: Performing Counter-Narratives on Citizenship

Authors: Luis Pascasio

Abstract:

In a time when murky debates on US immigration policy are polarizing a nation steeped in partisan and nativist politics, certain media texts are proposing to challenge the dominant ways in which immigrant discourses are shaped in political debates. The paper will examine how two media texts perform counter-hegemonic discourses against institutionalized concepts on citizenship. The article looks at Documented (2014), a documentary film, written and directed by Jose Antonio Vargas, a Pulitzer-winning journalist-turned-activist and a self-proclaimed undocumented immigrant; and DefineAmerican.com, an online media platform that articulates the convergence of multiple voices and discourses about post-industrial and post-semiotic citizenship. As sites of meaning production, the two media texts perform counter-narratives that inspire new forms of mediated social activism and postcolonial identities. The paper argues that a closer introspection of the media texts reveals emotional, thematic and ideological claims to an interrogation of a diasporic discourse on redefining the rules of inclusion and exclusion within the postmodern dialogic of citizenship.

Keywords: counter-narratives, documentary filmmaking, postmodern citizenship, diaspora media

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2073 Problems of the Management of Legal Entities of Private Law in Georgia

Authors: Ketevan Kokrashvili, Rusudan Kutateladze, Nino Pailodze

Abstract:

Importance of management of legal entities under private law of which especially corporate management, as well as looking for ways of its improvement and perfection has become especially relevant in the twenty-first century, which was greatly contributed to by the global economic crisis. Some states have adopted Corporate Governance Codes; the European Union has set to work on a series of directives the main purpose of which is an improvement of corporate governance, provision of greater transparency and implementation of an effective control mechanism. This process is not yet completed, and various problematic issues associated with management of legal persons are still being debated among practitioner experts and scholars. Georgia is not an exception in this regard. The article discusses the legislative gaps, and in some cases, discrepancies having arisen in legal relationships under private law and having caused many practical problems. This especially applies to the management of capital companies.

Keywords: business entities, corporate management, capital public management, existing problems, legal discrepancies

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2072 Legal Implications of a Single African Air Transport Market on Airlines and Passengers in Nigeria

Authors: Adejoke Omowumi Adediran

Abstract:

The commitment of African states to liberalise civil aviation in Africa through the implementation of the Yamoussoukro Decision of 1999 was reiterated in 2015 at the African Union Assembly meeting. A declaration was made by African Heads of government at the meeting to ensure the immediate implementation of the decision towards the establishment of a Single African Air Transport Market (SAATM) by 2017. A SAATM will imply among others, a removal of all commercial restrictions for African airlines in Africa; access to any route in Africa by African airlines without any required permit or authorisation; and a common set of regulations for airlines in African member states. As the envisioned 2017 date for launching the SAATM could not be met, a new date of January 2018 has been set. The lack of political will by African States, however, remains a prominent challenge to the realisation of the SAATM. As at June 2017, only twenty-one states had signed the commitment to actualise the decision creating the SAATM. In actualisation of the SAATM, a regulatory framework has been established to efficiently manage the new African airline industry, and regulatory texts have been adopted as part of the legal regime. This legal regime is to regulate both interstate and domestic operations. Airlines in Nigeria are currently faced with certain challenges which ultimately affect their effectiveness and passengers as well do not enjoy utmost customer satisfaction with services rendered by the airlines. Although Nigeria has demonstrated support for the SAATM since 2015, as Nigeria alongside ten other states, signed the initial commitment, whether or not SAATM will eventually be beneficial to airlines and passengers has become an issue in the light of the challenges of the Nigerian airline industry. Remarkably, the benefit of the SAATM is to a large extent ultimately determined by its legal framework. Using doctrinal research, this paper examines the legal implications of the SAATM on airlines and passengers in Nigeria. This paper analyses the legal framework of SAATM and juxtaposes this with the particular issues affecting airlines and passengers in Nigeria such as financial difficulties on the part of airlines and consumer protection as regards passengers. Among others, it can be asserted that the legal regime affords an opportunity for business expansion and creates a fair environment for competition. This is beneficial not only to the airlines but to passengers as well. In addition, in the interest of passengers, consumer rights are prescribed, and the regulations also cater for situations where airlines interrupt their services, as losses arising from these situations will be mitigated. There is indeed no doubt that the SAATM will be of great utility to both airlines and passengers in Nigeria.

Keywords: airlines, civil aviation, competition, consumer protection, passengers, single African air transport market, yamoussoukro decision

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