Search results for: religious court
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1276

Search results for: religious court

1186 Concept and Implementation of Religious Tourism as a City Icon; Case Study: Golden Dome Mosque in Depok, Indonesia

Authors: Azhari Fauzan

Abstract:

Dian Al Mahri Mosque or more known as Golden Dome Mosque is one of the biggest mosques in Southeast Asia which located in Depok, West Java Province, Indonesia. Instead of a place for praying, this beautiful Mosque is also becoming an icon of Depok for religious tourism destination. The purpose of this study is to understand the concept and objective of religious tourism, also how to be implemented as an icon of the city. As a qualitative method, the data was collected by direct interview with three of the most influential persons: K. H. Amirudin Said S. Q. MA as a Manager of the Mosque, K. H. Dr. Mohammad Idris, MA as a Major of Depok, and Mulyamto as a Head of Tourism Department of Depok. As a result, Golden Dome Mosque involves three integrated aspects (social, economic, and cultural) which can be implemented to evaluate their daily activities and services in order to define themselves as a religious tourism destination.

Keywords: city icon, golden mosque, Muslim Indonesia, religious tourism

Procedia PDF Downloads 282
1185 The Promise of Nunca Más after Cambiemos: Representations of the 2x1 Decision of the Supreme Court and Santiago Maldonado's Disappearance in the Newspaper La Nación

Authors: Uluhan Berk Ondul

Abstract:

This article aims to shed light on the new stage of transitional justice in Argentina through examining the representations of the 2x1 decision of the Supreme Court and Santiago Maldonado’s Disappearance in the newspaper, La Nación. The two events hold the key to understanding Argentina’s journey since return to democracy as they are about the same crimes of the dictatorship, namely, the forced disappearance of civilians and the subsequent impunity that follows. In the case of a convicted torturer, The Supreme Court of Argentina ruled on 3rd of May 2017 that the days spent in preventive detention after two years should be counted double for the overall sentence. This court decision was met with severe resistance from the members of the parliament as well as the human rights movement. The second item on the list still continues and divides the country into two camps: (1) those who think that the police force has committed another act of forced disappearance in the case of activist Santiago Maldonado and (2) the others who blame the peronistas (the party and supporters of the ex-president Cristina Fernandez de Kirchner) of using this subject as a means to score political points. As a newspaper known for its proximity to the current administration, La Nación offers an insight to the direction of the country and also demonstrates how the neoliberal mindset works. The results of the study show that the transitional justice process in Argentina is far from being complete as the Promise of Nunca Más is still not a shared value but a political statement.

Keywords: Argentina, Fallo 2x1, impunity, Santiago Maldonado, transitional justice

Procedia PDF Downloads 203
1184 Relationship Between Family Factors and Tendency to Addiction

Authors: Farzaneh Golshekoh

Abstract:

The aim of this study was to examine the relationship between religious beliefs, family responsibility and emotional atmosphere with a tendency to addiction in high school female students in Ahwaz. The sample consisted of 250 students who were selected by cluster random sampling from among all high school female students in Ahvaz. Measuring tools were Iranian tendency towards addiction (IAPS), responsibility California Psychological Inventory (CPI), emotional family atmosphere (AFC) and religious beliefs. The simple correlation coefficient at α=0/05 showed that there is a significant negative relationship between religious beliefs, family responsibility and emotional atmosphere with a tendency to abuse female students. The regression analysis showed that the variables of the emotional atmosphere of the family and religious beliefs as predictors of female students have a tendency to addiction.

Keywords: emotional atmosphere, family responsibility, religious beliefs, tendency to addiction

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1183 A Corpus-Based Study of Subtitling Religious Words into Arabic

Authors: Yousef Sahari, Eisa Asiri

Abstract:

Hollywood films are produced in an open and liberal context, and when subtitling for a more conservative and closed society such as an Arabic society, religious words can pose a thorny challenge for subtitlers. Using a corpus of 90 Hollywood films released between 2000 and 2018 and applying insights from Descriptive Translation Studies (Toury, 1995, 2012) and the dichotomy of domestication and foreignization, this paper investigates three main research questions: (1) What are the dominant religious terms and functions in the English subtitles? (2) What are the dominant translation strategies used in the translation of religious words? (3) Do these strategies tend to be SL-oriented or TL-oriented (domesticating or foreignising)? To answer the research questions above, a quantitative and qualitative analysis of the corpus is conducted, in which the researcher adopts a self-designed, parallel, aligned corpus of ninety films and their Arabic subtitles. A quantitative analysis is performed to compare the frequencies and distribution of religious words, their functions, and the translation strategies employed by the subtitlers of ninety films, with the aim of identifying similarities or differences in addition to identifying the impact of functions of religious terms on the use of subtitling strategies. Based on the quantitative analysis, a qualitative analysis is performed to identify any translational patterns in Arabic translations of religious words and the possible reasons for subtitlers’ choices. The results show that the function of religious words has a strong influence on the choice of subtitling strategies. Also, it is found that foreignization strategies are applied in about two-thirds of the total occurrences of religious words.

Keywords: religious terms, subtitling, audiovisual translation, modern standard arabic, subtitling strategies, english-arabic subtitling

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1182 The Challenges of Hyper-Textual Learning Approach for Religious Education

Authors: Elham Shirvani–Ghadikolaei, Seyed Mahdi Sajjadi

Abstract:

State of the art technology has the tremendous impact on our life, in this situation education system have been influenced as well as. In this paper, tried to compare two space of learning text and hypertext with each other, and some challenges of using hypertext in religious education. Regarding the fact that, hypertext is an undeniable part of learning in this world and it has highly beneficial for the education process from class to office and home. In this paper tried to solve this question: the consequences and challenges of applying hypertext in religious education. Also, the consequences of this survey demonstrate the role of curriculum designer and planner of education to solve this problem.

Keywords: Hyper-textual, learning, religious education, learning text

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1181 The Relationship between Religious Orientation and Country Reputation

Authors: Sibel Aydogan, Ceyda Aysuna

Abstract:

Religion is a social superstructure institution. Religious beliefs and practices are undeniable phenomena in the simplest and / or most complex societies and communities. All individuals in the society are not devout, but yet they are affected by religion one way or another. This study aims to identify the relationship between religion and country reputation. The uniqueness of the study lies in the fact that in the literature there is no study aimed to examine this relationship. Because of this reason the findings of the study can have important implications to fill this literature gap. Beyond examining this relationship, in the study also different religious oriented people’s opinions of country reputation was analyzed. The results of the analysis of data consisting of 985 respondents reveal that there is a significant relationship between religion and people’s opinions on country reputation. Another important finding of the study is people with different religious orientations have different opinions about a country’s reputation. The findings of the reputation may be important for people and organizations who are responsible for increasing a country’s reputation. Also the findings may shed light on country branding activities.

Keywords: religion, religiosity, religious orientation, country reputation, Turkey

Procedia PDF Downloads 385
1180 Changes in Religious Belief after Flood Disasters

Authors: Sapora Sipon, Mohd Fo’ad Sakdan, Che Su Mustaffa, Najib Ahmad Marzuki, Mohamad Sukeri Khalid, Mohd Taib Ariffin, Husni Mohd Radzi, Salhah Abdullah

Abstract:

Flood disasters occur throughout the world including Malaysia. The major flood disaster that hit Malaysia in the 2014-2015 episodes proved the psychosocial and mental health consequences such as vivid images of destruction, upheaval, death and loss of lives. Flood, flood survivors reported that flood has changed one looks at their religious belief. The main objective of this paper is to investigate the changes in religious belief after the 2014-2015 Malaysia flood disaster. The total population of 1300 respondents who experienced the 2014-2015 Malaysia flood were surveyed a month after the disaster. The questionnaires were used to measure religiosity and stress. The results provide compelling evidence that religion played an important role in the lives of Malaysia flood disasters’ survivor where more than half of the respondents (>75%) experiencing the strengthening of their religious belief. It was also reported the victims’ strengthening of their religious belief proved to be a powerful factor in reducing stress in the aftermath of the flood.

Keywords: religious belief, flood disaster, humanity, society

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1179 Jurisdiction of Military Court for Military Members Who Committed General Crimes in Indonesia's Military Justice System and Comparison with Another Countries

Authors: Dini Dewi Heniarti

Abstract:

Military Court which is a judicial institution within the military institution has a heavy duty. Military court has to ensuring a fair legal process for military personnel (due process of law) and enforces military discipline. Military justice must also ensure protects the rights of military personnel. In Indonesia tren of military court changes in vision. The debate is happened on the jurisdiction of military court that allegedly has the potential existence of impunity. The Decree of People’s Consultative Assembly Number VII/MPR/2000 which states that the army general who committed the crime should not be tried in military court is one that underlies the proposed amendment limits the jurisdiction of military court. For the identify of the background in a specific format that is limited to juridical review. The goals this research is to gain knowledge, deep understanding and the concept of jurisdiction of military courts for military members who committed general crimes in adjudication procedure from the perspective of legal reform as alternative to establish independency of military judiciary. This research using Rule of Law as Grand Theory, Development Legal Theory as a Middle Theory and Criminal Justice System and concept of jurisdiction as supporting as Applied Theory. This study using a normative juridical approach, and equipped by primary data juridical approach of historical and comparative approach. The author uses descriptive analytical specifications. The main data used in this research is secondary data, which includes primary legal materials, secondary legal material and legal materials tertiary. Analysis primary data and qualitative data is done legally. Technique checking the validity of the data in this study used multiple methods with the research triangulation. This paper will demonstrate the problems concerning the jurisdiction of military courts for military personnel who committed general crimes in perspective of military justice reform Indonesia and adjudication procedures for military member who committed general crimes in the military justice system in Indonesia, as alternative to establish independency of judiciary in military justice in Indonesia. Comparative approached the military justice system from another countries is aimed to development military justice in Indonesia.

Keywords: jurisdiction, military courts, military justice, independency of judiciary

Procedia PDF Downloads 545
1178 On the Difference between Cultural and Religious Identities

Authors: Mputu Ngandu Simon

Abstract:

Culture and religion are two of the most significant markers of an individual or group's identity. Religion finds its expression in a given culture, and culture is the costume in which a religion is dressed. In other words, there is a crucial relationship between religion and culture which should not be ignored. On the one hand, religion influences the way in which a culture is consumed. A person's consumption of a certain cultural practice is influenced by his/her religious identity. On the other hand, cultural identity plays an important role in how a religion is practiced by its adherents. Some cultural practices become more credible when interpreted in religious terms just as religious doctrines and dogmas need cultural interpretation to be understood by a given people in a given context. This relationship goes so deep that sometimes the boundaries between culture and religion become blurred, and people end up mixing religion and culture. In some cases, the two are considered to be one and the same thing. However, despite this apparent sameness, religion and culture are two distinct aspects of identity, and they should always be considered as such. One results from knowledge, while the other has beliefs as its foundation. This essay explores the difference between cultural and religious identity by drawing from existing literature on this topic as a whole before applying that knowledge to two specific case studies: Christianity and Islam in some African and Asian countries.

Keywords: culture, religion, identity, knowledge, belief

Procedia PDF Downloads 144
1177 Enactments of Global Citizenship Education: Social Justice in Public Spheres of Education

Authors: Sabrina Jafralie

Abstract:

This proposed chapter explains how civic religious literacy is a means to promote social justice in Canada. It will first present the specific conception of global citizenship education that will undergird the discussion in the chapter. Then, it will offer a conception of civic religious literacy that explains how it promotes social justice as a form of global citizenship education. To illustrate this point, I will list specific examples of social and political inequities in Canada, such as hate crime statistics from 2013-2018 across the country and in specific provinces and cities. I will also highlight different types of discrimination, such as that towards religious minorities, Indigenous peoples, and those that conflate race and religion, and other intersections of identity that civic religious literacy can address. To conclude this initial section of the chapter, I will cite international studies that discuss religious literacy as a means to promote characteristics and aims of global citizenship education.

Keywords: Civic Literacy, Pedagogy, Quebec, Social Justice

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1176 Jewish Law in the State of Israel: Law, Religion and State

Authors: Yuval Sinai

Abstract:

As part of the historical, religious and cultural heritage of the Jewish people, Jewish law is part of the legal system in Israel, which is a Jewish and democratic state. The proper degree of use of Jewish law in judicial decisions is an issue that crops up in Israeli law from time to time. This was a burning question in the 1980s in the wake of the enactment of the Foundations of Law Act 1980, which declared Jewish heritage a supplementary legal method to Israeli law. The enactment of the Basic Law: Human Dignity and Liberty 1992, which decreed that the basic Israeli legal principles must be interpreted in light of the values of a Jewish and democratic state, marks a significant change in the impact of Judaism in the law created and applied by the courts. Both of these legislative developments revived the initiative to grant a central status to Jewish law within the state law. How should Jewish law be applied in Israel’s secular courts? This is not a simple question. It is not merely a question of identifying the relevant rule of Jewish law or tracing its development from the Talmud to modern times. Nor is it the same as asking how a rabbinic court would handle the issue. It is a matter of delicate judgment to distill out of the often conflicting Jewish law sources a rule that will fit into the existing framework of Israeli law so as to advance a policy that will best promote the interests of Israel’s society. We shall point out the occasional tensions between Jewish religious law and secular law, and introduce opinions as to how reconciliation of the two can best be achieved in light of Jewish legal tradition and in light of the reality in the modern State of Israel.

Keywords: law and religion, israel, jewish law, law and society

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1175 Promoting Open Educational Resources (OER) in Theological/Religious Education in Nigeria

Authors: Miracle Ajah

Abstract:

One of the biggest challenges facing Theological/Religious Education in Nigeria is access to quality learning materials. For instance at the Trinity (Union) Theological College, Umuahia, it was difficult for lecturers to access suitable and qualitative materials for instruction especially the ones that would suit the African context and stimulate a deep rooted interest among the students. Some textbooks written by foreign authors were readily available in the School Library, but were lacking in the College bookshops for students to own copies. Even when the College was able to order some of the books from abroad, it did not usher in the needed enthusiasm expected from the students because they were either very expensive or very difficult to understand during private studies. So it became necessary to develop contextual materials which were affordable and understandable, though with little success. The National Open University of Nigeria (NOUN)’s innovation in the development and sharing of learning resources through its Open Course ware is a welcome development and of great assistance to students. Apart from NOUN students who could easily access the materials, many others from various theological/religious institutes across the nation have benefited immensely. So, the thesis of this paper is that the promotion of open educational resources in theological/religious education in Nigeria would facilitate a better informed/equipped religious leadership, which would in turn impact its adherents for a healthier society and national development. Adopting a narrative and historical approach within the context of Nigeria’s educational system, the paper discusses: educational traditions in Nigeria; challenges facing theological/religious education in Nigeria; and benefits of open educational resources. The study goes further to making recommendations on how OER could positively influence theological/religious education in Nigeria. It is expected that theologians, religious educators, and ODL practitioners would find this work very useful.

Keywords: OER, theological education, religious education, Nigeria

Procedia PDF Downloads 316
1174 Jewish Law in Israel: State, Law, and Religion

Authors: Yuval Sinai

Abstract:

As part of the historical, religious and cultural heritage of the Jewish people, Jewish law is part of the legal system in Israel, which is a Jewish and democratic state. The proper degree of use of Jewish law in judicial decisions is an issue that crops up in Israeli law from time to time. This was a burning question in the 1980s in the wake of the enactment of the Foundations of Law Act 1980, which declared Jewish heritage a supplementary legal method to Israeli law. The enactment of the Basic Law: Human Dignity and Liberty 1992, which decreed that the basic Israeli legal principles must be interpreted in light of the values of a Jewish and democratic state, marks a significant change in the impact of Judaism in the law created and applied by the courts. Both of these legislative developments revived the initiative to grant a central status to Jewish law within the state law. How should Jewish law be applied in Israel’s secular courts? This is not a simple question. It is not merely a question of identifying the relevant rule of Jewish law or tracing its development from the Talmud to modern times. Nor is it the same as asking how a rabbinic court would handle the issue. It is a matter of delicate judgment to distill out of the often conflicting Jewish law sources a rule that will fit into the existing framework of Israeli law so as to advance a policy that will best promote the interests of Israel’s society. We shall point out the occasional tensions between Jewish religious law and secular law, and introduce opinions as to how reconciliation of the two can best be achieved in light of Jewish legal tradition and in light of the reality in the modern State of Israel.

Keywords: law and politics, law and religion, comparative law, law and society

Procedia PDF Downloads 44
1173 Testifying in Court as a Victim of Crime for Persons with Little or No Functional Speech: Vocabulary Implications

Authors: Robyn White, Juan Bornman, Ensa Johnson

Abstract:

People with disabilities are at a high risk of becoming victims of crime. Individuals with little or no functional speech (LNFS) face an even higher risk. One way of reducing the risk of remaining a victim of crime is to face the alleged perpetrator in court as a witness – therefore it is important for a person with LNFS who has been a victim of crime to have the required vocabulary to testify in court. The aim of this study was to identify and describe the core and fringe legal vocabulary required by illiterate victims of crime, who have little or no functional speech, to testify in court as witnesses. A mixed-method, the exploratory sequential design consisting of two distinct phases was used to address the aim of the research. The first phase was of a qualitative nature and included two different data sources, namely in-depth semi-structured interviews and focus group discussions. The overall aim of this phase was to identify and describe core and fringe legal vocabulary and to develop a measurement instrument based on these results. Results from Phase 1 were used in Phase 2, the quantitative phase, during which the measurement instrument (a custom-designed questionnaire) was socially validated. The results produced six distinct vocabulary categories that represent the legal core vocabulary and 99 words that represent the legal fringe vocabulary. The findings suggested that communication boards should be individualised to the individual and the specific crime. It is believed that the vocabulary lists developed in this study act as a valid and reliable springboard from which communication boards can be developed. Recommendations were therefore made to develop an Alternative and Augmentative Communication Resource Tool Kit to assist the legal justice system.

Keywords: augmentative and alternative communication, person with little or no functional speech, sexual crimes, testifying in court, victim of crime, witness competency

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1172 Philosophy of Swami Vivekananda and M. K. Gandhi in the Context of Religious Pluralism

Authors: Satarupa Bhattacharjee

Abstract:

Inter-religious dialogue and understanding are possible without losing one’s own identity. We find a unique blend of tradition, reason and human values in contemporary Indian thought. On this point, we may take note of the similarity between views of M. K. Gandhi and the religious discourse of Swami Vivekananda, i.e., all religions as different paths to God realisation but their unity lies in their goal, which is attainment of God, who is One. This enrichment guided us towards a kind of religious pluralism of John Hicks, who gives a solution to the problems of co-existence of diverse religions without undermining any religion. The plurality percolates into different spheres of Indian society and regarded as a chord with discord in a wonderful music. Swami Vivekananda believes that to serve man is to serve God. Both M. K. Gandhi and Swami Vivekananda were non-dualist and believed in the essential unity of man. Gandhi believes in the many foldedness of reality. Swami Vivekananda’s attitude towards religion is in principles of co-existence and acceptance. These principles have been accumulated in such a way that gave us a different world-view. The concept of unity, tolerance, equality, etc. can be achieved only by a spiritual attitude. Dynamism of spirituality stands in between man’s empirical existence and his spiritual destination and manifests itself in the different aspects of life including religious understanding. It is a movement towards pluralism. It is the fusion of spirituality with plurality which characterizes the concept of religious pluralism. This re-visited religious pluralism will open a new horizon of love and tolerance in our society. M. K. Gandhi and Swami Vivekananda paved the path for new horizon for a resurgent world. So the Indian spiritualism re-vitalised the concept of pluralism and stimulated its progress towards a new world.

Keywords: M. K. Gandhi, religious pluralism, Swami Vivekananda, worldview

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1171 The ICC, International Criminal Justice and International Politics

Authors: Girma Y. Iyassu Menelik

Abstract:

The international community has gone through indescribable atrocities resulting from acts of war. These atrocities turned Europe and Africa into a wilderness of bloodshed and crime. In the period 1960- 1970s Africa witnessed unprecedented and well-documented assaults on life and property. This necessitated the adoption, signing and ratification of the International Criminal Court, establishment of the International Court of Justice which is a great achievement for the protection and fulfilling of human rights in the context of international political instability. The ICC came as an important opportunity to advance justice for serious crimes committed in violation of international law. Thus the Rome statute has become a formidable contribution to peace and security. There are concerns that the ICC is targeting African states. However, the ICC cannot preside over cases that are not parties to the Rome statute unless the UN Security council refers the situation or the relevant state asks the court to become involved. The instable international political situation thus deals with criminal prosecutions where amnesty is not permissible or is strongly repudiated. The court has become important justice instruments for states that are unable or unwilling to fulfill their obligation to address legacies of massive human rights violations. The ICJ as a court has a twofold role; to settle legal disputes submitted to it by states, and to give advisory opinions on legal questions referred to it by duly authorized United Nations organs and specialized agencies. All members of the UN are ipso facto parties to the statute of the ICJ. The court gives advisory opinion on any legal question. These courts are the most appropriate fora to pronounce on international crimes and are in a better position to know and apply international law. Cases that have been brought to the courts include Rwanda’s genocide, Liberia’s Charles Taylor etc. The receptiveness and cooperation of the local populations are important to the courts and if the ICC and ICJ can provide appropriate protections for the physical and economic safety of victims then peace and human rights observance can be attained. This paper will look into the effectiveness and impediments of these courts in handling criminal and injustices in international politics as while as what needs to be done to strengthen the capacity of these courts.

Keywords: ICC, international politics, justice, UN security council, violence, protection, fulfilling

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1170 ESRA: An End-to-End System for Re-identification and Anonymization of Swiss Court Decisions

Authors: Joel Niklaus, Matthias Sturmer

Abstract:

The publication of judicial proceedings is a cornerstone of many democracies. It enables the court system to be made accountable by ensuring that justice is made in accordance with the laws. Equally important is privacy, as a fundamental human right (Article 12 in the Declaration of Human Rights). Therefore, it is important that the parties (especially minors, victims, or witnesses) involved in these court decisions be anonymized securely. Today, the anonymization of court decisions in Switzerland is performed either manually or semi-automatically using primitive software. While much research has been conducted on anonymization for tabular data, the literature on anonymization for unstructured text documents is thin and virtually non-existent for court decisions. In 2019, it has been shown that manual anonymization is not secure enough. In 21 of 25 attempted Swiss federal court decisions related to pharmaceutical companies, pharmaceuticals, and legal parties involved could be manually re-identified. This was achieved by linking the decisions with external databases using regular expressions. An automated re-identification system serves as an automated test for the safety of existing anonymizations and thus promotes the right to privacy. Manual anonymization is very expensive (recurring annual costs of over CHF 20M in Switzerland alone, according to an estimation). Consequently, many Swiss courts only publish a fraction of their decisions. An automated anonymization system reduces these costs substantially, further leading to more capacity for publishing court decisions much more comprehensively. For the re-identification system, topic modeling with latent dirichlet allocation is used to cluster an amount of over 500K Swiss court decisions into meaningful related categories. A comprehensive knowledge base with publicly available data (such as social media, newspapers, government documents, geographical information systems, business registers, online address books, obituary portal, web archive, etc.) is constructed to serve as an information hub for re-identifications. For the actual re-identification, a general-purpose language model is fine-tuned on the respective part of the knowledge base for each category of court decisions separately. The input to the model is the court decision to be re-identified, and the output is a probability distribution over named entities constituting possible re-identifications. For the anonymization system, named entity recognition (NER) is used to recognize the tokens that need to be anonymized. Since the focus lies on Swiss court decisions in German, a corpus for Swiss legal texts will be built for training the NER model. The recognized named entities are replaced by the category determined by the NER model and an identifier to preserve context. This work is part of an ongoing research project conducted by an interdisciplinary research consortium. Both a legal analysis and the implementation of the proposed system design ESRA will be performed within the next three years. This study introduces the system design of ESRA, an end-to-end system for re-identification and anonymization of Swiss court decisions. Firstly, the re-identification system tests the safety of existing anonymizations and thus promotes privacy. Secondly, the anonymization system substantially reduces the costs of manual anonymization of court decisions and thus introduces a more comprehensive publication practice.

Keywords: artificial intelligence, courts, legal tech, named entity recognition, natural language processing, ·privacy, topic modeling

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1169 Unravelling the Procedural Obligations of the Administration in the Case Law of the European Court of Human Rights

Authors: Agne Andrijauskaite

Abstract:

The observance of procedural rights by administrative authorities is essential for the effective implementation of subjective rights and is part and parcel of the notion of good governance. Whilst a lot of legal scholarship addresses the scope and content of such rights under the European Union legal framework, a very limited attention is given to their application in the case law of European Court of Human Rights (ECtHR) despite its growing engagement with the subject. This paper written as a part of a wider project on the development of pan-European principles of good administration by the Council of Europe aims to fill this lacuna. This will be done by delimiting the scope and extent of individual procedural safeguards through an analysis of the practice of the ECtHR. The right to be heard, the right to access the files and the right to a decision in reasonable time by administrative authorities will be selected as loci classici for the purpose of this article. The results presented in the paper should contribute to the awareness of growing body of ECtHR’s case-law revolving around administrative procedural law and the growing debate on the notion of good governance found therein within academic community.

Keywords: European Court of Human Rights, good governance, procedural rights, procedural Law

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1168 Innocence Compensation: Motions to Strike and Dismiss to Forestall Financial Recovery

Authors: Myles Frederick McLellan

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When errors in the criminal justice process lead to wrongful convictions and miscarriages of justice, it falls upon the State to make reparation for the egregious harms brought to innocent individuals. Of all the remedies available to seek compensation, private and public law litigation against the police and prosecution services is the most widely used. Unfortunately, all levels of court including the Supreme Court of Canada have explicitly endorsed the prospect of striking out or dismissing these claims at the outset on an expedited basis. The burden on agents of the State as defendants to succeed on motions for such relief is so low that very few actions will survive to give an innocent accused his or her day in court. This paper will be a quantitative and qualitative analysis on the occurrence and success of motions to strike and dismiss to forestall financial recovery for the damage caused when a criminal investigation and prosecution goes wrong. This paper will also include a comparative component on the private law systems at common law (e.g. USA, UK, Australia and New Zealand) with respect to the availability of a similar process to pre-emptively terminate litigation for the recovery of compensation to an innocent individual.

Keywords: compensation, innocence, miscarriages of justice, wrongful convictions

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1167 Socio-Religious Mythology of the Igala of Central Nigeria Area

Authors: Abdullahi Musa Yusuf

Abstract:

Culture and traditions are an embodiment of every society. In Africa, people are socialized into believing that the world is full of mysteries. Mysteries that can only be explain through the interpretation of some forces which are ordinarily beyond the comprehension of Man. These forces have the power and capability of influencing the lives of the living either benevolently or malevolently. To decipher these mysteries various religious and cultural practices were evolved. This paper is therefore an attempt to explain the traditional religious belief system and the relationship existing between the forces of the living and dead among the Igala people of the Central Nigeria Region.

Keywords: culture, tradition, mythology, Nigeria

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1166 Keyword Advertising: Still Need Construction in European Union; Perspective on Interflora vs. Marks and Spencer

Authors: Mohammadbagher Asghariaghamashhadi

Abstract:

Internet users normally are automatically linked to an advertisement sponsored by a bidder when Internet users enter any trademarked keyword on a search engine. This advertisement appears beside the search results. Through the process of keyword advertising, advertisers can connect with many Internet users and let them know about their goods and services. This concept has generated heated disagreements among legal scholars, trademark proprietors, advertisers, search engine owners, and consumers. Therefore, use of trademarks in keyword advertising has been one of the most debatable issues in trademark law for several years. This entirely new way of using trademarks over the Internet has provoked a discussion concerning the core concepts of trademark law. In respect to legal issues, European Union (EU) trademark law is mostly governed by the Trademark Directive and the Community Trademark Regulation. Article 5 of the directive and Article 9 of the trademark regulation determine the circumstances in which a trademark owner holds the right to prohibit a third party’s use of his/her registered sign. Harmonized EU trademark law proved to be ambiguous on whether using of a trademark is amounted to trademark infringement or not. The case law of the European Court of Justice (ECJ), with reference to this legislation, is mostly unfavorable to trademark owners. This ambivalence was also exhibited by the case law of EU Member States. European keyword advertisers simply could not tell which use of a competitor‘s trademark was lawful. In recent years, ECJ has continuously expanded the scope and reach of trademark protection in the EU. It is notable that Inconsistencies in the Court’s system of infringement criteria clearly come to the fore and this approach has been criticized by analysts who believe that the Court should have adopted a more traditional approach to the analysis of trademark infringement, which was suggested by its Advocate General, in order to arrive at the same conclusion. Regarding case law of keyword advertising within Europe, one of the most disputable cases is Interflora vs. Marks and Spencer, which is still on-going. This study examines and critically analyzes the decisions of the ECJ, the high court of England, and the Court of Appeals of England and address critically keyword advertising issue within European trademark legislation.

Keywords: ECJ, Google, Interflora, keyword advertising, Marks and Spencer, trademark infringement

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1165 Role of Religion in Educational System of Iran

Authors: Peyman Soltani, Mohammad Sadegh Amin Din

Abstract:

The relation between religion and education has been considered for a long time. Approaching education through religion and sovereignty has been a kind of idealism in past centuries` educational systems and no opposition between religion and education has been felt. The doctrine of human education and training is mentioned in the Qur’an, as the most important reason of Prophet Mohammad ` first revelation, Verse 129 of Chapter Baqara, Verse 164 of Chapter Aali-ʻimraan and verse 2 of Chapter Jumʻah have addressed this issue. During Middle age, temples and mosques were engaged in children education. Religious materials have played an important role in the content of educational courses. In this era, the main goal of education was to study the religious books and behaving in society accordingly. Also in this training period, the European countries were considerably influenced by religion. Children in these countries were trained in churches and monasteries. Training and religion are closely connected with each other. It should be noted that experience and religious knowledge is a heart and emotional issue with no-imposition, therefore, the educational space should be designed in such a way that students, themselves, shift to experiencing some religious feelings. The important factors in Islamic Educational system are as follow: - Religious-based - Strengthening national identity - Authenticity of learner role 4- Importance of teacher` authority role. These factors are explained in Conceptual and intertwined network and in practical process, training each of them, proportional to student needs and conditions, can be the beginning of a course of religious education for students, and can strengthen other elements.

Keywords: education and training, Islamic educational system, the Qur'an, religious knowledge

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1164 Multilingualism in Medieval Romance: A French Case Study

Authors: Brindusa Grigoriu

Abstract:

Inscribing itself in the field of the history of multilingual communities with a focus on the evolution of language didactics, our paper aims at providing a pragmatic-interactional approach on a corpus proposing to scholars of the international scientific community a relevant text of early modern European literature: the first romance in French, The Conte of Flore and Blanchefleur by Robert d’Orbigny (1150). The multicultural context described by the romance is one in which an Arab-speaking prince, Floire, and his Francophone protégée, Blanchefleur, learn Latin together at the court of Spain and become fluent enough to turn it into the language of their love. This learning process is made up of interactional patterns of affective relevance, in which the proficiency of the protagonists in the domain of emotive acts becomes a matter of linguistic and pragmatic emulation. From five to ten years old, the pupils are efficiently stimulated by their teacher of Latin, Gaidon – a Moorish scholar of the royal entourage – to cultivate their competencies of oral expression and reading comprehension (of Antiquity classics), while enjoying an ever greater freedom of written expression, including the composition of love poems in this second language of culture and emotional education. Another relevant parameter of the educational process at court is that Latin shares its prominent role as a language of culture with French, whose exemplary learner is the (Moorish) queen herself. Indeed, the adult 'First lady' strives to become a pupil benefitting from lifelong learning provided by a fortuitous slave-teacher with little training, her anonymous chambermaid and Blanchefleur’s mother, who, despite her status of a war trophy, enjoys her Majesty’s confidence as a cultural agent of change in linguistic and theological fields. Thus, the two foreign languages taught at Spains’s court, Latin and French – as opposed to Arabic -, suggest a spiritual authority allowing the mutual enrichment of intercultural pioneers of cross-linguistic communication, in the aftermath of religious wars. Durably, and significantly – if not everlastingly – the language of physical violence rooted in intra-cultural solipsism is replaced by two Romance languages which seem to embody, together and yet distinctly, the parlance of peace-making.

Keywords: multilingualism, history of European language learning, French and Latin learners, multicultural context of medieval romance

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1163 Religious and Architectural Transformations of Kourion in Cyprus between the 1st and 6th Centuries AD. The Case of Trypiti Bay and its Topographical Relationships to Coastal Sanctuaries

Authors: Argyroula Argyrou

Abstract:

The purpose of my current research, of which this paper form’s part, is to explore the architectural and religious transformations of Trypiti Bay in the region of Kourion, Cyprus, between the 1st and 6th centuries AD. This research aims to explore and analyse three different stages in the religious and architectural transformations of the ancient port, with evidence supporting these transformations from the main city of Kourion and the Sanctuary of Apollo Hylates between the 1st and 6th centuries. In addition, the research is using historical and archaeological comparisons with coastal sites in the Levant, North Africa, Lebanon, and Europe in an attempt to identify a pattern of development in the religious topography of Kourion and how these contributed to change in the use and symbolism of Trypiti bay as an important passageway to religious sanctuaries in the vicinity of the coast. The construction of Trypiti Bay has been proven, according to archaeological and historical evidence, gathered throughout Kourion’s fieldwork and archival research, that it served as a natural port for cargos that needed to be protected from the strong west winds of the area. The construction of Trypiti Bay is believed to be unique to the island as no similar structure has yet been discovered.

Keywords: architecture, heritage, perservation, transformation, unique

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1162 The Role of an Independent Children’s Lawyer in Child Inclusive Mediation in Complex Parenting Disputes

Authors: Neisha Shepherd

Abstract:

In Australia, an independent children's lawyer is appointed to represent a child in parenting disputes in the Federal Circuit and Family Court of Australia, where there are complex issues such as child protection, family violence, high conflict, relocation, and parental alienation. The appointment of an Independent Children's Lawyer is to give effect in the family law proceedings of the United Nations Convention on the Rights of the Child, in particular Article 3.1, 12.1, and 12.2. There is a strong focus on alternative dispute resolution in the Australian Family Law jurisdiction in matters that are before the Court that has formed part of the case management pathways. An Independent Children's Lawyer's role is even more crucial in assisting families in resolving the most complex parenting disputes through mediation as they are required to act impartial and be independent of the Court and the parties. A child has the right to establish a professional relationship with the Independent Children's Lawyer. This relationship is usually established over a period of time, and the child is afforded the opportunity to talk about their views and wishes and participate in decisions that affect them. In considering the views and wishes of the child, the Independent Children's lawyer takes into account the different emotional, cognitive, and intellectual developmental levels, family structures, family dynamics, sibling relationships, religious and cultural backgrounds; and that children are vulnerable to external pressures when caught in disputes involving their parents. With the increase of child-inclusive mediations being used to resolve family disputes in the best interests of a child, an Independent Children's Lawyer can have a critical role in this process with the specialised skills that they have working with children in the family law jurisdiction. This paper will discuss how inclusive child mediation with the assistance of an Independent Children's Lawyer can assist in the resolution of some of the most complex parenting disputes by examining through case studies: the effectiveness and challenges of such an approach; strategies to work with child clients, adolescents, and sibling groups; ways to provide feedback regarding a child's views and wishes and express a child's understanding, actual experiences and perspective to parties in a mediation and whether it is appropriate to do so; strategies and examples to assist in developing parenting plans or orders that are in the best interest of a child that is workable and achievable; how to deal with cases that involve serious child protection and family violence and strategies to ensure that child safety is paramount; the importance of feedback to the child client. Finally this paper will explore some of the challenges for Independent Children's Lawyers in relation to child-inclusive mediations where matters do not resolve.

Keywords: child inclusive mediation, independent children's lawyer, family violence, child protection

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1161 Religion and Sustainable Development: A Comparative Study of Buddhist and Christian Farmers’ Contribution to the Environmental Protection in Taiwan

Authors: Jijimon Alakkalam Joseph

Abstract:

The UN 2030 Agenda for Sustainable Development claims to be a comprehensive and integrated plan of action for prosperity for people and the planet, including almost all dimensions of human existence. Nevertheless, critics have pointed out the exclusion of the religious dimension from development discussions. Care for the earth is one of the vital aspects of sustainable development. Farmers all over the world contribute much to environmental protection. Most farmers are religious believers, and religious ideologies influence their agricultural practices. This nexus between faith and agriculture has forced policymakers to include religion in development discussions. This paper delves deeper into this religion and sustainable development connection. Buddhism and Christianity have contributed much to environmental protection in Taiwan. However, interviews conducted among 40 Taiwanese farmers (10 male and female farmers from Buddhism and Christianity) show that their faith experiences make them relate to the natural environment differently. Most of the Buddhist farmers interviewed admitted that they chose their religious adherence, while most of the Christian farmers inherited their faith. The in-depth analysis of the interview data collected underlines the close relationship between religion and sustainable development. More importantly, concerning their intention to care for the earth, farmers whose religious adherence is ‘chosen’ are self-motivated and more robust compared to those whose religious adherence is ‘inherited’.

Keywords: Buddhism, Christianity, environmental protection, sustainable development

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1160 Ideology and Brainwashing: Psychological Manipulation in Religious Sects

Authors: Andreas Aceranti, Simonetta Vernocchi, Marco Colorato, Pozzaglio Carolina

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This work analyses the term sect or religious cult and the general traits of those groups and the people involved so as to better understand this unexpectedly popular reality. Some translations taken from research papers as well as academic articles are likewise taken into consideration. We have carried out an in-depth analysis of the topics presented. Firstly we defined magic related to religion and all the similarities and differences between magical thinking and religious thinking, religion, and superstition. Secondly, the term “sect” was defined, and the phenomenon was dealt with, along with the listing of all kinds of existing groups. Then we studied the recruitment process in general and recruitment according to the brainwashing theory. We then analysed the criminological aspects that entail their harmfulness with a particular focus on the structure of those religious communities and the theories regarding the people involved: leader, members, and the group, as it has its own pattern of behaviour and its conformism. Finally, we studied the ideology and the techniques of manipulation used, such as brainwashing, which got already introduced in previous chapters trying to explain this reality not only in theory but studying and trying to understand some of the most famous religious cults.

Keywords: psychological manipulation, brainwashing, love bombing, magic and religion

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1159 Stop Forced Child Marriage: A Comparative Global Law Analysis

Authors: Michelle J. Miller

Abstract:

Millions of girls are forcibly married during the transitional period between puberty and adulthood. At a stage of vulnerability; cultural practices, religious rights, and social standards place girls in a position where they are catapult into womanhood. An advocate against forced child marriage could argue that child rights, cultural rights, religious rights, right to marry, right to life, right to health, right to education, right to be free from slavery, right to be free from torture, right to consent to marriage are all violated by the practice of child marriage. This paper will present how some of these rights are violated and how they establish the need for change.

Keywords: child marriage, forced child marriage, children's rights, religious rights, cultural rights

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1158 When Religion is Meaningful and When Religion is Detrimental

Authors: Tennyson Samraj

Abstract:

The intent of this paper is threefold: (1) to propose the Epicurean tenet that beliefs associated with God are to be detached from the transcendent God, as the basis to end religious conflicts; (2) to project John Hick’s advice that no one has monopoly over religious claims, as the basis for religious tolerance and (3) to present the common sense approach to respect religion without disrespecting science. Religious claims create societal tension on two matters: conflict between believers and conflict with the sciences. Anyone interested in the two fundamental questions related to consciousness and cosmology as to how and why the universe exists will have to deal with science and religion. However, while science addresses the question of how the universe came into existence and how it works, religion addresses the question of why the universe exists. If religion is a quest to understand why the universe exists, then we must address the question as to when religion is considered meaningful and when is it considered detrimental. Is there a relationship between why we choose to live and why the universe exists? Science and Religion are partners in defining our life in the context of the universe. Science without Religion limits itself to knowing ‘how’ the universe came into existence without questioning ‘why’; Religion without Science limits itself of knowing ‘why’ the universe exists without knowing ‘how.’ Is it possible to detach beliefs about God from God? When religious claims are understood in the context of the questions that necessitates the answers, religious claims can be understood as being separate from the transcendent God. This paper purports that this Epicurean tenet provides the impetus to address the questions that necessitate religious claims. This helps us to explain the relevance of why we believe in what we believe; define the relationship between the self, soul and the sacred; and establish the connection between this life and the after-life in the context of life-beyond-this-planet.

Keywords: religion, epicurus, John Hick, relevance of religion

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1157 Learning Resource Management of the Royal Court Courtier in the Reign of King Rama V

Authors: Chanaphop Vannaolarn, Weena Eiamprapai

Abstract:

Thai noblewomen and lady-in-waiting in the era of King Rama V stayed only inside the palace. King Rama V decided to build Dusit Palace in 1897 and another palace called Suan Sunandha in 1900 after his royal visit to Europe. This palace became the residence for noblewomen in the court until the change of political system in 1932. The study about noblewomen in the palace can educate people about how our nation was affected by western civilization in terms of architecture, food, outfit and recreations. It is a way to develop the modern society by studying the great historical value of the past. A learning center about noblewomen will not only provide knowledge but also create bond and patriotic feeling among Thais.

Keywords: noblewomen, palace, management, learning center

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