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The Search For Certainty: A Pragmatist Critique Of Society’S Focus On Biological Childbearing, Jamie P. Ross

Jamie P Ross

The Search for Certainty: A Pragmatist Critique of Society’s Focus on Biological Childbearing Abstract I suggest that a form of biological determinism rests on what philosopher John Dewey calls a misplaced “search for certainty.” This search is a process whereby a constructed desire is normalized within a cultural context and naturalized in the body in a manner that substantiates the desire as predictable. Predictability, therefore, justifies a biological basis of desire. In this paper I focus specifically on a desire to bear or produce a biological child: a desire that becomes predictable within a medical model of emotion based on …

James Wilson And The Moral Foundations Of Popular Sovereignty, Ian C. Bartrum

Ian C Bartrum

This paper explores the moral philosophy underlying the constitutional doctrine of popular sovereignty. In particular, it focuses on the Scottish sentimentalism that informed James Wilson’s understanding of that doctrine. Wilson, a transplanted Scotsman, was perhaps the nation’s preeminent lawyer in the middle 1780s. He was one of the most important delegates to the Constitutional Convention, one of the nation’s first law professors, and served as Associate Justice on the first Supreme Court. In these capacities, he developed the most sophisticated and coherent account of popular sovereignty among the founding generation. My initial effort is to enrich our understanding of Wilson’s …

Nonmoral Theoretical Disagreement In Law, Alani Golanski

Alani Golanski

I agree with Dworkin that there is widespread theoretical disagreement in law. I hope to show, however, why this disagreement should not be seen as moral in nature. Legal philosophers have nearly always viewed the existence of theoretical disagreement in law as the indicium of moral dispute. If that is so, and if such disagreement is widespread, then this would be compelling evidence of law’s incorporation of moral standards. Thus, theoretical disagreement has posed a powerful challenge to the "positivist" approach, which claims that, for the most part, legality can be determined without resort to moral criteria. This paper draws …

Comparing The Effects Of Direct And Indirect Learning Strategies On Iranian Efl Learners' Vocabulary Learning, Ali Taghinezhad

Ali Taghinezhad

Vocabulary is vital to English language teaching since without a sufficient knowledge ofvocabulary students are not able to understand others or to express their ideas. Therefore,several indirect and direct strategies have been proposed to improve vocabulary learning.Whether indirect or direct strategies can contribute more to vocabulary learning has been asignificant issue. Therefore, this study aimed at investigating the influence of indirect anddirect learning strategies on the vocabulary learning of Iranian EFL learners. To this end,ninety upper-intermediate students were selected from two English language institutes inShiraz, Iran. Students were divided into two experimental groups. One experimental group(A) received vocabulary instruction using …

Technical Problem Based E-Language Instruction For Vocational Students, Eleni Papantoniou, Thanasis Hadzilacos

Eleni Papantoniou

We discuss an intervention in mother language instruction in a Greek Vocational Lyceum combining Web 2.0 tools with electronic writing pedagogy. During a full school year (2012-13), forty six 11th grade students with typically low literacy skills participated, randomly separated in control and experimental group. The latter systematically dealt with Technical Problem Solving and completed online (Edmodo) increasingly complex writing tasks. Encouraged to reflect on and solve technical problems, they activated language skills for communicating their solutions through the synthesis of technical text-genres. Meanwhile the control group followed the conventional teaching method using the usual literary texts. Pre and post-test …

Standing And Collective Cultural Rights, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of …

Cultural Heritage, Human Rights And The Privatisation Of War, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

This chapter focuses on the legal issues raised by the impact of the privatisation of war on cultural rights and cultural heritage during military engagements. It is divided into four parts. First, there is an examination of the current debate amongst heritage practitioners, particularly archaeologists and anthropologists, about their professional engagement with PMSCs in recent conflicts and belligerent occupation. Second, there is an overview of existing international humanitarian law and human rights provisions covering cultural rights and cultural heritage during armed conflict and occupation. Third, the response of professional bodies and associations of heritage practitioners through their codes of ethics …

"The Indeterminacy Of Race: The Dilemma Of Difference In Medicine And Health Care", Jamie P. Ross

Jamie P Ross

The indeterminacy of race:The dilemma of difference in medicine and health careHow can researchers use race, as they do now, to conduct health-care studies when its very definition is in question? The belief that race is a social construct without “biological authenticity” though widely shared across disciplines in social science is not subscribed to by traditional science. Yet with an interdisciplinary approach, the two horns of the social construct/genetics dilemma of race are not mutually exclusive. We can use traditional science to provide a rigorous framework and use a social-science approach so that “invisible” factors are used to adjust the …

Machine Learning, Automated Suspicion Algorithms, And The Fourth Amendment, Michael L. Rich

Michael L Rich

At the conceptual intersection of machine learning and government data collection lie Automated Suspicion Algorithms, or ASAs, algorithms created through the application of machine learning methods to collections of government data with the purpose of identifying individuals likely to be engaged in criminal activity. The novel promise of ASAs is that they can identify data-supported correlations between innocent conduct and criminal activity and help police prevent crime. ASAs present a novel doctrinal challenge, as well, as they intrude on a step of the Fourth Amendment’s individualized suspicion analysis previously the sole province of human actors: the determination of when reasonable …

Articulation And Acoustics Of Kannada Affricates: A Case Of Geminate /ʧ/, Alexei Kochetov, N. Sreedevi

Alexei Kochetov

Affricates have been observed to be problematic in phonological acquisition and disordered speech across languages, due to their relatively complex spatial and temporal articulatory patterns. Remediation of difficulties in the production of affricates requires understanding of how these sounds are typically produced. This study presents the first systematic articulatory and acoustic investigation of voiceless geminate affricate /ʧ/ in Kannada (a Dravidian language), compared to the palatal glide and the voiceless dental stop. Ultrasound data from 10 normal speakers from Mysore, India revealed that /ʧ/ is produced with the tongue shape intermediate between the palatal glide and the dental stop, and …

Analyzing Interpersonal Metafunction Through Mood And Modality In Kaine Agary’S Yellow-Yellow From Critical Discourse And Womanist Perspective, Léonard A. Koussouhon, Ashani M. Dossoumou

Bahram Kazemian

The aim of this paper is to analyze mood, epistemic and deontic modality patterns in an extract culled from Yellow-Yellow (2006) by one of the Nigerian new millennium female writer, Kaine Agary. The findings data revealed by the interpersonal meaning analysis are discussed against the backdrop of critical discourse analysis and womanist theory. The discussion contended that, despite the blend of monologic and dialogic organization of the novel, Kaine Agary has tried to portray the sociological schisms making up the daily life of young girls in the oil-resourced region of Nigeria. More importantly, the authoress has shown women’s determination and …

The Hagadah Of Pesah In Amazigh Tradition, J. G. A. Saviranta

Akseli Saviranta

This document examines the text of the Hagadah of the Jewish festivity of Pesah as celebrated by the North African Amazighs of Tinghir in Morocco. Its beginning presents an overview of the history and the cultures of the Amazigh, Jewish, and Judeo-Amazigh communities in North Africa. The celebration of Pesah, as a milestone in Jewish creed and history, is studied within the North African context and with particular attention to the local Hagadah translations. Among these translations, the Judeo-Amazigh text of Tinghir represents one of the few if not the only known text in existence in a Judeo-Amazigh language. A …

The Militarization Of Prayer In America: White And Native American Spiritual Warfare, Elizabeth Mcalister

Elizabeth McAlister

This article examines how militarism has come to be one of the generative forces of the prayer practices of millions of Christians across the globe. To understand this process, I focus on the articulation between militarization and aggressive forms of prayer, especially the evangelical warfare prayer developed by North Americans since the 1980s. Against the backdrop of the rise in military spending and neoliberal economic policies, spiritual warfare evangelicals have taken on the project of defending the United States on the “spiritual” plane. They have elaborated a complex theology and prayer practice with a highly militarized discourse and set of …

Theorizing Modern Society As An Inverted Reality: How Critical Theory And Indigenous Critiques Of Globalization Must Learn From Each Other, Asafa Jalata

Asafa Jalata

To examine whether indigenous critiques of globalization and critical theories of modernity are compatible, and how they can complement each other so as to engender more realistic theories of modern society as inherently constructive and destructive, along with practical strategies to strengthen modernity as a culturally transformative project, as opposed to the formal modernization processes that rely on and reinforce modern societies as structures of social inequality.

Political Refugees, Captives, Slaves And Other Migrants In International Law Of Ancient Near East (2nd Millenium Bc), Víctor M. Sánchez

Víctor M. Sánchez

International treaties in the 2nd millennium BC in the Ancient Near East (ANE) demonstrate the importance placed on regulating migratory movements at the time. The economic and political basis of such regulation helps outline a critical analysis in comparison to current international law regarding the same forms of migratory movements. The loss of social value of human beings arising from demographic changes explains the enormous difference between past and present regulatory models. Only the recovery of human value in its economic sense will permit changes to the current regulation of migratory movements. The variety of extradition clauses in the treaties …

A 'Velvet Hammer': The Criminalization Of Motherhood And The New Maternalism, Eliza Duggan

Eliza Duggan

In 2014, Tennessee became the first state to criminalize the use of narcotics during pregnancy. While women have been prosecuted for the outcomes of their pregnancies and for the use of drugs during pregnancy in the past decades, Tennessee is the first state to explicitly authorize prosecutors to bring criminal charges against pregnant women if they use drugs. This Article suggests that this new maternal crime is reflective of a social and political paradigm called “maternalism,” which enforces the idea that women are meant to be mothers and to perform motherhood in a particular fashion. This concept has developed from …

Teachers’ And Learners’ Attitudes Towards Critical Thinking Skills: A Case Study In The Iranian Efl Context, Masoud Mahmoodi-Shahrebabaki, Masoud Yaghoubi-Notash

masoud mahmoodi-shahrebabaki

Modern and forward-looking approaches to education and learning no longer treat learners as passive recipients of knowledge. Rather, they claim to nurture self-monitored and selfdisciplined thinkers who are shown to be academically successful and promising. This qualitative case study aimed at exploring the teachers’ and learners’ attitudes towards critical thinking within the English as a Foreign Language (EFL) context of Iran. To this end, the attitudes of eighty Iranian EFL learners and their teacher towards inclusion of critical thinking exercises into their regular syllabus were gauged. The results obtained from 18 unstructured interviews indicated that teacher’s and learners’ responses were …

How Does The International Community Reconcile The Principle Of Self-Determination And Territorial Integrity, Khazar Shirmammadov

Khazar Shirmammadov

Abstract

This paper explores the ambiguous nature of the two principles of international law - self-determination and territorial integrity, illustrating the controversial nuances of international law on a political board whereby the Crimean crisis has been described. In other words, it aims to elucidate the situation of Crimea from the existing international law prism by examination of these two principles. Multiple paradigms will be applied for interpreting juristic status of mentioned principles. After investigating the historical position and theoretical framework of the principle of self-determination and territorial integrity, research has been aimed to process the massive data collected over the …

Can The Commonwealth (Latimer House) Principles Of 2003 Serve As Aneffective Framework Forsafeguarding Democracy, Centre Institute For Public Policy Research (Cippr)

Centre Institute for Public Policy Research (CIPPR)

The Latimer House Guidelines were written at the start of the new millennium some 11 years ago. After the Guidelines, other supporting documents have been churned out by the Commonwealth. The Guidelines present a framework for achieving separation of powers to enhance honesty, probity and accountability in government in Commonwealth countries. The outstanding question however is how well these guidelines do invoke Monsieur Baron de Montesquieu’s spirit in view of the current challenges faced by governments in Commonwealth countries? Do the guidelines present an effective framework for safeguarding democracy and the rule of law in the States concerned? These questions, …

The Right Of Free Movement: A Story Of Securitisation And Control In The Uk Or The Story Of Ion Popescu, Konstanitinos Mitropoulos

Bahram Kazemian

Recently in Britain there has been an on-going discussion on the right of European citizens to move to, work and reside freely in any European Union member-state. British politicians and media, stepping on the significant number of Eastern Europeans who moved to the United Kingdom, articulated a securitising discourse representing them as ‘benefit tourists’ and criminals who threaten the integrity of the welfare system and social cohesion. However, this is only part of the securitisation story. This paper argues that the securitisation of mobile European citizens and, consequently of the right of free movement itself, is used as governmentality in …

Investigating The Impact Of Teaching Listening Comprehension Strategies On The Improvement Of Listening Comprehension Ability Of Iranian Efl Learners, Ali Taghinezhad

Ali Taghinezhad

This study aimed at investigating the influence of teaching listening comprehension strategies on the improvement of listening comprehension ability of Iranian EFL learners. In doing so, 80 upper-intermediate students were chosen to take Interchange Placement Test. The students were divided equally into two groups: experimental group and control group. They were given a strategy use questionnaire. According to the results of the study, the experimental group showed higher levels of proficiency in comparison with the control group after receiving instruction. Therefore, it was concluded that teaching listening comprehension strategies can play a major role in the improvement of listening comprehension …

The Role Of Error Analysis In Teaching And Learning Of Second And Foreign Language, Agsa Jabeen, Bahram Kazemian, Muhammad Shahbaz Mustafai

Bahram Kazemian

The aim of this paper is to investigate errors made by second and foreign language (L2) learners so as to understand the strategies and techniques used in the process of second and foreign language learning. Error analysis is a very important area of applied linguistics as well as of second and foreign language learning. It is also a systematic method to analyze learners' errors. Errors are not always bad, rather they are crucial parts and aspects in the process of learning a language. They may provide insights into the complicated processes of language development as well as a systematic way …

On The Role Of First Graffito In The Emergence Of More Vandalism, Ali Taghinezhad

Ali Taghinezhad

This article focused strictly on how a total number of one hundred collective textual memoranda provoke people to add to previous vandalism in Iranian culture. The study was guided by Wilson and Kellingʼs (1982) theory of Broken Window. In the main, collective written evidence was collected based on Broken Window Theory (BWT) suggesting that signs of disorderly and petty criminal behavior trigger more disorderly and petty criminal behavior, thus causing the behavior to spread. BWT gives no insight into what is and what is not a condition of disorder that will spread. As part of the scrutiny process, this study …

The Importance Of Culture In Second And Foreign Language Learning, Sheeraz Ali, Bahram Kazemian, Israr Hussain Mahar

Bahram Kazemian

English has been designated as a source of intercultural communication among the people from diverse linguistic and cultural backgrounds. A range of linguistic and cultural theories contribute meaningful insights on the development of competence in intercultural communication. The speculations suggest the use of communicative strategies focusing on the development of learners’ efficiency in communicating language through cultural context. However, the teaching of culture in communication has not been paid due importance in a number of academic and language settings of Pakistan and Iran. This assignment study indicates problems in view of teaching English as a medium of instruction in public …

A Rhetorical Identification Analysis Of English Political Public Speaking: John F. Kennedy’S Inaugural Address, Qiang Zhou, Bahram Kazemian

Bahram Kazemian

Since political discourse reflects the close relation between politics and language, it has attracted many scholars’ attention at home and abroad. Therefore, English political public speaking (EPPS for short), the subcategory of political discourse, has been chosen as the subject of the study. Based on the findings of Kenneth Burke’s new rhetoric and classical rhetoric, the identification strategies of EPPS in John F. Kennedy’s Inaugural Address from the perspectives of rhetorical content and rhetorical form were probed. Since EPPS is always well-prepared rather than impromptu, the identification strategies via rhetorical content and form are always employed by the speaker to …

An Investigation Of The Reading Text ‘Pakistan Zindabad’ (Long Live Pakistan): Critical Discourse Analysis Perspective, Sheeraz Ali, Bahram Kazemian, Faraz Ali Bughio

Bahram Kazemian

This paper is a critical study in Critical Discourse Analysis paradigm of a Textbook prescribed for intermediate students (Second Language Learners) in Government Colleges affiliated to the Board of Intermediate and Secondary Education (BISE) Larkana, Sindh, Pakistan. The textbook contains selected texts to improve students reading skills integrated with writing activities. Each of the texts contains questions at the end to be answered. It is observed that the reading tasks are badly designed and there is no mental activity to involve students in the text discourse. The study focuses on critical discourse of the underlying text to inspect whether the …

The Hidden Psychology Of Constitutional Criminal Procedure, Tonja Jacobi, Jesse-Justin Cuevas

Tonja Jacobi

There is vast empirical evidence of the difference in men and women’s perceptions of and responses to police authority, their speech patterns and conduct. Yet these differences are rarely reflected in constitutional criminal procedure law, despite many of its rules hinging on a person’s manner of expression or subtleties of behavior. Similar evidence exists for the systematic impact of juvenile status and intellectual disability, but only modest and ad hoc consideration has been given to these factors. The result is that the “reasonable person” is actually implicitly a white male, adult and able-minded. His speech and conduct are treated as …

Dangerous Tongues: Storytelling In Congressional Testimony, Clare Keefe Coleman

Clare Keefe Coleman

The important and dangerous use of storytelling in making legislation has been largely ignored by legal academics. Although notable scholars, including Justice Scalia and Cass Sunstein, have written extensively about the use of legislative history in statutory interpretation, and much has been written about the use of storytelling in advocacy, the important role that stories play in making legislation has been overlooked by the legal academy, outside of a few articles relating to criminal statutes. The Congressional Record on a recent farm bill is full of stories told by special interests that draw on metaphors, archetypes, and myths. Snow White’s …

Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., Gary J. Kowaluk

Gary J Kowaluk

Little is as frustrating as advocating the release of an innocent defendant who has been wrongfully convicted. Surprisingly, most of the wrongfully convicted fail to overturn their cases through the courts, and rely on government officials and prosecutor’s to find other ways to release them from custody. Too often the wrongful conviction process leaves lawyers and judges arguing to legally support injustices in the face of a practical common sense indicating a defendant’s innocence. This paper is an attempt to understand the tendency of legal professionals to argue against remedying a wrongful conviction in favor of the continued social injustice …

The Case For Sanctioning State Sponsors Of Genocide Incitement, Henry K. Kopel

Henry K. Kopel

This Article recommends a policy designed to reduce the incidence of genocide, by legislation that would impose sanctions against state sponsors of genocide incitement. Genocide incitement is a crime under the UN Genocide Convention. The goal of sanctioning state sponsors of such incitement is to prevent genocides proactively, before the mass killing starts. Three prominent twentieth-century genocides–those of the European Jews, the Bosnian Muslims, and the Rwandan Tutsi–all were preceded by pervasive and deliberate campaigns of state-sponsored hate incitement. Most if not all genocides are preceded by similar patterns of incitement. Historical studies also show that most of the actual …