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Journal articles on the topic 'Conventional clauses'
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1
Batifort, Simon, and J. Benton Heath. "The New Debate on the Interpretation of MFN Clauses in Investment Treaties: Putting the Brakes on Multilateralization." American Journal of International Law 111, no. 4 (October 2017): 873–913. http://dx.doi.org/10.1017/ajil.2017.77.
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AbstractThis article challenges the conventional wisdom that MFN clauses in investment treaties can always be used to “import” substantive standards of treatment (e.g. FET). It argues that most tribunals permitting this use of MFN clauses have relied on presumptions and have ignored meaningful variations among clauses. It also points out that states are increasingly questioning the conventional view, and that a recent arbitral award has firmly rejected an attempt to use an MFN clause to import substantive standards. It concludes by sketching the terms of the new MFN debate.
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Conti, Carmen. "Disjunctive clauses with o. o ‘either. or’ in Spanish and clausal cosubordination." Folia Linguistica 52, no. 1 (March 26, 2018): 75–105. http://dx.doi.org/10.1515/flin-2018-0001.
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Abstract This paper examines disjunctive clauses marked with o… o ‘either… or’ in Spanish with a view to demonstrating that, in contrast to conventional analyses, o… o-clauses are actually cosubordinate: o… o-clauses are [+dependent, ‒embedded], they generally share clausal operators and they often denote an episode or a sequence of events showing some sort of continuity in space as well as participants. To this end, this paper will describe subordinate and coordinate clauses in accordance with several tests and will go on to outline the properties of o… o-clauses, focusing in particular on their similarities and differences with respect to coordinate and subordinate clauses. Finally, it will describe why o… o-clauses would be better classified as examples of clausal cosubordination.
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Garza, Rafael Ibarra. "Un Rompimiento con el Paradigma Convencional del Arbitraje. El Caso de la Clausula Compromisoria Incluida en un Fideicomiso-trust." Revista Brasileira de Arbitragem 11, Issue 44 (December 1, 2014): 100–111. http://dx.doi.org/10.54648/rba2014057.
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ABSTRACT: The fideicomisos and trusts are similar institutions from different legal systems. Because of the advantages of arbitration it is not a surprise to find arbitration clauses in the instruments of such legal mechanisms. However, there is an obstacle to the effectiveness of the arbitration clause; this obstacle is the lack of acceptance of the beneficiaries of the arbitration clause. Lack of consent is due to the structure of the fideicomiso and the trust. Despite this obstacle, there are theories and legislations that support the effectiveness of arbitration clauses in trust instruments which questions the conventional paradigm of arbitration.
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Tjabaka, Lemohang. "The Position of the Subjectness of the Subject-less Conventional Infinitives." Journal of Translation and Language Studies 2, no. 2 (August 7, 2021): 34–45. http://dx.doi.org/10.48185/jtls.v2i2.247.
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The English conventional infinitive clauses have either overt or covert subjects. Previous analyses mainly used the PRO Theorem and Null-Case Approaches to show the distribution of the subjectness of the subject-less conventional infinitives. However, this paper investigated the position of the subjectness of the subject-less conventional infinitive clauses using the Minimalist Program’s Movement Theory of Control and the External Token Merge. In this qualitative paper, data was extracted from the previous English Ph.D. research studies conducted by English native and non-native speakers, and analysed using successive approximation analytic tools. The results demonstrate that the control and SSR-infinitives are generated in a similar fashion, which is why they share the type of subjectness. The base-generated PRO, which is claimed to be the subjectness of the control infinitives, is further revealed that is derived from movement. Therefore, for uniformity purposes, the subjectness of the control and SSR-infinitives is found to be a trace-copy (t) or a lexical subject positioned at the [spec-IP], [spec-TP], and [spec-vP]. The analysis suggested connectivity between the structure of the subject-less conventional infinitive clause and the position of the subjectness of the subject-less conventional infinitives as the structure of the subject-less conventional infinitives informs the distribution.
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Jeavons, P., and J. Petke. "Local Consistency and SAT-Solvers." Journal of Artificial Intelligence Research 43 (March 19, 2012): 329–51. http://dx.doi.org/10.1613/jair.3531.
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Local consistency techniques such as k-consistency are a key component of specialised solvers for constraint satisfaction problems. In this paper we show that the power of using k-consistency techniques on a constraint satisfaction problem is precisely captured by using a particular inference rule, which we call negative-hyper-resolution, on the standard direct encoding of the problem into Boolean clauses. We also show that current clause-learning SAT-solvers will discover in expected polynomial time any inconsistency that can be deduced from a given set of clauses using negative-hyper-resolvents of a fixed size. We combine these two results to show that, without being explicitly designed to do so, current clause-learning SAT-solvers efficiently simulate k-consistency techniques, for all fixed values of k. We then give some experimental results to show that this feature allows clause-learning SAT-solvers to efficiently solve certain families of constraint problems which are challenging for conventional constraint-programming solvers.
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Bell, David Michael, and Theresa Moran. "Comparing the wine tasting notes of Jancis Robinson and Terry Theise: A stylistic analysis." Text & Talk 40, no. 2 (February 25, 2020): 125–46. http://dx.doi.org/10.1515/text-2019-2053.
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AbstractThis paper offers a stylistic analysis of the tasting notes (TNs) of wine writers Jancis Robinson and Terry Theise. We define linguistic style as those distinctive, consistent, and creative linguistic choices writers make beyond what is conventionally expected in a TN, which are only discernible by comparison to other wine reviewers. Using a corpus of Robinson’s and Theise’s TNs on German and Austrian wines 2012, we compare their TNs in terms of rhetorical and grammatical structure, use of descriptors, and other evaluative language. Robinson’s elliptical note-form style is characterized by adherence to canonical rhetorical structure, verbless clauses, extensive use of conventional metaphoric descriptors and limited use of object descriptors. Theise has an effusive, people-centered additive style characterized by non-conventional rhetorical structure, multiple phrase and clause and coordination, and extensive and exotic use of diverse object descriptors, personification, and intensifier + evaluative adjective phrases. We then connect their varying linguistic styles to their differing approaches to wine tasting.
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Preuss, Ulrich K. "The Implications of “Eternity Clauses”: The German Experience." Israel Law Review 44, no. 3 (2011): 429–48. http://dx.doi.org/10.1017/s0021223700018124.
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This paper explores the conceptual possibility and implications of the concept of unconstitutional constitutional amendments. In the first section, the author argues that unconstitutional constitutional norms are conceptually impossible within the conventional hierarchical model of norms. In the second section, the author discusses the normative particularity of the amending power and concludes that an unlimited power may endanger the constitution. In sections III and IV, the author explains why so-called “eternity clauses,” in order to fend off such a danger, have been designed to place certain immutable elements of the constitution beyond the limits of the amending power. The paradigmatic case is the German Basic Law and a recent decision by the Federal Constitutional Court that discusses the implications of the “eternity clause” with reference to the distinction between constituent power and the constituted amending power. The author develops an alternative understanding of that distinction and its consequences for the amending power. The possible adverse effects of “eternity clauses” on the normality of the constitution are briefly considered in the final section.
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Prideaux, Gary D. "Subordination and information distribution in oral and written narratives." Pragmatics and Cognition 1, no. 1 (January 1, 1993): 51–69. http://dx.doi.org/10.1075/pc.1.1.05pri.
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The ways in which given and new information are distributed, and the functions associated with the distribution, are examined here in terms of information content of relative and adverbial clauses in oral and written narratives. The conventional view that subordinate clauses tend to code given rather than new information is shown to be inadequate. Moreover, a comparison of oral and written narratives of the same events reveals both extensive differences in the two modalities, and at the same time striking similarities in terms of the information distribution within relative clauses. Relative clauses are found to be far more frequent in oral narratives than in their written analogues. However, when the differences are examined in terms of the relative frequencies of given and new relative clauses, the oral narratives are shown to have far more given relative clauses than the written versions, whereas the frequencies for the new relative clauses is virtually identical in the two modalities. This result is attributed to memory constraints.
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Paparinskis, Martins. "MFN Clauses and Substantive Treatment: A Law of Treaties Perspective of the “Conventional Wisdom”." AJIL Unbound 112 (2018): 49–54. http://dx.doi.org/10.1017/aju.2018.28.
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On the big questions, Simon Batifort and J. Benton Heath are plainly right. Dogmatic presumptions about the necessary effect of particular clauses and woolly notions of systemic teleology may distract the interpreter from the task of finding the meaning that represents the intentions of the parties, best articulated in the specific terms chosen. Customary rules on treaty interpretation, reflected in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT), are meant to be flexibly adapted to the case in hand. But in applying their insight to the small print of the interpretative question, Batifort and Heath are less persuasive. Can most favored nation (MFN) clauses be generally relied upon to, as they put it, “import” substantive standards of treatment of investment protection law? The authors are critical of the apparent consensus in favor of an affirmative answer—they call it “conventional wisdom”—and in this regard seem to me to be significantly overstating their case.
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Pamoro, Giza'a Jati. "Principle of Balance E-Contracts in Paylater features in E-Commerce." Notaire 5, no. 3 (October 31, 2022): 377–94. http://dx.doi.org/10.20473/ntr.v5i3.39755.
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AbstractThe development of digital technology makes a lot of changes against people behavior, one of which are buying and selling activities in e-commerce. This study aims to analyze a implementation the princinple of balance in e-contracts specificities a paylater payment feature contained in e-commerce. The existing of e-commerce makes a people shift from a conventional contracts (physical) to electronic contracts (e-contracts). Behind the conveniences and sophistication from e-contracts, there is a weakness and significant impact such as imbalance from that clauses and then makes the users (society) not more paying attention against that clauses, even that contracts. This study uses doctrinal legal research method with statutory and conceptual approach. Based on the analyze, between a company (e-commerce) and users (societies) there is imbalance in a contracts, because a company always feels superior than users, so that users only follow anything provisions which made by a company without notice a principle of balance in a contracts. the company should be able to provide several options in the clause, so that users can really understand the legal actions carried out by the parties.Keywords: Principle of Balance; E-Contracts; E-Commerce; Paylater.
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Bar-Shalom, Eva G., Stephen Crain, and Donald Shankweiler. "A comparison of comprehension and production abilities of good and poor readers." Applied Psycholinguistics 14, no. 2 (April 1993): 197–227. http://dx.doi.org/10.1017/s0142716400009553.
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ABSTRACTResearch from several sources indicates that reading disability is often associated with difficulty in comprehending some complex spoken sentences, including those with relative clauses. The present study exploits a new methodology, elicited production, to identify the source of comprehension difficulties of poor readers. Both the elicited production task and a conventional act-out task were employed in a study of 30 children (aged 7-8), who were selected for reading ability. On the act-out task, the poor readers displayed a high error rate on two relative clause structures (SO and OO relatives), as had been found by Mann, Shankweiler, and Smith (1984), but these structures were elicited from the poor readers as successfully as from the good readers (on more than 80% of trials).
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Goodhue, Rachael E., and Sandra Hoffmann. "Reading the Fine Print in Agricultural Contracts: Conventional Contract Clauses, Risks and Returns." American Journal of Agricultural Economics 88, no. 5 (December 2006): 1237–43. http://dx.doi.org/10.1111/j.1467-8276.2006.00939.x.
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Stępień, Marzena. "Leksykalizacja zdań rozwijających z wyrażeniami cokolwiek i co w funkcji komentarza metatekstowego." Poradnik Językowy 2020, no. 9/2020(778) (November 20, 2020): 38–58. http://dx.doi.org/10.33896/porj.2020.9.3.
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The aim of this paper is to demonstrate the lexicalisation and pragmaticalisation process, as a result of which – in modern Polish – developing clauses, also called non-integrated appositive relative clauses, give rise to metatextual expressions, which comment on a statement/utterance (discourse markers) in the form co by nie / cokolwiek by nie (whatever you) with supplementations in the form of infi nitives mówić, powiedzieć, rzec (say). The expressions were subject to an analysis intended to determine their distribution, form and connectivity, as well as semantic and syntactic properties, including functions in the thematicrhematic structure. The discussions allowed also for the possibility to interpret the described phenomenon in the categories of conventional implicature.
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GANGE, GRAEME, JORGE A. NAVAS, PETER SCHACHTE, HARALD SØNDERGAARD, and PETER J. STUCKEY. "Horn clauses as an intermediate representation for program analysis and transformation." Theory and Practice of Logic Programming 15, no. 4-5 (July 2015): 526–42. http://dx.doi.org/10.1017/s1471068415000204.
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AbstractMany recent analyses for conventional imperative programs begin by transforming programs into logic programs, capitalising on existing LP analyses and simple LP semantics. We propose using logic programs as an intermediate program representation throughout the compilation process. With restrictions ensuring determinism and single-modedness, a logic program can easily be transformed to machine language or other low-level language, while maintaining the simple semantics that makes it suitable as a language for program analysis and transformation. We present a simple LP language that enforces determinism and single-modedness, and show that it makes a convenient program representation for analysis and transformation.
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Gienapp, Jonathan. "Written Constitutionalism, Past and Present." Law and History Review 39, no. 2 (May 2021): 321–60. http://dx.doi.org/10.1017/s0738248020000528.
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Debates over constitutional originalism almost always center on meaning. Questions are typically focused, concentrated on the meaning of particular constitutional clauses at the moment of their inception: the Commerce Clause in 1787, the Second Amendment in 1791, or the Fourteenth Amendment in 1868. Given the prevalence of these investigations, theoretical and methodological debates over how to recover original constitutional meaning are concentrated on either the kind of meaning that should be targeted—original public meaning, original intended meaning, or original legal meaning—or how that meaning can be recovered—through conventional legal reasoning, corpus linguistics, or thick reconstruction of historical context. Regardless, virtually all originalist theories of meaning uncritically presuppose the nature of the object possessing that meaning: they take as given what the Constitution itself is and, by implication, what it has always been. Although it might not be clear what the Constitution originally meant, it is straightforward what the original Constitution originally was. It just is the Constitution.
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Rodríguez, Catalina Fuentes. "Discursive functions and constructionalization of independent "subordinate" sentences in Spanish." Círculo de Lingüística Aplicada a la Comunicación 87 (May 26, 2021): 173–84. http://dx.doi.org/10.5209/clac.74388.
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The topic under discussion in this paper is the syntax of sentences introduced by a subordinate conjunction (que, si, como) that have an independent function in the discourse. Some authors have considered them insubordinate clauses. The author discusses the functions they perform in Spanish discourse, especially in reactive turns, and proposes a macrosyntactic approach that includes a range of structural possibilities: independent utterances, conventional constructions, or discursive operators. These possibilities depend on the different degrees of grammaticalization they show: as semi-fixed constructions or pragmatic markers.
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Ali, Moh, and Agus Yudha Hernoko. "Characteristics of Party autonomy in a Transnational Electronic Consumer Contract." Yuridika 35, no. 1 (October 21, 2019): 55. http://dx.doi.org/10.20473/ydk.v35i1.15105.
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International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general. Prominent characteristics includevirtual, paperless and borderless. Determination of legal choices cannot be made with a link-point approach that is generally applicable to conventional transactions. The typical e-commerce characteristics should be special treatment for special contracts. The virtual nature that knows no national borders is difficult to determine in which country the legal event takes place. Paperless nature often overrides accuracy in transactions, especially with regard to legal choice clauses and forum choices.In addition, another character is that electronic transactions are made in standard form and are arranged for the purpose of take or leave it. Generally, business actors have determined the choice of law and the choice of the forum. Electronic contracts place consumers in a weak bargaining position (the weaker party). There are active limitations in determining the legal choice clause, causing consumers not to have an unequal bargaining power, giving rise to a fundamental paradigm shift in the principle of freedom of contract from "party autonomy" to "one-sided autonomy". On this basis, the need for state intervention to provide legal protection in the form of mandatory regulations as an exception to the contractual principle that is absolute becomes relative, namely that the applicable law is not mutatis mutandis law that is chosen by the parties but the law where habitual residence is.
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Gao, Yuan, Yueling Guo, Nurul Atiqah Romli, Mohd Shareduwan Mohd Kasihmuddin, Weixiang Chen, Mohd Asyraf Mansor, and Ju Chen. "GRAN3SAT: Creating Flexible Higher-Order Logic Satisfiability in the Discrete Hopfield Neural Network." Mathematics 10, no. 11 (June 1, 2022): 1899. http://dx.doi.org/10.3390/math10111899.
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One of the main problems in representing information in the form of nonsystematic logic is the lack of flexibility, which leads to potential overfitting. Although nonsystematic logic improves the representation of the conventional k Satisfiability, the formulations of the first, second, and third-order logical structures are very predictable. This paper proposed a novel higher-order logical structure, named G-Type Random k Satisfiability, by capitalizing the new random feature of the first, second, and third-order clauses. The proposed logic was implemented into the Discrete Hopfield Neural Network as a symbolic logical rule. The proposed logic in Discrete Hopfield Neural Networks was evaluated using different parameter settings, such as different orders of clauses, different proportions between positive and negative literals, relaxation, and differing numbers of learning trials. Each evaluation utilized various performance metrics, such as learning error, testing error, weight error, energy analysis, and similarity analysis. In addition, the flexibility of the proposed logic was compared with current state-of-the-art logic rules. Based on the simulation, the proposed logic was reported to be more flexible, and produced higher solution diversity.
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McCARTY, CHARLES. "ANTIREALISM AND CONSTRUCTIVISM: BROUWER’S WEAK COUNTEREXAMPLES." Review of Symbolic Logic 6, no. 1 (October 3, 2012): 147–59. http://dx.doi.org/10.1017/s1755020312000287.
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AbstractStrictly intuitionistic inferences are employed to demonstrate that three conditions—the existence of Brouwerian weak counterexamples to Test, the recognition condition, and the BHK interpretation of the logical signs—are together inconsistent. Therefore, if the logical signs in mathematical statements governed by the recognition condition are constructive in that they satisfy the clauses of the BHK, then every relevant instance of the classical principle Test is true intuitionistically, and the antirealistic critique of conventional logic, once thought to yield such weak counterexamples, is seen, in this instance, to fail.
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Hashim, Abdulkadir. "Application of Muslim Personal Law in the Kenyan Courts: Problems and Prospects." Islamic Africa 11, no. 2 (September 1, 2021): 208–31. http://dx.doi.org/10.1163/21540993-01101015.
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Abstract This paper examines the application of Muslim personal law in the Kenyan courts. It addresses jurisprudential issues which engage conventional government judges, magistrates and kadhis (Islamic judges). The interaction between the conventional and religious courts has paved the way for a conflict of laws on matters related to Muslim personal law and has led to an interesting scenario of constructive conversation and criticism that in turn has set the stage for an emerging comparative jurisprudence within a pluralistic society. Factors which contribute toward conflicts include wholesale adoption of Common Law and Islamic law notions and exemption clauses in statutes. To overcome the challenges facing the kadhis’ courts and the application of Muslim personal law in Kenya, the paper proposes the adoption of a progressive comparative jurisprudential approach in responding to emerging legal issues facing Muslim litigants in the Kenyan courts.
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Popova, Daria. "The place of impositions in the meaning typology." Voprosy Jazykoznanija, no. 6 (2022): 111. http://dx.doi.org/10.31857/0373-658x.2022.6.111-122.
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The paper reviews the notion of the imposition introduced in the paradigm of dynamic semantics. An imposition is an informative and automatic update of the common ground or the context set. This type of context update is associated with appositive clauses, evidential markers, parenthetical constructions. An imposition encodes the discourse behavior of its bearer, which allows us to examine the interplay between the semantic representation of an expression, its discourse change potential, the broader context, and the speaker’s intentions behind the information packaging. The paper also compares the notion of the imposition with the more traditional notions of conventional implicature and presupposition.
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Fried, Mirjam, and Pavel Machač. "Intonation as a cue to epistemic stance in one type of insubordinate clauses." Folia Linguistica 56, no. 1 (March 1, 2022): 183–214. http://dx.doi.org/10.1515/flin-2022-2008.
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Abstract This corpus-based study focuses on the spoken nature of insubordination by analyzing intonation vis-à-vis interpersonal functions associated with specific insubordination patterns in spontaneously produced Czech conversations. This paper shows that there is a consistent relationship between the epistemic function of a given variant and its intonational contour: the pattern found in argumentative settings is associated with a conclusive, sharply falling cadence, while the variant found in collaborative contexts and imparting an explicative flavor has a slightly rising melody, suggesting inconclusiveness. We also discovered a clear parallelism between these two intonational variants and an intonational split in the embedded polar questions after the verb form nevím ‘I don’t know’, the most likely source of the insubordinate structures. This finding further motivates the interpersonal functions served by the insubordination patterns: the argumentative variant marks a high degree of confidence about p not being true, while the slightly rising contour of the explicative pattern marks a low degree of confidence in p being true, thus necessarily projecting tentativeness. The results strengthen the status of these patterns as conventional grammatical units distinct from their syntactic source; they show that their phonic properties provide salient interpretive cues; and they also contribute to the question of how we conceptualize the emergence of insubordination.
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Hannonen, Marko. "Urban Housing Policy Considerations: Perspectives from the Finnish Housing Market." Journal of Heterodox Economics 1, no. 2 (December 1, 2014): 114–30. http://dx.doi.org/10.1515/jheec-2015-0007.
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Abstract It is very difficult to study phenomena in housing markets using conventional so-called neoclassical economics. The core problem stems from the highly unrealistic assumptions of neoclassical economics, such as homogeneous products, equilibrium markets, ceteris paribus clauses, deterministic and linear systems, rationality of economic agents, and the utility maximization principle. New Keynesian economics appears to be a more fruitful approach to housing markets since it presumes that products are differentiated, markets are in disequilibrium state and there exists imperfect competition in a marketplace. Furthermore, new Keynesian economics utilizes the concept of bounded rationality, which is a more realistic description of the actual behavior of economic agents than the theoretical notion of rationality in neoclassical economics.
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Janzen, Terry. "Composite utterances in a signed language: Topic constructions and perspective-taking in ASL." Cognitive Linguistics 28, no. 3 (August 28, 2017): 511–38. http://dx.doi.org/10.1515/cog-2016-0121.
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AbstractComposite utterances are utterances that are built from multiple signs of multiple types, meaning that in any conversational “move” speech, gestures, eye-gaze, intonation patterns, physical stance, etc. all participate in the utterance, and the meaning derived from it is constructed by the composite of these participant types. likewise considers utterances as multimodal ensembles. The present study investigates how the notion of composite utterance plays out in a signed language such as ASL. Articulated in the same modality as are gestures, the distinction between language and gesture has seemed less clear, leading some to ask whether signers even gesture at all and some to suggest that gestures and formal signed language are substantively different systems. On the other hand, others have posited a continuity approach to gesture and signed language especially in light of grammaticalization studies. Here I examine topic-comment constructions and perspectivized clauses in ASL through the lens of Enfield’s composite utterances proposal, looking at component parts and how they function to ground elements in the discourse and guide the interlocutor through the textual structure. I use Enfield’s conventional versus non-conventional type categories in examining lexical and prosodic elements in topic and perspective-taking constructions.
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Ibrahim, Abdul-Jalil, and Monzer Kahf. "Instruments for investment protection when structuring Islamic venture capital." Journal of Islamic Accounting and Business Research 11, no. 9 (September 17, 2020): 1907–20. http://dx.doi.org/10.1108/jiabr-01-2019-0025.
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Purpose This paper aims to explore how Sharīʿah-compliant instruments can be used to protect investments and attract investors to Islamic venture capital (IVC). Equity investments in Islamic finance are trailing behind their potential value. This is partly due to the limited instruments available to protect investors, as most of the tools used in conventional venture capital (VC) are deemed Sharīʿah non-compliant. Design/methodology/approach The research amends and uses Wright Robbie’s (1998) VC structure and how it can be used to finance small and medium-sized enterprises (SMEs). The study uses secondary data reported in the literature and the expertise of the Sharīʿah scholarship. Findings There are Sharīʿah-compliant instruments available for IVC that can be used to protect investments and incentivize potential investors to promote investments in SMEs. At the various stages of the IVC process, preference shares, perpetual mudharabah, diminishing musharakah, musharakah with murabahah, musharakah with qard, negligence clauses, liquidation preference, warrants and supermajority clauses can all be used with appropriate conditions to protect investors and offer incentives for them to invest in IVC. Practical implications The research provides a method for screening and evaluating potential deals for SMEs using an amended VC called an IVC scheme with a focus on Sharīʿah-compliant investment protection instruments. The method can promote SMEs and entrepreneurship and financial inclusion for Sharīʿah-compliant investors. Originality/value This study contributes new ideas to how IVC can be structured, taking into consideration Sharīʿah constraints. The paper addresses investors’ protection and incentives to attract Sharīʿah-compliant investors, which have been lacking in the literature.
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Ye, Ning. "Institutional interaction in traffic law enforcement in China: Resistance and obedience." Semiotica 2017, no. 216 (May 24, 2017): 451–77. http://dx.doi.org/10.1515/sem-2017-0039.
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AbstractOn-site law enforcement is routine work for Chinese traffic police to effectively control a congested city. Misunderstanding, confusion, and even conflict frequently occur between traffic police and offenders about traffic offence penalties. Based on an analysis of digital recordings, the present study investigates institutional interaction from a semiotic perspective. The institutional discourse, taken as a sign, creates an interpretant in the language of traffic police, which works as representamen to be interpreted by offenders. By examining the meaning construction in the interaction, the study reveals the way police impose penalties exploiting the impact of their linguistic, professional and social background. The findings indicate that the resistance or obedience to penalties is a reflection of the interpretant produced by the offenders in the process of mediation. As China has recently made great progress in the creation of rules of law, police organizations have established many new clauses, covering every aspect of police routine. However, the clauses relating to the use of legal language for police officers encountering offenders can, to some degree, result in different interpretations of the obscure language and conventional procedures, which can thus impede effective communication between two participants. Apart from the rigid limitation on and strict observance of legal language choices, the imbalanced distribution of legal knowledge between professionals and laymen, the complexity of identity construction and historical and social cultures may impose constraints on the institutional discourse. This study suggests that the police should be aware of institutional discourse as a semiotic process and should modify their linguistic strategy to effect positive interaction.
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Ma, Giai-Mau. "Subcontracting Services to a Company and a Permanent Establishment According to Article 5 Paragraph 3 Letter b) UN-Model-Convention." Intertax 45, Issue 6/7 (June 1, 2017): 461–66. http://dx.doi.org/10.54648/taxi2017038.
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This articles examines the question whether subcontracting another company can amount to a Permanent Establishment (PE) according to Article 5 paragraph 3 letter b) UN-Model-Conventions. In doing this, it looks at alternative service-PE-clauses, decisions and regulations in other jurisdictions and the interrelationship with the PE-profit-allocation-clause and the non-discrimination-clause. It argues that a PE through subcontracting another company would lead to dissatisfactory results.
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Accominotti, Olivier, and Marc Flandreau. "Bilateral Treaties and The Most-Favored-Nation Clause: The Myth of Trade Liberalization in the Nineteenth Century." World Politics 60, no. 2 (January 2008): 147–88. http://dx.doi.org/10.1353/wp.0.0010.
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Textbook accounts of the Anglo-French trade agreement of 1860 argue that it heralded the beginning of a liberal trading order. This alleged success holds much interest from a modern policy point of view, for it rested on bilateral negotiations and most-favored-nation clauses. With the help of new data on international trade (the RICardo database), the authors provide empirical evidence and find that the treaty and subsequent network of MFN trade agreements coincided with the end of a period of unilateral liberalization across the world. They also find that it did not contribute to expanding trade at all. This is contrary to a deeply rooted belief among economists, economic historians, and political scientists. The authors draw a number of policy lessons that run counter to the conventional wisdom and raise skepticism toward the ability of bilateralism and MFN arrangements to promote trade liberalization.
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Dattner, Elitzur. "The Hebrew dative: Usage patterns as discourse profile constructions." Linguistics 57, no. 5 (September 25, 2019): 1073–110. http://dx.doi.org/10.1515/ling-2019-0022.
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Abstract The dative in Hebrew poses a problem for a unified characterization as no single criterion seems to guides its interpretation. The present paper approaches this problem from a usage-based perspective, suggesting a multifactorial account of dative functions in Hebrew. Analyzing a corpus of Hebrew dative clauses with multivariate statistical tools I reveal the usage patterns associated with each dative function, showing that traditional descriptions of dative functions are not reflected in usage. Working within a Usage-Based perspective, in which the meaning of a word is its use in language, I argue that Hebrew has only four distinct dative usage patterns, termed Discourse Profile Constructions: conventional correspondences between a multifactorial usage pattern and a unified conceptualization of the world. The four Discourse Profile Constructions are: (i) the Extended Transitive Discourse Profile Construction, (ii) the Human Endpoint Discourse Profile Construction, (iii) the Extended Intransitive Discourse Profile Construction, and (iv), the Evaluative Reference point Discourse Profile Construction. By revealing such correspondences between usage patterns and conceptualizations, the present paper (i) broadens the Construction Grammar notion of Argument Structure Construction, and (ii), suggests an innovative account for the notion of usage as a factor in the conventional pairing between form and function.
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García, Inmaculada González. "The Anglo-Spanish Dispute over the Waters of Gibraltar and the Tripartite Forum of Dialogue." International Journal of Marine and Coastal Law 26, no. 1 (2011): 91–117. http://dx.doi.org/10.1163/157180811x543088.
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AbstractThe historical Anglo-Spanish dispute over the waters of Gibraltar is based on two separate and specific territorial disputes: one related to the conventional cession of Gibraltar by Spain in the Treaty of Utrecht of 1713 and the other related to the British occupation of the Isthmus. The Spanish government has used the cession in Article 10 of that Treaty as the legal basis in both cases, merely stating that it does not recognise British jurisdiction over any waters other than those expressly ceded by it. Ever since the Tripartite Forum of Dialogue on Gibraltar was created in 2004 by a soft law agreement among the governments of Spain, the United Kingdom and Gibraltar as a separate framework from the Brussels Process on Anglo-Spanish sovereignty claims, we believe that this Forum has become an appropriate institutional framework for addressing issues of practical cooperation related to the disputed waters as well, establishing safeguard clauses related to sovereignty issues.
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Lassen, Inger. "Stylistic dilemmas in document design." Document Design 3, no. 1 (March 25, 2002): 32–53. http://dx.doi.org/10.1075/dd.3.1.06las.
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In technical discourse, the majority of texts are found to be accessible only to a specialist audience, and the feeling is prevalent with some technical genres that they would lose their generic integrity if part of their complexity was removed, since such a change would jeopardize the acceptability of the texts. Technical translators, on the other hand, often feel a strong need to simplify conventional technical writing style, which by convention has a high frequency of passives, nominalizations, nonfinite clauses and compound noun clusters, and omits some definite articles. Halliday (1994) and Halliday and Matthiessen (1999) have referred to some of these configurations (nominalizations, nominal groups, and nonfinite clauses) as grammatical metaphor (GM). Following Halliday’s argumentation, I have suggested an extension of the GM range to also include the passive and definite article omission (see, for example, Lassen, 1997, pp. 67–83), making possible a discussion of the characteristic stylistic features in technical discourse under the umbrella term GM. This article discusses the stylistic dilemmas involved in negotiating between the two conflicting aims of observing genre conventions and facilitating comprehen- sion. The empirical basis of the discussion is a survey in which the attitudes of different audiences to text accessibility and acceptability were investigated by means of a questionnaire distributed to a variety of professional groupings, including technical writers, translators, engi- neers, and technical language instructors, as well as a nonspecialist group of respondents with mixed occupations who were unfamiliar with technical writing style. The respondents were encouraged to state their attitudes to accessibility and acceptability on the basis of three text versions. One version was an original text, the second a text from which the grammatical metaphors had been removed, and the third was a version with short sentences.
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Muttaqien, M. Zainal. "COHESIVE MARKERS IN SOCIAL MEDIA DISCOURSE: CASE IN INDONESIAN FACEBOOK CONVERSATIONS." Linguistik Indonesia 37, no. 2 (September 26, 2019): 185–202. http://dx.doi.org/10.26499/li.v37i2.120.
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AbstractThe emergence of social media as a new channel of communication has produced a new form discourse which has different characteristics compared to the formerly established conventional discourses. These differences do not only lie in how the messages are delivered but also in their structural components which contribute to the unity of the text, namely cohesion and coherence. Cohesion, as the marker of coherence, is realized by language units (words, phrases, or clauses) known as cohesive markers which indicate the relationship between parts of discourse either grammatically or lexically. This article aims at describing the composition and distribution of cohesive markers within the Facebook conversations along with their roles in determining the characteristics of the discourse. The results show that the cohesive system of Facebook conversations are dominated by references, ellipses, repetitions, and conjunctions. The frequent appearances of certain referential cohesivemarkers indicate Facebook conversations as typical of interactive discourse whereas numerous ellipses and particular conjunctionsreflectthe informal mode of communication carried out through the social media.On the other hand, various repetitions show the existence of topical cohesionwithin the conversations.
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Kalshoven, Frits. "The Conventional Weapons Convention: Underlying Legal Principles." International Review of the Red Cross 30, no. 279 (December 1990): 510–20. http://dx.doi.org/10.1017/s0020860400200065.
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Neither the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to have Indiscriminate Effects, adopted in Geneva on 10 October 1980, nor the Protocols annexed to it specify in their operative parts the principles on which the prohibitions and restrictions rest. Such principles are, however, found in the preamble to the Convention.Four of the twelve preambular paragraphs are relevant here. They list: the “general principle of the protection of the civilian population against the effects of hostilities”; the principle “that the right of the parties to an armed conflict to choose methods or means of warfare is not unlimited”; the ban on “the employment in armed conflicts of weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering”; and the fact that it is prohibited “to employ methods or means of warfare which are intended, or may be expected, to cause widespread, longterm and severe damage to the natural environment.” The fifth paragraph reiterates the well-known Martens clause, in the formulation accepted for Article 1, paragraph 2, of Additional Protocol I of 1977.
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Pit, H. M. "Arbitration under the OECD Model Convention: Follow-up under Double Tax Conventions: An Evaluation." Intertax 42, Issue 6/7 (June 1, 2014): 445–69. http://dx.doi.org/10.54648/taxi2014043.
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On 18 July 2008, the OECD Council adopted amendments to the OECD Model Convention, by which inter alia the mutual agreement procedure of Article 25 was supplemented with an arbitration clause. This clause provides for a mandatory arbitration procedure if contracting states fail to reach a mutual agreement within a two-year period if the taxpayer request so. Subsequent to this arbitration clause, the OECD also developed procedural rules that states can use during the arbitration procedure. This article evaluates whether, almost six years after its adoption, the OECD arbitration clause has been included in double tax conventions concerning the prevention of double taxation. This article also evaluates to what extent the procedural rules provided for by the OECD are adopted.
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Derenčinović, Davor. "Freedom of Expression and its Restrictions in Europe : On the Applicability of Article 17 of the European Convention of Human Rights to Disinformation (Fake News)." Law, Identity and Values 1, no. 2 (2021): 7–18. http://dx.doi.org/10.55073/2021.2.7-18.
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Freedom of expression is not an absolute right and has limitations set up by international human rights treaties. The general clause of its limitation falls within the scope of the ‘rights of others’ as provided, for instance, in the European Convention of Human Rights. The role of the courts is to balance freedom of expression and the rights of others, performing a three-step test of legality, necessity, and proportionality of any restriction. However, according to the well-established case law of the European Court of Human Rights, some forms of expression do not enjoy protection under free speech clauses. Therefore, the European Court of Human Rights dismisses claims as manifestly inadmissible under Article 17. This ‘abuse’ clause is invoked when a particular claim is based on undermining the democratic values of a liberal state. The purpose of the abuse clause is to preserve the self-sustainability of the Convention. This paper aims to analyze whether fake news and disinformation campaigns fall under the scope of Article 17.
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Obediente, Enrique, and Francesco D’Introno. "Andrés Bello." Historiographia Linguistica 24, no. 3 (January 1, 1997): 331–48. http://dx.doi.org/10.1075/hl.24.3.06obe.
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Summary In this article we will analyze two aspects of Andrés Bello’s (1781–1865) grammatical thought: its relation to the English empiricists and its similarity with generative grammar. His relation to the English empiricists is due to the fact that Bello spent 19 years in London, where he became familiar with the work of Locke, Berkeley, Hume and Reid. In fact his philosophical work, Filosofía del entendimiento, sounds like some of those philosophers’ essays. From the empiricists Bello derives the idea that there is no innate universal grammar with rules present in all languages, as well as his concept of language as an independent system of arbitrary and conventional signs. From Reid he derived his interpretation of the evolution of the language: signs start as ‘natural’ (i.e., they allow humans to communicate without any particular language), and then they become ‘artificial’, i.e., arbitrary and conventional, particular to each grammatical system. Because of his philosophical position, Bello has been compared to structuralist linguists. Here we will show that some of Bello’s grammatical thoughts can be compared with those of Chomsky. The reason for this is that in his grammatical analysis Bello uses concepts reminiscent of generative grammar. For example, Bello proposes the notion of an ‘latent proposition’ similar to that of ‘deep sttaicture’. And when he analyzes for example relative clauses and elliptical constructions, he uses concepts that are familiar to generative grammarians. In other words, the paper tries to show that methodologically and analytically Bello shares some concepts present in Chomsky’s linguistic theory. It also shows differences between Bello and Chomsky, and concludes by pointing out that the major difference between the two linguists is that Bello assumes language can be learned through a symbolic system, while Chomsky assumes language to be innate and independent of other cognitive systemsof the mind.
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Sriono, S., Sri Dewi, Miftah Hulzannah, Maria Panggabean, and Riki Afri Rizki. "Legal Protection Against Bank Customers in Review of Banking Laws." International Journal of Educational Research & Social Sciences 1, no. 1 (April 7, 2021): 1–6. http://dx.doi.org/10.51601/ijersc.v1i1.7.
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Legal protection for customers is reviewed in terms of banking laws and regulations, such as Law Number 21 of 2008 concerning Islamic banking. Both Islamic banks and conventional banks with regulatory control must comply with general banking regulations. Act Number 7 of 1992 concerning Banking. The Banking Law which regulates amendments to Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1999. there is an obligation for banks to become members of the Deposit Insurance Corporation (LPS) so as to provide protection for depositors customers against their deposits and the existence of customer rights conduct customer complaints, and use banking mediation forums for simple, cheap, and fast dispute resolution. Legal protection for customers in terms of the Consumer Protection Act lies in the obligation for banks to heed the procedure for making standard clauses.Settings via The Consumer Protection Law which is closely related to legal protection for customers as banking consumers is the provision regarding standard clauses. Meanwhile, from the laws and regulations in the banking sector, the provisions that provide legal protection for bank customers as consumers include the introduction of the Deposit Insurance Corporation (LPS) in Law Number 10 of 1998. At the technical level the legal umbrella protecting customers includes the existence of arrangements regarding the settlement of customer complaints and banking mediation in a Bank Indonesia Regulation (PBI).
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Tovar Viera, Rodrigo. "Analysis of Abstracts in Scientific Papers Written in English Using Corpora." Script Journal: Journal of Linguistic and English Teaching 4, no. 2 (October 20, 2019): 112. http://dx.doi.org/10.24903/sj.v4i2.323.
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Research article abstracts are the gateways to communicate the research findings. This function and the significant contribution in disseminating the knowledge production have been the issue of academic research studies across disciplines. Abstracts, indeed, after titles, are the most read section freely available online. However, despite the impressive output contribution to the academic discourse community, both national and international and much research developed on abstracts, investigations particularly contrasting article abstracts published in Ecuadorian and North-American journals are scarce. The study examines the rhetorical organization and the linguistic realizations of abstract written in four disciplines, by first identifying the move structure and then their linguistic realizations, including verb tense, clauses, modals and stance markers. The contrastive analysis of English and Spanish texts is based on a corpus of 120 abstracts from the fields of humanities and science. Results showed that abstract published in Ecuadorian and North-American journals from four disciplines do put more emphasis on purpose, method, and product (results) in order to introduce the new knowledge. Throughout the corpus present, past tense, and hedges were the most frequent categories. The present tense commonly occurred in M1-M2-M5. The similarities and differences in the rhetorical organization and linguistic realizations of abstract moves might be attributed to the context of publication; however, such rhetorical and style choices remain quite unclear, in terms of conventional patterns or authors’ preferences.
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Ariel, Mira. "Cognitive Universals and Linguistic Conventions." Studies in Language 23, no. 2 (November 12, 1999): 217–69. http://dx.doi.org/10.1075/sl.23.2.02ari.
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Generativist pragmatists and discourse grammarians both subscribe to a functional view of language, but they do not agree on the nature of pragmatic principles. Prince (1988a,b) has argued that form-function correlations are arbitrary and language specific. Discourse grammarians have argued that pragmatic, and even grammatical rules, emerge out of universal, natural and predictable extralinguistic pressures. I will argue that although the distribution of gaps and resumptive pronouns in relative clauses seems arbitrary and language specific, one cognitively-based form-function principle governs their distribution. Relative clauses where the head is highly accessible when the relativized position is processed take gaps, whereas relative clauses which maintain a relatively low degree of accessibility of the head when the relativized position is processed take resumptive pronouns. The differences between languages are then attributed to language-specific grammaticization processes, rather than to different motivations and/or discoursal patterns.
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Quinet, Félix. "Les conventions collectives et leurs clauses d’ancienneté." Relations industrielles 26, no. 4 (April 12, 2005): 890–906. http://dx.doi.org/10.7202/028270ar.
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En plus d'essayer de décrire ce qu'est la convention collective au Canada, l'auteur examine plus spécifiquement les clauses d'ancienneté, leur contenu et leur fréquence statistique pour certains secteurs.
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Quinet, Félix. "Les transformations technologiques et conventions collectives de travail." Relations industrielles 20, no. 1 (April 12, 2005): 65–76. http://dx.doi.org/10.7202/027546ar.
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L'auteur démontre, au moyen de clauses significatives, que la seule lecture du texte des conventions collectives ne permet pas de connaître toute la portée des transformations technologiques sur les relations de travail. Une recherche menée sur le terrain s'avère nécessaire à cette fin. L'auteur étudie également le rôle des clauses d'ancienneté en cas de transformations technologiques.
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Rondeau, Claude, and François Badin. "Le contenu non salarial des conventions collectives dans les industries manufacturières au Québec." Articles 41, no. 1 (April 12, 2005): 69–90. http://dx.doi.org/10.7202/050182ar.
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Filipek, Paweł. "Disconnection clauses in the Council of Europe conventions." Politeja 11, no. 32 (2014): 241–59. http://dx.doi.org/10.12797/politeja.11.2014.32.14.
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Kochetova, Larisa, and Elena Ilyinova. "English Academic Discourse in Translinguistic Context: Corpus-Based Study of Lexical Markers." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 2. Jazykoznanije, no. 5 (January 2021): 25–37. http://dx.doi.org/10.15688/jvolsu2.2020.5.3.
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The paper applies the Matrix method to an investigation into translinguistic features of English academic discourse that is serving worldwide a means of cross-cultural exchange between researchers with translingual skills. Based on the corpus approach to the comparison of the two corpora that comprise samples of professional academic writing in various fields of study (Art and Humanity, Natural and Social sciences), the paper seeks to identify both quantitatively and qualitatively correlations in repertoire and frequencies of recurrent linguistic expressions between the native English-language and non-native (Russian) academic discourse performers. The corpora were investigated along with the use of lexical bundles, re-occurring lexical units, which were grouped into noun-based and preposition-based phrases with post-modifier fragments, verb-based phrases with any form of verb components. The data comparison points to a code-mixing trend at the syntagmatic layer, which is a translingual fusion of English words in accord with a mixture of syntagmatic relations typical of English and Russian variations of academic discourse. It was found that non-native writing does not reveal as much lexical flexibility as native writers do and to a large extent relies on formulaic expressions, most of which are not conventional for expert native academic writing. Native Russian writers use excessively noun-based phrases with abstract nouns and underuse noun phrases without prepositions. Verb phrases with that- and to-clauses are mainly characteristic of native professional writing whereas non-native writing employs patterns with active verbs and passive constructions. It was found that non-native writing lacks quantifying phrases and hedging expressions that mitigate the proposition.
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Kvet, Michal, Emil Kršák, and Karol Matiaško. "Study on Effective Temporal Data Retrieval Leveraging Complex Indexed Architecture." Applied Sciences 11, no. 3 (January 20, 2021): 916. http://dx.doi.org/10.3390/app11030916.
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Current intelligent information systems require complex database approaches managing and monitoring data in a spatio-temporal manner. Many times, the core of the temporal system element is created on the relational platform. In this paper, a summary of the temporal architectures with regards to the granularity level is proposed. Object, attribute, and synchronization group perspectives are discussed. An extension of the group temporal architecture shifting the processing in the spatio-temporal level synchronization is proposed. A data reflection model is proposed to cover the transaction integrity with reflection to the data model evolving over time. It is supervised by our own Extended Temporal Log Ahead Rule, evaluating not only collisions themselves, but the data model is reflected, as well. The main emphasis is on the data retrieval process and indexing with regards to the non-reliable data. Undefined value categorization supervised by the NULL_representation data dictionary object and memory pointer layer is provided. Therefore, undefined (NULL) values can be part of the index structure. The definition and selection of the technology of the master index is proposed and discussed. It allows the index to be used as a way to identify blocks with relevant data, which is of practical importance in temporal systems where data fragmentation often occurs. The last part deals with the syntax of the Select statement extension covering temporal environment with regards on the conventional syntax reflection. Event_definition, spatial_positions, model_reflection, consistency_model, epsilon_definition, monitored_data_set, type_of_granularity, and NULL_category clauses are introduced. Impact on the performance of the data manipulation operations is evaluated in the performance section highlighting temporal architectures, Insert, Update and Select statements forming core performance characteristics.
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Juramli, J. "IDEASIONAL FUNCTION TRANSITIVITY IN THE TEXT OF DAQAAIQUL AKHBAR: SYSTEMIC FUNCTIONAL LINGUISTIC STUDY." International Journal of Systemic Functional Linguistics 1, no. 2 (February 1, 2018): 34–38. http://dx.doi.org/10.55637/ijsfl.1.2.393.34-38.
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This paper reports condition of transitivity system of ideational function realized in the text of Daqaaiqul Akhbar, as a useful form of local cultural text that can nurture creativity of Sasak ethnic group. Investigation in this research was carried out with some focuses as fomulated in the research questions, such as 1) “What is the most dominant type of transitivity system realized in the text of Daqaaiqul Akhbar "Khabar Nature News Hereafter?”; 2) “How is the relevance of the findings with discourse learning in high school?” The purpose of this study was to describe the most dominant type of transitivity system Daqaaiqul Akhbar text and to illustrate the relevance of the findings with discourse learning in senior high school. The investigation was conducted with the application of combination research approach of qualitative and quantitative research approach. Qualitative research approach refers to the basic assumptions as the best effort to gain an understanding of the phenomena. Data of the research was collected with utilization of observation, documentation and record method. The result shows that types of transitivity system found in text of Daqaaiqul Akhbar, which consists of 86 clauses including process items 84 (78.83%), participant 149 items (140.21%), and circumstance 87 items (81.79%). Relevance of the findings with discourse learning in senior high school is, 1) text of Daqaaiqul Akhbar can be a reference that explores the values (value) related learning objectives achievement. Discourse can analyzed based on character in Curriculum 2013, 2). Examination of the text of discourse in high school is not monotonous on the view of structural grammar (conventional) which is still at the traditional level.
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Hou, Renkui, Chu-Ren Huang, and Hongchao Liu. "A study on Chinese register characteristics based on regression analysis and text clustering." Corpus Linguistics and Linguistic Theory 15, no. 1 (May 27, 2019): 1–37. http://dx.doi.org/10.1515/cllt-2016-0062.
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Abstract This paper reports an innovative Chinese register study based on regression analysis for sentence length distribution and text clustering. Although end of sentence is not conventionally marked in Chinese, we resolve this issue by assuming that segments between periods, question marks, and exclamation marks are sentences, which can be further divided into simple sentences and compound sentences. We also assume that segments between punctuation marks that express pauses in utterances form sentences (i.e., clauses). Using regression analysis, we find that the frequency distribution of sentence and clause lengths in Chinese can be fitted by the formula F = aLbcL, where L is sentence/clause length. Texts from different registers give rise to different fitted values of the parameters, and hence can serve to differentiate these registers. Finally, we use these parameters to represent and cluster texts from different registers. The successful text clustering results further prove that the parameters of the fitted results are reliable linguistic characteristics for different registers. In terms of linguistic theories, our study shows that it is just as effective to model sentence length in Chinese using sociological words (i.e., characters) as it is using linguistic words.
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Michaud, Paul. "L'Assurance-groupe et les conventions collectives." Relations industrielles 15, no. 2 (February 4, 2014): 209–24. http://dx.doi.org/10.7202/1022031ar.
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Sommaire Dans cet article, l'auteur s'attache à l'analyse des clauses d'assurance-groupe incluses dans les conventions collectives, des difficultés rencontrées dans leur négociation et leur application pratique.
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Hanh, Nguyen Thu, and Nguyen Tien Lam. "REALIZATION OF INTERPERSONAL MEANING IN U.S PRESIDENT BARACK OBAMA’S SPEECH AT VIETNAM CONVENTION CENTRE: A MOOD SYSTEM ANALYSIS." VNU Journal of Foreign Studies 37, no. 1 (February 28, 2021): 43. http://dx.doi.org/10.25073/2525-2445/vnufs.4656.
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This study investigated the interpersonal meaning which lies on the diplomatic speech delivered by Barack Obama at Vietnam Convention Centre. The purposes of this study were to describe the construction of the interpersonal meaning of Obama’s speech and the contribution of this construction for interpreting his attitudes towards Vietnam. This study used qualitative approach as its main method and clause was chosen as the unit of analysis. The data for this study were analyzed using the MOOD system, including Mood element, Residue, and Mood types. Based on this analysis, it can be concluded that the interpersonal meaning in Obama’s speech was mainly realized through Mood types, modal auxiliary, subjects and tense shift. The dominant appearance of declarative clauses, the frequent employment of modals will, can, should and have to, the preference for the first person pronouns I and we in the speech means that Obama wanted to give information as much as possible to the audience, to shorten the distance between him (as the representative of the United States) and the audience as well as maintaining an equal, reliant relationship between them.
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القضيبي, د. خالد بن محمد بن عبدالعزيز القضيبي. "ضمانات وحقوق المتهم في مرحلة التحقيق في النظام السعودي- دراسة مقارنة." Omdurman Islamic University Journal 18, no. 2 (December 2, 2022): 401–25. http://dx.doi.org/10.52981/oiuj.v18i2.2834.
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This research is under the title of " The Guarantees and Rights of the Accused at the Stage of Investigation in the Saudi System ". The researcher has chosen this subject among the penal subjects of his major due to its importance of being connected with rules and regulations, usually enacted by law involving the procedures of arrest, inspection and detention, when the state - as a general authority - carries out its duty, as in any legal systems of the world, to combat crime and criminal and to protect the society from his vice. The problem which the researcher seeks to remedy is the extent of equilibrium between the guarantees of rights and interest of the accused individual and the rights and interest of the state in securing and stabilizing its society against crime. Do the procedures of the currently carried out system secure the rights of the accused at the stage of Investigation such as (arrest after suspicion then inspection, apprehension, detention and Investigation) then bring charge against him and bring him to justice, or release him and drop all the charges against him by virtue of the intrinsic innocence of the accused? The research aims to affirm that the systems of Saudi Arabia secure the entire rights of the accused in conformity with Islamic Law. Due to the nature of the research, researcher has adopted the inductive method through scrutinizing the clauses of the governance.
constitution, the system of procedures, and the system of imprisonment and detention, as well as the analytical method for those clauses in order to realize the objectives of the research and solve its problem. The structure of the research is divided into three topics. The first is under the title of: The concept of guarantees, rights, the accused and Investigation. The second is under title of: The Guarantees and rights of the accused and their types. The third is under the title of: The Guarantees and rights of the accused in the governance constitution and the penal system procedures. At conclusion, the research reached results and recommendations, the most important of them are: Accused arrest is requirements of detention rather than detention is requirements of arrest. There are guarantees for accused rights at the stage of Investigation secured in conformity with the Islamic Law, governance constitution and the conventional systems and rules in Saudi Arabia. Arrest, inspection, detention, apprehension, and detention are prime elements of penal procedures at the stage of Investigation. Guarantees are considered presumption of innocence of any accused of charges imputed to him by securing his right (as an individual) of defending himself which may render the perpetrator fall into the hands of the state. The research recommends that: to give attention to propagate the culture of being familiar with human rights in penal procedures and increase awareness of it among media workers as well as the public.