Legal Culture Research Articles

An assessment of translating religious and magical aspects in "Arabian nights" into English

This thesis discusses the difficulties of translating "Arabian Nights" from Arabic to English, focusing on cultural and religious elements. It analyzes translation strategies from the 19th century to the present by using Katharina Reiss' text typology framework. English translations nevertheless influenced by historical biases and misconceptions. Modern translations show more cultural sensitivity but struggle to fully convey nuances. Market expectations often lead to domestication in translation approaches. The research emphasizes the tension between making the text accessible to Western audiences while keeping its cultural authenticity. It contributes to discussions on literary translation and cultural preservation, emphasizing the need for more complex, culturally aware approaches in translating works across diverse linguistic and cultural landscapes. This study provides insights to inform future translation efforts and cross-cultural literary studies, addressing the difficult balance between reader accessibility and cultural integrity in literary translation.

Scapegoating Queerness: Associating Egyptian LGBTQIA Advocacy to Western Conspiracy as a Strategy for Aborting Democratization

Focusing on Egypt as a case study, this paper juxtaposes Mubarak and al-Sisi’s anti-queer measures in order to delineate their discursive strategy in framing collective victimhood vis-à-vis Western-sponsored gender activism in an attempt to overshadow the Muslim Brotherhood’s political visibility and reverse the liberal gains of the January 25 Revolution, respectively. This study argues that both presidents’ anti-queer discourse succeeded to abort calls for democratization because of rulers’ capitalization on populist and religious-nationalist idioms in developing a collective victimhood frame as a defensive strategy against constructed threats. Building on the social movement theories’ framing approach, this study unpacks the state’s three-pronged collective victimhood frame by drawing on the revival of Western colonial heritage, sovereignty assertion, and cultural authenticity to validate a generalized repression against non-heteronormative identities and non-conforming sexual practices during the Queen Boat incident in May 2001 and following al-Sisi’s ascension to power from 2014 until 2024.

The Importance of Reconstructing Criminal Liability for Prostitution in the Reform of Criminal Law

The practice of prostitution is currently evolving rapidly, primarily driven by the dissemination of information through electronic media. The lack of comprehensive regulations regarding prostitution allows the law to contribute to the development of this phenomenon. Insufficient regulation has created a new legal culture among those involved in prostitution, which has widespread effects on society. One of the most severe consequences of the widespread practice of prostitution is the spread of sexually transmitted diseases, which can impact the health of both those directly involved and individuals nearby, such as the partners of sex workers. This research aims to analyze the regulation of prostitution in Indonesia's criminal law today. Through this analysis, the importance of reforming the law to comprehensively regulate prostitution in the future is highlighted. The method used in this research is legal research with a normative approach, utilizing secondary data obtained through literature review and examination of legislation. The analytical method applied is prescriptive analysis. The findings indicate that although some regional regulations have addressed prostitution practices, there is no national regulation that explicitly governs prostitution. Recommendations for the future include providing a clear definition of prostitution, criminalizing consumers or users of prostitution services, criminalizing sex workers, reformulating offenses for pimps, implementing a double track system for sanctions, increasing criminal penalties, and clarifying the formulation of offenses. Keywords: reconstruction, prostitution, criminal law.

Perceptions of Local and Traditional Government Leaders for Enhancing Community Development

Purpose: There are two key governance forms in Ghana, specifically traditional governance and democratic governance. Accelerating development in the local communities requires effective collaboration and the fusion of the two governances divide to harness the unique capabilities and opportunities embedded within each paradigm. The perceptions hold by local and traditional leaders about each other is fundamental to collaborative efforts. Such perceptions speak to the psychosocial, convictional and behaviour of local leaders. Methodology: This study through a field survey samples the views of two leadership divide about each other in terms of their ability to drive positive change in the community to drive accelerated community development. The study was conducted among three select districts specifically, the Accra Metropolis, Kumasi Metropolis and the Tamale Metropolis using key informant interviews, and focus group discussions to gather the data. The data was analysed using thematic analysis. Findings: The findings of the study indicated that there are shared perceptions of strengths of both systems of governance for developing local communities. The traditional leaders are seen to be strong on cultural legitimacy, moral authority, communication competence, and historical knowledge, all of which helps in social mobilization within the local communities. The local government leaders were found to exercise strength in the areas of access to money and resources, legal authority, and enforcement authority. Unique Contribution to Theory, Practice and Policy: We conclude that there are opportunities to harness each of these strengths such that a successful fusion of local and traditional systems of government will lead transformative leadership for sustainable local development.

Gjellestad introduction, background and historical framework

The spark that ignited this research project was the discovery of the Gjellestad ship in the autumn of 2018 by the Norwegian Institute for Cultural Heritage Research (NIKU). The surveying was initiated by Østfold County Council (ØCC) after a landowner planned to drain farmland (Figure 1). Archaeologists Lars Gustavsen and Erich Nau, both associated with NIKU, conducted the geophysical surveys that led to the uncovering of this amazing archaeological find. The discovery attracted massive international interest, partly because in this particular landscape in Østfold County no one had ever found any evidence to suggest that a ship could be hidden below the ground – this “ship” was considered something of an anomaly. In 2019 the Directorate for Cultural Heritage (Riksantikvaren) funded the verification project to investigate the degree of preservation of the ship anomaly using Ground Penetrating Radar (GPR), as well as to collect material for radiocarbon-dating of other features detected with the GPR. The Museum of Cultural History (MCH) at the University of Oslo led investigations of the ship anomaly, while ØCC led the remaining part of the surveying, mainly through trial trenching and sampling. MCH’s investigations showed that the ship’s state of preservation was poor, with the remaining wood both fragile and prone to attacks from soft rot bacteria, causing uncontrolled deterioration. On the advice of the cultural heritage authorities, the government decided to cover the full cost of the excavation of the ship burial. This excavation was conducted in 2020-21 under the leadership of archaeologist Christian Løchsen Rødsrud.

Temporal and Cultural Significance of the Nablus Clock Tower: An Architectural Analysis

The renowned clock tower of Nablus serves as a prominent testament to the city’s rich historical and cultural legacy. This article presents a structural analysis of the Nablus Clock Tower, examining its temporal and cultural importance within the broader regional context. By investigating its history, evolution, and functional role, the article draws on archival sources, historical documents, and architectural plans, tracing the tower’s journey from its inception to its contemporary state. The discussion not only explores Nablus’s historical background but also outlines the influences and events that culminated in the construction of the Clock Tower. The study further examines the clock tower’s practical role as a timekeeping structure, a communal gathering spot, and a symbol of urban development. Through comparisons with contemporaneous clock towers that share similar architectural characteristics, the research highlights the distinctive features that set the Nablus Clock Tower apart. The fusion of elaborate design elements and unique cultural elements, together with the innovative integration of the tower into its surrounding urban environment, has elevated the tower into both a distinguished object of public landmark and a pivotal point of cultural interaction. This examination ultimately illuminates the historical and architectural significance of the Nablus Clock Tower, emphasizing its profound cultural resonance. By sitting the tower within the broader temporal and cultural framework of the region, this work enriches the understanding of Nablus’s multifaceted heritage, providing new insights that enhance the appreciation of the city’s cultural layers across time.

Advocacy as a key institution of civil society: individual and social dimensions of legal assistance

The article analyzes the place and functions of advocacy as a key institution of a democratic state. The importance of advocacy in the context of ensuring legal protection, access to justice and implementation of the principles of the rule of law is investigated. The role of advocacy as an important element of the legal system and civil society is considered. The transformation of the legal profession’s functions from the basic provision of legal aid to an active participant in the formation of state legal policy, improvement of the legislative framework and development of legal culture is being monitored. The dualistic nature of advocacy, which has both individual and social significance, is emphasized. The importance of advocacy as a tool of public control in the sphere of justice, its contribution to ensuring a fair trial and strengthening the rule of law is highlighted. The correlation between the development of the legal profession and the level of democratization of society, compliance with the rule of law and protection of human rights is analyzed. The status of the right to professional legal assistance as a basic human right that ensures the realization of other rights and legitimate interests is substantiated. Emphasis is placed on the importance of developing effective mechanisms for the legal protection of citizens with the participation of the legal profession. The impact of European integration on the modernization of the legal profession in Ukraine and the need to harmonize it with European standards are considered. Modern problems and prospects for the development of the legal profession in the process of building the legal state are analyzed. The defining role of advocacy in harmonizing the interests of the individual, society and the state, its significance for democratic development and the establishment of the rule of law is summarized. The need for further modernization of the institute of advocacy in accordance with modern challenges is emphasized.

Digitized archives and research on the musical heritage of the Yellow River basin

ABSTRACT This study aims to analyse the possibility of digitizing the music heritage of the Yellow River basin. The digitization of the musical heritage of the Yellow River basin facilitates the preservation and advancement of the cultural legacy of the region, as well as ensuring accessibility to it for researchers, educators, and the public. This process is executed through online platforms and databases, thereby providing inclusive access to the cultural heritage. The investigation engaged a cohort of 50 experts specializing in archiving and digitization. Throughout the study, a comprehensive examination of the technical facets of the conversion of analogue recordings into digital formats was undertaken. Furthermore, the research encompassed an analysis of the experiential integration of digital music archives of the Yellow River basin into the educational processes of the China Conservatory of Music, achieved through a survey administered to the faculty members. The research identified technical challenges associated with the digital processing of analogue music recordings, encompassing issues related to noise (64 per cent) and distortions (44 per cent). Seventy percent of the respondents underscored the significant role of digital archives in research and educational projects. However, 44 per cent highlighted difficulties in integrating them into educational curricula.

Law, Culture and Language: Challenges in Legal Term Translation from the Perspective of Comparative Legal Culture

As a cross-cultural communication activity, legal translation inevitably involves law, culture and language. The accurate translation of legal terms plays a crucial role in facilitating the exchange between different legal cultures. Cultural factors, including language, legal systems, legal institutional structures and legal mindsets, have a major impact on legal translation. Failure to capture the discrepancies between different legal cultures causes errors in the translation of legal terms. To achieve optimal translation effects, translators not only need to possess a high level of language proficiency but also have a deep understanding of different legal systems and cultures. From the perspective of comparative legal culture, this paper analyzes how cultural factors influence the translation of legal terminology between Chinese and English and proposes corresponding translation strategies. When there are equivalent concepts in both the source and target legal systems, translators should employ corresponding legal equivalents in the translation. In cases where such equivalents are absent, translators may employ paraphrasing techniques or coin new terms to convey the intended meaning.

Tweeting for Influence: Analysing France and China’s Cultural Diplomacy on Social Media, a Mixed Methods Approach

Abstract How are states using cultural diplomacy on social media to expand their power? This research analyses over 67,000 tweets from the French and Chinese Ministries of Foreign Affairs (mfa s) as well as their respective state-sponsored cultural networks including Institut Français, Alliance Française, and the Confucius Institutes. Stephen Lukes’ three-dimensional power framework, where cultural authority legitimizes power over others, provides the study’s theoretical basis. In analysing the tweets, I employ a mixed methods approach including vader sentiment analysis, word frequency analysis, and thematic analysis. While both states aim to present their cultures as high-value cultures, the similarities end there. As a liberal democracy, France encourages open expression through its cultural institutions, including discourse critical of France. In contrast, China’s cultural diplomatic messaging is precisely controlled and speaks about China in invariably exalting terms. This study offers evidence that regime type has a powerful effect on cultural diplomatic messaging on social media.

Legal Culture and the Dynamics of Religious Interaction in Ritual Practices among Interfaith Marriage

Legal Culture and the Dynamics of Religious Interaction in Ritual Practices among Interfaith Marriage

Sustainable Clothing Practices amongst Maharashtra's Elderly Women: A Cultural Legacy of Resourcefulness and Environmental Respect

Abstract: In the vibrant tapestry of India's cultural heritage, the state of Maharashtra stands as a beacon of sustainable clothing traditions, proudly upheld by its golden-aged women. This research illuminates the timeless and inspiring practices of these women who have seamlessly integrated tradition, sustainability, and environmental consciousness into their way of life. This paper employs qualitative research, including unstructured interviews with senior citizen women from rural Solapur and Nasik districts of Maharashtra. It seeks to document and explore the timeless practices and ingenious techniques these women employ to repurpose and upcycle clothing. To amplify the relevance of these findings, extensive reviews of prior research and existing theories have been conducted. From heirloom Paithani saris to everyday Ilkal saris, the practice of passing down clothing to future generations is customary. Moreover, these women demonstrate a unique penchant for repurposing old garments, often dressing newborns in soft, hand-me-down clothes from older siblings or cousins. One notable practice is the art of crafting vibrant rugs and quilts, known as "Godhadi" in Marathi, by transforming old garments. These women also eschew buying pillows, instead recycling discarded fabrics into hand-stitched cushions. In the face of adversity, the Maharashtra women, particularly those from marginalized communities, have remained resilient, embodying principles of resourcefulness, creativity, and deep respect for the environment. They ingeniously salvaged old Ilkal saris by retaining the undamaged portions and skilfully piecing them together, creating the "Junaari" sari. In Marathi, 'Juni' signifies old, plus 'sari', aptly naming this distinctive creation. This research offers a unique insight into the sustainable clothing practices of Maharashtra's elderly women, showcasing their resourcefulness and respect for the environment. Their practices provide valuable lessons for a world increasingly concerned with sustainable fashion and consumption.

Decolonising Plant-Based Cultural Legacies in the Cultural Policies of the Global South

Abstract The promotion and preservation of cultural legacies, including botanical traditions, are integral components of national identity and development strategies in many countries, particularly in the Global South. However, the manner in which cultural policies address plant-based heritage is not only influenced by contemporary priorities but also deeply rooted in historical contexts, shaped by colonial legacies. A comparative reading of the cultural policies of India and Nigeria, this research investigates the impact of colonial history on plant-based cultural heritage policies in the Global South. The study pulls from the Postcolonial and Critical Heritage Studies frameworks, to argue that the formulation and implementation of cultural policies on botanical plant heritage have been greatly impacted by colonial legacies. The result is the disparities in conservation endeavours and relegation of autochthonous knowledge. By shedding light on the on-going effects of colonialism on cultural practices and environmental conservation in the Global South, this research offers insights for policymakers, culture and heritage practitioners, and scholars seeking to address the issues around colonial legacies in cultural heritage management. It also seeks to provoke discourses on equitable and sustainable approaches to plant-based heritage preservation.

Understanding the Meaning of “Aspeset”: Hermeneutical Approaches, Reading Practices and the Departure from Germany in Two Lea Goldberg Novels

Abstract This essay describes the departure from Europe, arguably the theme that unites Lea Goldberg’s three novels, in terms of the German tradition of Hermeneutics. I explore the various hermeneutical approaches in two of the novels, Mikhtavim Minesi’a Meduma and Avedot, and connect their metafictional and metacritical debates to the circumstances of their composition, publication and reception. While Mikhtavim Minesi’a Meduma employs a humanistic and universalist Weltliteratur perspective in order to downplay the emotions of bitter rejection from a beloved cultural home, Avedot contends with hermeneutical and philological questions ranging from authenticity and interpretation to the mystery of artistic creation. Avedot’s plot revolves around the philologist-poet protagonist’s quest for his own pseudo-ancient text, but ultimately raises questions about the spiritual nature of the creative process and whether or not this spiritual baggage can be relayed to an external reader, in political circumstances that accentuate the poet’s sense of alienation. The two novels, with their unstable form, provided Goldberg an opportunity not only to contemplate aesthetic questions, but also to psychologically process the tearing away from the cultural and intellectual legacy of Europe and in particular that of Germany.

Navigating policing and work-life balance in the South Pacific

ABSTRACT Policing in the South Pacific is influenced by a myriad of factors including cultural norms, historical legacies, socio-economic disparities, and geopolitical dynamics. Against this backdrop, law enforcement officers face multifaceted challenges in reconciling the demands of their profession with personal and familial obligations. This article discusses the challenges faced by police officers as they attempt to balance their professional and personal lives. Interviews were conducted with male (N = 50) and female (N = 50) constables from the Royal Solomon Islands Police Force (RSIPF) to gain insight into the challenges they face as RSIPF officers, the support available to them and the further resources they see as necessary to improve their work-life balance. Findings reveal a complex interplay of factors shaping officers’ work-life dynamics, including shift work schedules, high-pressure environments, community expectations, and the emotional toll of policing in small, tight-knit societies. It also highlights the significance of informal support networks, cultural values, and adaptive coping mechanisms in mediating the impact of work-related stressors on officers’ well-being. Notably, data suggest that RSIPF work-life balance, wellness and workplace structures are highly gendered. These findings offer insights that can inform the development of more effective support mechanisms and policies aimed at enhancing the holistic wellbeing of police officers. They further substantiate the need for greater formal support systems within the RSIPF to assist employees with managing their work-life balance.

The Pijao Indians in the Colombian Andes: a legacy for organizational democracy

Purpose The purpose of this paper is to present the organizational and managerial practices of the Pijaos community as a segmentary organization located in the Colombian Andes, providing a cultural legacy through the effective management of power and authority, while establishing a bridge to organizational democracy (OD). Design/methodology/approach A review of books, papers and historiographies was conducted to collect historical data on the Pijaos. Findings It was found that the social organization of the Pijaos was devoid of power ambitions and abuses of authority, thanks to characteristics inherent in their economic system, parenting style, socio-political structure and authority based on rotation of leaders rather than supreme delegation under an inheritance scheme. Originality/value Management literature has not considered the ancestral Amerindian communities of the southern continent to rescue their organizational practices and relate them to the new management trends, as organizational democracy, which not only operates based on flat structures but also considers the rotation of individuals holding positions of power.

Neoliberalism and legal culture: The path of least resistance is what makes rivers run crooked

This article examines the relationship between neoliberalism and legal culture in South Africa, focusing on how the neoliberal paradigm influences legal interpretation and the adjudication of socio-economic rights. It explores how neoliberalism, defined as the dominance of capitalist forces over weaker oppositional interests, permeates judicial decision-making, shaping how courts address issues of inequality and social justice. The article argues that neoliberalism, in prioritizing market interests, has contributed to a conservative legal inertia that prevents transformative legal outcomes. This dynamic has entrenched existing socio-economic disparities, especially as state power continues to serve the interests of capital, reinforcing apartheid-era economic structures. Despite the transformative potential embedded in South Africa's constitutional framework, the legal system remains constrained by what Karl Klare terms as professional sensibilities, codes, and values, many of which are influenced by neoliberalism. Drawing on theoretical insights of Karl Klare, the article calls for a rethinking of legal culture and a shift towards more relational, metaphorical approaches that challenge hegemonic narratives. Only by resisting these metanarratives can meaningful transformation be achieved in the pursuit of equality and justice.

From Exile to Belonging: The [re]construction of Identity in the Context of Forced Migration

Focusing on Syrian and Afghan refugees and asylum seekers in Spain and Greece, this study employs social identity theory and intergroup contact theory to examine the process of identity construction. Drawing from thirty-five semi-structured interviews, the study highlights how the positive distinctiveness of their homeland and community significantly shapes their sense of self-worth, despite having fled due to persecution. The study finds that Afghan and Syrian refugees alike demonstrate a close attachment to their natural heritage, while also assigning particular importance to the historical and cultural legacies of their native lands. This sense of homeland identity interlaces with a multifaceted self-representation, mirroring the intricate ties between the host and homeland. Three identity discourse patterns appear: persecuted identity, identity conciliation, and critical consciousness. The refugees' dual perception of their homeland, as both a failed and desired land, influences their perceived self-worth in interpersonal interactions, as well as their sense of integration within the host society.

Penerapan Metode Stable Diffusion Dengan Fine Tuning Untuk Pola Endek Bali

Endek Bali fabric is a cultural heritage of Bali renowned for its traditional decorative motifs, including floral, fauna, patra, and diamond patterns. Although rich in cultural value, artisans often face challenges in creating new designs that align with market trends while preserving cultural authenticity. Artificial Intelligence (AI) technology, particularly text-to-image generation models, offers a solution to this issue by streamlining the design process and enabling the exploration of new motifs. The Stable Diffusion model, introduced by Stability.AI in 2022 and open source, can be utilized to generate Endek Bali patterns through Fine Tuning techniques. Fine Tuning allows the model to be adapted to specific domains, enhancing its performance in generating textile patterns based on textual descriptions. This study aims to apply the Stable Diffusion model and Fine Tuning techniques to create new patterns and motifs. By using this model, it is hoped that innovative designs can be produced while maintaining the authenticity and local cultural values of Bali. The research demonstrates that the Fine-Tuned Stable Diffusion model is effective in creating Endek Bali patterns with high accuracy, as evaluated by Clip Similarity, with the highest scores achieved for Floral Patterns (92.43), followed by Decorative (free-form motifs) Floral (88.77), Decorative (free-form motifs) Geometric (87.94), and Decorative (free-form motifs) (85.79). These findings indicate the model’s flexibility and effectiveness in producing intricate textile designs, enabling designers and artisans to generate complex and innovative patterns solely from textual descriptions while preserving Bali’s cultural values.

Identity and Belonging in Na’ima B. Robert’s Boys vs Girls (2010)

This paper investigates Na’ima B Robert’s Boys vs Girls (2010), which relates the story of two children of a Pakistani-English family. It casts light on the impact of the parents’ Pakistani culture on their children, Farhana and Faraz, who are born in England, but inherited a cultural legacy, with which they have never established any direct contact. Accordingly, Robert’s novel deals with issues common in diasporic literature, namely, identity, alienation, and belonging. The paper examines their attempt to reconcile the two parts of their identity, Pakistani and English, and reduce the pernicious impacts of their feelings of alienation. While exploring the two children’s process of identity formation in Robert’s novel, we draw on scholars, such as Paul Gilroy, Stuart Hall, and Salman Rushdie, who, like Robert and the two main characters in this novel, face similar challenges in negotiating identity and expressing their sense of belonging. Further, we employ Avtar Brah’s analysis of the cultural constrains imposed on young Asian Muslims in educational institutes as we trace Farhana and Faraz’s endeavour to counter the stereotyped image of Muslims in the West while celebrating their Islamic culture at. Moreover, it depicts the parents’ concerns that their children’s espousal of their Islamic culture might negatively impact on their progress in the West. Depending on non-white feminists’ notions, namely Hazel Carby, the paper critiques white feminism which marginalises the needs and aspirations of non-white women residing in the west.