Institutional Authority Research Articles

Navigating power and impoliteness in criminal court discourse

Abstract This study uses an interactional pragmatic approach to examine impoliteness in Turkish High Criminal Court proceedings, offering an alternative perspective compared to the Anglo-American contexts typically explored in legal discourse research. Grounded in (Culpeper, Jonathan. 1996. Towards an anatomy of impoliteness. Journal of Pragmatics 25. 349–367.) impoliteness super strategies, the analysis draws from 45-min audio recordings of seven criminal trials, focusing on impoliteness during the examination-in-chief. The findings reveal a significant register clash, especially from a defendant who deviates from formal legal norms through misalignment, mock impoliteness, threats, and profanity. This disruption challenges courtroom decorum, affects power dynamics, and influences trial progression and interaction, underscoring the complex interplay between institutional authority and individual behavior, which shapes overall (im)politeness in the courtroom.

Students’ Challenges with Online Remote Teaching and Learning in South Africa

ABSTRACT Online remote teaching and learning strategies have become part of tertiary institutions worldwide. This knowledge delivery method became more profound during the COVID-19 era, forcing institutions to keep this method even after the COVID-19 pandemic. Most tertiary institutions in African countries, including South Africa, have also embraced online remote teaching and learning strategies. This study investigated the challenges of built environment tertiary students with online remote teaching and learning methods. A qualitative approach was adopted using open-ended interview questions to solicit the views of the built environment tertiary students regarding the challenges they experience with the online remote teaching and learning method. A thematic content analysis method was used to categorize the data into themes and sub-themes. The results show that students face several online remote teaching and learning challenges. These challenges were categorized into power, schedule, technology issues, lack of focus, communication, and cost-related issues. The tertiary institution authorities must address these challenges to ensure the sustainability of online remote learning and teaching as many students work and attend schools, thus relying on this method to acquire knowledge. The study used data from tertiary institutions in South Africa; hence, the findings may not be generalizable to other countries.

Research-Based Practices to Engage Youth in a Vibrant Catholic Church: The Case for Implementing Sacred Listening Practices

This article explores the theological and practical implications of Sacred Listening, a concept developed in response to the Synod on Synodality initiated by Pope Francis. The Synod emphasizes the church’s call to a more relational and participatory ecclesial life, rooted in listening, dialogue, and accompaniment. Sacred Listening is proposed as a theologically grounded practice designed to rebuild trust and foster deeper connections within the faith community, particularly in a low-trust environment. Drawing on the theological principles of Imago Dei, as well as contemporary social science research, the article presents Sacred Listening as a means to move beyond traditional modes of institutional authority toward relational trust and authentic engagement. The article further introduces practical tools that operationalize these principles, providing concrete strategies for religious leaders to engage with their communities more effectively. This work contributes to the ongoing theological discourse on synodality and offers a framework for creating a more inclusive and responsive church in today’s complex social landscape.

Disrupting the Reproductive Lives of Japanese American Families During Wartime: The Overlapping Histories of Removal, Incarceration, and Eugenic Sterilization, 1942–1946

The World War II mass incarceration of 120,000 Japanese Americans disrupted families, enacted intergenerational trauma, and characterized Japanese Americans as inherent racial threats. This federal exercise in biopolitical management intersected with state-sponsored eugenic sterilization in California institutions. Linking War Relocation Authority and California Department of Institutions records, we document 32 Japanese American sterilization survivors during the wartime incarceration period (1942–1946). We show how federal and state authority converged to deprive Japanese Americans of civil rights and reproductive liberty. We add original research and analysis to the intertwined histories of Japanese American incarceration, eugenics, and family in the United States.

Bioarchaeological Approaches to African Diasporas in the Twenty-First Century: Intercontinental and Global Legacies of Displacement

ABSTRACT Bioarchaeological research offers a window into health and life experiences in the past, including the biocultural dimensions of social identities and structural inequalities experienced by enslaved and free Afro-descendants across the African diaspora. Given the long history of descendant communities and advocates contesting the authority of institutions to curate human remains in perpetuity, critical dialogues over the past several decades have stimulated new directions in the discipline of African diaspora bioarchaeology alongside increased engagement with Black scholarship and community and client-based collaborations. We build upon previous discussions and critiques to examine the current state of African diaspora bioarchaeology in global context in the early decades of the twenty-first century. We present a macro-level, chronological examination of published African diaspora and colonial African bioarchaeological research by region between 2001 and 2023 and conclude with a discussion of the current state of practices and engagement in the field and ethics of care.

Negotiated Federalism: Intergovernmental Relations on the Maritime Frontier, 1789–1815

Abstract: The U.S. Constitution was designed to produce a profound alteration in the structure of the American federal polity by giving the U.S. government the power to raise its own money and enforce its own laws within the states. But when federal officials began to implement the new constitutional order across the union in 1789, they realized that this process required the participation and consent of state governments, whose legislation, investment, and manpower were needed to allow federal laws to take effect. Because of the power that state governments continued to wield, the successful institution of federal authority within the states relied on intergovernmental negotiation. The Atlantic port cities presented a crucial test case for this negotiated federalism, as the federal government sought to exercise power in spaces where state authority was already entrenched. In the course of setting up the customs and lighthouse services, rebuilding coastal fortifications, and enforcing neutrality and embargo regulations, early federal officials encountered the limits of federal power within the states, and developed intergovernmental negotiation strategies that allowed them to execute federal law in the ports. This negotiated federalism would become fundamental to the governance of the American union.

Adapting law enforcement agencies to new security challenges in Nepal

In today's complex security landscape, the focus on maintaining a robust military-like discipline among paramilitary and the security forces have overshadowed the traditional roles of having enforced the law through authority institutions. These agencies have been tasked with mitigating various dynamic security threats. Contemporary security perspectives are increasingly shaped by challenges such as terrorism, migration, armed conflicts, and the activities of non-state entities, which are prevalent across nations. The rise in extremism, armed conflicts, insurgencies, civil wars, cyber threats, and actions by non-state actors pose significant challenges, impacting the efficiency and effectiveness of law enforcement bodies. This study employs a descriptive research approach and secondary sources to analyze modern security dynamics and the roles of law enforcement agencies in addressing these challenges. It aims to offer future-oriented strategies for both domestic and international security agencies amidst evolving global security concerns.

Rethinking the “Conspiracy Crisis”: Use and Misuse of “Conspiracy Theory” Labels After Covid‐19

Against the backdrop of the Covid-19 pandemic, this article undertakes a critical evaluation of a series of shortcomings of the view of conspiracy theories that is predominant among scholars and the general public. Reviewing numerous studies on the topic, we critically assess: (a) how justified the claim is that we are in a conspiracy-thinking emergency, (b) how the label of conspiracy theorist can be weaponized to delegitimize heterodox views, and (c) the practical consequences, for academic research and the well-functioning of democracies, of unpopular ideas being labeled as conspiratorial. The empirical sources reviewed here suggest that beliefs in conspiracy theories have not increased over time and are less consequential than commonly believed, even in times of a global pandemic. Instead, the concept of conspiracy theory has become more prevalent and its derogatory connotation evokes a stigma that tilts the democratic playing field against dissenting viewpoints. The stigmatization and political leveraging of this notion, we argue, lead to biases not only in the public discussion on various sensitive topics but also in the academic literature on conspiracy theories themselves. We analyze these academic blind spots in light of the diminishing political diversity in academia and recent perspectives on scientific censorship. We propose to complement the research on conspiracy theorists with an analysis of individuals at the opposite end of the spectrum, who are inclined to systematically trust institutional authorities and are highly prejudiced against heterodox opinions. Proposed solutions include promoting balanced news coverage, fostering critical thinking through debates, and piercing information bubbles to provide access to diverse perspectives.

Can Faith be the Key to Environmental Stewardship and Sustainable Development in Nigeria?

Nigeria confronts a dual challenge: pressing environmental degradation and the urgent need for sustainable development. This research explores the underutilized potential of religious institutions, a powerful force in Nigerian society, to champion environmental responsibility. Utilizing Social Ecology theory, the study examines the current engagement of religious bodies through interviews and a targeted survey of 390 participants. The findings reveal a critical need for collaboration between religious institutions, government, and civil society. Overcoming identified barriers is essential for progress. A significant portion (72%) of respondents highlighted a lack of environmental awareness within their communities, while nearly half (46.5%) cited insufficient government support and funding as roadblocks. This study proposes a novel approach: leveraging the moral authority and extensive community networks of religious institutions. The research underscores that there is need for urgent unified action. The paper argues that by addressing environmental challenges through collaborative efforts, religious institutions, government, and civil society can secure a sustainable future for all Nigerians. This study offers a beacon of hope, suggesting that faith-based solutions can be a powerful force for positive environmental change in Nigeria and even to third world nations that are grappling with this challenging phenomenon.

Legislative Ratio of Strengthening State Cyber and Cryptography Agencies in Law Enforcement: A Perspective of Legal System Theory

This research aims to address cyber threats and crimes in Indonesia. Currently, the responsibility for the implementation of cyber security tasks and functions is handled by the State Cyber and Cryptography Agency (BSSN). This situation makes it very difficult for BSSN to operate if its duties, functions, and authorities in cybercrime law enforcement are only regulated through a Presidential Regulation. This study uses a normative juridical method with a legislative approach that examines norms related to the authority of investigative institutions in law enforcement against cyber crimes. These findings highlight that there were 24.6 million cyberattacks recorded from January 1 to September 7, 2022, which caused losses to the community. The existence of BSSN was formed by the President through Presidential Regulation Number 28 of 2021 concerning the State Cyber and Cryptography Agency in carrying out its duties and authority to overcome cybercrime in the face of obstacles. This requires a comprehensive legal due diligence strategy that can be adjusted to legal compliance and potential legal problems of cybercrime. The results of the study show that to ensure security, justice, and legal certainty in the enforcement of cybercrime law can be carried out properly, it is necessary to have special laws and regulations that regulate cybercrime, with the existence of institutions that will implement laws and regulations in special law enforcement to deal with cybercrime, by containing legal compliance based on the applicable national legal system.

Development and Application of a Liquid Chromatography-Tandem Mass Spectrometry Method for the Analysis of 20 Perfluoroalkyl Substances in Fruit and Vegetables at Sub-Parts-per-Trillion Levels.

In response to the European Food Safety Authority's establishment of a tolerable weekly intake (TWI) for the sum of PFOA, PFNA, PFHxS, and PFOS, a method was developed to quantify and confirm 20 PFASs at the sub-parts-per-trillion level in fruit and vegetables. Improved sensitivity was achieved by (i) increasing the sample intake, (ii) decreasing the solvent volume in the final extract, and (iii) using a highly sensitive mass spectrometer. Except for PFTrDA, target PFASs could be quantitatively determined with an apparent recovery of 90-119%, limits of quantitation down to 0.5 ng/kg, and a relative standard deviation under within-laboratory reproducibility conditions of <28%. The method was successfully applied to 215 fruit and vegetable samples obtained from local grocery stores and markets. Leafy vegetables prove to be the main vegetable category responsible to PFAS exposure, mainly of PFOA, followed by PFHpA and PFHxA.

Talking across worlds: The ontological turn and communication in natural resource co-management with Indigenous communities

The ontological turn in critical social theory provokes emerging calls for new approaches to natural resource management where Indigenous perspectives, worldview, knowledges, and values are prioritized in the stewardship of Indigenous lands. Yet, scant literature focuses on the ontological implications for communication within environmental decision-making, where Habermas’ communicative action theory, with its norms of privileging argumentation, formality, expertise, institutional authority, rationality, and language, continues to shape spaces of public participation since the communicative turn in the 1990s. Growing calls for participatory decision-making, as well as the mounting failures of scientific management approaches espoused by conventional natural resource management, have fuelled the rise of co-management since the 1980s. The emerging emphasis in co-management approaches on community collaboration and meaningful communication was strengthened with the emergence of adaptive co-management and adaptive governance in the early 2000s. Yet, the ontological turn unveils communicative tensions which continue to persist, rooted in ontological difference and onto-epistemic violence. Rethinking communication under the ontological turn in co-management with Indigenous communities, this paper reviews the literature and further proposes the idea of ethical equivocation as a communicative tool and starting point toward learning to talk across worlds.

Painful Subjects, Desiring Relief: Experiencing and Governing Pain in a Medical Cannabis Program.

Cannabis can provide patients benefits for pain and symptom management, improve their functionality, and enhance their well-being. Yet restrictive medical cannabis programs can limit these potential benefits. This article draws on four years of research into Minnesota's medical cannabis program-one of the most restrictive in the United States-including in-depth interviews with patients and a survey of health care professionals. Drawing on the new materialist concepts of Deleuze and Guattari, this article analyzes (a) the benefits patients in Minnesota's medical cannabis program derive from cannabis, (b) how program restrictions mediate access to cannabis and its derived benefits, and (c) some key ways in which medical and criminal justice institutional authorities are reconfigured around medical cannabis. I show how the imperative to authoritatively govern "dangerous drugs" persists in consequential ways as the War on Drugs shifts toward a medicalized, criminalized, and commercial-legalized mixed regime.

What is important in forensic psychiatric evaluation in people with Down syndrome? A sample from Türkiye

PurposeDown syndrome is one of the common genetic causes of intellectual disability. Adult with Down syndrome may have many psychiatric comorbidities. Therefore, their mental health status should be considered in legal proceedings such as criminal responsibility and legal capacity where they are involved. This study aims to highlight that individuals with Down syndrome are often referred directly to forensic psychiatry without undergoing an interview, despite the fact that this is a group with varied mental statuses.Design/methodology/approachThis study analysed the socio-demographic, clinical and forensic characteristics of eight adult individuals with Down syndrome for whom the Council of Forensic Medicine (CFM) requested an opinion on criminal liability and other legal situations between 2018 and 2022. The CFM is an authoritative institution to which cases from all areas of Türkiye are referred.FindingsThe mean age of the individuals with Down syndrome for whom a forensic psychiatric opinion was requested was 24.63 (±7.95) and the mean IQ level was 54.13 (±13.38). All cases were male, 6 / 8 were referred for assessment of criminal responsibility and 4 / 6 of those referred for assessment of criminal responsibility were referred for sexual offences. It was found that 5 / 8 of the cases had moderate intellectual disability and 3 / 8 of the cases had mild intellectual disability.Research limitations/implicationsRegarding the limitations of this study, the first one is the small sample size. Nevertheless, due to the low prevalence of people with Down syndrome in society, it is plausible that their stigmatization may not be reflected in the judicial system, even in cases involving violent behaviour. The second limitation is that the reports lack all psychiatric medical documents, including forensic psychiatric evaluations of individuals with Down syndrome. Additionally, additional diseases were recorded based on familial anamnesis. The third limitation is that this study is the first publication to investigate Down syndrome from a forensic psychiatric perspective. Thus, there is a lack of literature to make direct comparisons and references in the discussion section.Social implicationsThis is the first study about forensic psychiatric aspects for people with Down syndrome. The aim of this study was to examine the forensic psychiatric approach in Down syndrome, one of the most common genetic causes of intellectual disability, the situations in which forensic psychiatric assessment is required and the issues that might be considered important in this regard. Although there are various publications in the literature on the psychiatric conditions of individuals with Down syndrome, to our knowledge, this is the first study to evaluate individuals with Down syndrome in terms of forensic psychiatric evaluation. People with Down syndrome are known to have varying degrees of intellectual disability and different types of psychiatric comorbidity.Originality/valuePeople with Down syndrome are a heterogeneous group in terms of intellectual disability. The criminal responsibility and legal capacity of individuals may vary according to the legal situation. When requesting forensic psychiatric evaluation of these patients with psychiatric co-morbidity, patients should not be prejudged in terms of their level of mental competence and each case should be assessed individually.

Perceptions of Stakeholders and the Way Forward to Implementing the Family Adoption Programme in Medical Education: A Study From Assam, India.

Background The Family Adoption Programme (FAP) has been introduced under the competency-based medical education curriculum wherein each medical student adopts families. Theobjective of this study was to determine the stakeholders' perspective and to suggest measures to make it relevant for Indian medical graduates. Methodology A mixed-method study was conducted among the faculty, undergraduate students, and community using prestructured, validated instruments. The quantitative data were entered into Microsoft Excel (Microsoft Corp., Redmond, WA) and analysed, while the qualitative data were coded and analysed thematically. Results All faculty members (12, 100%), the majority of students (49, 44.30%), and the community members strongly agreed that the policy decision to introduce the FAP was 'right'.The benefits mentioned were that FAP helps improve knowledge, psychomotor skills, attitudes and communication, attitude and behaviour skills, understanding of the social structures, health status of the community, and health-seeking behaviour of the families and provides an appropriate early clinical exposure. The challenges mentioned were selecting a site, gaining cooperation from family, communication, arrangement of logistics and transportation, gettingsupport from teachers, difficulties in managing students in the community and coordinating among faculty, staff and students. Most faculty members recommended that the FAP should be started later in the curriculum and there should be restrictions on the number of families to be adopted. The students suggested that adequate logistics be provided as well as a reduction in the number of family visits. Conclusion The programme has been welcomed by most stakeholders. It requires the necessary support from the institution authorities, prior planning of visits, judicious utilization of social media, and coordination with government field-level health workers e.g. Accreditated Social Health Activists (ASHA).A comprehensive program evaluation and formulation of a standard operating module will further strengthen the programme.

Audit Opinion And Sharia Compliance In Increasing Trust In Zakat Baznas Padang Panjang

The purpose of this research is to determine audit opinion and sharia compliance in increasing trust in zakat in Baznas Padang Panjang City. Type of qualitative research, phenomenological approach method. Baznas Research Location Padang Panjang City. The results of research on audit opinion and sharia compliance are complementary audit instruments. Sharia compliance audits complement conventional financial audits, so that the picture of Baznas' financial performance reports is more comprehensive. So that Baznas is worthy of being an authority institution in carrying out zakat management professionally and with integrity in zakat management, realizing a commitment to transparency, increasing the value of accountability as a manager of zakat funds and finally building a positive reputation and image in society. Public trust is the main factor in increasing zakat receipts at Baznas. A positive audit opinion and sharia compliance predicate is a combination of instruments that contribute to increasing Baznas zakat receipts. The research is implemented in providing recommendations to zakat management institutions that have not carried out audit activities to start implementing them. Audits help zakat institutions in building public recognition and trust.

KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA

Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.

The Influence of Gender and Intellectual Ability on Students Perception of Econmics Teachers Effectiveness in Higher Education

Researchers have argued that student’s rating of teachers’ effectiveness is not a valid measure because it is influenced by a host of factors. The purpose of the study was to determine whether students’ gender and intellectual ability significantly influenced their perceptions of teachers’ effectiveness in a university setting. The Cross-sectional survey research design was employed through the use of students’ rating of teacher effectiveness questionnaire to collect the data. A total of 485 students, sampled from four Public Universities in Ghana participated in the study. The data were processed using SPSS software, version 20 and analysed using independent sample t-test. The results suggest that gender and intellectual ability did not influence students’ perception of Economics teachers’ effectiveness. The results have implications for authorities of Higher Education Institutions including School Administrators, teachers, and policymakers, as they assure and further guide efforts to improve upon students rating of teacher effectiveness. The study recommends that future research should consider the influence of the classroom physical environment on students’ perception of teachers’ effectiveness.

Perlindungan Konstitusional State Auxiliary Agencies Berbasis Independent Regulatory Agencies (IRAS) Guna Mewujudkan Kredibilitas Pelayanan Negara Secara Demokratis Dalam Perspektif Check And Balances

This article will discuss the concept of Independent Regulatory Agencies (IRAs) as an alternative to constitutional protection for c in Indonesia. State auxiliary agencies are state institutions that are formed and have authority based on other laws and regulations. In Indonesia, state auxiliary agencies are not regulated in a legal basis, so it is still unclear about their position in the constitution. Apart from that, there is still uncertainty regarding the independence of state auxiliary agencies which causes the authority of these state institutions to be limited. This study is a qualitative legal research. Data collection techniques using literature study. The type of data used is secondary data derived from data sources of laws and regulations, articles, and journals. The research method used is a normative juridical approach. Data analysis techniques use descriptive analysis specificatios. This research finds that state auxiliary agencies in Indonesia were formed on the basis of other laws or are said to be not state institutions that have the authority mandated by the 1945 Constitution. Unlike in the United States and Europe, state auxiliary agencies are legally guaranteed by laws and regulations and are even stated explicitly and limitively. Independence and self regulatory are two important elements in IRAs. This study recommends the concept of IRAs as an idea for improving the arrangement of state auxiliary agencies in Indonesia so as to create effective democratic state services. Some of the models that can be applied include; minimizing the authority of the DPR in selecting leaders of state auxiliary agencies, granting independent authority and affirming non-partisan provisions.

SIMPLIFICATION OF TRADEMARK DISPUTE RESOLUTION BETWEEN STATE ADMINISTRATIVE COURTS AND COMMERCIAL COURTS IN ACHIEVING JUSTICE

&lt;table border="0" cellspacing="0" cellpadding="0"&gt;&lt;tbody&gt;&lt;tr&gt;&lt;td valign="top" width="388"&gt;&lt;p class="TableParagraph"&gt;&lt;em&gt;Trademarks are valuable assets for businesses that are legally protected, yet trademark disputes involving various parties often occur. The settlement of trademark disputes in Indonesia involves two different judicial institutions, namely the State Administrative Court (PTUN) and the Commercial Court, which have the potential to cause disparities in decisions, necessitating simplification efforts to achieve legal certainty and justice. The purpose of this study is to identify the problems that arise in the settlement of trademark disputes between the PTUN and the Commercial Court that hinder the realization of legal certainty and justice, as well as to formulate simplification efforts that can be carried out to achieve legal certainty and justice in the settlement of these trademark disputes. This research uses a normative legal research method with a statutory and conceptual approach, as well as using primary, secondary, and tertiary legal materials collected through literature and document studies. The data analysis technique used is a qualitative analysis of the legal materials obtained systematically and logically to answer the problem formulation and produce recommendations for simplifying dispute resolution. The research results explain that the main problem in the settlement of trademark disputes between the PTUN and the Commercial Court that hinders the realization of legal certainty and justice is the potential for different or contradictory decisions from the two judicial institutions in the same trademark case. This is due to the unclear division of authority, as well as the absence of clear rules regarding the authority of each judicial institution in handling trademark disputes. To achieve legal certainty and justice, efforts that can be made include revising the Trademark Law to clarify the authority of the judicial institutions, regulating alternative dispute resolution mechanisms, increasing coordination and synergy between relevant institutions, increasing the capacity of judges, and establishing an independent and integrated special trademark court.&lt;/em&gt;&lt;em&gt;&lt;/em&gt;&lt;/p&gt;&lt;/td&gt;&lt;/tr&gt;&lt;/tbody&gt;&lt;/table&gt;