Aurora Levins Morales, the author of the poem Child of the Americas, was born of Puerto Rican mother and a Jewish father in Indiera, Puerto Rico. She later relocated to the United States: New Hampshire and Chicago.
Currently, she hails from San Francisco alongside her family. In Child of Americas, she draws tremendously from her diverse cultural identities to address the need for an integrated culture among the Americans by advocating that all Americans, including herself, come from different and mixed-up cultural identities, which while assimilated together, make up a single culture.
This single culture is identifiable as American culture. She, therefore, considers herself as a child of the Americans rather than just Puerto Rican. Based on a detailed interpretation of her works, the inference that the majority of her writings including the Poem Child of the Americas borrow significantly from her childhood memoirs and racial identities holds.
Interpretation of the Poem
People possessing mixed identities always struggle to establish their real cultural identity. The struggle is even worse in the world, which does not create equal acceptance of millions of people belonging to a myriad of races, nations or varying cultural backgrounds. Aurora is perhaps one of such people. In the poem Child of the Americas, Aurora uses “child of America’ as a sign to explain her exposure to the American culture.
She ends up being part of it. She voices out how others tag them the name ‘US Puerto Rican Jews’: Something that makes them whole. History immensely contributes to what she is. She learned to speak Spanglish as her first language. Although it was not their choice to be what they are, other people have stereotyped them as not part of the American culture by their race. However, they are, in the real sense.
The author emphasizes the problem of ethnicity that has persisted amongst some of the American people, even to date. She claims in the poem that she is “Caribena Island grown. Spanish in my flesh ripples from my tongue, lodges in my hip” (Barnet, Burto & Cain, 2008, p.1108).
Ripples and lodges act as symbols that emphasize on her physical bodily appearance. Racial differentiation bases itself on physical features such as the shape of the face, skin color, and eye color amongst others. Some of these features happen to encompass the reason as to why the author comments, “I speak from that body” (Barnet, Burto & Cain, 2008, p.1108).
This means that she has no absolute ability to control her physical appearance. All she can do is to appreciate the way she looks, as “…rooted in the history of my continent” (Barnet, Burto & Cain, 2008, p.1108). It is not by coincidence that the author mentions the problem of ethnicity. This problem has existed in America for a long time to the level of according lesser rights to some races, for instance, the blacks, to the whites.
To the whites, the blacks are more of slaves subjected to follow the authority from their masters: whites. She bears some stereotypical associations of her race to ghettos or instead areas of living standards by saying that “I am a US Puerto Rican Jew, a product of the ghettos of New York I have never known” (Barnet, Burto & Cain, 2008, pp.1107).
The phrase, “am not an African Africa is in me” (Barnet, Burto & Cain, 2008, pp.1108) recognizes the fact that, although the Africans went to America as slaves, with the immense struggles and contributions of envisioned people, the Native Americans appreciated their rights. As a result, the legally African emigrants qualified as Americans. Although they have since then changed the better part of their culture, Africa remains at the bottom of their hearts since they always have something in common to associate with Africa.
In her poem, Child of the Americas, Aurora says that she is a crossroad of many Diasporas. The word Diaspora refers to a wide range scattering, typically applied to mean displacement of Jews from Israel to Babylon in 16th-century B.CE. In this context, she uses the word Diaspora to say that she comes from people who have widely spread out.
She further adds that she is neither an African nor Latino. She is thus a child of mixed identities: a fact used in the definition of her poem: Child of Americas. To her and her mother, cultural diversity does not amount to anything about which one should worry so much. This source of power makes her universal, as a home can exist in any place.
Aurora says in her poem that she is “an immigrant…the daughter, and granddaughter of immigrants” (Barnet, Burto & Cain, 2008, p.1108). She has also learned to speak English unconsciously. She uses it to express herself on daily routines. Since language is part of people’s culture, she attempts to argue based on how she has all rights for consideration, as part of an American culture irrespective of her decedent’s cultural background and or race.
She sees the fact that she is an immigrant or a decedent of immigrants as an identity that makes her an American. This premise tends to hold for all Americans, apart from the natives. America is what it is today due to the presence of immigrants since it is from these immigrants that the founding fathers of America came. America is a hot pot of cultural diversities. Therefore, Aurora seeks to highlight the cultural and racial diversities in her poem.
The metaphor, “I am not African, Africa is in me….Spanish is my flesh, am not European; Europe lives in me” (Barnet, Burto & Cain, 2008, p.1108) gives indirect evidence that the American culture is a product of many cultures. Europeans formed the first wave to arrive in
America in search of freedom for worship, oppression, economic and other critical opportunities that they perceived as difficult when it came to securing ample access back in Europe. The phrase, “Spanish is my flesh” (Barnet, Burto & Cain, 2008, p.1108), acknowledges the fact that American and Spanish people intermingled sharing essential elements of their cultures including food, traditions, and religion. Therefore, even the Latin’s who are immensely proud of their roots are also equally included among the American community.
She further asserts in the poem that “I was born in the crossroads and I am whole” (Barnet, Burto & Cain, 2008, p.1108). This emphasis that she is a child of crossroads further amplifies her belief that there exists no typical or rather a standard American figure, as every American is a byproduct of a melting pot of cultural diversities. American culture is, therefore, a mixture of diverse cultural heritages and influences.
Upon selecting a person coupled randomly with tracking down of his or her history, it becomes evident that his or her first association with America does not exist. The bottom line is that every person in America today was born at a crossroad. This fact is what makes America whole and united the way it is today. The awareness of the existence of cultural diversities among Americans makes American people Americans.
Scrutiny of the poem calls upon the reader to deploy imagination, as a stylistic device for interpreting it in his/her endeavor to unveil its meaning. As discussed in the paper, the author presents her message in the form of symbols. Otherwise, poetry fanatic can declare Aurora’s poem an informative piece of masterwork.
Reference
Barnet, S., Burto, W., Cain, W. (2008). Literature for Composition: Essays, Fiction, Poetry, And Drama, (9th Ed): Aurora Levins Morales: Child of the Americas. Harlow: Longman Publishers.
The term “treaty” has regularly been used as a generic term to refer to all instruments binding at international law concluded between international agencies. This has been confirmed at both the 1969 Vienna Convention and the 1986 Vienna Convention. According to the 1969 Vienna Convention a treaty can be defined as “an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation”. The 1986 Vienna Convention has expanded this definition to include international agreements involving international organizations as parties. Since 1946, there has been a large number of treaties being signed partly as a result of the expansion of the international community and partly due to the refashioning of important topics of general international law in treaty form, under the UN auspices (Roseanne and Nijhoff, 28).
According to the 1969 Vienna Convention, treaties are a source of international law and they must be seen as a means of establishing peace between nations. A treaty must have the following criteria: it must be a binding instrument – implying that the parties signing it intend to create legal rights and duties; the instrument must be concluded by states or international organizations with treaty-making power; thirdly, it must be governed by international law and finally, the treaty has to be concluded in writing. Thirdly, it has to be governed by international law. Finally, the engagement has to be in writing. The importance of the content, the frequent changes in the personnel of the agencies through which treaties are concluded and the inability to confirm by witness the utterances of a state make it very important for treaties to be carefully expressed in writing (Crandall, 3). Moreover, it must be ensured that they are signed through free consent and in good faith and by persons representing the State. A treaty that is signed by a person who is not authorized to represent the state for that purpose is considered invalid till it is confirmed by that State (Article 8). The adoption of the treaty takes place with the consent of all the States participating in its drawing it is accepted at an international conference by two-thirds majority votes.
Interpretation of Treaties
The rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties is applied to virtually all treaties concluded in an international context and within national legal systems where treaties do have an impact. According to the rules of interpretation laid down in international law, the correct meaning of a treaty does not correspond to its literary meaning but rather to the “intention of the parties” (Linderfalk, 30). There are three features of treaties to be noticed before attempting to interpret them: Treaties are often an expression of multiple utterances and give voice to utterances from each and every individual Secondly, treaties often deal with several layers of information depending on the intentions of the parties. Thirdly, treaties are not the only expression of multiple utterances; these utterances could also be of different content depending on the negotiating states (Linderfalk, 32).
Articles 31, 32, and 33 of the 1969 Vienna Convention deal with the interpretation of Treaties. According to these articles, a treaty can be interpreted in good faith according to the direct meaning given to the terms of the treaty in the context of its objective and purpose. The context for the purpose of interpretation includes the preamble and annexes of the treaty as well. Moreover, subsequent agreements between the parties concerned and relevant rules of international law shall be taken into consideration. However, depending upon the parties’ intent, a special meaning can be given to a term. A basic rule of interpretation, expressed in Article 32 of the Vienna Convention on the law of Treaties is that it must not leave the meaning ambiguous or obscure or lead to a result that is manifestly absurd or unreasonable. In such cases when the meaning is ambiguous, the preparatory work of the treaty and the circumstances under which it was drafted may be included in the interpretation. In the case of the reinterpretation of the Anti-Ballistic Missile Treaty (ABM Treaty) between the United States and the Soviet Union in 1985, President Reagan asserted the Executive would be empowered to read the ABM Treaty and allow technological work to develop missile defense systems. There was huge opposition to the empowerment of the Executive. However, the ultimate success of the executive reinterpretation of the treaty was mostly due to the inherent presence of ambiguous terms (Sullivan, 800). Article 33 says that when the treaty is authenticated in two or more languages, the text is considered to be equally powerful in each language unless specified otherwise. The terms of the treaty are interpreted in the same way in the different languages unless there is a difference in meaning despite including context, in which case, the best meaning that suits the objective of the treaty is taken as the right one.
Validity of Treaties: Article 42 -53
Samuel B. Crandall says that for treaties to be valid, it is important that the contracting parties have power over the subject matter, that consent is reciprocally and regularly given, and that the object of the treaty is possible and lawful under the accepted principles of international law (Crandall, 2). Christopher C. Joyner lists three conditions for a treaty to be considered valid: The parties to an agreement must be capable of contracting legal instruments. For example, while fully sovereign states such as the United States, Canada, and France have that power, California, Saskatchewan, and Burgundy may not. Secondly, the validity of an international document depends on the authority granted to the agents entrusted with the negotiation. They can only be people who are authorized to negotiate on behalf of the government. The third element of validity is freedom of consent (Joyner, 115). The Vienna Convention stipulates five grounds on which the validity of an agreement may be challenged and they are: non-compliance with national law requirements; error; fraud and corruption; coercion; and jus cogens (Wallace, 267) where jus cogens refer to peremptory norms of international law.
Article 42 states that the validity of a treaty holds true till it is voted out in the Convention. Its termination or denunciation may take place only through the provisions of the treaty itself or through the Convention. The invalidity of a treaty or its termination will not interfere with the obligations of the State that it otherwise holds under international law (Article 33). A party may withdraw from the treaty only with respect to the whole treaty unless otherwise specified in the treaty or mutually agreed by the parties. If any party withdraws only from certain clauses, those clauses must be independent of the remaining clauses in the treaty and must not be affecting the whole treaty. However, the parties cannot ask for invalidation or termination of, or withdrawal from a treaty if it has been agreed as part of the treaty that it is valid and will continue to be implemented.
The invalidity of Treaties: A State can conclude treaties only if it is in violation concerning an internal law of fundamental importance (Article 46). If there is a mistake in the treaty a State may say that it is invalid only if the error is related to a basic assumption made by the State while signing the treaty. All other errors will not invalidate a treaty (Article 48). In case of a State being forced to sign the treaty by fraudulent means or through threat, then, the State may invoke the fraud as invalidating its consent to the treaty (Article 49, Article 51). If the signature of the signing authority has been obtained through corruption directly or indirectly, the State may invoke such corruption as invalidating its consent (Article 50). A treaty also becomes void when it was concluded as a result of threat or use of force, violating the principles of the UN Charter (Article 52). A treaty is nullified when at the time of its conclusion it conflicts with the peremptory norms of international law (Article 53) (Slomanson, 2006).
Termination of Treaties: Articles 54-64
Treaties can become extinct when “their time limit expires or when in the course of their existence, they are unable to perform the specific purpose of the contract or are superseded by a subsequent agreement’s entry into force” (Joyner, 116). Treaties may be dissolved by mutual consent, express renunciation by a party, or a denunciation or withdrawal by notice in accordance with terms of the instrument. The most obvious way to terminate a treaty is when the agreements contain specific terms for the termination in their provisions. Sometimes treaties may be ended through the explicit or tacit agreement of the parties involved in the treaty. Governments can end a treaty by implication, that is by concluding a new agreement the provisions of which replace those in the former document. Moreover, non-compliance by all parties to an agreement will legally render the instrument a dead letter.
A treaty may be terminated if it is in accordance with the provisions of the treaty or by the consent of all the parties involved in the treaty (Slomanson, 2006). Supposing the treaty is multilateral, it cannot be terminated based on the reason that the number of parties falls below its required number for action (Article 55). When the treaty has no provision for termination, it may be terminated if there is a hint that the parties intended to terminate at a future point in time, or if such a right to termination is implied by the nature of the treaty (Article 56). A treaty may be suspended with respect to all parties if it’s in accordance with the provisions of the treaty or through consultation with other parties. If it’s a multilateral treaty then two or more parties may suspend the treaty if the suspension is provided for by the treaty itself or if it’s found to be harmless and compatible with respect to the overall objective of the treaty (Article 58). Another way to terminate a treaty is by concluding another treaty relating to the same subject by the same parties, and if the provisions of the later treaty conflict with those of the first treaty (Article 59). When one of the parties breaches the treaty, the other party can invoke the breach as a ground for terminating the treaty or suspending it in whole or in part. Again according to Article 61, a treaty may be terminated if one of the parties finds it impossible to perform the treaty and it has not breached any obligation under the treaty or any other international obligation (Article 61) (Slomanson, 2006). Supposing there has been a fundamental change in the circumstances since the conclusion of the treaty that was not foreseen, the treaty may be terminated provided the circumstances are really vital to the implementation of the treaty and if the changes make it difficult to keep the obligations implied by the treaty. This is known as the concept of rebus sic stantibus, or the doctrine of changing circumstances (Joyner, 117). This doctrine of changing circumstances may be abused by one or more parties and hence it is emphasized that a complete change must have happened to consider it a change of circumstances. Joyner says: “The change of circumstances must be such that it renders the execution of the treaty difficult or impossible or that it requires the performance of obligations that were not foreseen by the contracting parties and had they been foreseen, would never have been undertaken” (Joyner, 117). For example, in 2002, the United States withdrew from its bilateral Antiballistic Missile Treaty with Russia. The reason given by the U.S. Government for the withdrawal was that the international threat environment had changed dramatically in the modern era of terrorism (Joyner, 117). Russia was not the main threat but certain rogue states were. A national missile defense system was very much needed for security purposes and hence the country had to withdraw from the treaty. Such a termination based on a change of circumstances cannot be invoked if the treaty establishes a boundary or if the fundamental change has been the result of a breach by one of the parties. Whenever a party seeks termination of a treaty, there is also the provision to seek suspension of the treaty (Article 62). A treaty is affected by the severance of diplomatic relations between parties if diplomatic relations are an essential part of the treaty (Article 63). Finally, if a new form of international law emerges, any existing treaty that is in conflict with its recent form becomes void and terminates (Article 64).
Works Cited
Candall, B. Samuel (2005). Treaties, Their Making and Enforcement. The Lawbook Exchange, Ltd., 2005
Joyner, C. Christopher (2005). International Law in the 21st Century: Rules for Global Governance. Rowman & Littlefield Publishers.
Linderfalk, Ulf (2007). On the Interpretation of Treaties: The Modern International Law as Expressed in the 1969 Vienna Convention on the Law of Treaties. Springer Publications.
Rosenne, Shabtai and Nijhoff, Martinus (2004). The Perplexities of Modern International Law, Boston.
Slomanson, William (2006). Fundamental Perspectives on International Law. Thomson-Wadsworth Publishers.
Sullivan, M. Scott (2008). Rethinking Treaty Interpretation. Texas Law Review, Vol. 86, 777-817. Web.
Wallace, M. Rebecca (2005). International law. Sweet & Maxwell Publishers.
There are four major methods of statutory interpretation used in the most developed democratic countries of the world. The first of the methods is the so-called Golden Rule used in the majority of cases to dissolve the ambiguity of the words used in statutes or any other documented or oral pieces of information that might lead to unpredictable results in case if the disambiguation would not be carried out (Rawlings, 1979, p. 715). For example, this rule was used to solve the controversy raised by Section 46 of the Administration of Estates Act 1925, which ruled the necessity of “issuing” the inheritance to the dead person’s relatives under some circumstances. Understanding that in some cases, such a ruling can lead to the benefit of the criminals, the courts try to avoid this formulation and rule the cases in accordance with the common law with only subsequent consideration of the Administration of Estates Act 1925 (Becke v Smith (1836) 2 M&W 195).
The second rule is the so-called Literal Rule (or Plain Meaning Rule), whose major essence lies in the fact that the texts of the statutes and other rulings should be interpreted word for word, i. e. every word should be considered by the courts and judges in its primary and the simplest grammatical and lexical meaning (Unger, 1953, p. 369). It is a usual practice to include a definitions’ sections into a statute, but in case if such a section is omitted due to some reason, the literal rule comes into play, prescribing the definition of the ambiguous words in the simplest way possible. Defining the words literary, this rule is non-surprisingly called literal (Fisher v. Bell [1961], 1 Q.B. 394, [1960] 3 All E.R. 731).
The third method under analysis is the mischief rule, especially carefully treated in the British legislative and law systems. The point in this rule is that the judge, faced with the ambiguity in a statute, looks for the initial reason for the establishment of this statute. In other words, the judge seeks to find out what the intention of the government was in creating this statute and what “mischief” it was about to solve (Smith v Hughes [1960] 2 All E.R. 859). The mischief rule allows the judge to get a more comprehensive picture of both the case and the statute it should be regulated by. In combination with the purposive approach, these methods inquire about the intended aim of the law or a statute. The purposive approach as such goes deep into the history in order to see what the purpose was that the government had established a statute or a law (Smith v Hughes [1960] 2 All E.R. 859). Needless to say, numerous cases in British law can be observed to have been ruled by this or that of the above-discussed approaches to statutory interpretation.
Cases to exemplify
The major cases that demonstrate the work of the golden rule in practice include Adler v George (1964), Smith v Hughes (1960), Brogden v Metropolitan Railway [1877], 2 AC 666, Byrne v Van Tienhoven [1880], 5 C.P.D. 344, and Pepper v Hart [1993], HL. The first case among the enumerated concerned the interpretation of the Official Secrets Act, 1920, in which the meaning of the word “vicinity” was the controversial point. Frank Adler was accused of obstructing a member of the British Air Force while on duty in the Marham Royal Air Force station, but the defendant tried to appeal to the court, stating that the word “vicinity” was misinterpreted as he was in the station itself but not in its vicinity (Adler v George [1964], 2 QB 7). Nevertheless, the judge dismissed the appeal defining the vicinity as being close to or in someplace, which was the simplest way to go as the golden rule dictates (Adler v George [1964], 2 QB 7).
The literal rule can also be exemplified by a number of cases, including Fisher v Bell (1961), Denning LJ Combe v Combe [1951], 2 KB 215, and Entores v Miles Far East Corporation; Brinkibon [1955], 2 QB 327. The most notable among these is the case Fisher v Bell (1961), whose matter was the controversy over the offer or a mere invitation to treat concerning the displayed flick knife, which found this occurrence contradicting the Restriction of Offensive Weapons Act 1959 (Fisher v. Bell [1961], 1 Q.B. 394, [1960] 3 All E.R. 731). Nevertheless, led by the literal rule, the court saw no manifestations of offer of the knife made and ruled the case in favour of the defendant, claiming that the knife displaying was an invitation to treat (Jackson, 1979, p. 775).
The examples of the mischief rule practical implementation include the cases of Smith v Hughes [1960] 2 All E.R. 859, Jackson v Horizon Holidays [1975], 1 WLR 1468, Tweddle v Atkinson [1861], 1 B S 393, and some others, but the case mentioned is especially significant. The matter of interpretation for the court, in this case, was the Street Offences Act 1959, under which prostitution in the streets was claimed to be illegal. The defendants built their argument on the meaning of the word “street”, which they claimed they were not in. They attracted the customers from windows and balconies, thus claiming that they did not violate the Act in any way (Smith v Hughes [1960] 2 All E.R. 859). However, the court decision was based on the mischief rule, according to which the mischief against which the Act was created was prostitution and the controversial word was of minor importance for the case decision. Therefore, the judge of the Smith v Hughes [1960] 2 All E.R. 859 case ruled to dismiss the defendants’ appeal (Smith v Hughes [1960] 2 All E.R. 859).
Finally, the examples of the purposive approach to the statutory interpretation include the following cases: Royal College of Nursing v DHSS (1981, HL), Pepper v Hart [1993], HL, Routledge v Grant [1828], 4 Bing 653, Dickinson v Dodds [1876], 2 Ch. D. 463, and some other. The first case is of special significance for the consideration as it concerned a vital issue of health and abortion rights (Royal College of Nursing v DHSS [1981], HL). The matter of the case was the controversy between the literal interpretation of the Abortion Act 1967, according to which only the proficient doctors could carry out abortions, and the purposive approach to the Act’s interpretation. Using the latter, the court managed to rule that the initial goal of the Act was to ensure the safety of abortions. As nurses were also able of this, the court decided to interpret the Act in the way allowing the nurses to carry out abortions as well (Royal College of Nursing v DHSS [1981], HL).
Implications for business law study
Accordingly, from the examples considered and from the conclusions that can be made from the overall examination of the statutory interpretation, it is evident that the four basic methods of the latter have considerable implications for the study of business law. In schools, colleges, and universities, students should be well aware of the legislative basis of their country as each of them can potentially become a businessperson, i.e., become subject to the business law directly (Contracts (Rights of Third Parties) Act, 1999). This is especially important in a country like the United Kingdom, where the dominant form of the court system is the precedent one. In other words, the court decisions are made on the basis of the cases that have ever been ruled by the court before. Therefore, understanding the basic principles and rules according to which those cases were decided adds to the overall awareness of the public of the principles of statutory interpretation of the law on the whole and of the business law in particular (Mortimer, 2009).
Apart from such an abstract and general implication, the consideration of the methods of statutory interpretation relates directly to business law and its study. Among the examples of the cases discussed above, there are several cases directly bound to the world of business and to the jurisdiction of British business law (Mortimer, 2009). In those cases, the precise definitions of the controversial words and notions like an offer and an invitation to treat played a crucial role. Therefore, consideration of these cases is vital for the business people to understand the alternatives they might have in case if their disputes are ruled by the court.
Finally, the study of the statutory interpretations is vital for the consideration of business laws from the consumers’ side as well. In other words, the people who have suffered any violation of their rights, in their opinion, can obtain useful information and helpful advice from the materials considered in this topic (Mortimer, 2009).
Reference List
Adler v George [1964], 2 QB 7.
Brogden v Metropolitan Railway [1877], 2 AC 666.
Byrne v Van Tienhoven [1880], 5 C.P.D. 344.
Carlill v. Carbolic Smoke Ball Co. [1893], Q.B. 256 (C.A.).
Central London Property Trust Ltd v. High Trees House Ltd [1947], KB 130.
Contracts (Rights of Third Parties) Act 1999.
Denning LJ Combe v Combe [1951], 2 KB 215.
Dickinson v Dodds [1876], 2 Ch. D. 463.
Dunlop v Selfridge [1915], HL.
Entores v Miles Far East Corporation; Brinkibon [1955], 2 QB 327.
In the contemporary interpretation, the concept of English as a Lingua Franca (ELF) is conventionally utilized to denote a special sociolinguistic category, in particular, a functional type of language that is used as a medium of intercourse between speakers of different languages in the certain spheres of the interaction (Jenkins and Leung 2). As the process of globalization began its rapid development, the world started to experience the need for a sole communication tool that could be used in many different countries.
In the modern world, the English language takes the position of the leading language used for global communication. English has been playing this role for many decades now. As a result, the agenda of teaching this language, as well as the education for teachers, has been significantly influenced by its role as a lingua franca (Deniz et al. 144).
However, regardless of the active research regarding the effect produced by the status of English as the global communication language, the changes it inflicted on the education for teachers of the English language remain underresearched. The purpose of this paper is to provide a historical perspective on the establishment of English as a lingua franca and then move on to the modern state of affairs and the impact produced by the current status of the English language on teacher education, the way English is taught these days, its use as an instrument for intercultural communication.
English as a Lingua Franca: A Historical Perspective
Initially, a lingua franca implied a specific language form based on the vocabulary of French, Provencal, and Italian languages which originated in the Middle Ages for the negotiations of Arab and Turkish merchants with Europeans and existed in the form of “Sabir” until the 19th century (Wansborough 42).
The establishment of English as a lingua franca was a lengthy phenomenon that was not a planned action. It can be noted that English became a lingua franca due to several factors that eventually led to its transformation and popularisation so that it became convenient for the speakers of different first languages to embrace English as the means of global communication. To be more precise, the factors that contributed to the becoming of the modern lingua franca include the simplicity of English and ease of learning, its adaptability, a wide geographical distribution that made it reach every continent, and the strong and influential positions of the nations that use it as their native language in the world (Abdullah and Chaudhary 129-131).
The establishment of English as a lingua franca stretched throughout many centuries with the colonization practices of the British Empire and the United States of America, the amplification of their power after the Second World War, and the developed status of the other countries that use English as their native language in the modern history (Abdullah and Chaudhary 130-133). The final significant step towards settling as a lingua franca the English language has made at the onset of the computer technology era where the first and most popular computer programs were written using English and soon initiated that the spread of the Internet that also used English as its core language.
English as a lingua franca was called differently, depending on time: “new English” (pidgin), newspeak, and English as a means of teaching and learning (Mallette 89). The very possibility of applying the term to distinguish language objects speaks in favor of interpreting it as a function that is performed by different versions of the English language (Björkman 25).
Differently put, the earlier perception of English as the language spoken primarily in the United States and the United Kingdom has eventually changed as this language started to be employed for various types of casual, professional, and official communication all around the world. The versatility of the English language that occurred due to its wide use for numerous purposes and by the representatives of various cultures has been the focus of scholarly research since the 1980s (Schneider 59).
Accepted as the language of communication is such fields as business, commerce, medicine, and science, the English language as a lingua franca started to reveal some of its disadvantages. In particular, this language seemed to have a vocabulary that was underdeveloped and unadjusted for deeply professional and scientific communication; also, the use of this language was commonly associated with poor performance and command due to the interference of native languages of the speakers; in turn, many norms, notions, and expressions were distorted and provided flawed information (Baker, “English as a Lingua Franca” 8).
The aforementioned drawbacks powered the development of this language and its expansion in terms of use and vocabulary; as a result, English became more flexible and universal, and today it can be considered as the language of science and commerce.
The significant popularity of English in the modern world occurred because the key educational systems of the world, namely, those of the UK, the US, Australia, and others are based on the use of English in the field of education (Danielson 69).
The popularity of the education of foreign citizens in schools and universities of these countries is supported by some new national trends in the educational systems of different states using English as a means of instruction, even though English does not have official status in these countries (House 60). For instance, in some Scandinavian countries, MSC is taught in English. Due to such phenomena, English is also known to function as an intermediary language between speakers within one nation in situations where none of the participants are native speakers.
ELF versus ENL and EFL
The current state of the process of globalization is reflected in the new paradigm of the forms and functions of the English language in contexts that go beyond its original national identity. The mentioned paradigm that is also known as a new English paradigm was proposed by Kachru, who distinguishes between the three circles of the utilization of English in the modern world, including inner, outer, and expanding ones (Kalocsai 19).
The inner circle is limited by borders of the so-called native context of using English in countries that are historically considered to be English-speaking, for instance, Great Britain, Australia, New Zealand, the USA, Canada, South Africa, among others (Gu et al. 138). The above circle focuses on English as a Native Language (ENL).
In its turn, the outer circle is formed by the national variants of the English language, the World Englishes, which have spread in the countries of the post-colonial world in such countries as India, Malaysia, Singapore, Kenya, and other national varieties of English. Finally, the third circle of expanding refers to the context of the use of English as a Foreign Language (EFL) where it is not the second state language and does not play any role in the performance of the core state functions, be it political or social aspects (Saito 1087).
These are the countries of Europe, Asia, Latin America, and Africa where English is considered as a way of integration into the global economic, political, and educational space. While each of the specified circles may inevitably comprise some errors associated with interpretation, Deterding reckons that the consideration of this theory allows observing the actual situation in the evolutionary processes of English as a lingua franca and makes it possible to provide an objective description of it as a special linguistic form (58).
In that way, when juxtaposed with the Three Circles Model proposed by Kachru, English as a lingua franca concept discussed by Deterding in his multiple works provides a more general and thus more flexible perspective on the phenomenon of the global expansion of this language. In particular, the ELF category is less focused on the geographical location of the world’s Englishes and is more determined to study the dynamics according to which the expansion happens and the outcomes that it brings about. Consequently, it is possible to note that regardless of its applicability to the real course of events, Kachru’s classification is less relevant to the contemporary use of the English language as a universal tool for communication between representatives of different cultures speaking different native languages.
More to the point, it seems essential to pinpoint the findings regarding ELF in the context of language peculiarity discovered by the VOICE team. As an organization, VOICE was created by its leader and director Barbara Seidlhofer, and represents an international corpus of oral texts of English as a lingua franca that is based in Vienna. The aforementioned organization defines ELF as “any use of English among speakers of different first languages for whom English is the communicative medium of choice, and often the only option.” (Seidlhofer 7).
Focusing on spoken data, VOICE shows that ELF significantly changed, and language contacts played an important role in this change. According to Cavalheiro, the hybrid nature, receptivity, and flexibility about the external influences are the defining features that allow the English language not only to develop but also to transform the national identity of people speaking it (21-27). Differently put, international speakers of English as a lingua franca tend to transform the language continuously using bringing new notions and words into it, by adding concepts and sharing knowledge (Cavalheiro 11).
In that way, cultural identities begin to be shared as well and interact with one another by expanding one another’s cultural identities. Nowadays ELF is the most widely utilized language all over the globe that embraces personal, professional, and cultural spheres of communication.
Features of ELF
The major characteristic of a global language is wide use in various settings by the speakers of different first languages. The pronunciation and general sounding of such language can be heavily affected by the users’ ways to speak the language. As a lingua franca, English has some core and non-core features that are required for its broad use and comprehension by non-native speakers. As explained by Deterding and Mohamad, the former features are required for the maintenance of intelligibility of the language between non-native speakers in international settings (10-11). These features include the following:
All consonant sounds apart from [θ], [ð] and [ɫ].
Initial clusters of consonants.
Nuclear stress.
Mid-central NURSE vowel.
Distinctions between lengths of vowels (Deterding and Mohamad 11).
When it comes to the non-core features, they do not play an essential role in the maintenance of communicational success between international speakers of lingua franca. The non-core features of English as a lingua franca include the following:
Final clusters of consonants.
Consonant sounds [θ], [ð] and [ɫ].
Reduced and weak forms of vowels.
Intonational tones.
Lexical stress.
Stress-based rhythm.
Individual vowel quality (Deterding and Mohamad 11)..
Interestingly, due to the idea that the non-core features of the language are not obligatory as parts of the language teaching program, many teachers disagree with the latter list and believe that some of the features it includes (lexical stress and vowel quality) are very important and should be taught as essential features of the English language. Also, many experts argue about the grammatical variations in different forms of English as the lingua franca the examples of which are presented in the next section.
The issue is that due to the alterations in the perception of the language features that are more and less essential, the entire approach to the teaching of language, as well as its aspects that will or will not be included in school curriculums. In that way, does the assumption that such forms are suitable for oral informal communication to make them acceptable in the official written language? (Alsagoff et al. 33). Will they be equally appropriate in different situations of communication? (Schmitz 277).
Moreover, regarding the core and non-core features of the English language as a lingua franca, it is important to mention that the representatives of different regions of the world tend to disregard some of the non-core features and follow the others. To be more specific, Deterding and Mohamad point out that due to various vocal specificities of the world’s languages, the ways of the pronunciation of sounds in the English language may vary (11-12). In particular, the speakers who come from some of the Asian cultures tend to replace the sound [θ] with [t] in some words and then keep up with the native-like pronunciation in others.
English Language Teaching and ELF
Seidlhofer describes the most common peculiarities that occur in the course of ELF teaching (Cogo and Dewey 62). Among the typical errors, one may note the loss of inflection -s / -es of modern verbs in the form of the third person, use of relative pronouns who and which as interchangeable, the use of redundant pretexts, redundant explicitness, etc. In this connection, several questions arise: should English-focused teachers formulate the skills of using such forms, showing tolerance to them or correcting as mistakes? (Jenkins, English as a Lingua Franca in the International University: The Politics of Academic English Language Policy 78).
The analysis of various approaches to the solution of these issues makes it possible to agree with Prodromou, in the opinion of which it would be “irresponsible to encourage learners to assume that they can do the standard forms of the language” (Sowden 92). Such an approach ensures training communicants with rather limited language resources, “denigrating core standard English grammar only serves that strengthened power of those who have ‘have’ standard English grammar” (Sultana 223; Sung 47).
In other words, in countries of the expanding circle, the goal of education should be to choose a variant of English that has a lot in common with the inner circle English. However, students should prepare for communication with speakers of different versions of the English language, having specific features, not just British or American English. According to Murray, the receptive acquaintance with the peculiarities of ELP expands the linguistic consciousness of students and implies the formation of productive skills of reproducing learning options (322).
Due to several reasons for historical, political, economic, technical, and linguistic nature, the world community voluntarily selected English as the language of international communication and a lingua franca (Crystal 40). To introduce the students to different versions of the English language, the inclusion of World Englishes samples in teaching activities is a reform that transforms the course of learning.
Among the participants of learning, there are not only the representatives of the countries of the inner circle but also those of the countries of the outer and expanding circles (Jenkins, “English as a Lingua Franca from the Classroom to the Classroom” 489). This will form the students’ understanding that English is an intermediary in communication between citizens of the whole world and prepare them for communication with potential interlocutors.
The local English-language press seems to be a rather beneficial source of information regarding the local version of English of a particular region – The Times of India (India), South China Morning Post (Hong Kong), or The Straits Times (Singapore) (Ke and Cahyani 31; Kirkpatrick 136). For example, it is possible to offer students to compare the websites of English-language newspapers of two different countries for lexical and grammatical differences.
Thus, teaching English as a lingua franca involves, on the one hand, learning the correct pronunciation, grammar, and vocabulary, and, on the other hand, the formation of intercultural literacy. (Paltridge and Starfield 19) To cope with such a task, non-native speakers of the language are to make every effort to become, according to Alptekin, “successful bilinguals with intercultural insights and knowledge” (Hynninen 302; MacKenzie 33). At the same time, it is evident that, as stated by O’Regan, the methodological aspects of ELF teaching require the deeper study and the subsequent reform to enhance the efficiency of communication in a multicultural community (548).
English as a Lingua Franca and Culture
Non-native speakers use ELF through various cultural references. Because of the international and intercultural nature of a lingua franca, as well as the mixture of the projections of various identities that it contains due to the continuous transformation, this language has to be taught with the consideration of its unique paradigm. Specifically, being a lingua franca, the English language now exists between cultures and serves as a link maintaining them in connection with one another; as a result, it becomes affected by the versatility of cultures using and thus its teaching and vision may need to be transformed as well.
Not many investigations raise the question of culture teaching in the ELF paradigm. One of the new studies of intercultural communication among seven users of English in Thailand by Baker “revealed cultural frames of reference perceived of and made use of in a hybrid, mixed, and liminal manner, drawing on and moving between global, national, local, and individual orientations” (“The Cultures of English” 567).
To be more specific, the speaker meant that cultural perceptions are a part of the context of the English language, and thus it needs to be taught taking into account cultural sensitivity principles. In other words, the perception of culture changes according to the needs of interlocutors in the ELF context. The use of English as a lingua franca in intercultural communication changes the correlations between language, culture, and nation.
The representatives of various nations speak English using word order, structures, and phrases other than native speakers following the rules embedded in their culture. Dombi claims that “the underlying motives of intercultural interactions are mutual understanding and negotiating meaning, rather than projecting native-like command of the language” (186). Accordingly, the interlocutors in the ELF context possess different cultural frames of reference than native speakers.
During intercultural communication in the ELF context, the perception of cultures is constantly changing in response to the needs of interlocutors (Meierkord 57). Cultural frames of references switch from global to the local level at every moment when a person needs to use a new strategy in his or her speech. The changing nature of references in an ELF context attests to the absence of any particular culture in such intercultural communication.
Nevertheless, language cannot exist without culture. All interlocutors contribute their cultural references creating a common medium for communication with predefined anticipations and beliefs. At the same time, the participants of intercultural communication in the ELF context develop a new perception of their society and can use various cultural frames of references suitable for particular situations.
Therefore, the use of the English language as lingua franca is crucial for the development of cultural frames of references and abilities to communicate effectively on the intercultural level. The theoretic knowledge about the correlations between language and national culture is important, but it does not give an intuitive understanding of different references on the global, cultural, and individual levels.
Using English as a lingua franca, non-native speakers include not only their cultural references in the communication but also their limited understanding of either British or American English. They create unique rules of communication based on the understanding of several languages and intuition. Therefore, people speaking English as a lingua franca develop their own culture with characteristics that are not equal to the sum of all cultural references included in the speech.
The scientists use two distinct approaches to study lingua franca referring to the type of communication (Baker, “Culture and Language” 71). Non-native speakers use the English language chiefly for business cooperation and learning purposes. These preferences predefine the nature of the culture forming in the process of non-native communication.
According to Baker, “English as a lingua franca (ELF) studies, intercultural communication research and English language teaching (ELT) have all been concerned with ideas of ‘successful’ communication and the competencies needed to achieve this” (“Culture and Language” 70). Therefore, non-native speakers using English as a lingua franca are more focused on the distinct result of their interactions than native speakers. Business or education acts as a ground for the culture of a lingua franca communication. People exchange their views and expectations about various solutions for studying and working creating a common medium for relationships between parties from different cultures.
The concept of turn is another important feature of lingua franca communication. All people taking part in the discourse follow the unspoken rule of turn-taking. In every speech, the interlocutors have to speak one after another to be understood by others. In a lingua franca communication, this rule is crucial because the parties often do not understand the English language to the extent needed for fast switching between interlocutors.
Baker claims, “what is central to these early statements is the fact that overlapping speech is regarded as being erroneous and a violation of some rule” (“Culture and Language” 75). People get used to the smooth change between speakers, and abrupt interjections are considered to be rude, even though they might sound neutral in native-speaker communication. In lingua franca interactions, the interlocutors can predict the words and phrases of others for a quicker exchange of thoughts and ideas. Overlapping speech creates hindrances for this course of action. Therefore, the culture of a lingua franca communication contains some unique rules that must be obeyed by all interlocutors for the effective exchange of ideas.
English as a lingua franca creates a new communication culture based on different interpretations of the words and structures used traditionally in the English language. Even such common discourse markers as yes/yeah are changing in the course of a non-native communication. According to House, “speakers of English as a lingua franca in academic consultation hours tend to strategically re-interpret certain discourse markers to help themselves improve their pragmatic competence and thus function smoothly in the flow of talk” (57).
The speakers of the English language as a lingua franca use the discourse makers chiefly to connect their thoughts in one understandable speech. Non-native interlocutors experience difficulties in finding appropriate linking structures in the English language. The discourse makers help them to continue speaking even if they lose the main thread of their speech. The words yes or okay cease to agree with some facts. Instead, they mark the end of each thought expressed by the speaker. Therefore, English as a lingua franca possesses its unique communication culture based on rules of pragmatic use.
English as a Lingua Franca in Intercultural Communication
To communicate successfully with one another, speakers of different mother tongues require a common language the knowledge of which they would share. Today, English serves as the universal tool for communication between the representatives of different cultures. As specified by Dombi, non-native speakers of this language in the contemporary world outnumber its native speakers (184).
As a result, with the emergence of English as a lingua franca, there appeared several issues regarding its use and standards. In particular, the norms of this language are currently the focus of multiple discussions as the universal tool for communication needs to be diverse and fit the needs of speakers from different cultures (Dombi 184). Since the ownership of this global language is now questioned, it becomes difficult to identify who or which culture should serve as the provider of standards working as the basis of the ELF teaching paradigm.
Many of the English language learners prefer learning on the language norms posed by native speakers because this would increase the professionalism of their command. At the same time, this perspective in English teaching makes it complex to distinguish between ELF and EFL teaching paradigms (Dombi 184). In this regard, Illes noted that learning foreign language stands for the acquisition of the pronunciation and competence similar to those of native speakers (4).
However, since many native speakers (especially the native speakers of ELF) do not have experiences of learning any other languages; and as a result, they may not understand the difficulties the English language learners face in terms of cultural differences (Illes 4). Consequently, the unnecessary and complex standards and norms of the ELT could be altered by the native cultures of the learners.
Regarding the teaching of English as lingua franca, culture teaching represents the presentation of the language as a means for intercultural communication (Grazzi 57-58). In particular, the flexibility of ELF teaching should be based on the absence of a single target culture as the carrier of the language norms (Bowles 197). In other words, the development of cultural awareness and sensitivity is to be the major focus of the new teaching paradigm in the context of English as a lingua franca.
Issues in ELF and Teacher Education
As specified earlier, Dombi noted that the number of speakers of English from whom this language is not native outnumbers the native speakers of English (184). This language is now used as a global means for communication and is often spoken between the representatives of different cultures. As a result of this massive important role in the English language fulfills and its global presence, the language is heavily impacted by the contexts in which it is used.
Additionally, from the ELF perspective, English no longer should be viewed as owned by one or several native speaking cultures. In the contemporary world, this language is seen as the link between multiple cultures in highly important spheres such as education, science, business, and commerce. Consequently, the way this language is taught will change as well using dropping the image of a single carrier culture, as well as focusing on the role of intercultural communication tool this language fulfills today. In turn, the change in the context of the language and how it is taught and presented to the learners require significant alterations in the way the English language teachers are trained for practice all around the world.
According to Cavalheiro, “teacher education programs are the ideal way to introduce new approaches to ELT, as both theory and practice play a crucial role in the training and development of trainees” (3). New teacher education programs are needed because many professionals working decades in their sphere hesitate to change their views on the approaches to the English language. It could apply to all teaching, but it is crucial in the ELF context. According to Sifakis, “there is evidence to suggest the existence of a mismatch between what ESOL teachers seem to believe about the English that they teach to their non-native learners and the competences and abilities that they believe these learners need when communicating” (346). They do not see the peculiarities in the use of ELF believing in the effectiveness of their teaching methods.
New education courses can help to develop the teachers’ perception of ELF as a means of intercultural communication. In all countries around the globe, language teachers know about the international position of English, but they generally do little to enhance their methods. Their approaches are originally aimed at anglophones, but ELF teaching deals with non-native speakers. Teachers should discuss the position and the use of ELF in intercultural communication to understand the need for change in their methods.
Active exchange of experience among language professionals will lead to the development of their view on English as a lingua franca. Unfortunately, previous language teaching can hinder the enhancement of new approaches because people support their attitudes with their positive experiences (Cavalheiro 17). Young teachers tend to be more willing to broaden their views on ELF than their senior colleagues are. At the same time, experienced teachers suppose that people learn English primarily to communicate with non-native speakers, while young members of the profession think that the majority of their students want to work in English-speaking countries.
The development of English as a lingua franca calls for the appearance of innovative teacher education programs. Sifakis claims, that “ELF teacher education can gain enormously by implementing the rigorous, reflection-based transformative methodology of adult education theorist Jack Mezirow’ (345).
There are a lot of issues connected with the terms and classifications of a lingua franca proficiency. Teachers of foreign languages do not always follow the common classification of language proficiency in assessing the abilities of their students. The same happens with grammar, lexical uncertainty, and pronunciation. Therefore, language teachers need to learn universal rules for teaching non-native students.
There is a distinct mismatch between the expectations of ELF learners and teachers. Non-native speakers want to learn English as a lingua franca in all diversity of forms that a language can have for the most productive communication. Teachers traditionally choose between British English and General American limiting the experience of their students. English as a lingua franca creates a complex fusion of lexical and grammar rules to serve the needs of the non-native interlocutors.
According to Sifakis, “this covers elements of the ELF lexicogrammar such as the non-use of the third person singular marker, the all-purpose use of question tags, the heavy reliance on verbs of high semantic generality” (346). The teacher education programs should consider this difference of ELF from the language types used by native speakers.
Sifakis claims that Mezirow’s transformative adult learning paradigm “aims at enabling ESOL practitioners to become fully aware of the characteristics and challenges that ELF discourse and teaching engender and, essentially, open up to change by realizing and transforming their worldviews and perspectives about ESOL teaching” (352). The teachers learn the needs of their students and the ways to address them. The model consists of five stages.
At the preparation stage, the educator acknowledges the peculiarities of non-native language teachers and decides how to create groups. The participating teachers give their answers to a questionnaire about their jobs, learning process, and interests. They also describe how they use lingua franca and in what situations. At this stage, participating teachers should outline their awareness about errors in the use of English.
At the identification stage, participating teachers speak to learn each other better, paying special attention to their awareness about the components of ELF communication. The educator should give them the notion of basic issues found in ELF. The participants analyze the examples of ELF discourses to recognize the problems of non-native communication.
At the awareness stage, the educator provides the participating teachers with selected articles on ELF that assess the issues allocated during the identification. The educator should encourage dialogues in the groups to include more complex themes. Nevertheless, the topics should be familiar to the majority of the participating teachers.
At the transformation stage, the topics of the discussions revolve around the individual issues of the participating teachers in the ELF communication and their professions. The educator should encourage participating teachers to talk about the positive impact of ELF on their professional identity.
At the planning stage, the participants should be aware of all underlying issues of ELF communication and be able to build their educational programs. Therefore, Mezirow’s transformative adult learning paradigm immerses the teachers in the ELF surroundings to allow them to understand the issues and peculiarities of non-native communication.
Conclusion
It took a long time for the English language to grow into one of the most commonly used languages all around the globe and eventually be transformed into the universal means of communication between representatives of different cultures. Over the last century, English has cemented its position as a lingua franca – the language that the speakers of various mother tongues use to understand one another and the language that dominates such essential fields as science, education, business, and commerce.
In the contemporary world researchers and language professionals agree that English as a lingua franca represents a unique socioeconomic category. Differently put, as a language, English serves as a functional means of intercultural and international communication. This language possesses a set of characteristics and traits that have made it easy to learn and understand so that it suits its functional purpose.
The establishment of English as a lingua franca was a long historical and social process that included may significant global events such as colonization, imperial acquisitions, wars, financial crises and changes, and the rapid development of technology. Due to all of these events, the English language had an opportunity to find its way to all continents and most countries. At first, this language was seen mostly as inseparable from its major native cultures and countries such as the United States, the United Kingdom, Australia, and Canada among others. However, over time it grew into a lingua franca – the language that belongs to the entire world and needs to be transformed and taught by the diversity of nations that rely on it.
The role and the existence of ELF in the global community can be described from two perspectives, functional and descriptive. For a correct analysis of English as a lingua franca, it is necessary to define, who, in which circumstances, and for what reasons realize this function. Taking a descriptive approach, it is crucial to underline that the communication arising from the implementation of ELF does not always contain the structures and word order of the standard English language.
Exploring ELF from the historical point of view makes it possible to compare ELF with English as a native language and English as a foreign language. A significant part of it explored the relations between English language teaching and ELF, stressing the need for reformations in ELT for more effective implementation of ELF. According to O’Regan, the methodological aspects of ELF required the deeper study and the subsequent reform to enhance the efficiency of communication in a multicultural community (548).
The role and implementation of ELF in intercultural communication were described with special attention to the cultural references implied by all interlocutors. As a result, the contemporary world is in need for new teacher education programs to enhance the view of professors on ELF, as senior teachers tend to resist changing their views on their methods, whereas young members of the profession may be more open to exploring the implementation of English as lingua franca in the society (Cavalheiro 31). All of these changes and transformations were made possible due to the influence of various cultures on this language that exposed it to diverse settings and needs.
Works Cited
Alsagoff, Lubna, et al., eds. Principles and Practices for Teaching English as an International Language. Routledge, 2012.
Abdullah, Sayeh S. and Mohammad Latif Chaudhary. “English as a Global Lingua Franca.” International Conference on Education, Applied Sciences and Management (ICEASM’2012) Held 26-27 December 2012 in Dubai (UAE), 2012, pp. 128-134.
Baker, Will. “Culture and Language in Intercultural Communication, English as a Lingua Franca and English Language Teaching: Points of Convergence and Conflict.” The Cultural and Intercultural Dimensions of English as a Lingua Franca, edited by Prue Holmes and Fred Dervin, Bristol, GB, Multilingual Matters, 2016, pp. 70-92.
—. “English as a Lingua Franca in Thailand: Characterisations and Implications.” Englishes in Practice, vol. 1, no. 1, 2012, pp. 1-10.
—. “The Cultures of English as a Lingua Franca.” Tesol Quarterly, vol. 43, no. 4, 2009, pp. 567-592.
Berthoud, Anne-Claude, et al. Exploring the Dynamics of Multilingualism: The Dylan Project. John Benjamins Publishing Company, 2013.
Björkman, Beyza. English as an Academic Lingua Franca: An Investigation of Form and Communicative Effectiveness. Walter de Gruyter, 2013.
Bowles, Hugo. “ELF-Oriented Pedagogy: Conclusions.” International Perspectives on English Language Teaching, edited by Sue Garton and Keith Richards, Palgrave Macmillan, 2015, pp. 194-208.
Cavalheiro, Lili Lopes. English as a Lingua Franca: Bridging the Gap between Theory and Practice in English Language Teaching. Universidade de Lisboa, 2015.
Cogo, Alessia, and Martin Dewey. Analysing English as a Lingua Franca: A Corpus-Driven Investigation. Bloomsbury Publishing, 2012.
Crystal, David. English as a Global Language. Cambridge University Press, 2012.
Danielson, Charlotte. The Framework for Teaching: Evaluation Instrument. Danielson Group, 2013.
Deniz, Esma Biricik, et al. “English as a Lingua Franca: Reflections on ELF-Related Issues by PreService English Language Teachers in Turkey.” The Reading Matrix: An International Online Journal, vol. 16, no. 2, 2016, 141-161.
Deterding, David. Misunderstandings in English as a Lingua Franca: An Analysis of Elf Interactions in South-East Asia. Walter de Gruyter, 2013.
Deterding, David and Nur Raihan Mohamad. “The Lingua Franca Core and Englishes in East and Southeast Asia.” Asiatic, vol. 10, no. 2, 2016, pp. 7-24.
Dombi, Judit. English as a Lingua Franca in Intercultural Communication. Editura Universitatii Transilvania din Brasov, 2011.
Grazzi, Enrico. “Linking ELF and ELT in Secondary School through Web-Mediation: The Case of Fanfiction.” International Perspectives on English Language Teaching, edited by Sue Garton and Keith Richards, Palgrave Macmillan, 2015, pp. 55-71.
Gu, Mingyue Michelle, et al. “The Dynamic Identity Construction in English as Lingua Franca Intercultural Communication: A Positioning Perspective.” System, vol. 46, no. 1, 2014, pp. 131-142.
House, Juliane. “Developing Pragmatic Competence in English as a Lingua Franca: Using Discourse Markers to Express (Inter) Subjectivity and Connectivity.” Journal of Pragmatics, vol. 59, no. 2, 2013, pp. 57-67.
Hynninen, Niina. “The Common European Framework of Reference from the Perspective of English as a Lingua Franca: What We Can Learn from a Focus on Language Regulation.” Journal of English as a Lingua Franca, vol. 3, no. 2, 2014, pp. 293-316.
Illes, Eva. “Communicative Language Teaching and English as a Lingua Franca.” Vienna English Working Papers, vol. 20, no. 1, 2011, 3-16.
Jenkins, Jennifer, and Constant Leung. English as a Lingua Franca. John Wiley & Sons, 2014.
Jenkins, Jennifer. “English as a Lingua Franca from the Classroom to the Classroom.” ELT Journal, vol. 66, no. 4, 2012, pp. 486-494.
—. English as a Lingua Franca in the International University: The Politics of Academic English Language Policy. Routledge, 2013.
Kalocsai, Karolina. Communities of Practice and English as a Lingua Franca: A Study of Students in a Central European Context. Walter de Gruyter, 2014.
Ke, I-Chung, and Hilda Cahyani. “Learning to Become Users of English as a Lingua Franca (Elf): How Elf Online Communication Affects Taiwanese Learners’ Beliefs of English.” System, vol. 46, no. 2, 2014, pp. 28-38.
Kirkpatrick, Andy. “English as an Asian Lingua Franca: The ‘Lingua Franca Approach and Implications for Language Education Policy.” ELT Journal, vol. 2, no. 1, 2012, pp. 121-139.
MacKenzie, Ian. English as a Lingua Franca: Theorizing and Teaching English. Routledge, 2014.
Mallette, Karla. A Companion to Mediterranean History. John Wiley & Sons, 2014.
Meierkord, Christiane. “Interpreting Successful Lingua-Franca Interaction. An Analysis of Non-native-/Non-native Small Talk Conversation in English.” Linguistik Online, vol. 5, no. 1, 2013, pp. 57-69.
Murray, Neil. “English as a Lingua Franca and the Development of Pragmatic Competence.” ELT Journal, vol. 66, no. 3, 2012, pp. 318-326.
O’Regan, John P. “English as a Lingua Franca: An Imminent Critique.” Applied Linguistics, vol. 35, no. 5, 2014, pp. 533-552.
Paltridge, Brian, and Sue Starfield, editors. The Handbook of English for Specific Purposes. John Wiley & Sons, 2012.
Saito, Akihiro. “Is English Our Lingua Franca or the Native Speaker‘s Property? The Native Speaker Orientation Among Middle School Students in Japan.” Journal of Language Teaching and Research, vol. 3, no. 6, 2012, pp. 1071-1081.
Schmitz, John Robert. “To ELF or not to ELF?”(English as a Lingua Franca): That’s the Question for Applied Linguistics in a Globalized World.” Revista Brasileira De Linguística Aplicada, vol. 12, no. 2, 2012, pp. 249-284.
Schneider, Edgar W. “Exploring the Interface Between World Englishes and Second Language Acquisition–and Implications for English as a Lingua Franca.” Journal of English as a Lingua Franca, vol. 1, no. 1, 2012, pp. 57-91.
Sifakis, Nicos C. “ELF Awareness as an Opportunity for Change: A Transformative Perspective for ESOL Teacher Education.” Journal of English as a Lingua Franca, vol. 3, no. 2, 2014, 317-335.
Sowden, Colin. “ELF on a Mushroom: The Overnight Growth in English as a Lingua Franca.” ELT Journal, vol. 66, no. 1, 2012, 89-96.
Sultana, Shaila. “Language and Identity in Virtual Space.” Journal of Asian Pacific Communication, vol. 26, no. 2, 2016, 216-237.
Sung, Chit Cheung Matthew. “Global, Local or Glocal? Identities of l2 Learners in English as a Lingua Franca Communication.” Language, Culture and Curriculum, vol. 27, no. 1, 2014, pp. 43-57.
Wansborough, John E. Lingua Franca in the Mediterranean. Routledge, 2013.
The verb “fight”, used with no object refers to getting involved in violent encounters. In particular, as Yourdictionary.com provides, “fight in this sense involves the exchange of blows or the use of weapons in fighting against an enemy” (def. 1). For example:
The two boys were fighting;
College students fought with the police;
The United States fought against Osama bin Laden.
“Fight” also refers to the act of “opposing threats”, “struggling against” dangerous objects, or making resistance when being attacked by someone or a dangerous animal (“Fight” def. 3), as presented in the Oxford Dictionary. “Fought” and “fighting” is intransitive forms of the verb “fight”
“Fight”, can also refer to the process of attacking someone with the aim of causing harm to them. The words: “beat”, “fight” and “attack” can be used interchangeably (Fortescue 91). For example:
Attack A goes to B, plus A starts to FIGHT B;
Beat A causes B to Acknowledge defeat.
Consequently, English speakers can attempt to decompose “fight” and acknowledge “defeat” in a similar manner. In this context, “fight” means “striking repeatedly” plus “trying to harm/kill/ and rendering defenselessly”. The word “fight” can only be further decomposed when the context is given. For instance, a fight can be used to refer to the combat between animals, gladiators, boxers, modern mechanized armies, etc (Fortescue 91).
Negative definition
The negative definition of “fight” refers to an attack aimed at causing harm to the opponent. On the contrary, a positive definition refers to the achievement of success through ethical means. There is a relationship between “fight” and “defeat”. The purpose of fighting is the “defeat” of one’s opponent. “Fight” also refers to the process of gaining something by struggle. For instance, a football team can fight their way to the top of the league table. Fight in this sense would, therefore, not refer to attacking an opponent for the purpose of harming them. “Fight” can be used positively; a person can struggle to succeed in life. The word “fight” does not, therefore, refers to harming other people. It can also refer to ethical and credible means of achieving success. For instance “he fought for the price” (Fortescue 91).
When used as a noun, “fight” means a battle, a physical struggle, or combat. In addition, “fight” when used as a noun may also refer to a quarrel, a contest, or a struggle. For instance, “Tom and Jane quarreled” can have the same meaning as “Tom and Jane fought”. “Fight” and “quarrel” can be used interchangeably, however, in some instances “quarrel” may not involve the use of force, and speech can be used when people are quarreling (Collinsdictionary.com, def. 4).
Cultural Definition
The usage of the word in language use depends upon the context. Thus, the word “fight” has numerous definitions according to the context in which it is used. For example, “Malcolm X dedicated his life to fighting racism”. In this context, “fight” means “struggling to overcome an unpleasant situation in the society, with or without the use of force. In addition, “fight” also means to “eliminate” and “to prevent” (Macmillandictionary.com, def. 1).
Personal Interpretation
There are also phrases in English that can help in the understanding of the word “fight”. For instance, “fight fire with fire”. This phrase is used when referring to “revenge”. When a person is attacked by weapons, he or she is also expected to react in a similar manner. Responding to fights using weapons is not considered as “fighting fire with fire”.
Another phrase that can help in defining “fight” is: “fight like a cat and dog” or “engaging in catfights”. These phrases refer to continuous fights that never end.
“Fighting a losing battle” is another example of how the word “fight can be used in phrases talking about different situations or contexts. In this case, “fighting a losing battle” refers to the probability of not registering any success in the fighting activity (Thefreedictionary.com).
Extended Definition
The word “conquer” can also refer to “fight”. “Conquer” can be used to refer to “a single battle”. However, it may also refer to a one-to-one fight or sporting contest. “Conquer” is a more general word than “defeat” and does not imply that the loser (opponent) necessarily acknowledges his defeat in any way. ‘Conquer’ and ‘defeat’ can be used to give a detailed meaning to the word “fight”. The main aim of “fighting” is to defeat and conquer a person or a community (Brainyquote.com, def. 3).
Consider this sentence: “fighting bulls can be dangerous”. The sentence is ambiguous because two meanings can be taken from the sentence. First, “bulls engaging in a fight are dangerous”. Second, “attacking bulls is dangerous to human beings”. The sentence shows how different meanings of “fight” can be inferred depending on the context or situation. Language use is entirely contextual. Meaning of words changes depending on the context in which they are used (Brainyquote.com, def 6).
Finally, “fighting” can be used to present abstract ideas. For example, ideological wars where human beings try to influence the minds of other people can also be referred to as “ideological fights”. Trying to impose thinking on a certain population; to make them think or behave in a certain manner can refer to “ideological fighting”. The cold war was “a fight” of ideas that never used force. In this era, national policies and ideologies were used in “fighting” enemies.
“A free people ought…to be armed” – George Washington.
The study of the legislation of the United States of America is of particular value since many of the projects established in it may cause a double opinion. This happened with the Second Amendment, which allows American citizens to carry guns. Therefore, some people fully support this innovation, believing that it will contribute to raising the level of security. Other people may consider this innovation as a lever to increase armed crime. This work aims to study and substantiate the expediency of the Second Amendment.
First of all, it is necessary to gain an understanding of what a legislative innovation is. The Second Amendment was adopted in 1791 and was part of the Bill of Rights (Lund 81). The basis of this legislative act is that it protects the rights of citizens to bear arms or own weapons such as guns. After its introduction, a positive response was noted since many people still hold the opinion that it provides individuals with the opportunity to protect themselves in cases of extreme threat. Therefore, more and more people and states are currently inclined to believe that it is essential to have weapons for the purpose of self-defense. Sources note that only in a few states, including California, Hawaii, Maryland, Massachusetts, New Jersey, and New York, the possession of weapons should be justified (Halbrook 1). Consequently, it is assumed that during an armed robbery, people will be able to protect themselves with self-defense. At the same time, it is essential to remember that the use of weapons can be justified only in extreme cases.
It is worth emphasizing that there are also quite a lot of doubts about the Second Amendment. Further, most of the opinion is that increasing access to weapons can provoke an increase in armed crime. Research states that “the Second Amendment, like the First, should not be read to protect those who threaten unlawful violence” (Blocher and Vaseghi 112). Therefore, the opposite point of view suggests that this legislative innovation can be interpreted as justifying the use of weapons not for self-defense but in intentional threats and other crimes. Another reason for the controversy is the lack of complete specifics in the language used in the text of the amendment. Hence, it is noted that it is not clear if the legislation protects the rights of people or applies only to military organizations.
In conclusion, this work presented the rationale for the reasonableness of the application of the Second Amendment and its importance to society. This amendment gives citizens of the United States of America the opportunity to own their own weapons while protecting individuals at the legislative level. As an argument, it was said that this part of the Bill of Rights provides an opportunity for citizens to protect themselves in situations of maximum danger when state agencies cannot immediately provide assistance. Additionally, the academic paper provided the opposite opinion, which indicates the inaccuracy of the text of the amendment. Moreover, this view considers the Second Amendment as a driving force for increased crime due to increased access to weapons. Thus, we can say that this issue will be a topic for debate for a long time, but this work supports the opinion about the positive contribution of the Second Amendment to society.
Works Cited
Blocher, Joseph, and Bardia Vaseghi. “True Threats, Self-Defense, and the Second Amendment.” Journal of Law, Medicine & Ethics, vol. 48, no. S4, 2020, pp. 112-118.
Halbrook, Stephen P. “To Bear Arms for Self-Defense: A “Right of the People” or a Privilege of the Few? Part 1.” Federalist Society Review, vol. 21, 2020.
Lund, Nelson. “The Future of the Second Amendment in a Time of Lawless Violence.” Nw. UL Rev., vol. 116, 2021, p. 81.
The paper discusses the interpretation of gunshot residue (GSR) evidence and how it can provide valuable insights into activities associated with the use of a firearm and connect them to a person of interest in a criminal investigation. The paper also outlines the general principles of the interpretation of analytic results and frameworks used by forensic practitioners. It is argued that there are two approaches to the interpretation of GSR evidence irrespective of its origin or methods adopted: formal and case-by-case.
The latter approach is commonly applied by forensic scientists because it helps them to take into consideration specific circumstances of a case. The case-by-case approach to the interpretation of GSR evidence is rooted in the use of the Bayes’ theorem, which allows calculating the likelihood ratios of competing hypotheses. The paper also discusses the details of People v. Robert Blake to show the application of competing propositions at the source and activity levels in the interpretation process.
Introduction
The interpretation of the evidence is at the core of forensic science; therefore, aspiring forensic experts have to utilise coherent, logical frameworks for ascribing meaning to and making inferences about single or multiple items of evidence. It is of utter importance to have a deep understanding of the theory of interpretation to make informed choices of different interpretations pertinent to a particular field of activity. The understanding of competing interpretation frameworks is especially important for judging the validity of firearm discharge residue (FDR) evidence or gunshot residue (GSR) evidence interpretation due to the stochastic process of residues formation (Ditrich 2012).
The aim of this paper is to discuss the interpretation frameworks and issues associated with GSR evidence. The paper will also discuss general principles of evidence interpretation and how they help to arrive at a balanced expert opinion that can be used to inform parties in legal proceedings.
Background
Forensic specialists recognise that interpretations of forensic evidence are prone to the introduction of errors, which can have substantial consequences in legal contexts. It follows that practitioners’ interpretation should be performed within logically-consistent frameworks irrespective of adopted methods (Morrison 2014). The importance of this assertion is emphasised by the fact that the analytical dimension is only one sphere of forensic experts’ interest. The other one is concerned with judicial and investigative aims of the trade, which necessitates the cooperation with numerous stakeholders in the legal process.
The modern forensic science relies heavily on the principles of Bayesian reasoning. These principles allow to reason under uncertainty and communicate results of the reasoning in an effective manner. A forensic practitioner, in the process of interpretation, is guided by the rule derived from the calculation of the likelihood ratio based on the Bayesian model according to which the process cannot be divorced from a framework of circumstances. The framework is formed by the elements of interpretation such as time, actions, and location, among others (Evett et al. 2000). The more certain elements in the framework, the more accurate the interpretation.
The second principle is that the interpretation can only be considered valid if at least two competing hypotheses are proposed and addressed. The third principle calls for considering the probability of evidence at hand with respect to the proposed propositions. The application of these principles should be universal and has to start at the moment when a case is presented to the specialist (Evett et al. 2000).
The evidential interpretation must be impartial; therefore, it is not sufficient to direct analytical lenses at proposition only. To promote clarity and logical reasoning, the hierarchy of propositions must also be considered. Furthermore, the stratification of competing hypotheses helps forensic practitioners to understand two opposite positions—that of prosecution and that of defence (Evett et al. 2000). At the highest level of the hierarchy, a proposition can come in the following form: Mr. Lambert murdered Ms. Smith. A competing proposition can be articulated as follows: some other man murdered Ms. Smith.
At the activity level, forensic experts should consider circumstances of a case in order to form the two opposite hypotheses: Mr. Lambert discharged a murder weapon, and some other man discharged the weapon. At the lowest level of the hierarchy of proposition, it is necessary to consider the following two hypotheses: the trace recovered from the suspect, weapon, or the crime scene are GRS, and the trace is not GRS. Forensic specialists with extensive experience recognise that the creation of propositions is the most challenging part of the evidential interpretation process.
When interpreting evidence, it is not sufficient to provide verbal support to one of two hypotheses; rather, it is necessary to quantify their likelihood ratios. The magnitude of the ratios reflects the support for each proposition. Such numerical values, which are calculated with the help of the Bayesian equation, are extremely important for reporting evidence’ weight (Morelato et al. 2012). The equation, its role in forensic science, and its application to the evaluation of competing hypotheses will be discussed at length in the following section of the paper.
Interpretation of GSR Evidence
GSR Evidence
GSR refers to discharge materials produced by the explosion of a cartridge during a firearm discharge (Chang et al. 2013). GSR is comprised of discrete burnt and unburnt products arising from the propellant, the primer, the cartridge case, the bullet, and the firearm (Chang et al. 2013). GSR produced by the primer is referred to as inorganic GSR or IGSR; GSR stemming from the propellant is called organic GSR or OGSR. Given the extreme scale of the force with which volatile, gaseous particles exit the firearm’s muzzle, the majority of them is deposited on the target.
However, since GSR also escapes other openings of the weapon such as the ejection pot and breach area, it can be detected on other surfaces that include, but are not limited to, the shooter’s hands close, and hairs as well as other objects in the vicinity of the discharge (Morelato et al. 2012). The distribution of GSR is affected by numerous factors the key of which are the location, barrel length, distance from the culprit, time ager shooting, the ammunition, and weapon type (Ditrich 2012).
When it comes to the interpretation of GSR evidence, the primary focus of forensic specialists is to classify it as IGSR. The sub-source level classification deals with the uncertainty of origin attribution regardless of the case under consideration. It has to do with the fact that the residue can be attributed to environmental sources. Another level of the forensic expert’s task concerns the persistence of the particles and the risk of secondary transfer (Charles & Geusens 2012). Thus, the role of the practitioner is to arrive at expert opinion on GSR evidence by taking one of two interpretative routes: formal approach and case-specific approach.
Formal Approach
The formal approach to the interpretation of GSR evidence was developed in 1979 by Wolten and associates who classified particle composition and morphology (Maitre et al. 2017). The seminal research conducted by the scholars resulted in the emergence of formal classification standards such as those produced by the American Society for Testing and Materials (ASTM). Forensic practitioners used to compare their results to classifications of characteristic particles described in standard guides to make expert conclusions. Given that each case’s specific conditions were not considered during the interpretation, this approach was dubbed as formal by Romolo and Margot (2001).
Under the formal framework, the characterisation of GSR is performed through scanning electron microscopy (SEM) with the help of an attached energy dispersive X-ray spectrometer (EDX). The analytical focus of SEM/EDX investigations is on special surface layers of GSR, which allowed to make judgements about its morphology and microstructure (Sturm, Schartel & Braun 2012). The interpretation of GSR evidence with the help of ASTM guidelines revolves around the “difference between the court questioning and the conclusions reached by the forensic scientists” (Maitre et al. 2017, p. 3). Whereas the courts interested in the activities before, during, and after the discharge of the firearm, forensic specialists taking the formal approach to the interpretation focus on the source of GSR.
Taking into consideration the fact that evidence related to a specific case is not compared to all amount of recovered residue in order to prove that more than several particles fall under the criteria specified in classifications, the interpretation can be misleading. The lack of OGSR information also affects the interpretation of the evidence. Benito et al. (2015) argue that the use of lead-free ammunition further complicates GSR interpretation through the formal approach. Therefore, an alternative, case-by-case approach has emerged.
Case-by-Case Approach
The approach was proposed by Romolo and Margot (2001), who took an issue with the formal framework for its inability to interpret GSR evidence in the context of a particular case’s circumstances. The case-by-case approach presupposes the comparison of residue particles with the specific ammunition with respect to conditions of a case. The approach is rooted in the framework of Bayes’ theorem; therefore, it is also referred to as Bayesian approach.
To achieve impartiality of the evidential interpretation of GSR, the theorem’s requirement to use at least two mutually exclusive hypotheses is used: two samples of GSR are derived from the same source, and two samples of GSR are derived from different sources (Hannigan et al. 2015). The comparison of residues presupposes that their chemical composition consists of several classes, which accounts for substantial variabilities.
The following equation shows the application of Bayes’ theorem to the interpretation of evidence.
The application of the theorem to the interpretation of GSR evidence necessitates the calculation of “prior probabilities that concern the first degree of belief of stakeholders about each proposition” (Maitre et al. 2017, p. 3). The two hypotheses in the equation are Hp (prosecution) and Hd (defence). E represents evidence; I represents circumstances of a particular case.
The calculation of the likelihood ratio (LR) allows determining to what degree the evidence corresponds to one of the two hypotheses and measures its ability to discriminate between them. By applying the ratio, it is possible to translate the jury opinion into their final conviction with respect to a case. When conducting LR assessment, the forensic specialist has to consider relevant circumstances (I). Details about these circumstances can be derived from the person of interest, police, witnesses, or investigator, among others.
Information about the circumstances of a case can influence evidential interpretation; therefore, whenever new details emerge, the LR assessment has to be changed correspondingly. The generation of the two hypotheses prior to the completion of the results of an analysis is another principle that guides forensic practitioners working under the case-by-case framework. The assessment also involves the application of analytical analysis that produces evidence (E) with respect to the two propositions.
Hierarchy of propositions
The interpretation of GSR evidence involves the development of several competing propositions that can be classified into three levels: the source level, the activity level, and the offence level (Maitre et al. 2017). The offence level represents the highest order of questioning. It necessitates the assessment of information that is the most cases is not available to forensic practitioners and falls under the remit of triers of fact; therefore, its discussion is not included in the paper.
At the source level, the simplest question that should be asked is whether the recovered trace represents GSR. Thus, the aim of the evidential interpretation with respect to Hp is to assess the degree of compatibility between the recovered material and what is considered GSR. From this vantage point, it is clear that the competing proposition should claim that the material is not connected with the discharge under consideration.
Taking into consideration the fact that GSR or particles that resemble them can be produced by a variety of legal activities and environmental sources, it is important to have Hd proposition (Morelato et al. 2012). If the firearm and ammunition have been found during the investigatory process, it is necessary to consider whether or not the recovered residue corresponds to the GSR produced by the same ammunition and weapon as a reference (Morelato et al. 2012). Thus, the source level hypotheses deal with alternative sources of GSR.
Activity level propositions concern actions taken by the suspect prior to, during, and after the event under consideration. It is clear that the second level propositions represent the chronological dimension of the interpretive process. To take into account this dimension, the forensic expert has to assess the transfer and persistence of GSR. To form competing propositions, the specialist should have additional information about the deposition of the residue, its retention, and the time of the event (Morelato et al. 2012).
Secondary transfer is the parameter that should be considered by the forensic practitioner during the process of evidentiary evaluation because the presence of the trace is only indicative of the fact that the suspect handled the firearm. However, the presence itself does not confirm the fact because it can be explained by accidental contamination. Even though the probability of such a scenario is extremely small (0.02 for each of 3 particles (Pb-Ba-Sb)), it should not be disregarded by practitioners (Hannigan et al. 2015). Currently, there is no evidence of the secondary transfer of OGSR (Hofstetter et al. 2017).
When it comes to the persistence of GSR, it is important to understand whether or not circumstances of a case corresponding to the results. Specifically, it is important to established temporal connections between the alleged activity of the suspect and the sampling. Therefore, the second component that has to be considered by the practitioner is the persistence of GSR. By accounting for the component, it is possible to establish whether the trace has been left prior to or after the alleged activity of the person of interest. The persistence and variability of IGSR particles are used under the Bayesian approach because their characteristics tend to change with time. For example, the number of particles diminishes rapidly in the first 30 minutes after the discharge (Morelato et al. 2012). It follows that the inclusion of the component in LR calculations is of utter importance for proper evidential interpretation. The persistence of OGSR has not been sufficiently studied (Gallidabino et al. 2013).
People v. Robert Blake
The case involved Robert Blake, who was accused of discharging his weapon twice at his wife Bonnie Lee Bakley (Sweetingham 2005). The shots were fired from outside of the victim’s car. The suspect claimed that he was sitting next to his wife when the event occurred. The police did not take any precautions to ensure that the suspect’s hands were not contaminated when he was in their custody. His clothing was also open to contamination. At the time of the homicide, Blake carried a firearm other than the murder weapon (Burnett 2014). There were no witnesses of the event.
Murder Weapon
The murder weapon was a vintage 9 mm Walther pistol (Burnett 2014). At the source level, it was necessary to determine whether or not the weapon left the GSR on Blake’s hand. The investigators failed to recognise that it was not sufficient to show that the match of samples from the hand and clothes of the suspect indicate his involvement in the homicide. The process of evidential interpretation was conducted without the analysis of the elemental composition of the residue produced by the combination of the murder weapon and ammunition found near the scene. Instead, the investigators concentrated on “whether or not it produced breech GSR” (Burnett 2014, p. 125).
Prior to test firing, the weapon was cleaned with isopropyl alcohol, which was followed by the firing of lead-free ammunition (Burnett 2014). Therefore, the possibility of the sampling of the particle’s composition before the test was precluded. The casings from the crime scene were not sampled. It is clear that at the source level, it was necessary to show that there was a connection between the trace recovered from the suspect’s hands and the casings.
GSR from Hands and the Vehicle
The vehicle in which the homicide had been committed was sampled; the samples were examined with the help of SEM/EDS analysis. GSR samples from the suspect’s right hand showed five consistent characteristics, whereas the left hand revealed only one GSR particle (Burnett 2014). The samples revealed that GSR’s main features were aluminium, lead, antimony, and barium. However, aluminium could not be produced by the cartridges found at the crime scene, which suggested that it was an ingredient from ammunition that had been previously fired from the murder weapon.
Police Environment
Blake was apprehended by the police and delivered to the police station. Unfortunately, the police officers did not take the necessary precautions to ensure that he was not exposed to contamination in the police car or the station itself before the sampling was done. In addition, more than three hours elapsed between the shooting and the sampling.
Contamination plays an important role in the evidential interpretation of GSR. It has to do with the fact that particles of lead, barium, and antimony can be produced by numerous sources. For example, there are many sources of environmental pollution that can produce IGSR-like particles: welding processes, paints, and varnishes, among others (Morelato et al. 2012). A study conducted by Grima et al. (2012) explored the possibility of GSR contamination from fireworks. The findings of the study suggested that “some particles if treated individually were found to be indistinguishable from GSR” (Grima et al. 2012, p. 49).
The resemblances in morphology and shape between the two types of residue are attributed to the similarities in firing conditions. This fact has given rise to numerous independent lines of investigation challenging the evidential value of IGSR. A corollary is that the use of ASTM GSR criteria in the process of evidential interpretation should be abolished in favour of the case-by-case approach. Furthermore, it follows that the reference GSR population from the crime scene is absolutely necessary to determine the source of residue (Grima et al. 2012).
Automobiles are also known to produce particles similar to IGSR. Specifically, Pb-Ba-Sb is associated with automobile-related activities (Morelato et al. 2012). Brake pads can produce Pb-Ba-Sb particles; however, their morphology is usually angular. Airbag explosions can also deposit particles that can be confused with IGSR by forensic practitioners without sufficient experience. The findings of a recent study by Brozek-Mucha (2015) suggest that welding fume particles stemming from steel and aluminium alloy welding resemble IGSR. However, the study suggests that even though single particles containing aluminium, lead, and titanium are similar to those produced by the discharge of a firearm, the presence of iron and iron oxide particles in a large population can indicate their origin (Brozek-Mucha 2015). It means that forensic specialists should be cognizant of this fact while evaluating the evidential value of one or several particles.
Implications
The amount of the residue on the suspect’s hands was twenty times lower than could have been expected, given that no washing of hand was involved (Burnett 2014). Furthermore, the suspect was apprehended in only three hours after the shooting, which means that the lack of residue cannot be ascribed to deterioration. It shows that when interpreting the evidence at the activity level, forensic specialists had to recognise a lack of correspondence to the circumstances of the case. Burnett (2014) argues that even though several IGSR particles were recovered from Blake’s hands, their number should have approached 97. Therefore, the persistence of IGSR played a prominent role in the interpretation of the evidence in the case.
Conclusion
The paper has discussed the evidential interpretation frameworks and principles applicable to GSR. General principles of the interpretation of the analytical results of a forensic investigation have also been outlined in the paper. It has been argued that a case-by-case or Bayesian approach is superior to the formal framework used for GSR interpretation because it helps to align the process with both circumstantial elements of a case and judicial aims. To exemplify the contribution of GSR evidence to the investigative and interpretation processes, People v. Robert Blake was used.
Reference List
Benito, S, Abrego, Z, Sanchez, A, Unceta, N, Goicolea, MA & Barrio, RJ 2015, ‘Characterization of organic gunshot residues in lead-free ammunition using a new sample collection device for liquid chromatography-quadrupole time-of-flight mass spectrometry’, Forensic Science International, vol. 246, pp. 79-85.
Burnett, B 2014, ‘The gunshot residue evidence of People v. Robert Blake’, in Scanning Microscopies conference proceedings, Monterey, California, CA, pp. 121-134.
Chang, KH, Jayaprakash, PH, Yew, CH & Abdullah, AFL 2013, ‘Gunshot residue analysis and its evidential values: a review’, Australian Journal of Forensic Sciences, vol. 45, no. 1, pp. 3-23.
Charles, S & Geusens, N 2012, ‘A study of the potential risk of gunshot residue transfer from special units of the police to arrested suspects’, Forensic Science International, vol. 216, pp. 78-81.
Ditrich, H 2012, ‘Distribution of gunshot residues—the influence of weapon type’, Forensic Science International, vol. 220, pp. 85-90.
Evett, IW, Jackson, G, Lambert, JA & McCrossan, S 2000, ‘The impact of the principles of evidence interpretation on the structure and content of statements’, Science & Justice, vol. 40, no. 4, pp. 233-239.
Gallidabino, M, Weyermann, C, Romolo, FS & Taroni, F 2013, ‘Estimating the time since discharge of spent cartridges: a logical approach for interpreting the evidence’, Science & Justice, vol. 53, no. 1, pp. 41–48.
Grima, M, Butler, M, Hanson, R & Mohameden, A 2012, ‘Firework displays as sources of particles similar to gunshot residue’, Journal of the Charted Society of Forensic Sciences, vol. 52, no. 1, pp. 49-57.
Hannigan, TJ, McDermott, SD, Greaney, CM, O’Shaughnessy, J & O’Brien, CM 2015, ‘Evaluation of gunshot residue (GSR) evidence: surveys of prevalence of GSR on clothing and frequency of residue types’, Forensic Science International, vol. 257, pp. 177-181.
Hofstetter, C, Maitre, M, Beavis, A, Roux, CP, Weyermann, C & Gassner, AL 2017, ‘A study of transfer and prevalence of organic gunshot residues,’ Forensic Science International, vol. 277, pp. 241-251.
Maitre, M, Kirkbride, KP, Horder, M, Roux, C & Beavis, A 2017, ‘Current perspectives in the interpretation of gunshot residues in forensic science: a review,’ Forensic Science International, vol. 270, pp. 1-11.
Morelato, M, Beavis, A, Ogle, A, Doble, P, Kirkbride, P & Roux, C 2012, ‘Screening of gunshot residue using desorption electrospray ionisation-mass spectrometry (DESI-MS)’, Forensic Science International, vol. 217, no. 103, pp. 101-106.
Morrison, GS 2014, ‘Distinguishing between forensic science and forensic pseudoscience: testing of validity and reliability, and approaches to forensic voice comparison’, Science and Justice, vol. 54, pp. 245-256.
Romolo, FS & Margot, P 2001, ‘Identification of gunshot residue: a critical review’, Forensic Science International, vol. 119, pp. 195-211.
Sturm, H, Schartel, B & Braun, WU 2012, ‘SEM/EDX: advanced investigation of structured fire residues and residue formation’, Polymer Testing, vol. 31, pp. 606-619.
Statutory interpretation is a mechanism for establishing the meaning of the legislation. Courts in the United Kingdom rely on various aids to statutory interpretation, including the Hansard. Hansard is the title that is commonly understood by many in the United Kingdom and other Commonwealth countries to refer to transcripts of the debates of the parliament. The title emanated from Thomas Curson Hansard who was a renowned London printer and publisher before 1833. Ordinarily, the Hansard captures these debates verbatim. For a long time, according to Magyar (2012), Hansard records could not be relied on as aids to statutory interpretation by a court of law. In Davis v Johnson (1978) 2 WLR 21, the House reprimanded Lord Denning for referring to the Hansard when rendering a judgment in the same case earlier in the court of appeal.
In 1993, this position was overturned when the same House of Lords decided that the Hansard could serve as an interpretation aid to courts. Lord Brown Wilkinson (in Davis v Johnson (1978) 2 WLR 21 stated that parliamentary material should be authorized for use as an aid to the construction of the legislation in question is ambiguous or obscure. According to Jha (2012), the purposive approach to statutory interpretation is relied on by courts when they wish to understand the rationale as to why a law was passed. The common understanding is that every law is passed to address particular mischief in society. As Lord Griffiths stated, courts of law are barred by time from relying on the literal interpretation of legislation. In pursuit of the purposive approach thus, Seidenfeld (2013) asserts that courts have found themselves seeking the guidance of extraneous materials, among them, the Hansard.
The Use of the Hansard (in the UK) as an Aid to Statutory Interpretation
Ordinarily, parliamentarians put the minister (at the time of tabling a bill to the parliament) to the task to explain the rationale behind the bill. According to Bell (2013), this explanation effectively becomes the rationale behind the piece of legislation. Many courts believe that the use of the Hansard aids the legal process, hence facilitating in rendering justice. As Lord Denning argued, courts’ move to avoid consulting the Hansard was tantamount to “groping in the dark” attempting to comprehend the rationale of an Act. Today, as Goldswain (2012) reveals, it is a commonly accepted practice that the Hansard can be considered by courts, particularly where the wordings of the legislation in question are either ambiguous or obscure. Moreover, where the wordings of an Act may occasion an absurdity, recourse is made to the Hansard.
On the other hand, some scholars such as Costelloe (2015) feel that resorting to the Hansard brings with itself various difficulties. It is the feeling of various commentators that parliamentary material is unreliable for use in a court because intentions regarding why a law is being passed may not be constant but subject to change throughout the enactment process. Therefore, according to Costelloe (2015), a court that dwells on the intentionalist approach will incur challenges discerning the intent that carries more relevance relative to the other. Further, relying on parliamentary records limits the court’s ability to think independently, hence diminishing its role as the interpreter of legislation. According to Magyar (2012), Lord Wilberforce argues that this practice degrades the interpretive role of the court to the extent that it functions merely as a mirror of the agency that sponsored a bill to the parliament. Therefore, courts have a limited opportunity to think critically regarding the context and general scheme of such legislation. This situation implies that the courts will even avoid reading the Act as long as the legislative history is available and/or can be reverted to. Subsequently, the practice itself becomes a limitation of the court’s freedom to act independently of the other two arms of the government.
The process of determining the intention of the parliament is lengthy and time-consuming. According to Davis (2012), courts spend unnecessarily long periods perusing volumes upon volumes of the Hansard. Consequently, the adjudication process takes much longer than anticipated. Every time the Hansard is involved, a mini case emerges as the merits and demerits of relying on the said parliamentary records are debated. Importantly, the records of the Hansard demonstrate opposing views by parliamentarians often based on their political party. This biased opposition becomes an impediment to courts that seek to establish the rationale behind some legislation. The result of the extended adjudication process is that the backlog becomes a major cause of concern for the courts. Additionally, courts incur additional costs in the process of relying on external aids.
Those opposed to using the Hansard believe that it promotes confusion rather than certainty. According to Dharmananda and Firios (2015), Lord Scarman described the Hansard as ‘unreliable material’ that should not be used to guide the courts. Ambiguity is often associated with extrinsic aids to statutory interpretation. Given the ‘bias’ aspect of the Hansard, it can be manipulated by opposing solicitors or barristers to advance either side of their case. Lawyers are often looking for doubts on the applicability of a statute to advance their client’s case. Incidentally, judges appear conflicted regarding what constitutes an ambiguous phrase. For this reason, some judges distrust the Hansard, a state that further raises difficulties regarding its usability in a court.
However, Peper v Hart (1992) 1 UKHL 3 lays down a clear direction, namely, the ambiguity requirement, regarding when the Hansard should be considered. The ‘plain meaning rule’ requires statutes to be interpreted as per the obvious connotation. The rule helps to limit the scenarios where recourse can be made to the Hansard. As such, courts may not have trouble when applying evidence obtained from the Hansard. Conversely, courts have an easy time discerning the rationale of a statute since an indicative framework is already in place.
The reference to the Hansard is not necessarily an ‘expensive luxury’ nor is it as time-consuming as opined by the opponents of the practice. Parties to a case often have an opportunity to decide which material they are going to rely upon in prosecuting their case. If then it emerges that they need to refer to the Hansard, they can be requested by the court to arrange for the extra costs occasioned by the process. According to Costelloe (2015), in an adversarial system, the court operates based on the evidence tendered by the opposing parties in a case. As such, these parties should shoulder the expenses incurred in referring to the Hansard.
The opponents of relying on Hansard in court argue that perusing and printing out the parliamentary records is a costly process. While the aspect of increased costs is a reality, the extent to which these opponents portray is untrue. Presently, these records are available on the internet, owing to modern technology. As such, they can be accessed through keyword searches. This strategy makes its retrieval much easier compared to the situation in the past. Hence, while the “excessive cost” argument may have been sustained at the time of Peper v Hart (1992) 1 UKHL 3, the scenario is different today. Similarly, the argument that accessing these records is time-consuming cannot be true in the internet times. Conversely, the Hansard is a readily available aid to statutory interpretation that facilitates courts with the expeditious dispensation of cases. Again, as Magyar (2012) points out, opponents may argue that electronic records do not cover the entire Hansard. While this argument is true, the reality of legislation is that statutory interpretation is usually required for laws that have been passed much recently during the internet era. These records can be traced with limited costs and time, hence serving to promote the rapid dispensation of justice in courts.
Have the Courts found the Hansard a Useful Guide to the Interpretation of Statutes?
The question of whether the English courts find the Hansard a useful guide in their interpretation of statutes cannot possibly be answered with a simple yes or no. Instead, it requires consideration to be made of major factors relevant to the debate regarding the usefulness of the Hansard as an extraneous aid to statutory interpretation. As observed earlier, the rule in Peper v Hart (1992) 1 UKHL 3 allowed a narrow opportunity for the reliance on the Hansard. Hence, according to Bartie and Gava (2012), instances are few in which the parliamentary records find their way to the courts. However, as rare these instances might be, some feel that explanatory notes from the parliament should not have to be used in the courts. One of the many excuses advanced by this group of legal scholars is that they diminish the independence of the judiciary. Others opine that relying on the Hansard presents various benefits.
One of the benefits achieved by relying on the Hansard is its capacity to eliminate the ambiguity found in some laws. As evidenced in the Peper v Hart (1992) 1 UKHL 3 case, the court found it useful to have to seek guidance from the Hansard on the rationale behind a tax law. The house of lords was faced with the task of deciding whether a private school teacher was required to pay tax where his pay had been derived from decreased school fees. Because the Act was unclear, further guidance had to be sought from the lawmakers who then opined that it was not the intention of the minister (at the time of drafting the law) to include the teacher as a taxpayer under the law. This instance, which gave way to the exclusionary rule, is one of the numerous scenarios where the court has benefited from the Hansard when dealing with absurd legislations.
Based on Melluish v BMI (No. 3) (1996) 1 AC 454 case, relying on the Hansard assists the court to observe and/or act in line with the intention of the parliament. According to Davis (2012), while the principle of separation of powers recognizes the three arms of government as equal, the parliament represents the will of the people because members of the legislative body are directly elected by the people to represent their wishes in the government. At the same time, the court’s role is to ensure that the existing legislation is interpreted in the best interest of the people. Hence, by observing the will of the parliament, the courts are being sensitive to the wishes of the people. Further, this sensitivity enforces the supremacy of the parliament. In other words, the responsibility of the parliament as the sole lawmaker in the UK is emphasized.
Notwithstanding, relying on the Hansard impedes the usual way in which courts hear and determine cases. As Lord Mackay suggested in Peper v Hart (1992) 1 UKHL 3, reference to the Hansard only allows prolonged examination of unnecessary material by lawyers. As a result, Dharmananda and Firios (2015) assert that valuable court time is wasted, thus leading to the backlog of cases. At the same time, the court is forced to invest in this unnecessary exercise with little or no benefit realized. Furthermore, according to Goldswain (2012), a reference to the Hansard in itself denies courts the opportunity to exercise its independence from both the executive and the parliament. Finally, according to Anderson (2014), the recourse to the Hansard encourages bias over the objectivity that courts are associated with because the process involves considering different opinions based on political parties by the elected parliamentarians. As such, little or no benefit is realized from the reliance on parliamentary records.
Conclusion
Recourse to the Hansard by the English courts is seen as both beneficial and unnecessary. Opponents believe that it prolongs the court process while also increasing the cost of litigation. Additionally, it is contended that having to refer to the parliamentary records diminishes the role of courts to act as independent interpreters of laws. On the other hand, proponents believe that relying on the Hansard assists the court to consider the true intent of the parliament regarding the legislation in question, hence promoting parliamentary supremacy.
Reference List
Anderson, J 2014, ‘Misreading like a lawyer: a cognitive bias in statutory interpretation’, Harvard Law Review, vol. 127, no. 6, pp. 1522-1592.
Davis, F 2012, ‘Parliamentary supremacy and the re-invigoration of institutional dialogue in the UK’, Parliamentary Affairs, vol. 67, no. 1, pp. 137-150.
Goldswain, G 2012, ‘Hanged by a comma, groping in the dark and holy cows-fingerprinting the judicial aids used in the interpretation of fiscal statutes’, Southern African Business Review, vol. 16, no. 3, pp. 30-56.
Jha, K 2012, Examining the current importance of Pepper v. Hart. Web.
Magyar, J 2012, ‘The evolution of Hansard use at the Supreme Court of Canada: a comparative study in statutory interpretation’, Statute Law Review, vol. 33, no. 3, pp. 363-389.
Melluish v BMI (No. 3) (1996) 1 AC 454.
Peper v Hart (1992) 1 UKHL 3.
Seidenfeld, M 2013, ‘A process failure theory of statutory interpretation’, William & Mary Law Review, vol. 56, no. 2, pp. 467-530.
Ever since the United States first drafted and ratified the Constitution, the argument over the correct way to legally and morally interpret its original text determined the decisions on the most influential cases. Some of the United States’ most groundbreaking and famous cases have been debated by the United States Supreme Court regarding the legal interpretation of the Constitution regarding the issue at hand. Brown vs. The Board of Education, Bostock vs. Clayton County, and Dobbs vs. Jackson had become a significant landmark case in the United States that has been debated due to the proper legal interpretation of the original meaning in the United States Constitution. The Supreme Court’s historical ruling over the case of Brown vs. The Board of Education of Topeka, Kansas, declared that it was unconstitutional for schools to segregate children based on their skin color.
Justice Antonin Scalia would argue that the originalist approach is the proper way to interpret the text written in the United States Constitution and that what is written must mean exactly what it says. A more objective approach can be found through Ronald Dworkin’s argument that a society can be wrong about interpreting the Constitution if not analyzed with political philosophy. Even though the legislature’s intent is essential in interpreting the law, it is not the only factor. The law should be considered in conjunction with the text of the law and the broader context in which it is applied, which corresponds to Dworkin’s perspective.
Discussion
The judge’s responsibility is to interpret the law precisely word by word. In Antonin Scalia and Gutmann, A Matter of Interpretation: Federal Courts and the Law (2018), chapter 1, “Intent of the Legislature,” Scalia argues that the primary goal of legal interpretation should be to determine the intent of the legislature. He contends that this approach is necessary to uphold the rule of law and prevent judges from imposing their personal beliefs on it. The author claims, “A text should not be construed strictly, and it should not be construed leniently; it should be construed reasonably, to contain all that it fairly means” (Scalia and Gutmann 13). In his view, judges should strive to understand the original public meaning of the law when it was enacted and should not engage in creative interpretation that deviates from it.
However, in his Comment on Scalia’s book, Ronald Dworkin argues that the text of the law should be the primary factor in interpretation. He argues that the text of the law is the most objective source of information about its meaning. Thus, judges should strive to apply the law as it is written rather than attempting to infer the intent of the legislature (Scalia and Gutmann 69). This debate is particularly relevant in cases such as Bostock v. Clayton County, Brown v. Board of Education, and Dobbs v. Jackson. In Bostock v. Clayton County (2020), the Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity. In reaching this decision, the Court considered the text of the law, which prohibits discrimination based on sex, as well as the broader context in which the law was enacted and the legislature’s intent.
The Constitution also guarantees all citizens equality in the interpretation of the law. Similarly, in Brown v. Board of Education (1954), the Supreme Court considered the text of the Fourteenth Amendment, which guarantees equal protection under the law, in determining that segregation in public schools is unconstitutional. Moreover, in Dobbs v. Jackson (1986), the Court considered the text of the Equal Protection Clause in holding that a state law requiring women to pay higher car insurance premiums than men is unconstitutional. In conclusion, while the legislature’s intent is vital in interpreting the law, there are other factors besides this. It should be considered in conjunction with the text of the law and the broader context in which it is applied. This approach is necessary to ensure that the law is applied fairly and consistently, as demonstrated by cases such as Bostock v. Clayton County, Brown v. Board of Education, and Dobbs v. Jackson.
Additionally, the question of how to interpret laws and constitutional provisions is a complex one that has been the subject of much debate among legal scholars. In his book A Matter of Interpretation: Federal Courts and the Law, Supreme Court Justice Antonin Scalia argues that the legislature’s intent should be the primary factor in interpreting the law. He writes that the text is the essence of the law, and people should interpret every word from it because it has a precise meaning. However, only some agree with this approach. In his comment on Scalia’s book, Ronald Dworkin argues that the text of the law should be the primary factor in interpretation. He describes it in the following words: “fixed by the best interpretation of the language it used, not by what some proportion of its members wanted or expected or assumed would happen” (Scalia and Gutmann 118). Therefore, the precision in the approach to interpretation and focus on the language is the primary concern for Dworkin.
Segregation of students based on their skin color was the consequence of broad interpretation of the law’s text. This debate is particularly relevant in landmark cases such as Bostock v. Clayton County, Brown v. Board of Education, and Dobbs v. Jackson. In Bostock v. Clayton County, the Supreme Court ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, also prohibits discrimination based on sexual orientation and gender identity. Similarly, in the landmark case of Brown v. Board of Education, the United States Supreme Court ruled that segregation in public schools violated the Constitution (Fortson, 253). Instead, the Court relied on the principle of equal protection of all citizens who abide by the law and the broader context of the Civil Rights movement to reach its decision. In contrast, Dobbs v. Jackson was a case in which the Supreme Court ruled that a state law requiring a person to show good cause before being granted a concealed weapon permit was constitutional. In this case, the Court relied heavily on the intent of the legislature, as well as the text of the law, to reach its decision.
Moreover, in his book A Matter of Interpretation: Federal Courts and the Law, Justice Scalia presents a vigorous defense of the textualist approach to legal interpretation. He argues that the primary goal of legal interpretation should be to determine the original public meaning of the law at the time it was enacted (Scalia and Gutmann 28). He states that judges should strive to apply the law as it is written rather than engaging in creative interpretation that deviates from this meaning (Scalia and Gutmann 28). This approach, he argues, is necessary to uphold the rule of law and prevent judges from imposing their personal beliefs on the law (Siegel n.p.). In contrast, Dworkin argues that the text of the law should be considered in conjunction with the broader context in which it is applied (Scalia and Gutmann 30). Therefore, he argues that the text of the law is only sometimes clear and that judges must sometimes consider the intent of the legislature and the broader implications of their decisions to apply the law in a fair and just manner.
In “A Matter of Interpretation: Federal Courts and the Law,” Richard T. Bowser discusses the various approaches to legal interpretation that judges have adopted throughout history. He examines the theories of Scalia, Dworkin, and other scholars and explores how these theories have been applied in real-world cases (Scalia and Gutmann 209). One of the critical themes of Bowser’s book is the idea that the approach to legal interpretation taken by judges can profoundly impact the rights and freedoms of individuals. Bowser emphasizes the importance of judicial independence in legal interpretation. He argues that judges should be free from political influence and have the ability to make decisions based on their understanding of the law without fear of retribution (Bowser 219). Overall, A Matter of Interpretation: Federal Courts and the Law provides a comprehensive overview of legal interpretation theories and debates and offers valuable insights into how these theories have been applied in real-world cases.
The critical issue is whether Justice Scalia had an articulated theory of interpretation. Lawson examines how Scalia’s approach to legal interpretation has been applied in real-world cases. According to him, Scalia’s approach to legal interpretation can be described as “textualism” (Lawson 2). This approach emphasizes the importance of the text of the law in determining its meaning and seeks to apply the law as it is written without attempting to infer the legislature’s intent. Though the text of the law may be unclear or ambiguous, judges may need to consider other factors, such as the legislature’s intent or the broader implications of their decisions, to arrive at a fair and just interpretation of the law (Lawson 14). It shows that many factors can influence how judges interpret the law.
Ultimately, the approach to constitutional interpretation taken by judges can significantly impact the rights and freedoms of individuals. In some cases, a strict interpretation of the Constitution may limit the ability of the government to address pressing social issues. At the same time, a more flexible approach may allow for greater judicial flexibility and responsiveness to changing societal needs (“Constitutional Interpretation”). In addition to the theories discussed above, many other factors can influence the way that judges interpret the Constitution, including the political and social climate at the time of the decision, the personal backgrounds and experiences of the judges, and the specific legal issues at stake in the case (“Constitutional Interpretation”). As such, the process of constitutional interpretation is complex and multifaceted and continues to be the subject of ongoing debate and discussion among legal scholars.
Legal interpretation involves determining the meaning of a law or constitutional provision to apply it in a specific case. There are different approaches to legal interpretation, and scholars and judges have debated which approach is the most appropriate. One approach, advocated by Antonin Scalia, is to prioritize the legislature’s intent in interpreting the law (Berkmanas 174). This approach involves attempting to understand the original public meaning of the law. Another approach, advocated by Ronald Dworkin, is to prioritize the text of the law in interpretation (Solan 285). This approach involves applying the law as written rather than attempting to infer the legislature’s intent.
Both approaches have strengths and limitations; for instance, the legislature’s intent can provide valuable context for understanding the law. Still, it may only sometimes be precise or consistent and may not necessarily reflect the values and principles the law intends to uphold. On the other hand, focusing on the text of the law can lead to a more accurate and consistent application of the law. Still, it may not consider the broader context in which the law is being applied or the values and principles that the law is intended to uphold (Berkmanas 179). Judges need to consider both the text of the law and the broader context in which it is being applied. They should also emphasize the values and principles that the law is intended to uphold, to ensure a fair and consistent application of the law. This approach is exemplified in cases such as Bostock v. Clayton County, Brown v. Board of Education, and Dobbs v. Jackson, in which the courts considered various factors in interpreting the law.
Conclusion
The ideas of Scalia and Dworkin continue to be the subject of ongoing debate and discussion among legal scholars. Overall, it is clear that the legislature’s intent is an essential factor in interpreting the law. However, it is not the only factor and should be considered in conjunction with the text of the law and the broader context in which it is applied. This approach is necessary to ensure that the law is applied fairly and consistently. While the legislature’s intent is essential in interpreting the law, it is not the only factor to consider. The legislation should be regarded in conjunction with the text of the law and the broader context in which it is applied.
The Sarajevo war had a lot of effects on the residents of Sarajova. The news footage of the 1994 Sarajevo marketplace massacre and the Bosnia war was interpreted differently. During this war so many people lost their lives and so many buildings were destroyed. For instance the Bosnia and Herzegovina parliament office was also destroyed during this war. It was open that during this year, Muslims kept staging massacres and this was to enable the Muslims to gain sympathy of the western media and as a result, push the west to enter the conflict on their side. In Sarajevo the Bosnia army provoked the Serbs daily.
During the same year, the Bosnia army jumbled another step forward by launching infantry attacks from Sarajevo towards the Serb-held suburbs of the city and this army immediately started attacking the Serbs from a safe area.Eventaully, these Serbs retaliated. As a result, the Bosnia president appealed for air strikes against the Serb guns. This was a report by the CNN about the truth of Sarajevo market place. There was a lot of conflict during this war which affected so many lives of these people but according to the news report, two different stations reported the war differently. (McCabe, 1992).
The video from the French news report from Sarajevo reported the events in Sarajevo in a different way from how people know the information about the war. In comparison to the CNN report. This shows that some of the news broadcasts don’t usually give the correct information on these events for instance the Sarajevo war. As a result, this can peoples opinions of what is happening in the world. Different news broadcast stations usually give different reports on the same story.
The similarities between the two news reports were the wide impact the war had to the residents of Sarajevo. The war affected so many people in that country and also had so many impacts to that economy. There were also many injustices which are also reported differently from these stations and are committed on people based on their religion, race, gender, sexual orientation among others. The Sarajevo market place massacre and the Bosnia war led to so many people shedding their blood as can be shown in the picture below. Unfortunately, the reports about the war were reported differently to the public.
Another report on the Sarajevo market place massacre is by the wall street journal. The report was that Rajhis bank has been supporting the Wahhabi groups around the world. Their most prominent bases are Bosnia and Kosovo. They reported on firefights which the Serbian police had in the south Serbia where the Islamic were trying to extend their influence. (McCabe, 1992).
Negativity has a role to play in the way stories are reported. This is because if the reporter has a negative attitude or is sensitive about that event, then you find that the story is going to be reported differently. As a result, the whole meaning of that story is left. There are certain similarities when reporting these events. You normally find that the real fact of the event is brought but with a different meaning altogether. There are also some differences by these presenmters.
Differences occur when the various reporters try to hide some information to the members of the public. Many reporters don’t usually give the true story of the matter hence leading to lack of enough information to the listeners. The idea of the reporter forgetting some of the important information when reporting. This will also lead to poor misinterpretation of the information by the listener. Ethical differences are also another difference by these reporters. You normally find that some reporters are biased on some ethical groups. This leads to discrimination and false information can be given.
The issue of favoring one group also arises in these reporters. You find that if a certain media favors a certain ethnic group, it’s automatic that the report will be different from the other media and hence this may lead to poor understanding of that report. (Dunston, 1989).
The strange death of Silas Deane
History is what happened in the past. It involves uncovering the past. It helps to answer most of the peoples questions on what happened in the past, why these events happened, and the various circumstances which led to them happening, their effects on the modern society and lastly how these historical facts were interpreted by the reporters. What we mean by history is the everyday view of the matter. For history to be effective, historians need to return to the past by the use of the already existing records about what happened in the past and be in a position to bring it to the present world for people to look at.
These historians are said to succeed on when they come with the correct facts about what happened without distorting the information. History is one of the most important facts needed to organize human knowledge, but it has led to many misunderstandings to so many people. History exists and it also exited long before we were even born. We met history at our tender age when tales of the past with heroic myths were told to us by our grandparents. Many students today absorb the required facts about historical facts without any real conception of what history is. You find that in the view of everyday history, it is often misleading.
This can be shown by properly examine in details the event that happened. The death of Silas Deane. Although Silas Deane served as a distinct second rate diplomat for the United States during most of the years of the American Revolution, you find that despite his work, he does not appear in most of the American books. Dean had come to France to secure military supplies to the colonies. He was also a good source of information for the Britain wars.
He is neither recognized for his contributions during the American Revolution. Since history aims to remember those heroes in the past or certain historical events so that people are in a position to look at them, in the modern days, history has been ignored so much in most of the countries. Yet the story of Deane death is an excellent example of an event which can not be understood by the modern people.Silas Deane was so much popular in the American folklore and this was due to his rags to riches stories he narrated to so many people. (Dunston, 1989).
Until his death, Deane made a lasting place for himself in the history text. His career ended up with riches to rags story. About Dean history, he was the son of a humble blacksmith in Groton whereby the father had so much inspiration to his son and sent him to a college in Yale and it is in this college where Deane took advantage of the situations and opportunities. In this college, Silas studied law and married a well to do widow.Silas Deane did not have any Sou to subsist on elsewhere and he is also a wretched monument of the consequences of a departure from right. He boarded Boston packet in mid September whereby it took him to London.
On 19th a storm came up which led to the ship to lose its both anchor. On 22nd the same month, he complained of dizziness and a severe headache. After four hours he immediately died. That was the rise and fall of the famous Silas.This historical story looks pretty clear but so many people misinterpreted it. For instance, one English newspaper predicts silas death as to the mistakes of placing confidence in his compatriots.
Dean was one a good example to so many people by his story of whereby he ended up his career from riches to rags hence a good role model for so many people who wants to succeed in life. historians don’t rest content with the facts that come mostly at hand. The past holds an infinite number of facts about those last days and of course they could never be all included in a historical account. But the silas death had so many interpretations by so many news reporters hence losing meaning of history. The real fact of the story is that silas died through a storm which came up and led to the ship to lose its both anchors. As a result, he had dizziness plus other complications which affected his health and later died. He worked drumming up support for his canal project but which later failed.
It’s difficult for historians to give the correct story about these historical facts. This is because these facts happened in the past and hence difficult to get the real story. Many sources give these stories differently for instance the death of Silas Deane, many sources reported differently concerning his death. For instance some of the researchers wrote that Deane death was a result of becoming depressed by his poverty and ill health which eventually led him to commit suicide.
Another source is by John Cutting who also wrote a rumor on Deane death that he was predetermined to take a sufficient quantity of Laudanum and this was supposed to ensure his dissolution before the boat could sail to America. These two interpretations of Dean’s death show how much history can be misunderstood by not giving the truth of the matter. You normally find that history can eventually stay alive when information is given as it occurred but you normally find that the information is distorted from the source and the whole thing becomes wrong.
There has been many conflicts involving the historical facts. The activists who interpret these events give reports that differ from those who promote it. This is because the conflicting parties are to interpret the events of the past in different ways. (Udovicic, 2002).
Conclusion
History is important in the modern life since it’s through history that we are in a position to understand the past. It’s also through analyzing the past events that we are also in a position to shape the future. But for history to be well understood, the correct information must be given to ensure that people know the exact story of that event. Unfortunately, most of the historians don’t usually give the true story but usually tend to hide some information to suit themselves.
Before the information reaches the final recipient, you normally find that the information is distorted completely. History has a wide role in most of the communities. It’s through history that the modern age is in a position to understand the historical events and facts which recently don’t happen. We are in a position to know the most heroes in our communities and hence as a result we need to remember them by recognizing them.
There are also historical conflicts and these conflicts are mainly seen by the reporters of these events. You find that most of these reporters usually don’t give the same information about the same happening. This is clearly shown in the Silas Deane death which was reported differently by different reportes.When an event is reported differently, and then you find that it becomes hard to get the correct story and hence losing its meaning.
Reference
McCabe, A. (1992). All kinds of good stories. Annual meeting of the national reading conference, 42nd, San Antonio, TX.
Dunston, A. (1989). Post world war 11 civil rights movement. United States conference on world war 11.United states.
Levine, R. (1992). Bringing black history home. United States conference on world war 11.United states.
James, W. (1999). Nations of nations. A concise narrative of the American republic.2nd edition.Boston.McGraw-Hill.
Udovicic, R. (2002). What is happening with the oldest Bosnia daily. Southeast European media journal.