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Journal articles on the topic 'Judicial process – Language'
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1
Flood, John, Judith N. Levi, and Anne Graffam Walker. "Language in the Judicial Process." Contemporary Sociology 20, no. 6 (November 1991): 926. http://dx.doi.org/10.2307/2076204.
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Woolard, Kathryn. "The Bilingual Courtroom: Court Interpreters in the Judicial Process." Journal of Linguistic Anthropology 2, no. 2 (December 1992): 229–31. http://dx.doi.org/10.1525/jlin.1992.2.2.229.
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McSpadden, Isabel Guerra, and Susan Berk-Seligson. "The Bilingual Courtroom. Court Interpreters in the Judicial Process." Hispania 75, no. 1 (March 1992): 110. http://dx.doi.org/10.2307/344758.
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N. A., Latysheva. "Amendments to the Constitution of the Russian Federation of 2020 and the Content of Court Proceedings." Rossijskoe pravosudie, no. 9 (August 23, 2021): 5–12. http://dx.doi.org/10.37399/issn2072-909x.2021.9.5-12.
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Judicial record-keeping, which in its content refers to judicial activity of a security, auxiliary nature, received an impetus for its development in connection with the amendments to the 1993 Constitution of the Russian Federation that entered into force on July 4, 2020. The introduction of innovations, which will take place through the organizational, guiding activities of the bodies of the judicial community – the Council of Judges of the Russian Federation and the bodies of the judicial community in the constituent entities of the Russian Federation and the improvement of regulatory regulation by authorized entities will allow realizing the needs of society in a new quality of relations between the judiciary and citizens of the Russian Federation. The article substantively defines the problems of the development of normative regulation in the course of ensuring arbitration proceedings, organizing constitutional and legal judicial statistics, exercising the rights of citizens to use the national language in the process of conducting judicial proceedings. In connection with the findings, options are proposed for generating ideas in the field of organizational support of justice.
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Zaitseva, Margarita. "LINGUISTIC REPRESENTATION OF POWER IN JUDICIAL DISCOURSE." Scientific Journal of Polonia University 43, no. 6 (June 18, 2021): 158–63. http://dx.doi.org/10.23856/4320.
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This study sheds light on the terms discourse of power and power of discourse. The two concepts are closely intertwined and interdependent as manifested in the influence of power on discourse, on the selection of the linguistic means expressing that power. Such linguistic means of conveying power relations are cratologemes. Accordingly, the approach used to study cratologemes is thought to be linguocratological. From the perspective of the linguocratological approach discourse has become a vigorous resource of power. Therefore, language of discourse is of great interest an instrument of manipulation, which gives grounds to study it as an object, a process, and as a tool. During the process of investigation, the following research methods have been used: linguistic observation and analysis as well as cognitive method, pragmatic analysis method, critical discourse analysis method. These methods have allowed us to establish some of the cratologemes that are characteristic of judicial discourse.Such cratologemes have been singled out at different language levels: at the morphological level, at the lexical-semantic level, at the syntactic level.
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Susilowati, Susi, Hany Maria Valentine, and Samuel Ramos. "Rancang Bangun Aplikasi Simpan Pinjam Koperasi Pegawai Pada Komisi Yudisial RI Berbasis Android." Eksplorasi Teknologi Enterprise dan Sistem Informasi (EKSTENSI) 1, no. 1 (November 30, 2022): 1–8. http://dx.doi.org/10.59039/ekstensi.v1i1.1.
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The Indonesian Judicial Commission Employee Cooperative in the process has several problems, namely the loan application process is still in the form of paper which is prone to loss. Cooperative members do not know whether the savings and loan application process are accepted or rejected. Then in the process of saving, borrowing, instalment and member registration transactions that cannot be accessed online. For the analysis method and the concept of this information system, the Unified Modelling Language (UML) model with the Flutter programming language and MySQL database is used. With the construction of an employee cooperative savings and loan information system at the Indonesian judicial commission, it can solve the problems faced in the company. Such as loan applications, saving, borrowing, instalment and member registration processes. This reduces work using Microsoft Excel or Word and file filling. The results obtained with the construction of this information system accelerate the savings and loan process and facilitate access to the application process.
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Obeng, Samuel Gyasi. "Language and liberty." Legon Journal of the Humanities 33, no. 1 (September 20, 2022): 138–62. http://dx.doi.org/10.4314/ljh.v33i1.6.
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Linguists consider language, the most important tool of human existence, as first and foremost, a cognitive experience actualized through speech. Liberty, a principal concept, has since the beginning of the renaissance attracted the attention of philosophers, jurists, political scientists, ethicists, media scholars, among others, as an indispensable facet of human life in the areas of governance and the constitution of order, peoplehood, and societal value systems. Following the philosophical traditions of Sir Isaiah Berlin and drawing on African (Akan) axioms, the paper presents a theory relating to the entwining between language and liberty by elucidating how one indexes the other in a political process and practice, judicial process, in the foundation of people’s social and moral value systems, as a healthcare construct, and in free speech. Also explicated is the fact that actors’ effective use of language (linguistic and discourse-pragmatic tools) ensures success in the fight for liberty. Finally, the theory calls for liberty to be rooted in a nation’s laws, politics, philosophical traditions, value systems, healthcare practice, and the construction and enactment of free speech in order to make the fight for it (liberty) a reality.
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Staton, Jeffrey K., and Alexia Romero. "Rational Remedies: The Role of Opinion Clarity in the Inter-American Human Rights System." International Studies Quarterly 63, no. 3 (July 13, 2019): 477–91. http://dx.doi.org/10.1093/isq/sqz031.
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Abstract International courts have far-from-perfect records of compliance. States routinely delay the implementation of policy changes necessary to come into line with international obligations. Some judicial orders are simply ignored in their entirety. Yet judicial orders aimed at potentially recalcitrant states often vaguely express what is required and thus create conditions for delay and defiance. This article leverages a detailed public monitoring system for decisions of the Inter-American Court of Human Rights to evaluate a model of judicial opinion writing that connects the informational challenges associated with effectuating significant policy change to the language that judges adopt in their orders and, ultimately, to the reactions of states. Our results suggest that uncertainty about how precisely to bring about a policy change influences compliance by reducing the clarity of judicial orders. Flexibility in language permits judges to tradeoff maximal pressure for compliance for the ability to leverage local knowledge about how to bring a state in line with its international obligations. From this perspective, noncompliant outcomes are not necessarily a clear signal of weak judicial institutions, but, instead, they are a natural piece of the process by which judges manage difficult policy-making tasks.
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Berk-Seligson, Susan. "Interpreting for the police: issues in pre-trial phases of the judicial process." Forensic Linguistics 7, no. 2 (December 2000): 212–37. http://dx.doi.org/10.1558/sll.2000.7.2.212.
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Bastarreche, Tomás. "POPULATION CRITERIA AND BUDGETARY DETERRANT: DETERMINING FACTORS IN THE QUALITY OF THE SPANISH CRIMINAL JUSTICE SYSTEM." RDUno: Revista do Programa de Pós-Graduação em Direito da Unochapecó 3, no. 4 (April 20, 2021): 84–108. http://dx.doi.org/10.46699/rduno.v3i4.5765.
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What is the quality of justice? As Melcarne and Ramello (2019) have recently pointed out, there is no clear interaction between quality and quantity in understanding or measuring judicial performance. However, the lack of human resources is often blamed for delays in the delivery of decisions (quantity) in most judicial systems - and could in fact mean a violation of the principle of due process. However, the study shows how difficult it is to assess quality, since even quantity (in fact calculable) cannot always be a trustful variable to measure it. In Spain, it is possible to assume that penal judges work more or less the same. Yet, not all judgments have the same quality. The problem is in the District Courts (some of insufficient size) with provincial criminal jurisdiction. They constantly run the risk - and do so - of breaching the principle of judicial impartiality. This does not happen in the Spanish Supreme Court or in the large District Courts. It is a problem in the judicial performance of justice and in the Administration of Justice. Yet, there are no budgetary or even regulatory stimuli to resolve this situation. A situation that implies a breach of the principles of due process and therefore of the fundamental rights of the accused.
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Akhmetova, Svetlana V., and Andrey N. Babenko. "REQUIREMENTS FOR COURT DOCUMENTS." RUDN Journal of Law 24, no. 1 (December 15, 2020): 7–24. http://dx.doi.org/10.22363/2313-2337-2020-24-1-7-24.
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This article is devoted to the analysis and formulation of requirements for judicial documents. The relevance of the stated topic is explained by the need to improve the communication process and improve the efficiency of justice. The most developed are the issues of requirements for judicial acts. At the same time, the requirements for other judicial documents - petitions, statements, written evidence are important. The most important are the requirements of legality, validity, motivation. However, we must not forget such requirements as completeness, consistency, literacy. As part of the general characteristics of judicial documents, attention was paid to the requirement of fairness and expediency. Close attention is paid to the language and style of court documents. The requirements for the form and content of court documents are formulated. The author comes to the conclusion that it is necessary to legislate the requirements for some varieties of judicial documents, just as the requirements for judicial acts are fixed.
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Han, Zhengrui, Vijay K. Bhatia, and Yunfeng Ge. "The structural format and rhetorical variation of writing Chinese judicial opinions." Pragmatics. Quarterly Publication of the International Pragmatics Association (IPrA) 28, no. 4 (October 23, 2018): 463–88. http://dx.doi.org/10.1075/prag.17013.ge.
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Abstract As Chinese legal system follows a statutory tradition, the writing of Chinese judicial opinions is normally considered as an invariant sequential process of stating the law, presenting the fact, and finally providing the conclusion. The official ideology is further reinforced by the fact that Chinese judges need to follow various authoritative writing guidelines and templates prescribed by the official bodies of legal profession. This paper examines to what extent this ideology is a trustworthy description, and to what extent it is only an imagined myth related to the rhetorical practices of Chinese legal profession. Theoretical constructs employed in the study are genre, text type, and rhetorical modes, and analytical data include exemplar judicial opinions, intertextual legislative documents, and insiders’ accounts. According to the research findings, while the official ideology remains a strong shaping force in the composing of Chinese judicial opinions, Chinese judges do take compelling moves to add dialogic elements to the traditionally monologue-dominated discursive sphere of legal writing.
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Leszczyński, Leszek. "Extra-Legal Values in Judicial Interpretation of Law: A Model Reasoning and Few Examples." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 33, no. 4 (September 4, 2020): 1073–87. http://dx.doi.org/10.1007/s11196-020-09773-y.
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AbstractThe aim of the paper is to analyze the types of interpretative reasoning determining the content of extra-legal criteria contained in general reference clauses. This construction, despite its normative foundation, detaches itself from the intention of the legislator much more than e.g. the principles of law, at the same time extending deliberately judicial discretion. Extra-legal values, identified by courts as to their type and their content, then confronted with internal legal axiology and concretized with respect to the facts of the case, are the most crucial part of reasoning that affects the process, results and roles of particular rules of judicial interpretation. It reduces the role of language and systemic rules, connecting the effect of determining the content of extra-legal values primarily with the type of political system and the related scope of judicial autonomy. The different impact between democratic and authoritarian regimes on judicial reasoning is confirmed by the analyzed examples of the case law of the European Court of Human Rights and the Polish courts deciding in the period before and after 1989.
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RESHETNIKOVA, I. V. "ADMISSIBILITY OF EVIDENCE AND JUDICIAL ACTIVISM IN THE MODERN PROCESS OF EVIDENCE." Herald of Civil Procedure 11, no. 5 (December 30, 2021): 49–60. http://dx.doi.org/10.24031/2226-0781-2021-11-5-49-60.
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In 1988 I was lucky to attend advanced training (4 months) at the department of civil procedure of the Lomonosov Moscow State University, which was headed by Mikhail Konstantinovich Treushnikov, an amazing man: a talented scholar, a former judge, intelligent, calm, who managed to preserve the Volga language and himself as he was – a Person and a Teacher for many generations of lawyers, among which not only Moscow State University graduates. Being already a teacher, I listened to his lectures with pleasure together with my students, and I truly enjoyed the content and the manner in which the material was presented. By the way, I used some examples later in my lectures, they were so colorful and multifaceted. Three decades later I found myself again at the department of civil procedure of Moscow State University, when I was congratulating a successfully defended scholar: the same atmosphere of intelligent staff, kind and very talented scientists, headed by the timeless Mikhail Konstantinovich. Mikhail Konstantinovich’s contribution to procedural science and to the development of procedure law is invaluable. It so happened that in scientific terms I joined a large number of proceduralists working on questions of evidence. And I have always learned from our great Scientist and Person, Mikhail Konstantinovich Treushnikov. Mikhail Konstantinovich was also a talented teacher and organizer. Textbooks, commentaries, practical works of the department are invariably interesting and executed at the highest level. There are already several generations of talented and successful scholars in the department of civil procedure, who themselves became teachers for the next generations – to open the way to the development and success of young people is also a talent of the Head and the Scientist.
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Андронов, І. В. "МОВА ЦИВІЛЬНОГО СУДОЧИНСТВА ТА СУДОВОГО РІШЕННЯ У ЦИВІЛЬНІЙ СПРАВІ." Наукові праці Національного університету “Одеська юридична академія” 12 (May 6, 2019): 313–20. http://dx.doi.org/10.32837/npnuola.v12i0.238.
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Зміст однієї з основоположних засад цивільного судочинства — принципу державної мови судочинства, у зв'язку з прийняттям та набранням чинності цілої низки нормативно-правових актів, які по-новому визначають порядок використання державної мови у процесі відправлення правосуддя, зазнав суттєвої трансформації. Передбачена законом можливість використання регіональних мов у цивільному судочинстві підіймає цілий пласт питань, які потребують як науково-теоретичного аналізу, так і практичного вирішення у судовій практиці.
The table of contents of one of fundamental principles of the civil procedure — principle of official language of process, in connection with an acceptance and entry by virtue of a number of legal acts that newly determine the order of the use of official language in the process of administering law, was exposed to substantial transformation. Statutory possibility of the use of regional languages in the civil procedure lifts the whole layer of questions, that need both theoretical analysis and in a practical decision by judicial practice.
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Alcántara Francia, Olga Alejandra, Miguel Nunez-del-Prado, and Hugo Alatrista-Salas. "Survey of Text Mining Techniques Applied to Judicial Decisions Prediction." Applied Sciences 12, no. 20 (October 11, 2022): 10200. http://dx.doi.org/10.3390/app122010200.
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This paper reviews the most recent literature on experiments with different Machine Learning, Deep Learning and Natural Language Processing techniques applied to predict judicial and administrative decisions. Among the most outstanding findings, we have that the most used data mining techniques are Support Vector Machine (SVM), K Nearest Neighbours (K-NN) and Random Forest (RF), and in terms of the most used deep learning techniques, we found Long-Term Memory (LSTM) and transformers such as BERT. An important finding in the papers reviewed was that the use of machine learning techniques has prevailed over those of deep learning. Regarding the place of origin of the research carried out, we found that 64% of the works belong to studies carried out in English-speaking countries, 8% in Portuguese and 28% in other languages (such as German, Chinese, Turkish, Spanish, etc.). Very few works of this type have been carried out in Spanish-speaking countries. The classification criteria of the works have been based, on the one hand, on the identification of the classifiers used to predict situations (or events with legal interference) or judicial decisions and, on the other hand, on the application of classifiers to the phenomena regulated by the different branches of law: criminal, constitutional, human rights, administrative, intellectual property, family law, tax law and others. The corpus size analyzed in the reviewed works reached 100,000 documents in 2020. Finally, another important finding lies in the accuracy of these predictive techniques, reaching predictions of over 60% in different branches of law.
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Urban, Nikolaus. "One Legal Language and the Maintenance of Cultural and Linguistic Diversity?" European Review of Private Law 8, Issue 1 (March 1, 2000): 51–57. http://dx.doi.org/10.54648/264248.
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Within a European context, it appears rather inadequate to speak of the maintenance of linguistic and cultural diversity. For, even though the principle of linguistic equality has formally been ensured by the law from the inception of the process of European integration, it has increasingly become a mere fiction within the legislation, administration, and judicial interpretation of European Law. As the concept(s) of European integration will be applied both to a larger number of countries and to a broader spectrum of policies, this process is very likely to continue. National administrations, and citizens, should therefore be advised to adapt to the factual dominance of (legal) English and French — unless the difficult decision to defend and re-establish linguistic equality against the unifying tendency of European integration could be made without harming the European project as a whole.
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Rozvadovskyi, V. I. "Translator In The Constitutional Proceedings Of Ukraine, Lithuania And Germany: A Comparative Study." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 185–95. http://dx.doi.org/10.15330/apiclu.51.185-195.
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The article explores the features of the legal status of a translator in the constitutional proceedings of Ukraine, Lithuania and Germany.
According to the author, for the participation of the translator in the process, the initiative of a person who does not speak the language of legal proceedings is necessary. In this regard, we should agree with the proposal of scientists on the need to clarify the relevant provisions of the procedural law.
We believe that translators play a key role in establishing language contacts and relations between participants in legal proceedings. Without a translator, it is impossible to carry out preparatory and judicial actions, as well as protect the rights and freedoms of a person and a citizen in cases where one of the participants in the process does not speak or does not speak the state language enough.
Consequently, the participation of the translator in the process is a guarantee of ensuring the right to judicial protection to persons participating in the case and do not speak or do not speak the state language. That is why the procedural procedure for the participation of translators in production requires improvement. Therefore, it is necessary to solve a number of issues: the possibility of conducting the process in a foreign language, if all persons involved in the case do not know the language of the proceedings, the procedure for finding a translator (who should search, in what time frame, etc.), the feasibility of involving the case file diploma translator and the like.
In accordance with the norms of national legislation, the translator is obliged to carry out a full and correct translation, to assure the correctness of the translation with his signature in the procedural documents. So we can conclude that the duty of the translator is the integrity and responsibility in relation to the materials provided to him. We can conditionally distinguish two forms of translation used by the translator in production - this is written and oral. Interpretation is used during procedural actions, when communicating with a person who does not speak the language of legal proceedings.
Unlike Ukraine, in Lithuania, the conduct of business involving legal entities and individuals of the Republic of Lithuania is carried out in the state language. A translation into one or more languages may be added to them. The conduct of business with individuals and legal entities of foreign states should be carried out in the state language and in another language acceptable to both parties. If you compare the legislation of Ukraine and Germany in the context of the legal status of the translator, it should be noted that under German law there are two types of translators: interpreter and official translator.
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Côté, François. "Jus Commune and Common Languauge: Insights on the Judicial Construction of Linguistic Law in Quebec Through the Prism of Jus Commune." Comparative Legilinguistics 42, no. 1 (June 1, 2020): 42–75. http://dx.doi.org/10.2478/cl-2020-0003.
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Abstract The jus commune (droit commun) is the intellectual canvas upon which any rule of law is built upon within a given society, that must be integrated in any interpretation or construction process in any field of law, even constitutional law. As the jus commune bears a series of structural values, one ponders as to the correct construction of linguistic law to be held in that regard within a minority society entrenched inside a greater federal superstructure, where linguistic preservation is a collective existential matter. The author submits that the Supreme Court of Canada may have neglected to consider this important factor in Quebec when striking down large sections of the Charter of the French Language pertaining to the official language of law and judicial decisions in the 1979 Blaikie case, in which it imposed official constitutional bilingualism in matters of legislation and judicial decisions to the enclaved French-speaking province. Perhaps the appropriateness of this decision should be revisited.
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Kornev, Viktor N. "Law, law enforcement and legal hermeneutics." Gosudarstvo i pravo, no. 1 (2022): 54. http://dx.doi.org/10.31857/s102694520018271-9.
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Law finds its expression and existence in language. The relationship between law and language determines its interpretative nature. In the process of applying normative legal acts, they always need to be interpreted by the law enforcement officer in order to clarify the meaning and will expressed in them, intentionally aimed at establishing certain behavior and regulating the significant social relations. The problem of understanding normative legal acts, achieved in the process of their interpretation is one of the most important tasks of subjects authorized to apply the law. The article deals with the problems of interpretation, understanding and application of law as a single process, using examples from judicial practice. The essence and content of the main directions in hermeneutics as a theory of interpretative practice and philosophy of understanding, its main canons are studied. In this regard, the subject of analysis is the works of G. Gadamer, E. Betti, L. Wittgenstein, M. Heidegger, A. Kaufman, A. Aarnio, P. Riker on the philosophy and theory of language and legal hermeneutics. The article defines the categories "understanding", "pre-understanding" ("predestination») and in this context, the significance of the explanations of the Plenum of the Supreme Court of the Russian Federation for the law enforcement and interpretative practice of courts. Examples from judicial practice show cases of cancellation of court decisions due to incorrect interpretation of laws, as well as when law-making is actually carried out under the guise of interpretation.
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Shatin, Yu V., and I. V. Silantev. "Russian Judicial Discourse in the Light of the Modern Theory of Argumentation." Critique and Semiotics 38, no. 2 (2020): 401–12. http://dx.doi.org/10.25205/2307-1737-2020-2-401-412.
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The article discusses the main methods of argumentation in the judicial discourse of two large Russian lawyers of the second half of the 19 th century – A. F. Koni and F. N. Plevako for compliance with the argumentative scheme developed by the Cambridge School (D. Walton and others). The authors believe that, without any reliable theoretical support in connection with the decline of traditional rhetoric, the best jurists intuitively discovered the outlines that later laid the foundation for Ch. Perelman’s rhetoric. First of all, it was a question of quasi-logical arguments and arguments with which either reality is constructed or the subjective position of the person involved in the rhetorical process is affirmed.
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Zhang, Yangqianhui. "Exploration of Cross-Modal Text Generation Methods in Smart Justice." Scientific Programming 2021 (October 21, 2021): 1–14. http://dx.doi.org/10.1155/2021/3225933.
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With the development of modern science and technology, information technology has brought great changes to many fields. Smart justice has become one of the increasing areas that people are paying more attention to. For example, large and small cases occur every day, and the legal library is continuously updated. Therefore, a large number of documents and evidence collection archives will bring tremendous pressure on the judiciary. The text generation technology can automatically present the results extracted from these redundant legal data and express the results of the analysis in natural language. It facilitates the business for huge amounts of legal data effectively, which relieves the work pressure of the judicial department. However, the text generation algorithms have not been promoted in justice. Therefore, this paper focuses on what benefits text generation can produce in law and how to apply text generation technology in legal field. The survey provides a comprehensive overview on text generation firstly, through summarizing the existing methods, that is, text to text, data to text, and visual to text. Then, we examine the process of the practical application of text generation in law. Furthermore, this paper puts forward the challenges and possible solutions to the judicial text generation, which provides pointers on future work.
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MPd, Supardi, Tutik Patmiati, Muhammad Erfan Muktasim Billah, Suwardi, and Andika Putra Eskanugraha. "Language as Evidence in the Judicial Process of Fake News of Ferdinand Hutahaean’s Tweet Viewed from Indonesian Legal Provisions." Journal of Humanities and Social Sciences Studies 4, no. 4 (December 4, 2022): 242–48. http://dx.doi.org/10.32996/jhsss.2022.4.4.31.
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As a means of communication, language plays a vital role in various disciplines. In the legal context, for example, the message conveyed through social media like Facebook, Instagram, Twitter, and WhatsApp can cause legal problems if it contains things prohibited by law, such as fake news and hate speech. For these facts, this current study focuses on the language of the fake news in Ferdinand Hutahaean (FH) ‘s tweet. With this focus, it explores the answers to such questions as which FH’s statement in his tweet was considered fake news, why FH’s tweet became fake news that led him to undergo a judicial process, and what legal process FH experienced. To answer these questions, the data constituting words, phrases, or sentences of FH’s statement were collected from the authentic text of FH’s tweet considered fake news. In addition, the collected data were analyzed using Miles and Huberman’s data analysis model integrated into the thematic analysis recommended by Braun and Clarke. Based on the result of the analysis, it shows that FH was found guilty because his tweet was considered fake news because he violated such Indonesian legal provisions as Article 14, paragraph 1 and paragraph 2 and Article 15 of Law No. 1/1946 about Criminal Law Regulation.
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Anisimova, A. G., and M. A. Arkhipova. "English Law Terms: Optimizing Education Process." MGIMO Review of International Relations, no. 4(37) (August 28, 2014): 294–99. http://dx.doi.org/10.24833/2071-8160-2014-4-37-294-299.
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The article focuses on the terminology of English law as a system. It deals with the main specific characteristics of the English legal terminology and studies the systemic nature of the terminology of Criminal Law. Nowadays, an increasing role of the study of professional language (Language for Specific Purposes) is obvious since it is a means of dissemination and exchange of professional information and a means of communication in the professional discourse. It is a system of terms that constitutes the core of the Language for Specific Purposes. The study of terminology is of paramount importance for the legal sphere of human activity where the accuracy of interpretation plays a very substantial part. Legal terms have a number of specific characteristics, such as: abstract nature of legal notions; introduction of new terms by regulatory organizations; an important role of judicial interpretation in constituting shades of meaning of a legal terminological unit; and the fact that a legal term may belong to a particular area of Law, which makes it possible to refer it to the category of general legal, branch-wise, or inter-branch vocabulary. Every term has its particular place among other elements of a system and is related to them in a particular way. A terminological system should be considered as a whole, and there are particular hierarchical relations between its elements. Within a terminological system, it is possible to seta hierarchy of generic and specific terms that can form the so-called semantic field. One of the features demonstrating the systemic links within a terminology is the existence of some typical structural models, according to which terms are coined. An important criterion is the predominance ofterminological word-combinations of a certain type. For example, in the terminology of Criminal Law the models Noun + Preposition + Noun and Adjective + Noun are the most common structural models. Another important criterion of a systemic nature of terminology is the existence of antonymous relations between terminological units. Undoubtedly, systemic approach to terminological studies allows optimizing the learning process.
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Baranger, Denis. "The Language of Eternity: Judicial Review of the Amending Power in France (or the Absence Thereof)." Israel Law Review 44, no. 3 (2011): 389–428. http://dx.doi.org/10.1017/s0021223700018112.
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In several rulings from 1962, 1992, and 2003, the French Constitutional Court (Conseil constitutionnel) has denied jurisdiction over constitutional amendments. This article shows that this solution can only be understood in the light of the doctrinal background that provides its intellectual justification. While refusing to judicially review constitutional amendments, the Constitutional Court is in fact deeply involved in the ongoing process of altering the Constitution. Also, while the quasi-official doctrinal analysis insists on the absence of material limits to the amendment of the Constitution, and on the absence of any “supra-constitutional” rules, an analysis of the language used by the Court in these rulings offers reasons to diverge from this view. While the Court has refused to review constitutional amendments, it has done so in a way that comes very close to the language used by those courts that stated that such amendments were justiciable. Far from adhering to a mere policy of neutrality and self-restraint, the Constitutional Court speaks a “language of eternity” with a rich substantive content.
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Bobrovnyk, S. V. "Judicial interpretation: features and practical significance." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 50–57. http://dx.doi.org/10.33663/2524-017x-2021-12-8.
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Reforming the main spheres of life of modern society causes a significant increase in the importance of law as a social value, a means of ensuring a compromise of social needs, interests and opportunities. Thus, the need for interpretation in law is due not only to the imperfection and ambiguity of the law itself, but also the essence of the right of implementation, which requires interpretation of the law. Violation of the rules of interpretation has serious consequences associated with the violation of human rights and freedoms. The difficulty of understanding the interpretation is related to such factors as: the complexity of the law itself and the sources of its manifestation; the complexity of the interpretation process, which includes clarification and clarification of norms; prevalence of interpretation at all stages of legal regulation; features of subjects of law performing interpretations; multifaceted purpose of interpretation; the prevalence of interpretation results. This makes it possible to argue that there are peculiarities of interpretation in relation to the type of legal activity. The process of interpretation also has its peculiarities in the activity of judges. Judicial interpretation can be defined as the intellectual and volitional activity of courts, based on professional knowledge, carried out in certain ways and using special methods to clarify the content of the applicable law; making a judicial decision; finding a compromise of different interests. Its necessity is determined by the general nature of legal norms; features of the external expression of legal norms; features of the language of law and the rules of presentation of legal norms in the text of the normative legal act; systematic legal requirements; a significant amount of regulatory material used; ambiguity of legal terminology and normative consolidation of several options of behavior, which are chosen by the subjects at their own discretion; conflict and inconsistency of regulatory material. An important aspect of the analysis of judicial interpretation is to clarify its features as a process of thinking. First,in the process of mental activity, the judge can not only find out the direct meaning of the norm, but also reveal its hidden meaning. We are talking about the ambiguity of the wording of legal norms, which directly affects their content. In this case, the judge chooses the meaning of the rule that most fully takes into account the circumstances of the case. Such a situation is possible in the absence of the content included in the norm, which is objectively caused by the practice of its application and the objective needs of society. Secondly, the judge’s mental activity takes place in the case of studying the case file, the evidence presented and the degree of validity of the decisions of the bodies conducting the pretrial investigation or the materials and evidence provided by the parties. Interpreting these documents, the judge chooses those that constitute the evidence base of the case and are sufficiently substantiated. Third, it is the choice of the necessary method of interpretation that corresponds to its purpose. It is important to understand the interpretation and concretization of the legal prescription in order to understand the content of the norm in the process of interpretation. As we know, concretization is the extension of an abstract norm to a certain case or subject. Concretization is the meaning of law enforcement. It is through the issuance of a judicial decision that a rule of law acquires a concretized meaning, extends to a certain situation or regulates the behavior of a certain individually determined subject. If the formal interpretation obliges the judge to clearly follow the text to be interpreted guided solely by the principle of legality, which can lead to an ill-considered, unjust decision, then a realistic way allows in the interpretation to apply the principles and ideas of morality, justice, which can increase the efficiency of judicial activity. Both of these approaches have positive and negative features. After all, if a judge is guided exclusively by the provisions of the law, then, on the one hand, he will ensure compliance with the rule of law and create conditions for improving the effectiveness of law and legal regulation and, on the other hand, he may not ensure fairness and compromise of conflicting interests. law-making in the conditions of dynamic development of social relations. Overcoming the negative aspects of judicial interpretation depends on a number of objective factors related to the quality of legislation, lack of political influence on justice, provision of judges with decent remuneration and working conditions, lack of pressure from higher courts, formation of respect for judicial activity by society. Of great importance in this process is the subjective factors related to the level of training of the judge, the presence of practical experience, his idea of justice, the level of awareness of the generalizations of judicial practice, its legal culture and legal awareness. These factors may affect the appropriate combination of factual and realistic interpretation of legal norms in the justice process. It is important to achieve the goal of interpretation, which can be interpreted with a certain opposite. After all, on the one hand, it consists in intellectually comprehending the will of the legislator and ensuring its concretization in the judicial decision, and on the other hand, this goal should be connected with ensuring justice of the law by taking into account the specifics of a particular case. The combination of these seemingly opposing aspects of the purpose can be ensured by the judge’s justified and appropriate choice of method and method of interpretation. The peculiarities of judicial interpretation are that a judge must not only know the law, but also be able to apply it; must choose the alternative provided by the legal act, which is appropriate and ensures the fairness of the decision; to overcome the double meaning of the legal requirement by intellectual and volitional activity and inner conviction; take into account the causal relationship of interpretation - decision – execution of the decision; adhere to the powers granted and the procedural requirements for their implementation; be aware of the importance of judicial interpretation not only for a particular decision, but also for judicial practice. Interpretation is an important prerequisite for the concretization of law, a means of ensuring its legitimacy and the fact of its high efficiency. In our opinion, interpretation in the process of concretization can take place: in the case of application of imperfect rules of legal technique, which has an incomplete wording and ends with a statement, etc., in other cases; in case of availability of evaluation categories that need clarification; in case of making changes, additions to the legal instruction or its cancellation; in case the judge clarifies the content of the norm in the process of judicial discretion. Keywords: law, law enforcement, interpretation, court interpretation, judicial decision.
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Grin'ko, Aleksey, and Kirill Zharinov. "The American common law and the will of the judiciary as a source of its binding force." Sravnitel noe konstitucionnoe obozrenie 29, no. 6 (2020): 51–78. http://dx.doi.org/10.21128/1812-7126-2020-6-51-78.
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The doctrine of precedent being recognized as an inherent part of the American legal system provokes a permanent discussion about the sources and nature of its binding force. The scholars continually examine the correlation between common and written law, especially, the U.S. Constitution as its paramount form. Some authors given the absence of stare decisis doctrine in the plain language of the Constitution tend to believe that common law is not included in the supreme law of the land and therefore, judges should follow it as a matter of their discretion. Others suppose that the doctrine of precedent was implied by the Founders in the structure and understandings of key terms that makes it binding on the judiciary. This Article attempts to suggest another approach to such problem. Considering the nature of binding force and the methods of its attribution to a legal doctrine (basing on the recent case-law) we conclude that the obligatory status of the stare decisis doctrine derives from the will of the judiciary rather than people or the legislature. It is the judicial community who decided to treat a precedent as binding on each of them. This fact makes third parties believe that such a precedent would be applied in case of potential proceedings and therefore, act in accordance with it. The declared conclusion is supported by the examination of such legal mechanisms as appellate review and judicial discipline process which enforce the doctrine regardless of one’s subjective attitude – that is essential for a rule to be binding. These findings suggest that further examination of written law as a source of common law seems to be impractical and it would be more reasonable to focus on the role of the judiciary and their willingness to enforce the stare decisis doctrine in future.
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Qin, Qian, Ziyu Li, and Xiaotong Jiao. "Public Opinion on the Death Penalty in Mainland China and Taiwan." China Report 57, no. 3 (August 2021): 327–45. http://dx.doi.org/10.1177/00094455211023909.
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Mainland China and Taiwan are two significant regions currently executing the death penalty; especially, Mainland China alone is believed to implement an amount of executions even larger than the total of all other countries. However, although Mainland China and Taiwan share the Chinese language, as well as traditional culture, the public’s opinions on the death penalty diverge. There is no evidence showing that more people are becoming abolitionists, albeit different social groups, domestic and overseas, are trying to propel the process of abolitionism. The public’s opinions on the death penalty are highly influenced by various factors, including cultural and historical ones, which are considered to be fundamental. Besides, the media, the public’s confidence in the judicial system, nationalism and international pressure also impact the public opinion. The governments of both Mainland China and Taiwan should take further actions in terms of the judicial system.
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Kaplan, Jeffrey P. "Language in the judicial Process, ed. by Judith N Levi and Anne Graffam Walker, New York and London: Plenum Press, 1990." International Journal of Speech Language and the Law 1, no. 1 (February 18, 2013): 94–106. http://dx.doi.org/10.1558/ijsll.v1i1.94.
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Moore, Barbara J. "Current Court Decisions Impacting School Practice." Perspectives on School-Based Issues 9, no. 1 (March 2008): 17–23. http://dx.doi.org/10.1044/sbi9.1.17.
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Abstract Court decisions in special education lawsuits lay the foundation for decisions in Individualized Education Program (IEP) meetings. Recent decisions are reviewed in this article in order that speech-language pathologists and other educators can remain current on judicial trends. Specific cases are landmark for making offers of placement, ensuring the presence of a general education teacher at the IEP meeting, which party bears the burden of proof in a due process hearing, procedural violations and denial of a Free Appropriate Public Education (FAPE), and how the courts view a student's lack of progress in terms of a district's obligation to provide FAPE.
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Crespo, Mario. "Analysis of parameters on author attribution of Spanish electronic short texts." Research in Corpus Linguistics 4 (2016): 25–32. http://dx.doi.org/10.32714/ricl.04.03.
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Forensic Linguistics is the analysis of the language which is related to law, either as evidence or as legal discourse. Authorship attribution is the task of identifying the author of a document when the language is used as evidence in a courtroom, so it will be of interest to police investigators and the wider judicial process. Recent advances in Forensic Linguistics are related to the analysis of texts coming from emails, social networks and messages coming from mobile phones. This work continues previous research and explores how different classification algorithms, the size of the text and the type of linguistic feature used in authorship attribution may affect the results in the authorship attribution of Spanish short messages on online forums. Important differences in precision have been assessed when varying both the size of the texts investigated and the algorithms used for classification.
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Wojciechowski, Bartosz, and Marek Zirk-Sadowski. "The Argument of Rightness as an Element of the Discretionary Power of the Administrative Judge." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 33, no. 1 (November 25, 2019): 215–29. http://dx.doi.org/10.1007/s11196-019-09673-w.
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AbstractThe article concerns the situation of the judicial application of the law where the entity applying the law refers in a decision-making process to moral principles. The decision should be based on the directives of interpretation, which indicate the need for such a determination of the meaning of the applicable norms so that it remains in harmony with commonly accepted moral rules of the society. The equity (understood as rightness) has one more purpose; namely, it allows for the process of decision-making—and not just for the process of unifying the decisions—since the mere rule does not specify the algorithm of undertaking them. This rule thus assumes that it will be further specified by phronesis judge who in a given situation will determine—for the purposes of a particular decision—a hierarchy between the criteria of substantive justice “embedded” in this rule. The reference to equity (rightness) stands for the concretization of an unspecified general rule. We deal here with an indefinite general rule, the application of which is facilitated by a reference to rightness.
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Markesinis, Basil. "FOREIGN LAW INSPIRING NATIONAL LAW. LESSONS FROM GREATOREX V. GREATOREX." Cambridge Law Journal 61, no. 2 (June 24, 2002): 386–404. http://dx.doi.org/10.1017/s0008197302001666.
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The author focuses on the voluntary use by judge or counsel of foreign law and foreign legal ideas as a means of shaping national law when this is unclear, contradictory, or otherwise in need of reform, as distinct from the formal presentatin of foreign law through expert witnesses where such law has to be applied. The number of instances in which this kind of borrowing may happen must, of necessity, be limited. The problem is that foreign law is unlikely to come in a simple form, attractively packaged; and language is a major problem in judicial attempts to be inspired by a foreign idea if not to transplant the actual solution. This has led the author to advocate a more co-ordinated use of the different talents that judges, practitioners, and academics bring to the process of creating and interpreting law and to assist the process by provision, in the English language, of easily accessible accounts of relevant foreign material. The approach finds an excellent practical illustration in the judgment of the High Court in Greatorex v. Greatorex.
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Linderfalk, Ulf. "State Responsibility and the Primary-Secondary Rules Terminology – The Role of Language for an Understanding of the International Legal System." Nordic Journal of International Law 78, no. 1 (2009): 53–72. http://dx.doi.org/10.1163/157181009x397081.
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AbstractIn the international legal literature, it is commonplace to talk about the law of state responsibility as secondary rules of law. The terminology emphasises that in some way or another the law of state responsibility is different from other rules of the international legal system – what international legal scholars refer to as primary rules of law. The present essay inquires into the soundness of this language. As argued, the primary-secondary rules terminology builds on two assumptions. First, it assumes that the law of state responsibility can be described as separate from the ordinary (or primary) rules of international law. Secondly, it assumes that the two classes of rules can be described as pertaining to different stages of the judicial decision-making process. As shown in this essay, neither assumption can be defended as correct.
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Van Gerwen, Heleen. "In Vlaanderen Vlaamsch! Translation Practices in Flemish Legal Journals: The Case of Rechtskundig Tijdschrift voor Vlaamsch-België (°1897)." Journal of European Periodical Studies 2, no. 1 (June 26, 2017): 3. http://dx.doi.org/10.21825/jeps.v2i1.2351.
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The declaration of Belgian independence in 1830 constituted a major turning point in Belgian language history: French was almost instantly installed as the only official language in public offices and judicial cases, which left the majority of Flemish citizens unable to understand or reply to official documents. While the monolingual French authorities quickly recognized the necessity of providing Flemish translations of laws and decrees, numerous Flemish jurists and officials criticized these official translations for being inadequate, since they contained several errors in syntax and legal terminology. This criticism led to a flow of new translations and ideological commentaries, especially in newly created Flemish legal journals. My contribution seeks to point out the key role of these journals in the process of emancipation and standardization of the Flemish legal language and in the creation of a proper Flemish legal culture. My focus is on the first volume of the legal journal Rechtskundig Tijdschrift voor Vlaamsch-België (1897–98), which actively supported the coming into being of a Flemish legal language and identity. This journal published translations of important francophone judgements, annotated translations of laws and decrees as they appeared in the government journal Moniteur belge, and numerous discussions of jurists on the Flemish legal language.
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Morrill, Calvin. "Language varieties and situations - Susan Berk-Seligson, The bilingual courtroom: Court interpreters in the judicial process. Chicago: University of Chicago Press, 1990. Pp. xii + 299." Language in Society 21, no. 1 (March 1992): 147–52. http://dx.doi.org/10.1017/s004740450001513x.
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Vallikivi, Hannes. "Kohtunike valiku kriteeriumid Eesti Vabariigis 1934–1940 [Abstract: Selection criteria of judges in Estonia 1934–1940]." Ajalooline Ajakiri. The Estonian Historical Journal, no. 2/3 (January 15, 2018): 363. http://dx.doi.org/10.12697/aa.2017.2-3.07.
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Criteria for the selection of judges should be objective and the selection process should be transparent in order to secure the independence of the judiciary. It would be natural to assume that the authoritarian governance in Estonia from 1934 to 1940 affected the independence of the judiciary. The article discusses criteria that were applied to the selection of judges during that period, how objective the criteria were and how transparent the selection process was.
In 1934, there were 166 judges and investigating judges in three levels of the civilian courts in Estonia. This figure increased to 176 by the summer of 1940. There were close to 170 vacancies for judicial offices during the researched 6.5-year period. The process of application for vacancies, review of applications, and selection of candidates for appointment was prescribed by law and Supreme Court regulations. Judges were appointed by the head of state (the Prime Minister, later the President of the Republic).
The head of state had a choice between two candidates (three from April of 1938) selected by the plenary of the Supreme Court. From 1938 onward, the President of the Republic could request up to three additional candidates. Before selecting the candidates, the Supreme Court consulted with lower courts and reviewed opinions given by the plenary of either the Court of Appeal or Circuit Courts. The process of selection was generally well documented.
In around 80 per cent of cases, the head of state in 1933–40, Konstantin Päts, chose the first name on the list. In cases when he selected the second or third candidate, he did not explain his choice. There was an average of 6.4 candidates per vacancy during the researched period. The option introduced in 1938 of choosing from up to six candidates theoretically gave the executive branch the opportunity to select almost any applicant for the vacancy. In practice, Konstantin Päts required additional candidates only once, in January of 1940.
Candidates had to meet several written and unwritten criteria. The law prescribed that Estonian citizens at least 25 years old with higher legal education could stand as candidates. Previous experience as a judge, prosecutor or lawyer ranging from four to ten years was required in most cases, and candidates had to have a clean criminal and personal solvency record.
Unwritten criteria derived from the nature of the work of judges and from the text of the judicial oath. The latter required honesty, impartiality and loyalty to the Constitution. The unwritten criteria related to the qualifications, skills and capacity of the candidates (such as diligence, social communication skills, independence, addictions, health condition, Estonian language skills and even academic achievements) or to their integrity.
In the selection process, all the unwritten criteria were applied. When a judge applying for a vacancy had some issues with the criteria (e.g. was deemed too slow or ineffective, not independent enough, or not smooth enough in communication), his progress was usually slower. Nevertheless, judges were always preferred over external applicants, with the exception of prosecutors. Prosecutors and judges had equal opportunities to be selected, while lawyers and notaries were left aside in the selection process.
The ethnic origin or political views of the applicants were sometimes reviewed, but they did not play a major role in the selection process. Few ethnically non-Estonian judges (Russians or Germans) were turned down because of their weak Estonian language skills. As the research period begins with the coup staged in 1934 by Konstantin Päts and his allies against the League of Veterans’ of the Estonian War of Independence, the fate of judges who supported the League is of special interest. League members expelled from the judiciary or preparatory service of the judiciary were never selected. However, judges who were once members or supporters of the League, were selected and appointed to higher posts.
In summary, the applied selection criteria were generally objective and there was no discrimination on grounds of ethnic origin or political views of judges applying for vacancies. While the selection process was transparent, the appointment of judges (i.e. selection from among the last 2–3 candidates by the head of state) was not.
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Szczyszek, Michał. "Prawnie istotne aspekty interpretacji językoznawczej – przykład 2: zakres znaczeniowy leksemu zboczeniec (i czy jest nim homoseksualista?)." Poznańskie Studia Polonistyczne. Seria Językoznawcza 28, no. 1 (September 30, 2021): 153–70. http://dx.doi.org/10.14746/pspsj.2021.28.1.11.
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In the article, I discuss the legal aspects of language: using linguistic analyses for the benefit of the courts. I discuss linguists’ court communication situation and the expectations towards them. The starting point is one exemplary court case in which an expert linguist was appointed to issue an opinion on the evidence. The conclusions fall into two categories: linguistics and forensic science. Linguistic conclusions, developed in accordance with traditional methods of lexicographic analysis and lexicological and semantic analysis, are not necessarily (because they would not have to be) innovative for linguists. It was more important to show the situation of a linguist in court, the structure of judicial opinion and the procedures for building the linguistic response to a process inquiry as seen from the forensic perspective.
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Sharpston, Eleanor. "Transparency and Clear Legal Language in the European Union: Ambiguous Legislative Texts, Laconic Pronouncements and the Credibility of the Judicial System." Cambridge Yearbook of European Legal Studies 12 (2010): 409–23. http://dx.doi.org/10.5235/152888712802636148.
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AbstractThe legal system of the European Union generates particular problems of opacity and lack of clarity. This chapter seeks to identify some of the causes of those problems. First, the nature of the texts with which the Court of Justice deals—’Union legislation’, orders for references from national courts and submissions to the Court—is examined. Problems here include the multi-lingual and multi-cultural backgrounds of those involved in the process, vagueness in legislative drafting and lack of clarity in references and submissions placed before the Court. Secondly, the Court’s own judgments and the opinions of its Advocates General are considered. Problems here include the factors governing the drafting of a single consensus judgment and the fact that it is not always easy to strike the correct balance between speed and quality. Lastly, a number of suggestions for change are offered. The obstacles are not insuperable and improvements can be made.
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Sharpston, Eleanor. "Transparency and Clear Legal Language in the European Union: Ambiguous Legislative Texts, Laconic Pronouncements and the Credibility of the Judicial System." Cambridge Yearbook of European Legal Studies 12 (2010): 409–23. http://dx.doi.org/10.1017/s1528887000001853.
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Abstract The legal system of the European Union generates particular problems of opacity and lack of clarity. This chapter seeks to identify some of the causes of those problems. First, the nature of the texts with which the Court of Justice deals—’Union legislation’, orders for references from national courts and submissions to the Court—is examined. Problems here include the multi-lingual and multi-cultural backgrounds of those involved in the process, vagueness in legislative drafting and lack of clarity in references and submissions placed before the Court. Secondly, the Court’s own judgments and the opinions of its Advocates General are considered. Problems here include the factors governing the drafting of a single consensus judgment and the fact that it is not always easy to strike the correct balance between speed and quality. Lastly, a number of suggestions for change are offered. The obstacles are not insuperable and improvements can be made.
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Bišofa, Linda. "Zu einigen problematischen Fragen der Fachsprachenvermittlung am Beispiel des Deutschunterrichts bei Juristen." Valodu apguve: problēmas un perspektīva : zinātnisko rakstu krājums = Language Acquisition: Problems and Perspective : conference proceedings, no. 16 (May 6, 2020): 160–67. http://dx.doi.org/10.37384/va.2020.16.160.
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This article deals with the subject of language teaching using the example of German lessons for lawyers. As part of the “Justice for Development” project, free language teaching was offered to judges, prosecutors, lawyers, police and other Latvian legal system employees in 2018. The language selection was limited to 3 foreign languages: English, German and French. Because it was teaching of the professional language (language for special purposes), no beginner groups were formed, and no beginner lessons offered. The participants should at least have knowledge of German at level A 2 with the prospect of offering the opportunity to further develop their knowledge at other levels. Before the beginning of the project, the needs assessment was also carried out internally and the teachers were presented the results of this analysis in a summarized form, where they could see the main topics and wishes of the participants. The following thematic groups were predominant: Civil Law, Commercial Law and Criminal Law. Most of the group members were judges. The main aims of the participants: to learn German were to be able to attend German conferences and to communicate privately, and to read legal documents. During the teaching process arose several problems, which were discussed in more detail in the article, which were the lack of appropriate teaching and learning materials, different fields of interest of the participants and also little experience in the legal field of the teacher. Working with original documents is still difficult in A2 level German classes. Existing textbooks specializing in legal language are difficult to access, limited number, published 10–20 years ago, are morally obsolete, and contain institutional and phenomenon designations that no longer exist. Materials published in Germany or on the Internet can present the German legal system, but in Latvia the judicial system differs. These materials can only be used in contrast. It is also advisable to use feature films about German judges and attorneys, where you can also learn the necessary legal vocabulary when relaxing. Co-operation between the lecturer and the group members is also highly recommended, as their rich legal experience enables them to improve the quality of German language lessons. The learning process should also emphasize the importance of autonomous learning and the differentiation/ individualization of teaching and learning.
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Boginskaya, Olga A. "Representation of expert knowledge in institutional discourse practices." Sibirskiy filologicheskiy zhurnal, no. 3 (2022): 310–24. http://dx.doi.org/10.17223/18137083/80/24.
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A jury trial involves both legal professionals and laymen without legal training and knowledge. This heterogeneity of participants indicates the asymmetric relationships in the courtroom. Since jurors play a crucial role in the trial, it is extremely important for them not to experience difficulties in understanding and interpreting the discursive practices of lawyers. The paper studies the discursive strategies and linguistic means of expert knowledge representation in the institutional genre of “judicial instructions.” Although regularly used to overcome knowledge asymmetry in the process of communication between professional lawyers and jurors, explanatory strategies in the Russian-language judicial instructions have not previously been the object of linguistic analysis. The hypothesis has been put forward stating that explanatory strategies help to overcome difficulties in understanding and interpreting legal texts by non-professional participants. The analysis of the corpus has shown that Russian judges use the following explanatory strategies to overcome cognitive and communicative problems amid the knowledge asymmetry: 1) definition, i.e., explication of the meaning of a term by indicating its distinctive features; 2) description, i.e., a narrative transfer of expert knowledge by establishing its connection with everyday knowledge; 3) exemplification, i.e., an appeal to the everyday experience by correlating legal categories with specific objects or events of everyday life; 4) metaphorization, i.e., interaction between two objects or phenomena based on their subject, feature, or functional similarities resulting in legal categories approaching the everyday experience; 5) synonymization, i.e., replacement of abstract legal concepts with everyday lexical units that have similar meanings.
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BEZSMERTNA, Natalia. "THE FUNCTIONING OF THE UKRAINIAN LANGUAGE IN THE CONDITIONS OF FULL-SCALE AGGRESSION BY RUSSIA AGAINST UKRAINE." Almanac of Ukrainian Studies, no. 30 (2022): 8–16. http://dx.doi.org/10.17721/2520-2626/2022.30.1.
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The functioning of the Ukrainian language in the conditions of full-scale Russian aggression against Ukraine is analyzed. It was revealed that after February 24, 2022, the language issue became relevant in Ukrainian society, as Russian aggression contributed to the process of Ukrainization and the return of lost positions to the Ukrainian language in all spheres of society. It was found that, according to sociological surveys, there is a constant decrease in Russian-speaking Ukrainians and an increase in Ukrainian-speaking citizens. It was established that only the Ukrainian language should be used in public space, and the transition to the Ukrainian language should take place gradually, but purposefully. It has been observed that the first level of stabilization of language stability was made by language legislation, namely the Law of Ukraine "On Ensuring the Functioning of the Ukrainian Language as a State", which entered into force on July 16, 2019, and during 2019-2022 was gradually introduced into all spheres of Ukrainian society . It is justified that its implementation helped the Ukrainian language to regain its rightful place in the Ukrainian state, it should be noted separately that on July 16, 2022, separate norms of the language law entered into force, which established the status of the Ukrainian language in the information and business spheres. It was revealed that the second level of language stabilization is the Ukrainian government, which, using legislative, executive and judicial bodies, will implement and improve language legislation. It has been proven that the third level of language stabilization is the citizens of Ukraine, both ethnic Ukrainians and representatives of other nationalities, who can and should influence language stability. It is well-founded that returning the Ukrainian language to its proper status in the Ukrainian state in all areas of its life will help unite the Ukrainian political nation and motivate to defeat the Russian aggressors.
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Carney, Terrence R. "Understanding one’s rights when arrested and detained: An assessment of language barriers that affect comprehension." South African Journal of Criminal Justice 34, no. 1 (2021): 1–30. http://dx.doi.org/10.47348/sacj/v34/i1a1.
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Difficult text formulations, on the one hand, as well as poor linguistic skills and comprehension on the other, can severely hamper the communication effort of basic human rights during the judicial process. The rights entrenched in s 35 of the Constitution of South Africa (Act 108 of 1996), as they apply to individuals who are arrested, detained and accused, and read out by a member of the local South African Police Service (SAPS), are written in a legal register that can be too difficult for additional language speakers to understand. This begs the question of whether arrested, detained and accused individuals are fully aware of their rights and whether they can exercise these rights if they do not understand the language that expresses them. This article appraises the potential comprehensibility of the notice of rights (SAPS 14A), as provided to arrested, detained and accused individuals by the SAPS. The researcher’s assessments indicate that the text is pitched at an English readability level suited to university graduates and could be too difficult for South Africans with limited schooling and linguistic abilities to comprehend. A revision of SAPS 14A is offered as an illustration of a possible improvement to increase readability and, subsequently, better access to the mentioned rights.
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Coulson, Seana, and Esther Pascual. "For the sake of argument." Annual Review of Cognitive Linguistics 4 (October 25, 2006): 153–81. http://dx.doi.org/10.1075/arcl.4.07cou.
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Attested instances of persuasive discourse were examined from the perspective of conceptual blending theory to reveal that serious argumentative points are often made via the construction of unrealistic blended cognitive models. The unrealistic character of these models is often related to compression, a process by which complex relationships are reconstrued with simpler, more familiar concepts. These examples show how speakers’ compressions enable them to strategically frame controversial issues, and to evoke particular sorts of affective responses consistent with their argumentative goals. Analysis points to various constraints on blending. Besides the constitutive and governing principles outlined by Fauconnier & Turner (2002), conceptual integration operations are greatly constrained by the frames and cultural models of a particular community, together with overall knowledge of the communicative event, the cognitive task, the issues dealt with, and the discursive goal. The paper focuses on pre-natal and post-mortem blends in “pro-life” rhetoric and judicial argumentation.
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Masterman, Roger. "Taking the Strasbourg Jurisprudence into Account: Developing a ‘Municipal Law of Human Rights’ under the Human Rights Act." International and Comparative Law Quarterly 54, no. 4 (October 2005): 907–31. http://dx.doi.org/10.1093/iclq/lei042.
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Questions surrounding the legitimate extent of the judicial role have long been the source of controversy. Concerns that unelected and unrepresentative judges are ‘legislating’ rather than interpreting the law or are interfering in matters of ‘democratically endorsed’ government policy, have often been, and will continue to be, raised by academics and politicians alike. The question is one of separation of power— of the appropriate constitutional role and division of functions between the executive, judicial, and legislative branches of the United Kingdom Government. This debate has been given a new dimension by the Human Rights Act 1998 (hereafter HRA), most obviously through the courts' exercise of their power under section 3(1) of that Act—the duty to interpret primary and secondary legislation to be, as far as possible, compatible with ‘the Convention rights’. Indeed much has been made of the unique method by which the HRA reconciles the interpretative obligation under section 3(1) with the sovereignty of Parliament by way of the ‘declaration of incompatibility’ under section 4. The doctrine of parliamentary sovereignty imposes limits on the scope of section 3(1); in spite of its ‘broad and malleable’ language, which might permit ‘an interpretation which linguistically may appear strained’, it does not sanction courts to act as legislators. As Lord Nicholls of Birkenhead noted in Re S; Re W, attributing to a statutory provision ‘a meaning which departs substantially from a fundamental feature of an Act of Parliament is likely to have crossed the boundary between interpretation and amendment’. That case has been seen by some as a retreat from what has been termed the ‘far-fetched’ interpretation of section 3(1) adopted by the House of Lords in the earlier decision of R v A. Nicol, for one, has argued that Re S; Re W and Anderson taken together, clearly reject ‘the notion that “interpretations” could conflict with clear statutory words' — as R v A had arguably suggested — thereby endorsing parliamentary sovereignty, above the Convention, ‘as the country's supreme constitutional doctrine’. For it to retain its legitimacy therefore, the judicial act under section 3(1) needs to remain an exercise of ‘interpretation’: to attribute a meaning to a legislative provision ‘quite different from that which Parliament intended … would go well beyond any interpretative process sanctioned by section 3 of the 1998 Act’. It would ‘not be judicial interpretation but judicial vandalism’.
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Milosavljevic-Djukic, Ivana, and Bojana Tankosic. "Psychological aspects of child development of importance for judicial proceedings." Temida 21, no. 1 (2018): 23–40. http://dx.doi.org/10.2298/tem1801023m.
Full textAbstract:
Children have the right to access the justice, to participate in the court proceedings, their views and testimonies to be heard and taken into account, and to be treated with utmost care during the court proceedings. However, over the past twenty years, researchers have pointed out that participation in the court proceedings may be traumatic for a child and a source of secondary victimization. Therefore, it is necessary to establish a specific approach to and different way of questioning children, which is adjusted to child?s developmental needs. Children and adolescents differ from adults in the way they function (cognitively, intellectually, emotionally). It is therefore crucial for professionals who deal with children (victims or witnesses) to be aware of and understand the specificities of each developmental stage. Otherwise, they will not be able to approach the child in the right way and ensure his/her understanding of newly born life circumstances, remove child?s worries and fears, and enable a child to answer questions, normalize his/her feelings, etc; consequently they will not get a quality testimony, significant for the court proceedings, which is also relevant for the child?s recovery process. The organ of the procedure should avoid acts that could harm the child?s psychological life and resort to techniques which are not harmful for the child?s development. One suggestive interview can create fake memories. Knowing the psychological life of a child in the context of his participation in the court proceedings is relevant for improving the quality of the child?s expression. This can help in making a child as spontaneous as possible, as well as more complete, coherent and safer. Child?s statements can be reliable and unreliable, just like the statements of adults. Thus, the quality, validity and accuracy of the taken statement depends largely on the knowledge and skills of the examiners. It is therefore of utmost importance that professionals who are interviewing/ questioning children are well trained and aware of the child?s development in general and of psychological aspects of child development in particular since they are important from the legal point of view: general understanding, memory, suggestiveness, language, social and emotional development, and morality (truths). Taking that as a starting point, this paper aims to present psychological aspects of child development relevant for the court proceedings, and to point out to the challenges in dealing with child victims and witnesses faced by professionals from the justice system and the social protection system, and the ways of overcoming them in order to protect the best interests of the child in the court proceedings.
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Poshka, Agim. "HUMANISTIC ASPECTS IN THE LANGUAGE PLANING POLICIES." Knowledge International Journal 28, no. 7 (December 10, 2018): 2335–38. http://dx.doi.org/10.35120/kij28072335a.
Full textAbstract:
It is believed that language policies aim to organize, encourage but sometimes even discourage language rights. Although slowly states in the Balkans started to believe that language rights could be used as a tool for creation of social cohesion, there is one aspect of language practice that is ignored but seems to cause quite negative impact, and that is hate speech. This paper investigated modes in which this dangerous tool is harming inter-ethnic and inter-cultural stability in the region. It is a long term interest to the judicial system of every country to limit the negative impact that hate speech has to certain fragile societies. The study also reflects on particular laws that aim to expand the span of freedom of speech and minimize the presence of hate speech in public life. This derogatory behavior can ultimately produce hatred and in some cases even human sacrifices. A definition that is often available in literature regarding hate speech is that “hate speech is an abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation”. In other words the basic concept of using language for solely communicational purpose has switched to use language to insult, intimidate, or threaten a group or an individual and is primarily based on a particular characteristic or disability. In its violent history, Europe has witnessed a considerable number of cases of human rights violations, and recent ones often get the “prefix” of hate speech. Certain domains of public speaking undoubtedly require legal measures and few societies have already designed their legal framework in order to address the issue The conditions have become even more dramatic with the introduction of social media. There are thousands of pages and blogs in which hate speech is expressed publicly. In an article published by the legaldictionary.net it states that with the advent of social media, the issue of offensive and threatening speech has become a global problem”. There are many cases in which hate speech is used as an argument of free speech. The process becomes even more challenging when the officials are expected to draw a line between where free speech ends and hate speech begins. Certain domains of public speaking undoubtedly require legal measures and as a result few societies have designed legal framework in order to address the issue and this study provides different methods and approaches are considered in the process. The study also cites a number of international cases which aim to create a greater picture of these deleterious phenomena and although there are many elements of the ethical and moral dilemma in regards to the freedom of expression it is important that we are aware of the responsibility and the impact we have when using hate speech in any public appearances.
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Poshka, Agim. "HUMANISTIC ASPECTS IN THE LANGUAGE PLANING POLICIES." Knowledge International Journal 28, no. 7 (December 10, 2018): 2335–38. http://dx.doi.org/10.35120/kij29082335a.
Full textAbstract:
It is believed that language policies aim to organize, encourage but sometimes even discourage language rights. Although slowly states in the Balkans started to believe that language rights could be used as a tool for creation of social cohesion, there is one aspect of language practice that is ignored but seems to cause quite negative impact, and that is hate speech. This paper investigated modes in which this dangerous tool is harming inter-ethnic and inter-cultural stability in the region. It is a long term interest to the judicial system of every country to limit the negative impact that hate speech has to certain fragile societies. The study also reflects on particular laws that aim to expand the span of freedom of speech and minimize the presence of hate speech in public life. This derogatory behavior can ultimately produce hatred and in some cases even human sacrifices. A definition that is often available in literature regarding hate speech is that “hate speech is an abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation”. In other words the basic concept of using language for solely communicational purpose has switched to use language to insult, intimidate, or threaten a group or an individual and is primarily based on a particular characteristic or disability. In its violent history, Europe has witnessed a considerable number of cases of human rights violations, and recent ones often get the “prefix” of hate speech. Certain domains of public speaking undoubtedly require legal measures and few societies have already designed their legal framework in order to address the issue The conditions have become even more dramatic with the introduction of social media. There are thousands of pages and blogs in which hate speech is expressed publicly. In an article published by the legaldictionary.net it states that with the advent of social media, the issue of offensive and threatening speech has become a global problem”. There are many cases in which hate speech is used as an argument of free speech. The process becomes even more challenging when the officials are expected to draw a line between where free speech ends and hate speech begins. Certain domains of public speaking undoubtedly require legal measures and as a result few societies have designed legal framework in order to address the issue and this study provides different methods and approaches are considered in the process. The study also cites a number of international cases which aim to create a greater picture of these deleterious phenomena and although there are many elements of the ethical and moral dilemma in regards to the freedom of expression it is important that we are aware of the responsibility and the impact we have when using hate speech in any public appearances.
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Satria, Dimas Fandikha, Catur Wido Haruni, and Fitria Esfandiari. "Kepastian Hukum terhadap Iuran Peserta BPJS Pasca Putusan Mahkamah Agung Nomor 7P/HUM/2020." Indonesia Law Reform Journal 1, no. 2 (July 26, 2021): 153–64. http://dx.doi.org/10.22219/ilrej.v1i2.16934.
Full textAbstract:
This study is a study of the Supreme Court's decision in responding to the application of the Indonesian Dialysis Patient Community who objected to Presidential Regulation Number 75 of 2019 which increased the contributions for BPJS participants, this study aims to find out and examine what is the basis for judges' considerations, How Judge's Decisions, as well as knowing what the legal implications of the Supreme Court Decision Number 7P/HUM/2020 are. This study uses a normative research type by approaching a judicial decision, a statutory approach, a case approach, and a conceptual approach, the types and sources of law used are divided into 3 parts, namely Primary legal materials are legislation, secondary legal materials are literature books. law, dissertations, journals, and academic manuscripts of legislation, tertiary legal materials are law dictionaries, large Indonesian language dictionaries, and Encyclopedias. The results of this study indicate that there are juridical, sociological, and philosophical aspects which are the basis for the judge's consideration in this decision. When viewed from the aspect of legal certainty, this decision emphasizes the argument of the KPCDI application which states that presidential regulation Number 75 of 2019 is contrary to Law Number 24 of 2011 concerning BPJS, and states that the Presidential Regulation is legally flawed in substance. The implication of this decision is the transfer of the judicial process to a process outside the judiciary which must be carried out using a prospective concept. The author's suggestion is that the Supreme Court Judges can examine more deeply the legal effectiveness from the perspective of BPJS, Supreme Court Judges can use the concept of Judicial Activism to avoid legal vacuums, and delegate the legal basis for BPJS in carrying out their duties and functions to the Supreme Court Decisions until the issuance of new regulations. Abstrak Penelitian ini merupakan penelitian mengenai putusan Mahkamah Agung yang menanggapi permohonan Komunitas Pasien Cuci Darah Indonesia yang merasa keberatan dengan Peraturan Presiden Nomor 75 tahun 2019 yang menaikan iuran bagi peserta BPJS, penelitian ini bertujuan untuk mengetahui dan mengkaji apa yang menjadi dasar pertimbangan hakim, Bagaimana Putusan Hakim, serta mengetahui apa implikasi hukum atas Putusan Mahkamah Agung Nomor 7P/HUM/2020 tersebut. Penelitian ini menggunakan jenis penelitian normatif dengan melakukan pendekatan putusan peradilan, pendekatan perundang-undangan, pendekatan kasus, dan pendekatan konseptual, jenis dan sumber hukum yang digunakan dibagi menjadi 3 bagian, yaitu bahan hukum Primer adalah Perundang-undangan, bahan hukum sekunder adalah buku literatur hukum, disertasi, jurnal, dan naskah akademik perundang-undangan, bahan hukum tersier adalah kamus hukum, kamus besar bahasa Indonesia, dan Ensiklopedia. Hasil penelitian ini menunjukan bahwa terdapat aspek yuridis, sosiologis, dan aspek filosofis yang menjadi dasar pertimbangan hakim dalam putusan ini. Jika ditinjau aspek kepastian hukumnya putusan ini menekankan kepada dalil permohonan KPCDI yang menyatakan bahwa peraturan presiden Nomor 75 tahun 2019 bertentangan dengan Undang-undang Nomor 24 tahun 2011 tentang BPJS, serta menyatakan bahwa Peraturan Presiden tersebut cacat yuridis secara substansi. Implikasi dari putusan ini adalah pengalihan proses peradilan ke proses diluar peradilan yang harus dilakukan dengan menggunakan konsep prospektif. Saran penulis adalah Hakim Mahkamah Agung dapat mengkaji lebih dalam efektifitas hukum dari perspektif BPJS, Hakim Mahkamah Agung dapat menggunakan konsep Judicial Activism guna menghindari kekosongan hukum, serta melimpahkan dasar hukum bagi BPJS dalam melaksanakan tugas dan fungsinya kepada Putusan Mahkamah Agung sampai diterbitkannya peraturan yang baru.