INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE最新文献

{"title":"On the Juridical Relevance of the Phenomenological Notion of Person in Max Scheler and Edith Stein.","authors":"Francesco Galofaro","doi":"10.1007/s11196-021-09823-z","DOIUrl":"https://doi.org/10.1007/s11196-021-09823-z","url":null,"abstract":"<p><p>The paper presents a semiotic interpretation of the phenomenological debate on the notion of person, focusing in particular on Edmund Husserl, Max Scheler, and Edith Stein. The semiotic interpretation lets us identify the categories that orient the debate: collective/individual and subject/object. As we will see, the phenomenological analysis of the relation between person and social units such as the community, the association, and the mass shows similarities to contemporary socio-semiotic models. The difference between community, association, and mass provides an explanation for the establishment of legal systems. The notion of person we inherit from phenomenology can also be useful in facing juridical problems raised by the use of non-human decision-makers such as machine learning algorithms and artificial intelligence applications.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-021-09823-z","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40670343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Interpreting Intercepted Communication: A <i>Sui Generis</i> Translational Activity.","authors":"Nadja Capus,&nbsp;Ivana Havelka","doi":"10.1007/s11196-021-09876-0","DOIUrl":"https://doi.org/10.1007/s11196-021-09876-0","url":null,"abstract":"<p><p>Legal wiretapping has gained importance in law enforcement along with the development of information and communication technology. Understanding the language of intercepted persons is essential for the success of a police investigation. Hence, intercept interpreters, as we suggest calling them in this article, are hired. Little is known about this specific work at the interface between language and law. With this article, we desire to contribute to closing this gap by focussing particularly on the translational activity. Our study identifies a fragmented field of research due to the difficulty in accessing workers in this specific field who interpret in a highly confidential phase of criminal investigations. The findings, which are drawn from scarce studies and our empirical data derived from an online questionnaire for a pilot study in Switzerland, demonstrate the wide range of the performed activity intercept interpreting. This article is the first to present translational activity from the perspective of intercept interpreters. The activity differs in many ways from interpretation in court hearings or police interviews. Hence, we suggest categorising interlingual intercept interpretation as a translational activity <i>sui generis</i> and<i>-</i>since previous research has not done justice to the ethical and deontological questions that intercept interpretation raises-advocate for further transdisciplinary research in this field of translation.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9374636/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40702583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Global Regulation of \"Fake News\" in the Time of Oxymora: Facts and Fictions about the Covid-19 Pandemic as Coincidences or Predictive Programming?","authors":"Rostam J Neuwirth","doi":"10.1007/s11196-021-09840-y","DOIUrl":"https://doi.org/10.1007/s11196-021-09840-y","url":null,"abstract":"<p><p>The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called \"essentially oxymoronic concepts\", i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the domain of literature, the arts or mysticism. Today, however, many new technologies and other innovations are contributing to their rise also in the domains of science and of law. Particularly in law, their inherent contradictory quality of combining apparently antagonistic suppositions challenges the traditional dualistic mode of reasoning and binary logic. As reflected in terms like fake news, alternative facts or conspiracy theories, these concepts are seen as a threat to the rule of law and legal certainty and have been described as harbingers of an age of disinformation or post-truth. The challenge posed by these apparently contradictory concepts requires a closer look at the premises that guide our legal thinking and a more integrated theory of the senses and their role in law, as captured by the terms \"legal synaesthesia\" and \"legal semiotics\". It also calls for an inquiry into the mind's functioning generally and how it processes information in the creative process of decision making, linking thoughts and actions as well as facts and fictions. Based on the qualification of \"fake news\" as an oxymoron, this article critically examines the deficiencies in a dichotomous distinction between fact and fiction exemplified by information about the pandemic of coronavirus disease 2019 (Covid-19) in an attempt to clarify the principal issues for a global regulatory debate regarding \"fake news\".</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-021-09840-y","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38889995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COVID-19 Pandemic-Related Arguments in Polish Civil Litigation.","authors":"Anna Piszcz","doi":"10.1007/s11196-021-09875-1","DOIUrl":"https://doi.org/10.1007/s11196-021-09875-1","url":null,"abstract":"<p><p>The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to mid-July 2021 and examine COVID-19 pandemic-related arguments in a sample of litigated cases heard in Polish courts, more precisely 41 cases. In an attempt to establish the number and types of court cases in which such arguments have been raised, the population of individual case records was accessed electronically from the Ordinary Courts Judgments Portal (Pol. <i>Portal Orzeczeń Sądów Powszechnych</i>). The analysed research material consists of texts of written justifications published along with rulings of courts of the first instance in the Portal, except for texts regarding criminal cases and widely understood labour cases. This paper refers to certain theoretical aspects of argument and argumentation. Then, it sheds light on the use of COVID-19 pandemic-related arguments by the parties involved in litigation-as reported by the courts in written justifications-considering, amongst others, whether those arguments were found convincing by the courts. Based on a survey of relevant cases, an attempt was made to identify categories of COVID-19 pandemic-related arguments of the parties involved in litigation, raised in their legal submissions. Also a look into the tendencies in this regard was taken to see whether any patterns emerge and it is possible (or not) to discern different trends in the analysed phenomena. The point of the analysis in this article is both descriptive and normative.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8728475/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39799554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penetration of COVID-19 Related Terminology into Legal, Medical, and Journalistic Discourses.","authors":"Paula Trzaskawka,&nbsp;Joanna Kic-Drgas","doi":"10.1007/s11196-021-09881-3","DOIUrl":"https://doi.org/10.1007/s11196-021-09881-3","url":null,"abstract":"<p><p>March 2020 has become a moment of change in communication mode and quality. Previously, the media paid attention to the current affairs, however, never earlier the journalistic discourse has been so influentially affected by the ongoing phenomenon as in the case of COVID-19. Almost overnight the new terminological phenomena with specific legal or medical reference were introduced into everyday language mainly via mass media and become an important part of a pandemic related narration. The strong influence on the shape of the mentioned linguistic changes has mainly the adoption of new legal regulations due to the unexpected outbreak of the pandemic. The aim of the following paper is to investigate how COVID-19 pandemic affected the specialisation of the journalistic discourse and how different domains (law, medicine) are being influenced by new terminology and in other way round, how for example law and medicine influence new \"COVID language\". In order to take the interdisciplinary nature of the issue into account, the degree of hybridity of the selected texts will be examined by means of selected material analysis. The methodology applied in the paper uses an empirical approach and comparative analysis. The material used for the analysis comes from the selected Polish quality and boulevard press. The paper concerns the linguistic influence of the \"invisible enemy\" on the language presented in press. The main findings reveal the intense use of neologisms, borrowings, and it shows that the discourse was changed linguistically thanks to Student's t-test.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8752036/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39824543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Rise of Conspiracy Theories in the Pandemic Times.","authors":"Elżbieta Kużelewska,&nbsp;Mariusz Tomaszuk","doi":"10.1007/s11196-022-09910-9","DOIUrl":"https://doi.org/10.1007/s11196-022-09910-9","url":null,"abstract":"<p><p>COVID-19 pandemic occurred as an unexpected experience affecting all countries around the globe. In addition to the obvious health, economic and political effects, the COVID-19 pandemic triggered immense changes in the social spheres. People and institutions were forced to adjust to the new circumstances, change habits and move most or all of their activity online. In the completely virtual world, pandemic became a fertile ground for the bloom of the conspiracy theories already existing, but struggling for the global attention. The aim of the paper is to present three main conspiracy theories rapidly gaining popularity during the pandemic (the QAnon, anti-vaccination movements and anti-5G movements) and to analyse how they developed since the pandemic had been announced. In particular, the rising activity of the representatives of the movements will be analysed, as well as its acceleration in connection with pandemic and the resulting influence on social and political life. Finally, the paper will try examine whether the rapid development of conspiracy theories within societies has had any relations to the level of trust towards government-made decisions. The thesis being verified hereto is that pandemic accelerated the development of conspiracy theories due to the diminishing level of trust towards governments operating in the most difficult period in recent history. There are variety of reasons for the belief in conspiracy theories and they depend on the specificity of the theory and specificity of group of people it originates from. In general, it can be noted that all kind of conspiracies are developed by either (1) people who actually believe in them and are sharing them with good intentions (to warn other about the dangers hidden behind certain actions or institutions) or (2) malignant individuals whose aim is to discord or discredit an opponent or critic or, alternatively, distract attention from misconduct or lack of competence.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9325658/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40589845","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"European Human Rights Dimension of the Online Access to Cultural Heritage in Times of the COVID-19 Outbreak.","authors":"Elżbieta Kużelewska,&nbsp;Mariusz Tomaszuk","doi":"10.1007/s11196-020-09712-x","DOIUrl":"https://doi.org/10.1007/s11196-020-09712-x","url":null,"abstract":"<p><p>The 1948 Universal Declaration of Human Rights recognized that \"everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits\". As a result, cultural rights have been understood as inseparable from human rights and require protection mechanisms within particular international (including regional) legal systems. The European continent is proud to have developed one of the most effective mechanisms of the human rights protection by establishing the Council of Europe and adopting the European Court of Human Rights. The recent outbreak of the COVID-19 reformulated many concepts of access to human rights and possibilities to enjoy freedoms. Even if access to culture (access to cultural heritage) has been available online for many years, it is the time of globally occurring lockdowns that forced people to stay home and found themselves in a situation when all of a sudden online access to culture became the only way of access to culture. The article aims to analyze the current situation in Europe by asking questions if and how online access to culture is recognized and protected under the Council of Europe's mechanisms with special emphasis on the case-law of the European Court of Human Rights in this field.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-020-09712-x","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38622188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Politicizing the Pandemic: A Schemata Analysis of COVID-19 News in Two Selected Newspapers.","authors":"Ali Haif Abbas","doi":"10.1007/s11196-020-09745-2","DOIUrl":"https://doi.org/10.1007/s11196-020-09745-2","url":null,"abstract":"<p><p>This article critically studies coronavirus (COVID-19) pandemic news in the press. The article attempts to study the way the news of COVID-19 is used for political and ideological purposes. In order to achieve the aim, two newspapers namely, The New York Times from the United States of America and Global Times from China are selected. Van Dijk's news schemata framework is used for the analysis of the reports selected from the two newspapers. Van Dijk's news schemata is crucial for the analysis of any news story (report) whether such a news story is taken from a news channel or a newspaper and whether broadcasted or printed. Based on data analysis, the article found out that the news of COVID-19 has been politicized and used for ideological interests. The article recommends that pandemics should not be politicized, instead we should work together to save our lives and live peacefully.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1007/s11196-020-09745-2","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"38622192","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial Introduction.","authors":"Jacob Mchangama,&nbsp;Natalie Alkiviadou","doi":"10.1007/s11196-022-09953-y","DOIUrl":"https://doi.org/10.1007/s11196-022-09953-y","url":null,"abstract":"","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9640858/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"40698297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Toothless Rhetoric or Strategic Polemic? A Textual and Contextual Analysis of Japan's Hate Speech Law.","authors":"Richard Powell","doi":"10.1007/s11196-022-09883-9","DOIUrl":"https://doi.org/10.1007/s11196-022-09883-9","url":null,"abstract":"<p><p>In May, 2016 the Diet passed a law on the \"Promotion of efforts to eliminate unfair discriminatory speech and behaviour against people originating from outside Japan\", widely referred to as ヘイトスピーチ (<i>Heito Supiichi Hō</i> /Hate Speech Law). For some residents of Japan it had been a long time coming. Without any laws specifically prohibiting racially discriminatory speech or writing, aggrieved parties had hitherto been forced to resort to indirect lines of protection. In 1999, for example, a Brazilian national ejected from a jewelry shop displaying a poster saying \"No foreigners allowed\" obtained a favourable ruling citing Japan's ratification of the International Convention on the Elimination of All Forms of Racial Discrimination; and in 2013 an injunction for defamation and obstruction of business was granted on behalf of a school for children of North Korean descent repeatedly subjected to provocative demonstrations. But others questioned the need to reinforce limits on freedom of expression even in the face of aggressive taunts, with some claiming that incidents of racial discrimination in Japan lacked the historical, entrenched and violent dimensions that had prompted hate speech laws in Europe and elsewhere. When the text of the proposed law became public there was also debate about its utility as such an abstract measure seemed inapplicable to many potential victims and lacked punitive sanctions. Against this criticism it could be argued that the law went about as far as the government could expect to go if it were to get it passed; that it appears to be curtailing a particularly aggressive form of hate speech; and that it has ushered in a number of more specific initiatives, especially at local level. This study will begin with the 2016 text itself, drawing on the semiotic framework of Systemic Functional Grammar to explore how it prioritises general principles over specific regulations. This textual analysis will be followed by a contextual account of why the Law was constructed as it was, how it has influenced awareness of hate speech, and where it fits in with an existing genre of non-coercive legislation in Japan.</p><p><strong>Supplementary information: </strong>The online version contains supplementary material available at 10.1007/s11196-022-09883-9.</p>","PeriodicalId":44376,"journal":{"name":"INTERNATIONAL JOURNAL FOR THE SEMIOTICS OF LAW-REVUE INTERNATIONALE DE SEMIOTIQUE JURIDIQUE","volume":null,"pages":null},"PeriodicalIF":0.8,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8853277/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"39944644","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}