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International Journal of Legal Discourse最新文献

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Sweeping and eliminating evils: a diachronic study of mafia in China 肃清除恶:中国黑手党的历时性研究
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-09-01 DOI: 10.1515/ijld-2019-2023
Xinlin Peng, Mingyu Gong, J. Bing
{"title":"Sweeping and eliminating evils: a diachronic study of mafia in China","authors":"Xinlin Peng, Mingyu Gong, J. Bing","doi":"10.1515/ijld-2019-2023","DOIUrl":"https://doi.org/10.1515/ijld-2019-2023","url":null,"abstract":"Abstract Mafia organizations have long been a threat to Chinese society. The development of mafia organizations in China have experienced four stages: formation, dying out, resurgence, and recurrence. The Chinese government has attached great importance to the governance of mafia organizations and has suppressed mafia forces with some notable achievements. In January 2018, the Chinese government carried out a nationwide special campaign, “sweeping and eliminating evils” [sao hei chu’ e], to crack down gangs’ crimes in China. Different from previous actions, the recent campaign has changed its focus from “fighting” [da] to “sweeping” [sao], showing the changing focus of Beijing’s strategy in the crackdown on mafia organizations. In view of this, this study investigates the past, present and future of China’s governance of mafia organization crimes in the current context from a historical, norm-analytical approach. On the basis of a systematic review on the development of mafia organizations in China, this study, drawing on the current situation, discusses the process and main strategies of the mafia organization governance, and analyses the reasons for and the problems in the special campaign “sweeping and eliminating evils” in the new era. This study also provides plans and suggestions on how to advance the campaign from the perspective of the rule of law.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73720368","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The memory of judgment: The Holocaust, witnesses and mediocrity in William Gass’s Middle C 审判的记忆:威廉·加斯的《中C》中的大屠杀、目击者和平庸
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-09-01 DOI: 10.1515/ijld-2019-2021
F. Fang, Zhixiang Gao
{"title":"The memory of judgment: The Holocaust, witnesses and mediocrity in William Gass’s Middle C","authors":"F. Fang, Zhixiang Gao","doi":"10.1515/ijld-2019-2021","DOIUrl":"https://doi.org/10.1515/ijld-2019-2021","url":null,"abstract":"Abstract The memory of judgment and the Holocaust is of great interest in postmodernists’ writings. The relationship between postmodernism and the Holocaust is always paradoxically juxtaposed. William Gass, an American postmodern writer and critic, touches the topic of the Holocaust in his masterpiece Middle C (2013). Gass tends to trivialize fascism to every man and every ordinary life, to disrespect the “sacred”. The novel has the skill in faking the identity or the details of its putative history. Is the Holocaust a subcategory of war crimes or the inhumanity of genocide? Is there any reliable way of establishing the reality of the Holocaust either through the memory of groups or individuals? Are genocide and occasional or no systematic atrocities the inevitability of a state? In this paper, we tend to explore the collective memory and individual memory of witnesses of the Holocaust presented in Middle C and the puzzlement of judgment as a war crime or inhuman genocide, thus arguing the ethos of history and shock of mediocrity in our daily life.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85572564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Frontmatter
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-06-13 DOI: 10.1515/ijld-2019-frontmatter1
{"title":"Frontmatter","authors":"","doi":"10.1515/ijld-2019-frontmatter1","DOIUrl":"https://doi.org/10.1515/ijld-2019-frontmatter1","url":null,"abstract":"","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78943948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Features of the language of law: A comparative study of Polish, English and Indonesian legal texts 法律语言的特点:波兰语、英语和印度尼西亚法律文本的比较研究
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-04-26 DOI: 10.1515/ijld-2019-2013
Daria Zozula
{"title":"Features of the language of law: A comparative study of Polish, English and Indonesian legal texts","authors":"Daria Zozula","doi":"10.1515/ijld-2019-2013","DOIUrl":"https://doi.org/10.1515/ijld-2019-2013","url":null,"abstract":"Abstract Researchers studying the language of law agree that there is a number of certain features which are characteristic of the legal genre, regardless of the language of the legal text. Among the most commonly listed features of lingua legis are: conventionalised sentences, performative verbs, Latinisms, euphemisms, and time expressions. The paper provides a discussion of these features, as well as provides examples of their occurrence in Polish, English, and Indonesian legal texts. The analised corpus includes the 1945 Constitution of the Republic of Indonesia, the Constitution of the Republic of Poland, The Constitution of the United States of America with amendments, Polish and Indonesian Civil Codes (clauses concerning obligations), together with a set of parallel texts of rental agreements and real estate sale contracts.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76771273","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
The Web as a legal language resource 网络作为法律语言资源
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-04-26 DOI: 10.1515/ijld-2019-2016
Patrizia Giampieri
{"title":"The Web as a legal language resource","authors":"Patrizia Giampieri","doi":"10.1515/ijld-2019-2016","DOIUrl":"https://doi.org/10.1515/ijld-2019-2016","url":null,"abstract":"Abstract The literature has long explored the Web as corpus for language research and practice. However, little has been written on the Web as a legal language resource. This paper is aimed at exploring the Web as a tool which can provide answers to legal language queries. In this respect, it will show how Google advanced search and the WebCorp Web concordancer can shed light on legal language and bring recurrent patterns to the surface. To this aim, a few issues will be addressed touching upon the query search syntax, the choice of the best translation candidates, the extraction of frequent collocations, the noticing of high recurrences, etc. Considering the shortcomings and the advantages of Google advanced search and of the WebCorp Web concordancer, the paper findings will argue that the Web as corpus can be a reliable legal language resource as long as a selection of tools are used, and the query syntax is accurate.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77197222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Meaning construction and judicial identification: Difficulties and countermeasures of criminal regulation of illegal fundraising behavior on online P2P lending platforms 意义建构与司法认定:网络P2P借贷平台非法集资行为刑事规制的难点与对策
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-04-26 DOI: 10.1515/ijld-2019-2018
Xinlin Peng, X. Luo, Jian Li
{"title":"Meaning construction and judicial identification: Difficulties and countermeasures of criminal regulation of illegal fundraising behavior on online P2P lending platforms","authors":"Xinlin Peng, X. Luo, Jian Li","doi":"10.1515/ijld-2019-2018","DOIUrl":"https://doi.org/10.1515/ijld-2019-2018","url":null,"abstract":"Abstract At present, there exist several difficulties in the criminal regulation of illegal fundraising activities on China’s P2P platforms, such as discovering, identifying, tracking, and preventing. To solve these difficulties in the criminal regulations, this study applies the problem-oriented approach to evaluate the meaning constructions of illegal fundraising behavior on online P2P lending platforms in the corresponding judicial identifications, that is, judicial regulations and interpretations. After analyzing the judicial documents of 192 criminal cases in China, this study finds that it is necessary to actively draw on successful extra-territorial experience, and further establish a reasonable balance between maintaining financial security and promoting financial innovation. Specifically, the judiciary could adjust the current single loose criminal policy into one that combines leniency with rigidity, perfect the criminal law and its interpretation system of illegal fundraising behavior on P2P platforms, strengthen the connection mechanism of punishment and execution, explore the specialized case-handling mechanism, and implement a case guidance system.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79353754","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
#MeToo: A tentacular movement of positionality and legal powers #MeToo:一场关于地位和法律权力的触手运动
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-04-26 DOI: 10.1515/ijld-2019-2017
Sarah Marusek, A. Wagner
{"title":"#MeToo: A tentacular movement of positionality and legal powers","authors":"Sarah Marusek, A. Wagner","doi":"10.1515/ijld-2019-2017","DOIUrl":"https://doi.org/10.1515/ijld-2019-2017","url":null,"abstract":"Abstract Kraken theory aims at showing that legal theory and practice are not built as a single block, but are more a kind of tentacular movement of positionality and legal powers, offering competing theoretical and practical angles from which Kraken and Octopus can choose their distinctive moves to act for and/or against #MeToo. It shows how these varieties of rumors are distributed in #MeToo, when they may scrutinize their next strategic moves (be it at the surface or for purposes of defamation), and why the mechanism of distinctiveness inherent in this hashtag is explored within the spatio-temporal perspectives of U.S.A. and France.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77781146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 6
When is she a woman?: Gendered subject forming language in TRAP laws 她什么时候是女人了?陷阱法律中的性别主体构成语言
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-04-26 DOI: 10.1515/ijld-2019-2014
Nathan Black Rupp
{"title":"When is she a woman?: Gendered subject forming language in TRAP laws","authors":"Nathan Black Rupp","doi":"10.1515/ijld-2019-2014","DOIUrl":"https://doi.org/10.1515/ijld-2019-2014","url":null,"abstract":"Abstract This article examines the ways in which states can exercise dispersed disciplinary power as exemplified in a selective erasure of gender from Indiana’s Targeted Regulations of Abortion Providers (TRAP) laws. To do this, this article investigates a critical discourse analysis using Indiana’s TRAP laws that have been brought to the floor of the state legislature from 2013–2018. The major narrative present throughout these texts is an intentional re-framing of gendered subjectivity or who gets to be called “woman”. Such state-driven discourse has the power to regulate social norms. Such norms and language assumptions often find their way into policy, including those defining how women can act or not act in regard to the termination of a pregnancy. Thus, by examining how TRAP laws deploy certain discourse, one better understands how the state, via legislation, takes an active role in controlling the public sphere by becoming an institutionalized pattern of interpretation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73139482","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Framing terminology in legal translation 法律翻译中的框架术语
IF 1.5
International Journal of Legal Discourse Pub Date : 2019-04-26 DOI: 10.1515/ijld-2019-2015
P. Faber, A. Reimerink
{"title":"Framing terminology in legal translation","authors":"P. Faber, A. Reimerink","doi":"10.1515/ijld-2019-2015","DOIUrl":"https://doi.org/10.1515/ijld-2019-2015","url":null,"abstract":"Abstract Legal language and its translation are considerably more complex than scientific and technical translation because the legal object is a text that performs an action. For this reason it is not only necessary to consider the legal terminology but also the structure of the text itself as well as the verbs used and their performative act. In this paper, we explore how the analysis of terminological meaning in legal texts can be addressed from the perspective of Frame-Based Terminology (FBT), a cognitive approach to domain-specific language, which directly links specialized knowledge representation to cognitive linguistics and cognitive semantics. In a case study on international agreements in the context of environmental law, we analyze the argument structure of verbs as well as the conceptual categories of their semantic arguments providing insights into the semantic profile of this text type. The representation of the verb class and its semantic arguments can be considered a type of interlingua that could be used as a basis for translation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81526640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Evolution and issues of marine pollution law in China: From 1970s to 2018 20世纪70年代至2018年中国海洋污染法律的演变与问题
IF 1.5
International Journal of Legal Discourse Pub Date : 2018-12-19 DOI: 10.1515/ijld-2018-2012
Yingying Li
{"title":"Evolution and issues of marine pollution law in China: From 1970s to 2018","authors":"Yingying Li","doi":"10.1515/ijld-2018-2012","DOIUrl":"https://doi.org/10.1515/ijld-2018-2012","url":null,"abstract":"Abstract What’s responsibility Sanchi oil tanker should take under Chinese law? Under the initiative of the belt and one road, especially Maritime Silk Road, China Maritime Court has extended jurisdiction to cover all cases arising from seawater since 2016, which means that China Maritime Court has criminal and administrative jurisdiction in maritime affairs besides civil jurisdiction in the near future. The compound mode of jurisdiction is one of the most important steps in the judicial reform of China. This development will affect maritime legislation deeply, especially marine pollution law. China has made the great improvement in marine pollution legislation in the past forty-five years. However, due to the old administrative pattern of land-based strategy, “from many doors” becomes the difficult pyridoxine for practice; Chinese governments used to depending on the special regulations instead of Ocean Basic Law to regulate marine pollution act, there is no global law to regulate marine pollution act up to now. Based on the results of marine pollution cases judged or solved by the China Maritime Court, marine polluter only needs to pay economic damages and there is no criminal liability. For solving practical matters more efficiently and thoroughly, and for protecting the marine environment more globally, we’d better adjust administrative management pattern, make Ocean Basic Law, and set multiple liabilities for marine polluter and unify marine pollution legislation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76200513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
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