International Journal of Legal Discourse最新文献_第3页

Yanping Liu, Minghai Tian, Yanming Shao: Cybercrimes and Financial Crimes in the Global Era 刘艳萍，田明海，邵彦明:全球化时代的网络犯罪与金融犯罪

IF 1.5

International Journal of Legal Discourse Pub Date : 2023-04-01 DOI: 10.1007/978-981-19-3189-5

Hui Li, Jian Li

引用次数: 0

Frontmatter 头版头条

International Journal of Legal Discourse Pub Date : 2023-04-01 DOI: 10.1515/ijld-2023-frontmatter1

引用次数: 0

Chunlei Zhao: International investment and dispute settlement: understanding the China-European Union Comprehensive Agreement on Investment 赵春雷:国际投资与争端解决:解读中欧投资全面协定

IF 1.5

International Journal of Legal Discourse Pub Date : 2023-04-01 DOI: 10.1515/ijld-2023-2008

Kuang-Pin Li, W. Shen

引用次数: 0

Yanping Liu, Minghai Tian, Yanming Shao: Cybercrimes and Financial Crimes in the Global Era 刘艳萍，田明海，邵彦明:全球化时代的网络犯罪与金融犯罪

International Journal of Legal Discourse Pub Date : 2023-04-01 DOI: 10.1515/ijld-2023-2007

Hui Li, Jian Li

引用次数: 0

Scaling Scalia: problems for Scalia’s legal theory 缩放斯卡利亚:斯卡利亚法律理论的问题

IF 1.5

International Journal of Legal Discourse Pub Date : 2023-04-01 DOI: 10.1515/ijld-2023-2002

Nathan Huffine

引用次数: 1

Translation in pre-trial phases of the judicial process: developing a norm-based framework to train translators working into Arabic 司法程序审前阶段的翻译:制定以规范为基础的框架，培训从事阿拉伯语翻译工作的翻译人员

IF 1.5

International Journal of Legal Discourse Pub Date : 2023-04-01 DOI: 10.1515/ijld-2023-2004

Sonia Halimi

{"title":"Translation in pre-trial phases of the judicial process: developing a norm-based framework to train translators working into Arabic","authors":"Sonia Halimi","doi":"10.1515/ijld-2023-2004","DOIUrl":"https://doi.org/10.1515/ijld-2023-2004","url":null,"abstract":"Abstract The present study examines the implications of judicial translation in the context of international migration and its relationship with the law of the host country. In this context, judicial translation involves highly sensitive documents that can be as varied as family registers and statutory declarations. It also refers to specific legal instances of interaction with judicial authorities in which the observance of certain communication norms is of paramount importance. This is particularly true in the strict setting of a judicial interview. This paper describes how translation is performed in a pre-trial police interview in which the communication of certain basic legal obligations becomes challenging for a migrant person, due to differences in legal backgrounds. In such a situation, the main question is as follows: how can differences in basic legal notions be dealt with in the particularly strict setting of a judicial interview with the assistance of a translator? To answer this question, the study focuses on a threefold challenge for the translator, who must be equipped to handle language, translation and legal/ethical norms. It proposes a translation framework based on these norms and the way in which they are applied in a real interview. It seeks to guide the translation task and serve as a tool for judicial translation training. With regard to the translation norm, the study shows that discursive creation is to be the most relevant technique to represent concepts that do not have counterparts in the target language. Although the foreign element in the new terminology may Ahighlight the boundary between the foreign law and the target legal institution, this technique also leads to the creation of new concepts in the target institution.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88545119","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

Equality in view of political correctness, cancel culture and other oxymora 平等观中的政治正确、取消文化等矛盾

IF 1.5

International Journal of Legal Discourse Pub Date : 2023-04-01 DOI: 10.1515/ijld-2023-2003

R. Neuwirth

{"title":"Equality in view of political correctness, cancel culture and other oxymora","authors":"R. Neuwirth","doi":"10.1515/ijld-2023-2003","DOIUrl":"https://doi.org/10.1515/ijld-2023-2003","url":null,"abstract":"Abstract “Political correctness” and “cancel culture” are two concepts frequently invoked to control speech and influence debates with a view to establishing greater equality across the globe. Even though their usage has also been met with criticism, there is a strong merit in these attempts, as language change is indicative of wider cognitive changes that are eventually also transformed into changes in the law and society. Based on the wider trend of a rise in so-called “essentially oxymoronic concepts” in public discourses in general and equality debates in particular, this article proposes to analyse the present linguistic trends in order to better understand the deeper causes and related challenges to legal reasoning posed by “political correctness”, “cancel culture” and other terms that have been qualified as oxymora or paradoxes. Based on the view that oxymora and paradoxes are not mere aspects of language but also expressions of deeper layers of human cognition, the article ponders the need not merely to control the external aspects of language use but also to inquire more deeply into the inner workings of the brain and its underlying cognitive processes. In this endeavour it critically examines the dominant modes of dualistic or dichotomized thinking and binary logic, which – when regarded in isolation – appear to cause most discriminatory acts and violations of the principle of equality.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91382630","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

Extraterritorial experiences and China’s decision to curb extortion of confessions through torture 域外经验和中国遏制刑讯逼供的决定

IF 1.5

International Journal of Legal Discourse Pub Date : 2022-12-01 DOI: 10.1515/ijld-2022-2076

Xinlin Peng, Heping Dang

引用次数: 0

How do Chinese judges invoke the constitution? Analysis based on 1907 decisions 中国法官如何援引宪法?根据1907项决定进行分析

IF 1.5

International Journal of Legal Discourse Pub Date : 2022-12-01 DOI: 10.1515/ijld-2022-2074

Jun Yu, Jingxiong Cao, Le Cheng

{"title":"How do Chinese judges invoke the constitution? Analysis based on 1907 decisions","authors":"Jun Yu, Jingxiong Cao, Le Cheng","doi":"10.1515/ijld-2022-2074","DOIUrl":"https://doi.org/10.1515/ijld-2022-2074","url":null,"abstract":"Abstract The abolition of the judicial interpretation issued by the Supreme People’s Court of the People’s Republic of China in Qi Yuling’s case marks the end of the trend of developing a judicial constitutional review system in China, but issues of courts invoking constitutional norms in judicial decisions continue to arise. This essay investigates the actual situation of the Constitution in judicial decisions by categorizing 1907 court decisions that invoked the Constitution as the reasoning basis and the court decisions which invoked the Constitution as the decision-making basis and by exploring the logic of the use of the Constitution by Chinese judges. In the absence of a constitutional review system, the primary sense of Chinese judges invoking constitutional norms is characterized by “simplistic reasoning”, “politicized enforcement” and the “parent law” concept. The insufficient judgment reason is a universal feature of judicial adjudication in Chinese courts. However, due to the lack of a constitutional review system, the poor perception of the interpretation and application of the constitution may exacerbate the lack of legal arguments invoked by the Constitution. The political model of Constitution enforcement in China makes judges invoke the Constitution in judicial decisions by “asserting the prestige of the Constitution”, which leads to numerous errors in legal argumentation in judicial decisions. This also reflects the tendency of “political enforcement” to take precedence over the legal enforcement of the Constitution. The influence of the old “parent law” concept is that judges can arbitrarily apply constitutional norms directly to civil cases, including fundamental rights norms. By summarizing and describing the above three features, we can depict the activities of current Chinese courts in invoking the Constitution.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73455225","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

Le Cheng, Jiamin Pei and Jian Li: “Belt & Road” digital and cyber governance system 程乐、裴家民、李健:“一带一路”数字与网络治理体系

IF 1.5

International Journal of Legal Discourse Pub Date : 2022-12-01 DOI: 10.1515/ijld-2022-2077

Yun Zhao, Antong Lu

引用次数: 1