International Journal of Legal Discourse最新文献_第5页

Verena, Klappstein and Maciej Dybowski: theory of legal evidence—Evidence in legal theory Verena, kappstein和Maciej Dybowski:法律证据理论——法律理论中的证据

IF 1.5

International Journal of Legal Discourse Pub Date : 2022-04-01 DOI: 10.1515/ijld-2022-2070

Yanping Liu, Furui Wang

引用次数: 1

The language of evaluation in a Philippine drug trial: an appraisal framework perspective 菲律宾药物试验中的评价语言:评价框架视角

IF 1.5

International Journal of Legal Discourse Pub Date : 2022-04-01 DOI: 10.1515/ijld-2022-2068

Ina Francesca G. Deuna, Rachelle Ballesteros-Lintao

{"title":"The language of evaluation in a Philippine drug trial: an appraisal framework perspective","authors":"Ina Francesca G. Deuna, Rachelle Ballesteros-Lintao","doi":"10.1515/ijld-2022-2068","DOIUrl":"https://doi.org/10.1515/ijld-2022-2068","url":null,"abstract":"Abstract In courtroom discourses, evaluative language serves a pivotal role in assessing witnesses for determining the credibility of the testimonies provided and consequently influencing the outcome of the trial. Adopting the appraisal framework, this paper conducted a case study to examine the attitude resources used by court participants in a Philippine drug trial to determine the presence and use of evaluations in courtroom discourse, particularly across trial stages. Results showed that JUDGMENT is the most prevalent valuation in the study with its sub-system Tenacity scoring the highest frequency, followed by APPRECIATION and its sub-category valuation, while AFFECT was uncommon in the trial. The attitude items were also found to be most prevalent in the direct-examination and cross-examination stages to highlight the following: the knowledge of the witnesses on the incident, their involvement in the incident, and the sources of their information. It also showed the adherence of the judge to the principle of neutrality as the decision focused on the legal norms of the facts of the case. The results also attest that ‘legality’ is a distinct feature of the evaluative language in courtroom discourse.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76800658","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: 5

Exploring Chinese cyber discourse: integrating political and legal perspectives 探讨中国网络话语:整合政治与法律视角

IF 1.5

International Journal of Legal Discourse Pub Date : 2022-04-01 DOI: 10.1515/ijld-2022-2063

Le Cheng, Xiuli Liu

引用次数: 4

The use of discourse expertise to control the provision of legal services and establish discursive hegemony in commercial law practice: a case study from Europe 运用话语专业知识控制法律服务的提供，建立商法实践中的话语霸权:以欧洲为例

IF 1.5

International Journal of Legal Discourse Pub Date : 2022-04-01 DOI: 10.1515/ijld-2022-2062

Anthony Townley

{"title":"The use of discourse expertise to control the provision of legal services and establish discursive hegemony in commercial law practice: a case study from Europe","authors":"Anthony Townley","doi":"10.1515/ijld-2022-2062","DOIUrl":"https://doi.org/10.1515/ijld-2022-2062","url":null,"abstract":"Abstract This study examines the commercial law context in which two different law firms representing the same company client engaged in hegemonic discourses to establish control over the provision of legal services for an international Merger and Acquisition (M&A) transaction, which was negotiated across different European jurisdictions in English. The ability to construct and maintain discursive hegemony can help strengthen a dominant position for lawyers in a competitive market for professional services. For this type of professional activity, discursive hegemony relates to power that is achieved through discourse expertise, and the way it was used to prioritize legal advice about a contentious issue and persuade the other discourse participants to accept it. Discourse expertise involves the ability to access and leverage disciplinary knowledge and deploy a range of discursive-communicative strategies to deal with contested orders of interactional discourse. In conjunction with discourse and genre analysis of authentic negotiation documents and emails sourced from one of the participating law firms in Istanbul, the research process involved on-site interviews at the law firm to obtain grounded explanations of the discursive strategies and practices used by lawyers actually involved in the M&A negotiation process. This ethnographic research also revealed how hegemonic features of discourse expertise are operationalized under the law firm’s mentoring system to the point where they become embedded in its disciplinary culture and professional reputation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79670305","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 : 2021-12-01 DOI: 10.1515/ijld-2021-frontmatter2

引用次数: 0

Julian Wyatt (2019): intertemporal linguistics in international law: beyond contemporaneous and evolutionary treaty interpretation 朱利安·怀亚特(2019):国际法中的跨期语言学:超越当代和进化的条约解释

IF 1.5

International Journal of Legal Discourse Pub Date : 2021-11-25 DOI: 10.1515/ijld-2021-2061

Xiyao Bian, Jun Zhao

引用次数: 0

Exploring digital economy: a sociosemiotic perspective 探索数字经济:一个社会符号学的视角

IF 1.5

International Journal of Legal Discourse Pub Date : 2021-11-25 DOI: 10.1515/ijld-2021-2053

Ming Hu, Xitao Hu, Le Cheng

{"title":"Exploring digital economy: a sociosemiotic perspective","authors":"Ming Hu, Xitao Hu, Le Cheng","doi":"10.1515/ijld-2021-2053","DOIUrl":"https://doi.org/10.1515/ijld-2021-2053","url":null,"abstract":"Abstract Digital technologies have transformed our lives with unimaginable speed and scale, delivering immense opportunities and daunting challenges and leading to the birth of the digital economy. China and the United States (US) are two leading countries in the digital economy in both size and growth rate. This study employs both quantitative and qualitative methods to investigate the similarities and differences between the US and Chinese legislation from a sociosemiotic perspective. By comparing the high frequency words in the two purpose-built corpora, it can be noted that as digital economy, a social sign, has the characteristics of spatiality and temporality. The US federal legislation related to digital economy focuses more on security and protection and has more specific regulations in individual industries, while Chinese legislation is more concerned with the strategy and guideline of development of industries and technologies in digital economy. In the meantime, information infrastructure and information and communication technologies are identified as the foundation and core elements shared in the two countries’ digital economies. Such a corpus-based sociosemiotic exploration of digital economy can shed light on relevant studies in the discourse analysis of legal texts.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91391640","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

A science mapping of studies on courtroom discourse with CiteSpace CiteSpace对法庭语篇研究的科学映射

IF 1.5

International Journal of Legal Discourse Pub Date : 2021-11-25 DOI: 10.1515/ijld-2021-2057

Min Yang, Min Wang

{"title":"A science mapping of studies on courtroom discourse with CiteSpace","authors":"Min Yang, Min Wang","doi":"10.1515/ijld-2021-2057","DOIUrl":"https://doi.org/10.1515/ijld-2021-2057","url":null,"abstract":"Abstract The courtroom, as the most dramatic setting of legal language, is a rich linguistic domain for research; therefore, a science mapping study of the state of the art of this emerging field is of necessity. By CiteSpace V, the present study provides a comprehensive and up-to-date systematic review of the research on courtroom discourse, as presented by 379 article publications and their 10,538 references in the Web of Science (WoS) Core Collection from 1979 to 2021. According to statistics on publications by year, it appears that courtroom discourse research has experienced a period of silence (1979–1992), followed by an emergent period (1993–2005), before entering a period of considerable growth since 2006. Weak cooperative networks, extensive information base, multiple research fronts, and dynamic hotspots of courtroom discourse research have been discovered. Courtroom discourse research focuses on three core topics: courtroom interpreting, the interaction between law, language, power, and ideology, and the investigation of courtroom trial structures. Linguistic communication issues are prominent in courtroom discourse. As far as courtroom subjects are concerned, there is an audience-oriented turn in the latest research front of courtroom discourse. The research hotspots have shifted from language ontology during the emergent period to consolidating and developing the theoretical foundations of courtroom discourse during the rapid development period. According to keyword clustering, stance studies and miscommunication research are significant research hotspots of courtroom discourse.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83559004","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

Visualizing international studies on cyberspace sovereignty: concept, rationality, and legitimacy 网络空间主权的国际研究可视化:概念、合理性与合法性

IF 1.5

International Journal of Legal Discourse Pub Date : 2021-11-25 DOI: 10.1515/ijld-2021-2056

Jianzhong Shi, Ming Xu

引用次数: 7

Legislative discourse of digital governance: a corpus-driven comparative study of laws in the European Union and China 数字治理的立法话语:欧盟和中国法律的语料库驱动的比较研究

IF 1.5

International Journal of Legal Discourse Pub Date : 2021-11-25 DOI: 10.1515/ijld-2021-2059

Siyue Li, C. Kit

{"title":"Legislative discourse of digital governance: a corpus-driven comparative study of laws in the European Union and China","authors":"Siyue Li, C. Kit","doi":"10.1515/ijld-2021-2059","DOIUrl":"https://doi.org/10.1515/ijld-2021-2059","url":null,"abstract":"Abstract Based on the self-compiled corpora of the European Union and Chinese laws on data governance, this study adopts a corpus-driven approach to comparatively study the legislative design of the EU and China on digital governance, especially on key issues such as data protection, data processing and utilization, and cross-border data transfer. It is found through corpus analysis that the EU has developed a relatively comprehensive data protection system, which internally focuses on the protection of individual data rights and externally sets high standards on the cross-border transfer of data. Despite the data protection paradigm as it manifests, the EU is facing new challenges on data exportation, data jurisdiction in the competitive digital marketplace. Shared the same concern on the data protection legislation, Chinese data law has made significant progress in personal data protection with the nascent enactment of Data Security Law and Personal Data Protection Law. Notably, Chinese legislation features the hierarchal taxonomy of data under the principle of the national security exception, while it requires more legislative skills, flexible response mechanisms, and more subordinate laws to prevent future data security threats. Moreover, the corpus-driven method conducted in this study provides evidential insights for the comparative legal textual studies across jurisdictions.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76088788","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