International Journal of Legal Discourse最新文献

{"title":"Instrumentalization of law as a socially constituted sign-system","authors":"A. Wagner, Aleksandra Matulewska","doi":"10.1515/ijld-2020-2041","DOIUrl":"https://doi.org/10.1515/ijld-2020-2041","url":null,"abstract":"In this Special Issue, thenotionof “socially constituted sign-system” is beingexplored within broad philosophical, linguistic and legal contexts. It is suggested that the socially constituted sign-system represents several types of instrumentalization of law, as a salient perspective associated with the philosophy of semiotics, legal translation issues and the recent contributions to legal language and law. Instrumentalizing law is not merely a response that permits the exchange of signs, but it leads to a cognitive system generating, modifying or transplanting signs from one space to another. Accordingly, the role of legal actors, jurilinguists, legal translators and legal semioticians cannot be constituted of a merely exchange of signs. This exchange proceeds from a cognitive system that detects, analyzes,modifies and transfers signs fromone socially constituted sign-system to another. Although it may seem easy to transfer knowledge to another system, it requires the actor to be capable of incorporating, influencing and acting on this knowledge so that the initial content can be understood and accessible to other communities. As a consequence, linguistic, legal and semiotic skills have to allow constructing a transition between twodifferent cultures, permitting the second one to understand the first one. It implies “an overlapping of segments of disciplines, a recombination of knowledge in new specialized fields” (Dogan 1997, p. 435). Any transfer of knowledge in suchnewfieldsmust take into account the effectiveness of communication, otherwise the transfer is defective and the process of knowledge acquisition is not in compliance with the intent of the message producers. Furthermore, the instrumentalization of law is pivotal for rights and obligations’ observance. Actors need law, which is comprehensible, accessible and socially acceptable, not to feel the urge or temptation to circumvent it or look for loopholes.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74533372","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}

{"title":"Cultural, textual and linguistic aspects of legal translation: A model of text analysis for training legal translators","authors":"Guadalupe Soriano Barabino","doi":"10.1515/ijld-2020-2037","DOIUrl":"https://doi.org/10.1515/ijld-2020-2037","url":null,"abstract":"Abstract Legal translation training involves the acquisition and development of a set of sub-competences that constitute legal translation competence (Cao, Deborah. 2007. Translating law. Clevedon: Multilingual Matters; Prieto Ramos, Fernando. 2011. Developing legal translation competence: An integrative process-oriented approach. Comparative Legilinguistics. International Journal for Legal Communications 5. 7–21; Piecychna, Beata. 2013. Legal translation competence in the light of translational hermeneutics. Studies in Logic, Grammar and Rhetoric 34(47). 141–159; Soriano Barabino, Guadalupe. 2016. Comparative law for legal translators. Oxford: Peter Lang; Soriano Barabino, Guadalupe. 2018. La formación del traductor jurídico: Análisis de la competencia traductora en traducción jurídica y propuesta de programa formativo. Quaderns: Revista de Traduccio 25. 217–229). The development of those sub-competences is part of a complex process where students are faced with different concepts and translation strategies and techniques which are not necessarily easy to grasp for trainee translators (Way, Catherine. 2014. Structuring a legal translation course: A framework for decision-making in legal translation training. In Le Cheng, King Kui Sin & Anne Wagner (eds.), The Ashgate handbook of legal translation. Farnham: Ashgate), particularly when applied to a legal context. It is our experience that translation students tend to focus on the product (text production) and do not spend enough time analysing the source text, which results in obvious mistakes in mainly – but not only – cultural (legal), textual and linguistic aspects. The interdisciplinary nature of legal translation calls for an integrative model for teaching and learning. The model presented provides trainees with a framework for source text analysis that places the communicative situation and the translation brief at the core from which three fundamental dimensions, based on the aspects mentioned above, develop. Elements such as the legal cultures involved, legal text typologies or the level of specialisation of terms and discourse are some of the aspects to be considered, so allowing trainees to achieve a thorough understanding of the source text for a conscious translation. The model will be applied to a specific source text and translation brief.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75954770","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}

{"title":"Exploring cyberbullying: a socio-semiotic perspective","authors":"Le Cheng, Xitao Hu, Aleksandra Matulewska, A. Wagner","doi":"10.1515/ijld-2020-2042","DOIUrl":"https://doi.org/10.1515/ijld-2020-2042","url":null,"abstract":"Abstract With the wide application of Internet, the negative sides related to cyberspace become prominent, including cyberbullying. In such a sense, it is necessary to delimit and define cyberbullying as one important legal term for some relevant cybercrimes. Cyberbullying, in its different forms, is common among children and adolescents, and is facilitated by the increased use of technology. But there is no global legal definition and standard in this area. The authors consider it significant to take into account the international perspective of instrumentalization of law in respect of cyberbullying, which may lead to the formulation of such a definition. This article first explores the definitions, legal mechanisms and its relevant laws in the US, the EU and China to find out their similarities and differences. It is found that cyberbullying as a sign is socially-constituted, is interpreted differently in various jurisdictions, which indicates that the exploration of a sign should be located within and is intertwined with social, cultural and historical backgrounds. This research, as a case study, also provides useful implications for the understanding and interpretation of legal terms in a more general context. At the same time, cultures nowadays pervade one another, and so phenomena that were initially local may quickly and unexpectedly become global. This is the case of cyberbullying, initially associated with children and adolescents as perpetrators and victims, being now also practiced by adults who harass other adults.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81515049","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}

{"title":"The model of Mary between Islam and Catholicism: The figurativization of normative principles in the intercultural exchange","authors":"Jenny Ponzo","doi":"10.1515/ijld-2020-2038","DOIUrl":"https://doi.org/10.1515/ijld-2020-2038","url":null,"abstract":"Abstract In the Catholic tradition, saintly characters work as figurativizations or narrative representations of underlying values and normative principles and therefore represent strategic communication media to disseminate particular models of behavior among the faithful. This paper tests the efficacy of the representation of saintly figures in the case of the interreligious dialogue by focusing on the case study of the construction and communication of the figure of the Virgin Mary in the encounter between Catholics and Muslims. What emerges from an analysis of scholarly and institutional texts, as well as from some reflections on ecumenical practices in Marian shrines, is that the representation of Mary as the figurativization of abstract values and norms mostly concerns a cultivated elite and that the dialogue on the respective representations of Mary is quite limited and concerns especially Mary as the model of the perfect pious and devout person.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82493913","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}

{"title":"Frontmatter","authors":"","doi":"10.1515/ijld-2020-frontmatter2","DOIUrl":"https://doi.org/10.1515/ijld-2020-frontmatter2","url":null,"abstract":"","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78546516","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}

{"title":"Law as a culturally constituted sign-system – A space for interpretation","authors":"Wagner Anne, Aleksandra Matulewska, Le Cheng","doi":"10.1515/ijld-2020-2035","DOIUrl":"https://doi.org/10.1515/ijld-2020-2035","url":null,"abstract":"Abstract The aim of the paper is to discuss legal language systems as culturally constituted sign-systems that are continuously evolving in time and space. To understand messages formulated in legal languages, one needs to realize that law is culture-bound, which in turn means that law reflects society’s mentality, tolerance, knowledge, social perceptions, etc. At the same time, law is a living reality impacted by various global phenomena and other legal systems. Therefore, this legal reality has “divergent potentialities” (Hasegawa, Ko. 2016. “A glance at the dynamics of ‘confluence’ in a legal system – notes on H. Patrick Glenn’s insights concerning Legal Traditions of the World”. In Transnational Legal Theory. Vol. 7/1: 1–8, 3), which enable it to develop in various directions depending on wider social, political and technological contexts. Additionally, when communicating law interlingually and intralingually, one needs to take into account the knowledge of senders and recipients since the degree of commensurability of law depends on the uniformity of interpretation on meanings. When discussing the issues of sign meaning interpretation, the authors will focus on non-decomposable units and fuzzy units. The meaning of such terms is subject to interpretation through the prism of tacit knowledge. Therefore, the interpretation of any culturally constituted sign-system is burdened with some loss of information and meaning deficiency.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73852594","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}

{"title":"Theory of Law, Jurilinguistics and Legal Language: A common task","authors":"Eduardo C. B. Bittar","doi":"10.1515/ijld-2020-2032","DOIUrl":"https://doi.org/10.1515/ijld-2020-2032","url":null,"abstract":"Abstract This paper sets a clear interdisciplinary boundary of the joint work between the Theory of Law and Jurilinguistics, surrounding the role of legal language. The paper attempts to contemplate the challenges of the globalization of Law in the 21st century, and launches the challenge of the formation of a common place, to be established by political language and legal language, in order to favour the procedural and gradual development of Global Law. Thus, today, in the period of transition between international law and cosmopolitan law, the regulation of global life increasingly demanding of translation professionals. For this reason, when practising legal translation, their contribution is not limited to the transition from language a quo to language ad quem, but to the construction of classes that form a tertium, and it is from this residue of translation processes that it starts to open itself to the possibility of a legal expertise common to everybody starts to open up. Jurilinguistics has the task of collating and systemising these practices, to contribute to the Theory of Law, towards achieving the new scale of the project of modernity, that is, the formation of transnational justice.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86378508","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}

{"title":"Bart Custers et al. (2019): EU personal data protection in policy and practice","authors":"Xu Liang, N. Ye","doi":"10.1515/ijld-2020-2031","DOIUrl":"https://doi.org/10.1515/ijld-2020-2031","url":null,"abstract":"","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88726026","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}

{"title":"The importance of Internet systematic search for legal translations","authors":"Patrizia Giampieri","doi":"10.1515/ijld-2020-2029","DOIUrl":"https://doi.org/10.1515/ijld-2020-2029","url":null,"abstract":"Abstract The web is a vast and disorganised language resource which is often accessed too naively or superficially by students or inexperienced translators. In this paper, bachelor's students enrolled in a course in translation studies are challenged to translate an extract of a legal document. To complete their translation task, they consulted the language resources they felt comfortable with. Some of them asked for advice to external experts. This helped make the translation task real-life. Despite the language tools used, the students' shortcomings and mistranslations were several. In particular, formulaic expressions were neglected and too many literal or “fanciful” translation candidates were proposed. Afterwards, the students took part in a 2-h lesson where they understood how to consult the web effectively to find reliable information. This paper will highlight that a systematic approach to Google search is necessary in order to deliver high-quality translation work. In particular, advanced search must be performed, together with an accurate consultation of legal documents and of authoritative sources, such as experts' forums or sites.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81423620","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}

{"title":"Legal complexity and state obligations to the right to food: Towards an analytical shift of progressive realisation","authors":"I. Hadiprayitno","doi":"10.2139/SSRN.1672611","DOIUrl":"https://doi.org/10.2139/SSRN.1672611","url":null,"abstract":"Abstract The article aims to analyse what it means to study state obligations to progressive realization of the right to food from the perspective of legal complexity. This perspective studies law not in isolation, rather in the existence of multiple legal systems at socio-political space of states. The article highlights that employing legal complexity, particularly with its understanding on interlegality and space, may enable one to gain alternative insights in the ways that states measure their commitment to carry their obligations to respect, protect and fulfill the right to food.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74236889","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}