Proven Facts, Beliefs, and Reasoned Verdicts

2021 ◽  
pp. 40-52
Author(s):  
Jordi Ferrer Beltrán
Keyword(s):  
Civil Law ◽  
Legal Traditions ◽  
Close Relationship ◽  
Standards Of Proof ◽  
English Speaking ◽  
Evaluation Of Evidence ◽  
The Way

Proven Facts, Beliefs and Reasoned Verdicts challenges a subjectivist conception of factfinding by tying the very concept of “proof” and the applicable proof standards and burdens to the duty of giving reasons for trial verdicts. The chapter examines the link between the Roman-Germanic and English-speaking legal traditions and concludes that evidential subjectivism still predominates in civil law countries in the name of the free evaluation of evidence. It aims to demonstrate that there is a close relationship between the concept of proof, standards of proof, and the way in which the duty of giving reasons for trial verdicts, and even the possibility of complying with this duty, are understood. Specifically, it reinforces the fact that if proof is conceptually linked to the beliefs or convictions of the trier of fact, it is impossible to sustain the idea of giving reasons as a justification of the decisions about facts.

Legislation and the Constitutional Framework

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Law ◽  
Primary Source ◽  
Legislative Process ◽  
French Law ◽  
Major Overhaul ◽  
Different Types ◽  
The Way

This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.

‘Eww wtf, what a dumb bitch’: a case study of similitudes inside gender-specific swearing patterns on Twitter

Corpora ◽  
2021 ◽  
Vol 16 (1) ◽  
pp. 31-61
Author(s):  
Michael Gauthier
Keyword(s):  
Social Media ◽  
Empirical Studies ◽  
Everyday Lives ◽  
English Speaking ◽  
Gender Specific ◽  
The Way

Contrary to the idea which has been widespread for at least a hundred years that women differ substantially from men when they express themselves in English-speaking contexts (e.g., Jespersen, 1922 ; and Steadman, 1935 ), empirical studies have shown that these differences are often minimal and are not due to gender alone (e.g., Eckert, 2008 ; and Baker, 2014 ). This also frequently applies to the way they swear, despite certain preferences which have been documented in empirical studies. With the growing impact that social media now has in our everyday lives, these represent a unique opportunity to study vast quantities of written data. This paper is based on a corpus of about one-million tweets and is an attempt to delve deeper into the analysis of gendered swearword habits. First, the goal is to show that even if there are certain gendered preferences in terms of the choice of swearwords, women and men frequently display similar patterns in using them, thus reinforcing the idea that they are not so linguistically different. Secondly, this paper provides insights into how collocational networks can be used to achieve this, and thus how focussing on differences can be one way to spot similarities across two sub-corpora.

Towards a Transsystemic Study of the Ghana Legal System

2017 ◽  
Vol 6 (1) ◽  
pp. 25-50
Author(s):  
Poku Adusei
Keyword(s):  
Legal System ◽  
Academic Discipline ◽  
Common Law ◽  
Civil Law ◽  
Cross Cultural ◽  
Legal Tradition ◽  
Legal Traditions ◽  
The Law ◽  
Cultural Dialogue

This article provides comprehensive insights into the study of the Ghana legal system as an academic discipline in the law faculties in Ghana. It urges the view that the study of the Ghana legal system, as an academic discipline, should be transsystemic. Transsystemic pedagogy consists in the introduction of ideas, structures and principles which may be drawn from different legal traditions such as civil law, common law, religion-based law, African law and socialist law traditions to influence the study of law. Transsystemia involves teaching law ‘across,’ ‘through,’ and ‘beyond’ disciplinary fixations associated with a particular legal system. It is a mode of scholarship that defies biased allegiance to one legal tradition in order to foster cross-cultural dialogue among legal traditions. It involves a study of law that re-directs focus from one concerned with ‘pure’ legal system to a discourse that is grounded on multiple legal traditions.

scholarly journals The Standards of Proof in Medical Malpractice Cases

2020 ◽  
Vol 13 (2) ◽  
pp. 173-196
Author(s):  
Nina Cek
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Legal System ◽  
Medical Error ◽  
Medical Malpractice ◽  
Civil Proceedings ◽  
Standards Of Proof ◽  
Evaluation Of Evidence ◽  
Procedural Aspect ◽  
The Eu

The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in proof standards by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the EU court's approach on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through a medical expert's help, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems. The question is raised of how introducing such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.

scholarly journals LEXICAL MEANING AND CULTURAL ADAPTATION ON THE PRODUCT OF NESTLE DANCOW

Aksara ◽  
2017 ◽  
Vol 29 (1) ◽  
pp. 131
Author(s):  
I Gusti Agung Istri Aryani ◽  
Sri Widiastutik
Keyword(s):  
Cultural Adaptation ◽  
Urban Society ◽  
Brand Name ◽  
Lexical Meaning ◽  
Qualitative And Quantitative ◽  
Close Relationship ◽  
Consumer Attention ◽  
Lexical Items ◽  
Target Consumer ◽  
The Way

AbstractCommonly, an amazing and attractive advertisement intends to hypnotize their target consumer in seeing, reading, or even hearing the ads continually. Besides, the power of persuading and motivating in messages from the way of informing product benefit could also give impact to buyer in deciding to buy the product. This research discusses the contexts of advertising found on packages of two Nestle products, especially Nestle Dancow Actigo and Nestle Dancow Enrich. These products were analyzed based on pictures or symbols and text found on packages. It is aimed at finding out the context of discourse advertising on those packages. Data were collected from analysis of text, including pictures or symbols and additional questionnaires distributed to 50 respondents located at Denpasar and Gianyar. Urban society were used to evaluate concerning on their understanding of English even though Indonesian language mostly applied on packages of products. Method used in analyzing data is descriptive qualitative and quantitative with simple statistics and explanation. It showed that connotation and denotation meanings highlighted lexical items and its cultural adaptation using process of copy adaptation to fit the culture of their targeted consumers. Means found 6 words or phrases of English from 10 of them on packages understood by 50 respondents as of: 35 for Full Cream as highest score and 16 respondents for FortiGro as the lowest score. In addition, brand name, symbol and images showed producer seemed to have close relationship with consumer and able to attract target   consumer attention as majority of findings. It can be concluded that ads on packages of Nestle Dancow had succeeded to be understood by the society through the messages implied. 

scholarly journals Inadmissible Refusals in the Russian Civil Law

2019 ◽  
pp. 102-110
Author(s):  
A. A. Suslov
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Russian Science ◽  
Freedom Of Contract ◽  
Legal Consequences ◽  
Court Practice ◽  
The Way ◽  
Modern Russian

The paper provides systematization of inadmissible refusals in civil law enshrined in civil legislation and clarification of court practice. The author analyzes the reasons for fixing the inadmissibility of refusal through civil law cases, which include situations of protection of the weaker party in civil law relations. A specific characteristic of inadmissible refusals according to the way of their expression is proposed: with the presence or absence of legal consequences of inadmissible refusals. The “doctrine of the nullity of refusal” prevailing in modern Russian science and court practice is criticized as contradicting the fundamental principles of civil law (in particular, the principles of freedom of contract, inadmissibility of arbitrary interference in private affairs, etc.) and generally acceptable type of legal regulation peculiar to civil law. Some ways to overcome it are proposed. It is concluded that the resolution of the issue of recognizing a refusal as valid or invalid should be based on the correct qualification of the relevant norms, which fix certain legal opportunities for participants in civil law relations as imperative or dispositive.

Introduction: Common Civility – International Criminal Law as Cultural Hybrid

2011 ◽  
Vol 24 (2) ◽  
pp. 389-391 ◽  
Author(s):  
ELIES VAN SLIEDREGT
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
Civil Law ◽  
International Criminal Law ◽  
Recent Discussion ◽  
Social Scientists ◽  
Legal Traditions ◽  
Procedural Law ◽  
The Hague ◽  
National Systems

On 28 and 29 October 2011, a conference was held in The Hague on International Criminal Law (ICL) as a cultural and legal hybrid. The aim of the conference convenors was to facilitate an exchange of thoughts between legal scholars, practitioners, and social scientists on the nature of ICL and to discuss the role (legal) culture plays in international criminal justice. The recent discussion is dominated by the adversarial (common law)–inquisitorial (civil law) dichotomy and centres on the hybrid nature of the procedure in international criminal law. The debate focuses on how a fair and efficient trial can be safeguarded by observing the rights of the accused and other participants through an operational criminal procedure. Sometimes, this clash of legal systems has become an end in itself, resulting in a debate on which system is superior. At least in theory, however, modern international criminal procedural law seems to have overcome the adversarial–inquisitorial dichotomy, since it combines features of both common- and civil-law systems. This unique compromise structure poses a challenge to the practitioners who – although trained in and influenced by their respective national systems – have to apply the procedural norms at the international level and, in doing so, find an appropriate balance between adversarial and inquisitorial features. This is even more challenging since the single elements of the different legal traditions do not fit together seamlessly, leading to myriad, heated disagreements over how to combine them into a single, coherent, workable legal system.

Legal Traditions, the Universal Declaration of Human Rights, and Intercultural Professional Communication

2011 ◽  
pp. 216-246
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
International Law ◽  
Latin American ◽  
Common Law ◽  
Civil Law ◽  
Universal Declaration ◽  
Professional Communication ◽  
Legal Traditions ◽  
Global Communications

This chapter examines the relations between rhetoric and law across cultures, grounding the discussion in U.S. common law, Latin American Civil law, and Asian law. It also explores the writing of the Universal Declaration of Human Rights as a model of developing “international” or “universal” approaches to law and human rights. It concludes by discussing recent events of international law involving intellectual property and global communications.

English as a Medium of Instruction on the Way to Sustainability and Internationalization in Non-English-Speaking Countries

2020 ◽  
pp. 239-256
Author(s):  
Aizhan Daukenova ◽  
Ainur Askhatova ◽  
Zhibek Kaisar
Keyword(s):  
Comparative Analysis ◽  
Graduate Students ◽  
Small Scale ◽  
Medium Of Instruction ◽  
English Speaking ◽  
The Way

The present chapter describes the comparative analysis of the implementation of English as a medium of instruction in Kazakhstan and other non-English speaking countries by presenting a small-scale study of revealing the attitudes of graduate students and lecturers towards EMI in Kazakhstan. Compared to other countries, Kazakhstan has a number of similar issues in the implementation of English as a medium of instruction, which creates the possibility of performing a practice based on the experience of others. The research on English as a medium of instruction has revealed that EMI in Kazakhstan is in need of further guidance and investigation.

The Work of the Words

2020 ◽  
pp. 57-98
Author(s):  
Megan Kaes Long
Keyword(s):  
Seventeenth Century ◽  
Poetic Form ◽  
Text Setting ◽  
Tonal Language ◽  
Close Relationship ◽  
Organizational Framework ◽  
Musical Systems ◽  
Regular Text ◽  
The Mind ◽  
The Way

Composers of homophonic partsongs developed formulaic text-setting schemas that translated poetic meter into musical meter: line lengths determine phrase lengths, poetic accents establish musical accents, and poetic form controls cadences and formal boundaries. Consequently, text-setting establishes an increasingly deep mensural hierarchy. At the same time, schematic text-setting codifies an organizational framework that parallels the way the mind constructs musical meter. According to dynamic attending theory, listener attention peaks in response to environmental regularities; this theory suggests that regular metrical frameworks like those in homophonic partsongs facilitate tonal expectation by drawing listener attention toward metrically accented harmonic events. Regular text-setting contributes to musical meter in a period when mensural structures are giving way to metrical ones. A new metrical style and a new tonal language emerge in tandem in the early seventeenth century, and the balletto repertoire highlights the close relationship between these evolving musical systems.

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