scholarly journals A Genre Analysis of English and Chinese Legal Research Article Abstracts: A Corpus-based Approach

2021 ◽  
Vol 12 (5) ◽  
pp. 810-821
Author(s):  
Jing Duan ◽  
Jing Wei
Keyword(s):  
Genre Analysis ◽  
Gap Filling ◽  
Legal Research ◽  
Linguistic Study ◽  
Academic Communities ◽  
Chinese Law ◽  
Research Article ◽  
Similarities And Differences ◽  
English Law ◽  
Adjusted Model

Research article (RA) abstracts are generally viewed as the gateway to know the gist and major findings of a study. They also function as a “promotional” genre to attract readers’ interest and increase readership so as to better engage the authors in the academic communities. Although RA abstracts as a genre have been gaining more attention over the years, there is still a lack of study on RA abstracts in the field of law, let alone cross-linguistic study concerning them. Therefore, this study investigates English and Chinese legal RA abstracts from the perspective of genre, analyzes their move structures, frequency and features, and then compares the similarities and differences of them in two different languages. To this end, a corpus consisting of 60 RA abstracts was compiled, 30 randomly selected from three prestigious English law journals and 30 from three Chinese law journals. The move analysis was conducted based on an adjusted model of four moves. The results reveal that the moves of Introduction, Gap-filling and Contribution are obligatory while that of Methodology is optional in both languages. However, English abstracts, with more complicated move structures than Chinese ones, tend to state explicitly the purposes of study while Chinese abstracts show a preference for pointing out the “Gap” first.

COMPARATIVE METHOD IN CONSTITUTIONAL LAW: BETWEEN PRESUMPTIONS OF SIMILARITIES AND DIFFERENCES

2019 ◽  
Vol 14 (5) ◽  
pp. 84-113
Author(s):  
ALEXANDRA A. TROITSKAYA
Keyword(s):  
Political Philosophy ◽  
Theoretical Model ◽  
Constitutional Law ◽  
Comparative Method ◽  
Comparative Law ◽  
Middle Level ◽  
Legal Research ◽  
Universal Principles ◽  
The World ◽  
Similarities And Differences

The two main approaches to the use of the comparative method in legal research, functional and cultural, have some "predetermined" considerations regarding the results that will (or should) be discovered by comparing various legal phenomena — should the emphasis be on similarities or differences between these phenomena. These considerations are based on the vision of, respectively, the universal or pluralistic nature of law of various societies, and in fact they are able to correct substantially the process of cognition of legal phenomena using the comparative method, adjusting it to the desired result. In the case of similarities, we can talk about artificially narrowing the circle of countries under investigation. In the case of differences, the isolation of systems and the uniqueness of their cultural characteristics are unreasonably exaggerated. The alternative assumptions presented in the theory of comparative law regarding the existence of universal principles of law or the fundamental uniqueness of each legal system require a critical rethinking of constitutional provisions and practice in comparative studies. The use of the comparative method in constitutional law is not reducible to the implementation of the ideas of political philosophy, and objective conclusions should not be replaced by predetermined normative guidelines. The similarities and differences revealed by the researcher of constitutional ideas, norms and practices can be considered as a result of comparison of independent value.Constitutional law is associated with a variety of substantial constructs existing in the world, not excluding, however, their intercommunication. Understanding these constructions requires attention to both the similarities and the differences in specific legal orders (as well as the reasons for their functioning in this, and not another form). The use of the comparative method in the absence of striving for predetermined results is simultaneously aimed at understanding the laws of development of constitutional institutions and maintaining the horizon of their diversity as an important component of this development. Each time, the researcher should distance himself from his prejudices regarding the similarities or differences between the institutes under study, rechecking whether the obtained results are really the results of applying the comparative method, and not the initial constructions.The logic of a comparative study corresponds to the construction of theories of "middle level", aimed at forming the theoretical model of a particular legal in-stitution, taking into account the practice of implementing this institution in specific states. The focus on middle-level theories within the framework of the comparative method allows one to go beyond the description of single systems, formulate conclusions at the level of generalization that ensure the comparability of the studied objects, and at the same time maintain an understanding of the diversity of constitutional models.

Comparing Medieval Iceland with other Regions

2018 ◽  
Author(s):  
Chris Callow
Keyword(s):  
Frame Of Reference ◽  
Historical Scholarship ◽  
Academic Communities ◽  
Similarities And Differences ◽  
Political Structures

One of the hallmarks of the honorand’s research has been its breadth, its active attempts to compare how different medieval societies worked, and its awareness of how different academic communities think about their subjects. In different places Iceland has figured as a frame of reference. This chapter aims to consider briefly how Iceland serves as a comparator now, some thirty years after a growth in anglophone scholarship helped develop interest in the country. In that period Icelandic archaeology has developed significantly and international scholarly trends have influenced the literary and historical scholarship related to Iceland. It briefly considers ways in which Iceland’s socio-political structures might be considered differently to how they were thirty years ago, and how recent views of other medieval Western societies suggest some new similarities and differences between Iceland and elsewhere.

scholarly journals Individualization of punishment in accordance with criminal legislation of Spain: concept, rules of formalization (calculation), and doctrinal substantiation (comparative legal research)

2020 ◽  
pp. 46-61
Author(s):  
Elena Yurishina
Keyword(s):  
Criminal Law ◽  
Judicial Discretion ◽  
Legal Research ◽  
Russian Science ◽  
Original Definition ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
Criminal Legislation ◽  
Spanish Legislation

  This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.  

The Interpretation of Contract in Chinese Contract Law: A Comparative Perspective

2020 ◽  
pp. 24-43
Author(s):  
Yang Fan
Keyword(s):  
Contract Law ◽  
Comparative Perspective ◽  
Gap Filling ◽  
Chinese Law ◽  
Interpretation Of Contract

This chapter examines two closely connected issues in defining the contents of contracts in China: first, the approaches adopted in interpreting the meaning of agreed contractual terms and, second, to what extent additional terms are implied to supplement the express terms. It discusses the underlying philosophy of interpretation with regard to the dichotomy of ‘objective’ and ‘subjective’ approaches; it details the various interpretative aids, such as customs, usages, the commercial background, and the negotiations of the parties; and it shows how Chinese law resolves the tension between literalist and contextualist approaches to interpretation. A number of hypothetical scenarios illustrate how Chinese courts deal with issues of contractual interpretation and gap-filling in practice.

scholarly journals Particles Ka(h) of Indonesian and Japanese: Cross Linguistic Study

IZUMI ◽  
2020 ◽  
Vol 9 (1) ◽  
pp. 23-30
Author(s):  
Maharani Patria Ratna
Keyword(s):  
Point Of View ◽  
Distribution Characteristic ◽  
Literature Study ◽  
Linguistic Study ◽  
Free Distribution ◽  
The World ◽  
Similarities And Differences ◽  
Japanese Linguistics ◽  
Indefinite Pronoun

Some languages in the world have particles with their respective functions. One of them is Ka(h) particle which is used both in Indonesian and Japanese. Both are equally used as markers of the question sentence. In Indonesian the ka(h) particle is pronounced "Kah" while in Japanese it is pronounced "Ka.” The purpose of this study is to identify what are the similarities and differences in the use of Ka(h) particles in Indonesian and Japanese. the data is taken by a literature study in Indonesian linguistics and Japanese linguistics. These similarities and differences will be studied through aspects of characteristics, function, location, and intonation. Both particles are enclitic and arbitrary, but only Kah particle has a free distribution characteristic. On the function of point of view, both particles are question marker, but only The Ka particle functioned as a choice marker and indefinite pronoun. The results of this study indicate that in Indonesian the use of Kah particles is always pronounced with rising intonation, whereas in Japanese the "ka" particle can be pronounced with rising or falling intonation. Also both particles can be located in the middle and at the end of the sentence. 

Wraparound Services Curriculum Module

1998 ◽  
Vol 3 (2) ◽  
pp. 121-126
Author(s):  
Glenn Stone
Keyword(s):  
Mental Health ◽  
Social Work ◽  
Service Provision ◽  
Work Practice ◽  
Social Work Practice ◽  
Wraparound Services ◽  
Health Curriculum ◽  
Research Article ◽  
Service Project ◽  
Similarities And Differences

This mental health curriculum module demonstrates how a research article documenting the effectiveness of a wraparound service project can be used within an undergraduate practice course. Use of this module should give students a better appreciation and understanding of wraparound service provision. This module also provides students an opportunity to consider similarities and differences between generalist social work practice and the philosophies of wraparound services.

A Mixed Methods Genre Analysis of the Discussion Section of MMR Articles in Applied Linguistics

2016 ◽  
Vol 13 (2) ◽  
pp. 242-260 ◽  
Author(s):  
Mohammad R. Hashemi ◽  
Iman Gohari Moghaddam
Keyword(s):  
Mixed Methods ◽  
Mixed Methods Research ◽  
Applied Linguistics ◽  
Genre Analysis ◽  
Discussion Section ◽  
Mixed Methods Approach ◽  
The Past ◽  
Research Article ◽  
Organizational Patterns ◽  
Academic Genres

The research article, among other academic genres, has attracted researchers’ attention over the past decades. Although sections such as introduction, method, and results and discussion have been addressed in such studies, the mixed methods research (MMR) discussion genre remains underexplored. Thus, the present study aimed at exploring the generic organizational patterns in applied linguistics MMR articles. A qualitatively driven mixed methods approach was utilized to explore 38 MMR discussions. As a result, there emerged a five-move model for genre macro-organization and rhetorical move structure of the MMR discussions. The study concludes by presenting implications for writing effective MMR discussions.

scholarly journals A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 704-750
Author(s):  
Razaana Denson
Keyword(s):  
Comparative Analysis ◽  
South African ◽  
Islamic Law ◽  
Primary Concern ◽  
Bill Of Rights ◽  
Legal Systems ◽  
Similarities And Differences ◽  
English Law ◽  
The Law ◽  
Personal Law

The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic law, South African law and English law. The similarities and differences between these legal systems are highlighted. The comparative analysis demonstrates that although there are similarities in the three legal systems, the differences outweigh the similarities. This begs the question whether Islamic law (Muslim personal law in general and family law in particular) can be recognised and accommodated and implemented in the South African and English legal systems (both constitutional democracies) without compromising the principles of Islamic law, while at the same time upholding the rights contained in the Bill of Rights. To this end, a comparative analysis is undertaken of the law of marriage that entails a discussion, inter alia, of betrothal (engagement), the legal requirements for a marriage, as well as the personal and proprietary consequences of a marriage as applicable in Islamic law, South African law and English law.

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