scholarly journals The pragmalinguistic analysis of legislative genre (based on texts of german laws)

2021 ◽  
Vol 30 (2) ◽  
pp. 101-108
Author(s):  
Elena Yu. Balashova ◽  
◽  
Olga V. Nagoga ◽  
Elena A. Makshantseva ◽  
◽  
...  
Keyword(s):  
Research Direction ◽  
Case Law ◽  
Interdisciplinary Studies ◽  
Legal Norms ◽  
Language Functions ◽  
Judicial Decisions ◽  
Pragmatic Analysis ◽  
Law Texts ◽  
The Given ◽  
Special Language

As a rule, legal genres are subdivided into three large thematic groups: “Legislation” (laws, regulations, instructions, acts, orders), “Case law” (judicial decisions, appeals, protocols, court orders and court inquiries), “Official documentation” (official correspondence, reports, contracts). This research focuses on the pragmalinguistic and linguo-stylistic analysis of German legislative texts. The authors describe the characteristics of legislative genres and single out their general and special language functions. The relevance of the article is based on the fact that in Russia and abroad there are few linguistic papers on the analysis of legislative genre and law texts. In the meantime, the given research direction is highly prospective for interdisciplinary studies. The authors argue that the function of nomination, the function of message, the function of influence and the function of communication are vividly manifested in legislative genre via multilevel language means. A pragmatic analysis of the legal norms of the German legislative texts shows that the latter are characterized by imperative and dispositive legal norms, while recommendatory legal norms for the texts of German laws are less typical. The methodological base of research includes contextual and functional analysis, linguo-stylistic techniques as well as descriptive and linguo-pragmatic methods of analysis.

Anti-Discrimination Rules and Religious Minorities in the Workplace

2020 ◽  
Author(s):  
Katayoun Alidadi
Keyword(s):  
Social Life ◽  
Social Inequalities ◽  
Case Law ◽  
Shop Floor ◽  
Religious Minorities ◽  
Legal Norms ◽  
Legal Rules ◽  
Judicial Decisions ◽  
Indirect Discrimination ◽  
The Subject

Human rights and anti-discrimination law address social inequalities faced by religious minorities in today’s societies, including their discrimination in the workplace. Legal rules are necessarily abstract, separated from current realities of vulnerable minorities. Abstract rules do not speak for themselves (what does the prohibition of ‘indirect discrimination’ really mean?), but require interpretation, and since much is at stake they become the subject of continuous contestations over meanings. Judicial decisions mediate between the abstract and the concrete, and create ‘semi-abstract’ norms; decisions interpret and apply the abstract norms in the law on the books, but are in turn themselves the subject of (re)interpretation in the legal, social, and political realm. Thus, the specific and serendipitous facts and circumstances of particular workplace disputes provide the material for constructing meaningful understandings of legal norms. These interpretations are not neutral, but are, rather, products of judicial policy.To illustrate the importance of taking stock of judicial decisions and their role in moving abstract legal norms towards the ‘shop floor of social life’, this chapter uses as case studies two European anti-discrimination cases – Achbita and Bougnaoui (2017) – involving female Muslim employees seeking to wear a headscarf in the workplace. A holistic law and society viewpoint should engage deeply with judicial decisions that interpret and apply abstract anti-discrimination norms. Developments in case law thus merit not only the close attention of legal scholars but of legal anthropologists as well, as the latter are interested in the percolation of enacted norms on the ground.

scholarly journals The Pragmatic Functions of Repetition in TV Discourse

2012 ◽  
Vol 10 (4) ◽  
pp. 445-460 ◽  
Author(s):  
Ghaleb Rabab'ah ◽  
Ali Farhan AbuSeileek
Keyword(s):  
Native Speakers ◽  
Natural Phenomenon ◽  
Esl Teachers ◽  
Language Functions ◽  
Pragmatic Analysis ◽  
Native Speakers Of English ◽  
Salient Features ◽  
Esl Learners ◽  
Tv Show ◽  
Interactional Discourse

Since repetition is a natural phenomenon used to perform various functions in interactional discourse, adopting a pragmatic analysis to the discourse of Dr. Phil and his guests on Dr. Phil's TV show, this study attempted to explore the pragmatic functions of such repetitions as used by English native speakers. The data were gathered from conversations between native speakers of English, and based on 7 full episodes of Dr. Phil's TV Show. The researchers watched, and studied these episodes on YouTube. The study revealed that one of the salient features of TV discourse is repetition, which is employed to perform a variety of language functions. Repetition was used to express emphasis, clarity, emotions, highlight the obvious, be questionable, express annoyance, persuasion, express surprise, give instructions, and as a filler in order to take time, when the speaker was searching for a proper word to say what would come next. The study concluded that these findings had significant implications for EFL/ESL teachers and the interlanguage development of EFL/ESL learners.

EL JUEZ COMPETENTE PARA CONOCER DEL PROCEDIMIENTO MONITORIO: CUESTIONES PRÁCTICAS

2010 ◽  
pp. 493-519
Author(s):  
AINHOA GUTIÉRREZ BARRENENGOA
Keyword(s):  
Subject Matter ◽  
Critical Review ◽  
Case Law ◽  
Territorial Jurisdiction ◽  
Procedural Code ◽  
The Subject ◽  
The Given

El procedimiento monitorio se concibe en la Ley 1/2000, de Enjuiciamiento Civil como un procedimiento de tutela privilegiada de determinados créditos. Sin embargo, estos postulados se contradicen con los problemas que, en la práctica forense, se han suscitado, en muchos casos, por la determinación de la competencia del órgano que debe conocer del procedimiento. En el presente estudio, se analizan las principales cuestiones que se han suscitado en relación con la determinación de la competencia objetiva y territorial en el procedimiento monitorio, con un repaso crítico de las distintas soluciones doctrinales aportadas, y una revisión de la última doctrina jurisprudencial en la materia. Prozedura monitorioa Prozedura Zibilaren 1/2000 Legeak taxutu zuen, zenbait kredituren tutoretza pribilejiatua izateko prozedura moduan. Hala eta guztiz ere, postulatu horiek ez datoz bat praktika forentsean sortu diren arazoekin; izan ere, maiz, prozedura ezagutu behar duen organoaren eskumena nork duen jakitea ez da gauza argia. Lan honetan, prozedura monitorioaren inguruan eskumen objektiboa eta lurraldekoa zehaztu beharraz sortu diren eztabaida nagusiak aztertzen dira, horri buruz agertu izan diren konponbide doktrinalen azterketa kritikoa eginez, eta gaiari buruzko azken jurisprudentzia-doktrina ere lantzen da. The payment procedure is envisaged by Act 1/2000 on the Civil Procedural Code as a procedure for a privileged guarantee of some debts. However, theses propositions conflict with the problems which arose in practice when deciding the subject-matter and territorial jurisdiction in payments procedures. By this study, main questions regarding the subject-matter and territorial jurisdiction within the payment procedure are analyzed with a critical review of the given different doctrinal solutions and a revision of the last case law doctrine on the topic.

Normative propositions of the International Tribunal for the Law of the Sea

2021 ◽  
Vol 11 (3) ◽  
pp. 3-18
Author(s):  
Roman Kolodkin
Keyword(s):  
International Law ◽  
Legal Reasoning ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Legal Norms ◽  
Judicial Decisions ◽  
The Law ◽  
Obiter Dictum ◽  
International Law Commission ◽  
Advisory Opinions

Normative propositions of the international courts, including these of the International Tribunal for the Law of the Sea, are considered in the paper as provisions in the judicial decisions and advisory opinions, spelling out, formulating or describing international law norms, prescriptions, prohibitions or authorizations, which are applicable, in the court’s view, in the case at hand and the similar cases. Such a proposition is considered to be a description of a legal norm, its spelling out by a court, but not a norm or its source. In contrast with legal norms, judicial normative propositions are descriptive, not prescriptive; they may be true or wrong. Normative propositions are not transformed into norms solely by their repetition in judicial decisions. The author considers not only ITLOS decisions but also the Tribunal’s and its Seabed disputes chamber advisory opinions containing normative propositions to be subsidiary means for the determination of the rules of law under article 38(1(d)) of the International Court of Justice Statute. The legal reasoning of the Tribunal’s decision, not its operative provisions, usually features normative propositions. While strictly speaking, the decision addresses the parties of the dispute, normative propositions in the reasoning are in fact enacted by the Tribunal urbi et orbi aiming at all relevant actors, ITLOS including. They bear upon substantive and procedural issues, rights and obligations of relevant actors; they may also define legal notions. The Tribunal provides them as part of its reasoning or as obiter dictum. It is those provisions of the Tribunal’s decisions that are of particular importance for international law through detailing treaty- and verbalizing customary rules. However, the States that have the final and decisive say confirming or non-confirming the content and binding nature of the rules spelt out or described by the Tribunal in its normative propositions. Meanwhile, States are not in a hurry to publicly react to the judicial normative propositions, particularly to those of ITLOS, though they refer to them in pleadings or when commenting on the International Law Commission drafts. At times, States concerned argue that international judicial decisions are not binding for third parties. While the States are predominantly silent, ITLOS reiterates, develops and consolidates normative propositions, and they begin to be perceived as law. The paper also points to the possibility of the Tribunal’s normative propositions being not correct and to the role of the judges’ dissenting and separate opinions in identifying such propositions.

scholarly journals Determining the moment and form of concluding a passenger transport contract based on the judgment of the Court of Justice of the European Union in joined cases C-349/18 to C-351/18

2020 ◽  
pp. 23-26
Author(s):  
Karol Lange
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Passenger Transport ◽  
Railway Transport ◽  
European Union Law ◽  
Legal Norms ◽  
Railway Systems ◽  
Court Of Justice ◽  
The Moment

The article focuses on discussing the norms of Polish transport law and European Union regulations on the correctly defined of the moment and form of concluding a contract of passengers transport in railway systems. The article also describes the problem of discourse between the content of these legal norms and the jurisprudence practice and doctrine opinion. Moreover, was performed to present a comparative analysis of the relation of the Court of justice of the European Union judgment to the norms of Polish and European law and the case law. Commented on the practices of carriers in regulating the said matter. Internal law acts applicable to the means of transport of Polish railway companies were also analyzed. Keywords: Transport law; Contract of passenger transport; European Union law; Railway transport

scholarly journals Análise crítica da teoria dos direitos humanos na obra de Michel Villey

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Gustavo Rabay Guerra ◽  
Henrique Jerônimo Bezerra Marcos
Keyword(s):  
Human Rights ◽  
General Theory ◽  
John Locke ◽  
Thomas Hobbes ◽  
Christian Wolff ◽  
Legal Norms ◽  
The Creation ◽  
The Given ◽  
Intrinsic Contradiction ◽  
Do So

RESUMOEste artigo tem por objeto a Teoria dos Direitos Humanos em Michel Villey. Seu objetivo é apresentar uma contestação à alegação de Michel Villey de que os direitos humanos não podem ser considerados Direito. Para tanto, realiza uma apresentação da Teoria dos Direitos Humanos em Michel Villey, passando pela criação dos direitos humanos em Thomas Hobbes, a inversão de objetivos dos direitos humanos em John Locke e a expansão dos direitos humanos em Christian Wolff. Em seguida passa a apresentar a crítica de Michel Villey aos direitos humanos e as falhas deste autor ao realizar suas acusações, haja vista a possibilidade de solução das contradições (colisões) entre os direitos humanos, além de que não se pode confundir o critério de validade da norma com sua eficácia. O trabalho conclui pela juridicidade dos direitos humanos ao demonstrar que a suposta contradição não seria razão para retirar esta qualidade.PALAVRAS-CHAVEFilosofia do Direito. Direitos Humanos. Michel Villey. ABSTRACTThe present work deals with the General Theory of Human Rights in Michel Villey. Its purpose is to present a challenge to Michel Villeys’ claim that human rights are not legal norms. To do so, the text presents the General Theory of Human Rights in Michel Villey, including the creation of human rights by Thomas Hobbes, the changing perspective attributed to John Locke and the numerical expansion of human rights attributed to Christian Wolff. The text then presents Michel Villeys’ critics of human rights and the problems with those critics; specifically, that the given conflicts between norms aren’t sufficient to declare that they aren’t legal norms, other than that, the text points that in his critics Michel Villey confuses the concepts of validity of the norm with its effectiveness. The work concludes that human rights are legal norms and its supposed intrinsic contradiction is not sufficient to withdraw this quality.KEYWORDSPhilosophy of Law. Human Rights. Michel Villey.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

scholarly journals IDENTITY IMPLICATIONS: «FROM THE COUNTRY OF RICE AND OPIUM» BY SOFIIA YABLONSKA

2018 ◽  
Vol 31 ◽  
pp. 251-266
Author(s):  
Tymofii HAVRYLIV
Keyword(s):  
Travel Literature ◽  
Spatial Dimension ◽  
Interdisciplinary Studies ◽  
Complex Nature ◽  
Time Space ◽  
The World ◽  
Self Knowledge ◽  
The Given ◽  
First Time ◽  
Ukrainian Society

This article is one of the first scholarly attempts to analyze the creative work of Ukrainian filmmaker and traveler Sofiia Yablonska-Uden. For the first time in the Ukrainian and the world literary studies, identical implications are analyzed in the «From the Country of Rice and Opium» by S. Yablonska. The purpose of the article is to highlight the complex nature of identity issues in travel literature. In terms of identity, the journey performs two fundamental, closely interconnected tasks: knowledge of the other and self-knowledge. Hermeneutic approaches are used in the article. The main results can be summarized as follows: 1) the journey has its own time-spatial dimension, consisting of two disproportionate moments: preparation for travel and travel itself, and begins literally and symbolically with the overcoming, or the crossing of the border; 2) the intention of the trip contains an identity challenge that affects the preparation, organization, realization of the travel, the way and the content of documenting impressions; 3) such parameters of travel as an accident, an adventure, a game which formed the world of traveler's impressions, are subordinated to the identity problem in the given work; 4) the essay character of the book makes it possible to talk about implications as a response to an identity challenge. The book of travel essays «From the Country of Rice and Opium» of S. Yablonska-Uden is a sample of a successful combination of the business and private aspects of travel, intentions of knowledge and self-knowledge, poetry and faculty; learning about another people and countries, the writer learns a lot of things about himself. Travel literature is an important study object of Ukrainian writing, which opens the prospects for further interdisciplinary studies. The study of travel literature, an identity issue, is extremely relevant both for the development of Ukrainian society and for the formation of optimal responses to the challenges of our time. Keywords travel, travel literature, identity, identical implications, time-space disposition.

Anti-discrimination Case Law of the Court of Justice of the European Union before and after the Economic Crisis

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Amalie Frese
Keyword(s):  
European Union ◽  
Economic Crisis ◽  
Case Law ◽  
The European Union ◽  
Direct Role ◽  
Legal Norms ◽  
Court Of Justice ◽  
Weak Evidence ◽  
Before And After ◽  
The Eu

Abstract Income inequality is at an all-time high in the Europe Union (EU). Implications from the economic crisis which broke out in 2008, and in particularly the austerity measures introduced by Governments in Eurozone countries receiving bailout programmes, created further inequalities, for example between men and women. This paper starts from the hypothesis that whereas other institutions in the EU have played a direct role in tackling the economic crisis, the Court of Justice of the European Union (CJEU) may have played a more indirect role, which nonetheless can have an overlooked value in particular for setting direction for legal norms of equality and anti-discrimination in Europe. The paper therefore addresses a legal-empirical question: To what extent does the anti-discrimination case law of the CJEU reflect the increased inequalities in Europe following the economic crisis? Based on a dataset of all anti-discrimination cases of the CJEU, I conduct a quantitative analysis of changes in the case law from before to after the economic crisis. I find that there is only weak evidence, which suggests that the case law of the CJEU reflects the increased inequalities following the economic crisis.

When Do Courts Constrain the Authoritarian State? Judicial Decision-Making in Jordan and Palestine

2021 ◽  
Author(s):  
Steven D. Schaaf
Keyword(s):  
Decision Making ◽  
Original Data ◽  
Judicial Decision ◽  
Appellate Courts ◽  
Judicial Decision Making ◽  
Legal Norms ◽  
Authoritarian State ◽  
Judicial Decisions ◽  
State Activity ◽  
State Actors

Under what conditions will authoritarian courts issue decisions that constrain state actors? This study breaks new ground in authoritarianism research by explaining when authoritarian states are—and are not—held accountable to legal norms. I leverage evidence from interviews with Jordanian and Palestinian legal actors, original data on judicial decisions, and two years of fieldwork shadowing judges as they conducted business in the courthouse. I find that courts in Jordan and Palestine are hardly regime pawns, as judges routinely prioritize their own interests above those of regime elites. My results also demonstrate that lawsuits revealing instances of intra-state disunity are particularly good vehicles for expanding judicial authority over state activity and, further, that appellate courts are uniquely less capable of constraining state actors.

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