scholarly journals Plain legal language and the basic concepts of the philosophy of law

2021 ◽  
Vol 11 ◽  
pp. 27-43
Author(s):  
Jagoda Skwarek
Keyword(s):  
Public Sphere ◽  
Effective Communication ◽  
Communication Model ◽  
Legal Regulations ◽  
Plain Language ◽  
Philosophy Of Law ◽  
Legal Language ◽  
Legal Studies ◽  
Basic Concepts ◽  
The Way

The aim of the presented article is to demonstrate the possibility of implementing the principles of the Wrocław effective communication model in research conducted by theorists and philosophers of law as well as linguists. The author reflects on the difficulty of comprehending legal language and creating texts of normative acts in an uncomplicated manner. The “plain language” standard has been used in the Polish public sphere, which is why it is worth considering that the introduction of legal regulations would permanently change the way law is made and applied. The call for a clear language in legislation has long been voiced in legal studies. The area requires in-depth research and then perhaps specific solutions in order for plain legal language to become a standard.

Leon Petrażycki jako twórca nowej teorii prawa naturalnego

2018 ◽  
Vol 74 ◽  
pp. 185-188
Author(s):  
Maria Szyszkowska
Keyword(s):  
21St Century ◽  
Natural Law ◽  
Legal Positivism ◽  
Legal Regulations ◽  
Philosophy Of Law ◽  
Scientific Disciplines ◽  
Variable Content ◽  
Human Psyche ◽  
The Way

Petrażycki’s philosophy of law remains significant in the 21st century and adheres to the concept of democracy as a system characterized by ideological pluralism. Leon Petrażycki is often mistakenly included in legal positivism. Alike Rudolf Stammler, he is the creator of the theory of natural law of with variable content. The essential necessity of ideals in the life of individuals and society demonstrated by Petrażycki is very important because the ideals perfect the human psyche. Petrażycki’s view indicating the importance of consciousness is significant beyond other scientific disciplines. All legal regulations depend on its level of development, and determine the way of management.

scholarly journals Demokratyczna legitymizacja prawa – tworzenie i stosowanie prawa (zarys problemu)

2018 ◽  
Vol 5 (1) ◽  
pp. 5-10
Author(s):  
Tomasz Bekrycht
Keyword(s):  
Legal Positivism ◽  
Communication Model ◽  
Philosophy Of Law ◽  
European Crisis ◽  
The Eu ◽  
The Way

The aim of the article by the way of introduction is a sketching out some remarks from a perspective of philosophy of law concerning the contemporary crisis, which currently take place in many countries in Europe and in the EU. The author claims that the discussions and disputes over the nowadays European crisis is based on out-of-date paradigm presumptions such as legal positivism and post-totalitarian models of law. To solve the disputes the author proposes reflection based on conception of a communication model of law and community citizens’ idea.

Islamic Communication Model in Therapeutic Communication Practices at Adam Malik Hospital

SIASAT ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 84-93
Author(s):  
Syafruddin Ritonga ◽  
Zamri ◽  
Selamat Riadi ◽  
Zakaria Siregar
Keyword(s):  
Qualitative Approach ◽  
Communication Model ◽  
Medical Team ◽  
Therapeutic Communication ◽  
Implementation Model ◽  
Communication Practices ◽  
The Way ◽  
Doctors And Nurses

Studies on Therapeutic Communication, especially its relationship to Islamic communication, are still rarely found in the field. This study aims to see how the practice of Islamic communication can be done well by doctors and nurses. This research uses a qualitative approach. The values of Islamic communication in Therapeutic communication can be seen from the way communication is carried out by doctors and nurses with their patients through ethics and good language. The implementation model of Islamic communication in therapeutic communication produces a marker communication model, that is, communication carried out on the basis of the awareness of the medical team. This communication model is not formally implemented, but in substance has similarities with the value of Islamic communication.

Seeing Justice

2021 ◽  
Author(s):  
Mary Angela Bock
Keyword(s):  
Criminal Justice ◽  
Public Sphere ◽  
Criminal Justice System ◽  
Critical Discourse Analysis ◽  
Justice System ◽  
Participant Observation ◽  
The United States ◽  
Detailed Examination ◽  
Visual Media ◽  
The Way

Seeing Justice examines the way criminal justice in the United States is presented in visual media by focusing on the grounded practices of visual journalists in relationship with law enforcement. The book extends the concept of embodied gatekeeping, the corporeal and discursive practices connected to controlling visual media production and the complex ways social actors struggle over the construction of visual messages. Based on research that includes participant observation, extended interviews, and critical discourse analysis, the book provides a detailed examination of the way these practices shape media constructions and the way digitization is altering the relationships between media, citizens, and the criminal justice system. The project looks at contemporary cases that made the headlines through a theoretical lens based on the work of Michel Foucault, Walter Fisher, Stuart Hall, Nicholas Mirzoeff, Nick Couldry, and Roland Barthes. Its cases reveal the way powerful interests are able to shape representations of justice in ways that serve their purposes, occasionally at the expense of marginalized groups. Based on cases ranging from the last US public hanging to the proliferation of “Karen-shaming” videos, this monograph offers three observations. First, visual journalism’s physicality increases its reliance on those in power, making it easy for officials in the criminal justice system to shape its image. Second, image indexicality, even while it is subject to narrative negation, remains an essential affordance in the public sphere. Finally, participation in this visual public sphere must be considered as an essential human capability if not a human right.

Analyzing a Yacht for Hydrodynamic Characteristics that Effect What Type of Sails and Rigs Will Work Best

1977 ◽  
Author(s):  
Robert E. Doyle
Keyword(s):  
Large Range ◽  
Hydrodynamic Characteristics ◽  
Term Selection ◽  
General Overview ◽  
General Terms ◽  
Basic Concepts ◽  
Input Variables ◽  
Existing Data ◽  
The Way

The purpose of this paper is to present a very general overview as to how basic concepts of aerodynamics and hydrodynamics can be utilized in the selection and trim of sails. I have used the term selection to go all the way back to the routes of designing and selecting a rig for a given boat. The paper introduces absolutely no data and, in fact, does not explore any existing data in detail. Its main purpose is to show that almost any decision on rig or sails on a sail boat is always a compromise of varying forces. Sometimes these compromises are conflicting dynamics of the hull and sails, other times the forces are man-made such as rule parameters. Perhaps I could have done a more scien­tific job by choosing just one set of parameters that are in conflict and explored these in great detail showing how a conclusion can be reached from all the varying inputs into one particular problem involving rig, sails or hull. This type of thorough analysis, which would obviously require more exacting research to prove the hypothesis once defined, is not my strength. Therefore, it would be inappropriate for me to do such an analysis. My strength is in actually applying a large range of sail­ing theory to actual on-the-water sailing conditions. What I hope to accomplish by this paper is to let sailors realize that when making a decision on a rig, a particu­lar sail, or how to trim a particular sail, they first must decide what they want to accomplish with the rig, sail or sail trim. They must think about it in general terms as to what direction they should take aerodynamically or hydrodynamically to get the forces they want to achieve. Then they must go about the task with the full realization that there is no preset answer and that they must be willing to experiment in order to hone in on the optimum. The input variables of the hydrodynamics of a pitching yacht going to weather in a moderate breeze that is constantly receding and increasing in velocity as well as direction defies simple solu­tions. Thus, the best compromise is usually the best solution.

BASIC CONCEPTS OF YEVHEN MALANIUK’S NATIONAL-PHILOSOPHICAL INTERPRETATION: ESEISTIC DISCOURSE

2021 ◽  
Author(s):  
Petro Ivanyshyn ◽  
Keyword(s):  
Theory And Practice ◽  
Philosophical Interpretation ◽  
National Science ◽  
Basic Concepts ◽  
Post Colonialism ◽  
Definition Of ◽  
National Approach ◽  
The Way

The purpose of the research is to outline the structure of the main methodological ideas within the frames of interpretive thinking in the essay of the famous Vistnyk’s writer, critic and essayist Yevhen Malaniuk. Considering the purpose and tasks of the studio, an interdisciplinary methodological base, related to the author’s “national approach”, has been worked out. The epistemological potential of national philosophy as a philosophy of national existence, national science as a theory of nation, hermeneutics as a theory and practice of interpretation and post-colonialism as interpretation of cultural phenomena from the standpoint of anti- and post-imperial consciousness are used in the work. The scientific novelty is that on the basis of the previous hermeneutic generalization and definition of national-existential methodology, a propaedeutic outlining of the structure of national-philosophical concepts within the frames of the essayistic interpretation of reality in Ye. Malaniuk is proposed. In the methodological sense, the writer’s essayism is structured by such concepts as nation-centrism, idealism, voluntarism, heroism, and can be considered as one of the variants (close by the experiences of D. Dontsov, Yu. Lypa, M. Mukhyn, etc.) of the Vistnyk’s national-philosophical (national-existential, nationalistic or nation-centric) hermeneutics, that is, the way of understanding, which the author by himself outlined as a “national approach”. The support of Ye. Malaniuk as a culture-philosopher and exegete on the eternal nation-centric values and criteria in his essayistic studies makes his reflections not only historically interesting, but also theoretically productive, classically important for the development of modern Ukrainian hermeneutics and humanities in general.

Hong Kong bilingual legislation and plain language drafting: A communicative approach

Multilingua ◽  
2018 ◽  
Vol 37 (6) ◽  
pp. 681-700
Author(s):  
Clara Ho-yan Chan
Keyword(s):  
Hong Kong ◽  
Plain Language ◽  
Legal Language ◽  
Department Of Justice ◽  
Communicative Approach ◽  
Using Data

Abstract This paper proposes law drafting techniques, especially in Chinese, that aim to enhance the fluency and readability of Hong Kong bilingual legislation. The study is based on the plain language guide published by the Department of Justice of Hong Kong in 2012, with the goal of helping the current legislation to comply with the guidelines. Using data from seven recently-enacted ordinances, the analysis illustrates drafting techniques for their English and Chinese versions in accordance with the plain language guide published by the Department of Justice. This process is accomplished by suggesting revisions for relevant Chinese sections of legislation and their corresponding English sections according to contrasting aspects of English and Chinese grammars. The discussion will also evaluate the plain language drafting and the overall theoretical and philosophical trend of law drafting in Hong Kong, in light of the “Seven Standards of Textuality” proposed by de Beaugrande and Dressler. This is believed to be the first undertaking to study plain legal language against its official guidelines in the Hong Kong context.

scholarly journals Law and aesthetics: critical note

2010 ◽  
Vol 6 (2) ◽  
pp. 631-640 ◽  
Author(s):  
Luis Satie
Keyword(s):  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Legal Form ◽  
Critical Note ◽  
Art Form ◽  
Conservative Approximation ◽  
Conditions Of Possibility ◽  
The Relationship ◽  
The Way

It is thought in the theory and philosophy of law, aimed at discussing the conditions of possibility of rapprochement between the art form and legal form. The text investigates, dialectically, the implications for the legal philosophy of the impossibility of such approximation, and the problems in a conservative approximation. It follows that: 1) would be a loss for a reason and therefore to legal philosophy, not to communicate between art and law; 2) the relationship between legal and aesthetic standards should be guided by the critical, especially in terms of Adorno's thought. It is by overcoming the dichotomy between possibility and impossibility, opening on the idea of constellation of methodological categorical fields of law and aesthetics in their current forms, paving the way for understanding the legal form as a tragic way.

scholarly journals A simplification of the Consumer Rights Act. Plain legal language and legal language

2021 ◽  
Vol 11 ◽  
pp. 45-71
Author(s):  
Natalia Zych
Keyword(s):  
Effective Communication ◽  
Legal Language ◽  
Consumer Rights ◽  
Legal Texts ◽  
Average Reader ◽  
The Law ◽  
The Cost

The article examines the idea of plain legal language as a standard in creating comprehensible and effective communication in legislative acts. It features plain legal language techniques and tools used to tackle the visual and linguistic layer of legal texts. Selected techniques were implemented to experimentally modify the Polish Consumer Rights Act of 30 May 2014. The document, transformed in the spirit of plain legal language, was then submitted for assessment to lawyers as well as individuals with no legal background. The article features the results of the experiment as well as conclusions which make it possible to say whether the “simplified” act is more comprehensible to an average reader, and to assess the cost of the changes introduced in the original provisions of the law.

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