scholarly journals FUNCTIONING OF MANIPULATIVE ARGUMENTS IN JUDICIAL SPEECH (BASED ON THE MATERIAL OF THE PROSECUTOR’S SPEECHES IN THE DEBATE)

Author(s):  
Татьяна Фёдоровна Волкова

Введение. Рассмотрены софизмы в судебной речи одного из томских прокуроров. Значимость исследования определяется сопряжением проблем эффективности современной судебной речи, обозначением ее места в структуре судебного процесса с лингвоперсонологическими категориями. Цель – оценить уместность использования софизмов в речевой практике современного томского прокурора. Материал и методы. Материалом явились устные записи выступлений томского прокурора, адвоката и подсудимого, сделанные в ходе одного судебного процесса. Объем материала составляет около 11,5 тыс. словоупотреблений: речь прокурора в прениях – 7 287 словоупотреблений, реплика прокурора в прениях – 2 053 словоупотребления, речь адвоката в прениях – 925 словоупотреблений, речь подсудимого в прениях – 1 244 словоупотребления. Объект анализа – речевая деятельность языковой личности – томского прокурора (женщина, 38 лет). Метод – наблюдение, научное описание, дискурсивный анализ. Результаты и обсуждение. Описываются различные виды софизмов, отмеченные в речах прокурора: подмена тезиса, произвольные доводы, доводы к человеку и т. д. Использование софизмов является частью традиций современной судебной практики, начало которой положено еще в ХIХ в. Отмечается, что в случае использования манипулятивных доводов наиболее ярко проявляется черта речевого портрета говорящего: субъективная оценочность и эмоциональность. Заключение. Таким образом, выбранная стратегия, предполагающая наличие софизмов, доказала свою ситуативную эффективность, поскольку, вероятно, стала одним из факторов, повлиявших на решение суда, поддержавшего обвинение. Однако рекомендовано исключить из публичных судебных речей доводы к личностным качествам как основанию оценки. Introduction. The article considers the role of sophisms in the judicial speech of one of the Tomsk prosecutors. The significance of the research is determined by the combination of the problems of the effectiveness of modern judicial speech, the designation of its place in the structure of the judicial process with linguistic and phonological categories. The purpose is to assess the relevance of the use of sophisms in the speech practice of the modern Tomsk prosecutor. The object of the analysis is the speech activity of a linguistic personality-the prosecutor of Tomsk, a woman, 38 years old. Material and methods. The following methods were used: observation, scientific description, discursive analysis. The material was oral recordings of speeches of the Tomsk prosecutor, lawyer and the defendant, made during one trial. The volume of the material is about 11.5 words. Results and discussion. The article describes various types of sophisms noted in the speeches of the prosecutor: substitution of the thesis, false arguments, arbitrary arguments, arguments against a person, etc. It is found that rhetorical arguments prevail over logical arguments in the speech in the debate. Actually, manipulative techniques are concentrated in that part of the judicial controversy, which is called a replica. To confirm this postulate, the main theses were highlighted, which were proved and evaluated during the debate. Variants of speculative use of evaluative rhetorical techniques prevail. Less common are “false analogy” and “female logic”. There are few cases of distortion of the thesis: “narrowing-expansion of the thesis”, “substitution of the thesis”. At this stage, it is difficult to assess whether the commitment to manipulative techniques is an individual feature of the speaker, or it is typical for a modern judicial process. The use of sophisms is part of the traditions of modern judicial practice, which began in the nineteenth century. It is noted that in the case of using manipulative arguments, the feature of the speaker’s speech portrait is most clearly manifested: subjective assessment and emotionality. Conclusion. We can say that the chosen strategy, assuming the presence of sophisms, proved its situational effectiveness, since it probably became one of the factors that influenced the decision of the court that supported the prosecution. Each speaker, as a professional language personality, has his own arsenal of effective and ineffective ways of organizing a discussion, it is necessary to replenish his communicative arsenal with the most effective management strategies that influenced the court’s decision.

Author(s):  
Faridun Z. Zavurbekov

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.


2019 ◽  
Vol 34 (Spring 2019) ◽  
pp. 215-231
Author(s):  
Mussarat J. Khan ◽  
Seemab Rasheed

The purpose of present study is to examine the role of learning strategies as moderator between meta-cognitive awareness and study habits among university students. Sample comprises of 200 students (100 male students and 100 female students) of various universities of Islamabad and Rawalpindi with age ranging from 18-25 years. In order to assess study variables questionnaires were used included Meta-Cognitive Awareness Inventory (Schraw & Dennison, 1994) measuring two-components of meta-cognition that are knowledge and regulation of cognition. Study habits demonstrated by the students were measured by the Study Habits Inventory (Wrenn, 1941). Motivated Strategies for Learning Questionnaire (Pintrich, Smith, Garcia, & McKeachie, 1991) which includes motivation and learning strategies scales. In the present study, only the learning strategies section was utilized, which measures the cognitive strategies and resource management strategies. Results revealed positive correlation between research instruments and are also having good reliability. Regression analysis reflected that meta-cognitive awareness predicts study habits among university students. Regression analysis also suggested that learning strategies including resource management strategies and cognitive strategies significantly moderates the relationship between meta-cognitive awareness and study habits. It is also explored gender differences on learning strategies, meta-cognitive awareness and study habits. Future implications of the study were also discussed.


2013 ◽  
Vol 1 (1) ◽  
pp. 83
Author(s):  
Ozan Büyükyılmaz

The development and expansion of knowledge management as an important management philosophy has a significant impact on human resources management as well as on organization as a whole. In this context, knowledge management processes have been used as a strategic tool within human resources management.Therefore, functions of human resources management must adapt itself to this change. The purpose of this study is to determine the role of human resources management in the management of knowledge and to reveal the effects of knowledge management practices on the functions of human resources byexamining the relationship between human resources and knowledge management. In this context, a theoretical investigation was conducted. It has been determined that significant changes occurred on the functions of human resources management such as selection and recruitment, performance management, remuneration and reward, training and development within the framework of the knowledge management strategies.


1998 ◽  
Vol 37 (6-7) ◽  
pp. 331-336 ◽  
Author(s):  
Stephen Garbaciak ◽  
Philip Spadaro ◽  
Todd Thornburg ◽  
Richard Fox

Sequential risk mitigation approaches the remediation of contaminated sediments in three phases designed to: (1) immediately reduce the ecological and human health risks associated with high levels of contamination, using methods such as the confinement or capping of high-risk materials; (2) reduce the risks associated with moderate levels of pollution to a minimum, on a less urgent schedule and at a lower cost; and (3) address areas of limited contamination through a combination of natural recovery and enhanced natural recovery (to aid or speed those natural processes). Natural recovery, the reduction of contaminant concentrations through natural processes, is based on the practical observation that overall ecosystem recovery appears to be largely a function of time. Sediment decomposition and the mixing of new and old sediments by bottom-dwelling organisms can both contribute to reduced contaminant concentrations. Knowledge of these processes--sediment decomposition, sediment mixing by bottom-dwelling organisms, and chemical residence time is critical in the development of appropriate ecosystem recovery and waste management strategies. Evaluations to support natural recovery predictions are designed to collect and evaluate information necessary to determine whether surface sediment chemical concentrations, with adequate source control, will reach the cleanup standards within a ten-year period.


2021 ◽  
pp. 251660852098428
Author(s):  
Vikas Bhatia ◽  
Chirag Jain ◽  
Sucharita Ray ◽  
jay Kumar

Objective: To report a case of young male with stroke and bilateral internal carotid artery (ICA) dissection. Background: Cervical Artery Dissection in Stroke Study trial has provided some insight on management of patients with ICA dissection. However, there is a need to modify the management strategies as per specific clinical scenario. Design/Methods: Case report and literature review. Results: A 45-year-old male presented with 1 month old history of acute onset numbness of right half of the body with slurring of speech. Computed tomography angiography showed complete occlusion of left cervical ICA just beyond origin with presence of fusiform dilatation and spiral flap in right extracranial cervical ICA. The patient was started on antiplatelets and taken for endovascular procedure using 2-mesh-based carotid stents. Patient was discharged after 3 days on antiplatelet therapy. At 1-year follow-up, there were no fresh symptoms. Conclusion: This case emphasizes the role of successful endovascular management of carotid dissection in a young male. These clinical situations may not be fully represented in trials, and a case-based approach is required.


2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Shilpa Tyagi ◽  
Gerald Choon-Huat Koh ◽  
Nan Luo ◽  
Kelvin Bryan Tan ◽  
Helen Hoenig ◽  
...  

Abstract Background Outpatient medical follow-up post-stroke is not only crucial for secondary prevention but is also associated with a reduced risk of rehospitalization. However, being voluntary and non-urgent, it is potentially determined by both healthcare needs and the socio-demographic context of stroke survivor-caregiver dyads. Therefore, we aimed to examine the role of caregiver factors in outpatient medical follow-up (primary care (PC) and specialist outpatient care (SOC)) post-stroke. Method Stroke survivors and caregivers from the Singapore Stroke Study, a prospective, yearlong, observational study, contributed to the study sample. Participants were interviewed 3-monthly for data collection. Counts of PC and SOC visits were extracted from the National Claims Database. Poisson modelling was used to explore the association of caregiver (and patient) factors with PC/SOC visits over 0–3 months (early) and 4–12 months (late) post-stroke. Results For the current analysis, 256 stroke survivors and caregivers were included. While caregiver-reported memory problems of a stroke survivor (IRR: 0.954; 95% CI: 0.919, 0.990) and caregiver burden (IRR: 0.976; 95% CI: 0.959, 0.993) were significantly associated with lower early post-stroke PC visits, co-residing caregiver (IRR: 1.576; 95% CI: 1.040, 2.389) and negative care management strategies (IRR: 1.033; 95% CI: 1.005, 1.061) were significantly associated with higher late post-stroke SOC visits. Conclusion We demonstrated that the association of caregiver factors with outpatient medical follow-up varied by the type of service (i.e., PC versus SOC) and temporally. Our results support family-centred care provision by family physicians viewing caregivers not only as facilitators of care in the community but also as active members of the care team and as clients requiring care and regular assessments.


Plant Disease ◽  
2004 ◽  
Vol 88 (7) ◽  
pp. 724-730 ◽  
Author(s):  
S. A. Pereyra ◽  
R. Dill-Macky ◽  
A. L. Sims

Survival and inoculum production of Gibberella zeae (Schwein.) Petch (anamorph Fusarium graminearum (Schwabe)), the causal agent of Fusarium head blight of wheat and barley, was related to the rate of wheat (Triticum aestivum L.) residue decomposition. Infested wheat residue, comprising intact nodes, internodes, and leaf sheaths, was placed in fiberglass mesh bags on the soil surface and at 7.5- to 10-cm and 15- to 20-cm depths in chisel-plowed plots and 15 to 20 cm deep in moldboard-plowed plots in October 1997. Residue was sampled monthly from April through November during 1998 and every 2 months through April to October 1999. Buried residue decomposed faster than residue placed on the soil surface. Less than 2% of the dry-matter residue remained in buried treatments after 24 months in the field, while 25% of the residue remained in the soil-surface treatment. Survival of G. zeae on node tissues was inversely related to the residue decomposition rate. Surface residue provided a substrate for G. zeae for a longer period of time than buried residue. Twenty-four months after the initiation of the trial, the level of colonization of nodes in buried residue was half the level of colonization of residue on the soil surface. Colonization of node tissues by G. zeae decreased over time, but increased for other Fusarium spp. Ascospores of G. zeae were still produced on residue pieces after 23 months, and these spores were capable of inducing disease. Data from this research may assist in developing effective management strategies for residues infested with G. zeae.


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