scholarly journals Explain the law: When the evidence is not enough

2021 ◽  
Vol 4 (2) ◽  
pp. 54-61
Author(s):  
Martina Benešová ◽  
Dan Faltýnek ◽  
Lukáš Hadwiger Zámečník
Keyword(s):  
Internal Structure ◽  
Information Structure ◽  
Sample Processing ◽  
Language System ◽  
Quantitative Linguistics ◽  
The Law ◽  
Basic Features ◽  
Text Language ◽  
Language Laws

Abstract The article responds to the current variability of research into linguistic laws and the explanation of these laws. We show basic features to approach linguistic laws in the field of quantitative linguistics and research on linguistic laws outside the field of language and text. Language laws are usually explained in terms of the language system—especially as economizing—or of the information structure of the text (Piantadosi 2014). One of the hallmarks of the transmission of linguistic laws outside the realm of language and text is that they provide other kinds of explanations (Torre et al. 2019). We want to show that the problem of linguistics in the explanation of linguistic laws lies primarily in its inability to clarify the internal structure of language material, and the influence of the theory or method used for sample processing on the result of law analysis—which was formulated by Peter Grzybek (2006). We would like to show that this is the reason why linguistics avoids explanations of linguistic laws.

Explain the law: When the evidence is not enough

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Martina Benešová ◽  
Dan Faltýnek ◽  
Lukáš Hadwiger Zámečník
Keyword(s):  
Internal Structure ◽  
Information Structure ◽  
Sample Processing ◽  
Language System ◽  
Quantitative Linguistics ◽  
The Law ◽  
Basic Features ◽  
Text Language ◽  
Language Laws

Abstract The article responds to the current variability of research into linguistic laws and the explanation of these laws. We show basic features to approach linguistic laws in the field of quantitative linguistics and research on linguistic laws outside the field of language and text. Language laws are usually explained in terms of the language system—especially as economizing—or of the information structure of the text (Piantadosi 2014). One of the hallmarks of the transmission of linguistic laws outside the realm of language and text is that they provide other kinds of explanations (Torre et al. 2019). We want to show that the problem of linguistics in the explanation of linguistic laws lies primarily in its inability to clarify the internal structure of language material, and the influence of the theory or method used for sample processing on the result of law analysis—which was formulated by Peter Grzybek (2006). We would like to show that this is the reason why linguistics avoids explanations of linguistic laws.

Cohesion in the Discourse of Normal and Head-Injured Adults

1987 ◽  
Vol 30 (1) ◽  
pp. 88-98 ◽  
Author(s):  
Michelle Mentis ◽  
Carol A. Prutting
Keyword(s):  
Internal Structure ◽  
Conversational Discourse ◽  
Language System ◽  
Head Injured ◽  
Normal Adults

Cohesion strategies used by 3 normal and 3 head-injured adults were examined in both conversational and narrative conditions. Two major findings emerged. First, the head-injured subjects used different cohesion patterns from the normal adults in both conditions. Second, both groups used different cohesion patterns in the conversational and narrative conditions. The study highlights the importance of viewing the language of head-injured adults within the context of discourse. Testing the language system through narrative as well as conversational discourse is important since both conditions are characterized by their own distinctive internal structure and organization.

The Labour Courts and Their Place in the Legal and Labour Relations Systems of Israel

1974 ◽  
Vol 9 (4) ◽  
pp. 558-567 ◽  
Author(s):  
Zvi H. Bar-Niv
Keyword(s):  
Political System ◽  
International Congress ◽  
Labour Law ◽  
Labour Relations ◽  
Legal Development ◽  
Integral Component ◽  
The Law ◽  
Basic Features ◽  
New System

One of the events marking the legal development of this country which has taken place since the first International Congress of Jewish Lawyers and Jurists, is the coming into being of a new system of Courts—the Labour Courts. Israel thus joined the ever increasing number of states having a special judiciary to adjudicate in matters of labour.The Law establishing the Labour Courts came into operation on September 1, 1969, exactly four years ago. This period is too short for a sound evaluation and because of my position, I am to some extent, disqualified from evaluating results and achievements, even in as far as already warranted by experience.Being fully aware of these limitations, in this address I will try to present this new component of the Judiciary of Israel, and to outline the place of the Labour Courts in the Legal and Labour Relations Systems of Israel.Before dealing with the Labour Courts, their composition and jurisdiction, it would, I believe be proper to make some remarks on the labour relations system of Israel, and to comment on some basic features of our labour law. This has to be done, since the Labour Courts, although institutionally and constitutionally part of the Judiciary, are an integral component of the labour relations system, just as the Judiciary as a whole is an integral component of the socio-economic and political system of any state.

Classification of obligations and the impact of constructivist epistemologies

Legal Studies ◽  
1997 ◽  
Vol 17 (3) ◽  
pp. 448-482 ◽  
Author(s):  
Geoffrey Samuel
Keyword(s):  
Internal Structure ◽  
Legal Knowledge ◽  
The Law ◽  
The Impact ◽  
Epistemological Point ◽  
Legal Classification

In December 1996 Classification of Obligations formed the topic of one of a series of SPTL seminars under the general title of Pressing Problems in the Law. It may, perhaps, be asked quite why classification is a pressing problem, for it is by no means clear from the papers themselves that common lawyers have suddenly become more concerned about the internal structure of the ‘seamless web’. Nevertheless the seminar was a valuable opportunity to reflect upon a subject that is at least a useful vehicle for thinking about legal knowledge. Legal classification, in other words, raises questions of an epistemological nature. The purpose of this present paper is to pursue this epistemological point in an attempt to reveal how classification of symbolic knowledge (legal propositions or rules) hides much deeper issues about the role of non-symbolic knowledge (symmetries, images and isomorphs) in the formulation of legal solutions in the law of obligations.

scholarly journals Information structure and referential givenness/newness: How much belongs in the grammar?

2003 ◽  
Author(s):  
Jeanette Gundel
Keyword(s):  
Structural Properties ◽  
Information Structure ◽  
Language Production ◽  
Cognitive Status ◽  
The Other ◽  
Language System ◽  
New Information ◽  
Information Status ◽  
Label Information ◽  
The Way

This paper is concerned with such concepts as topic, focus and cognitive status of discourse referents, which have been included under the label information structure (alternatively information status), as they are related in some sense to the distribution of given and new information. It addresses the question of which information structural properties are best accounted for by grammatical constraints and which can be attributed to non-linguistic constraints on the way information is processed and communicated. Two logically independent senses of given-new information are distinguished, one referential and the other relational. I discuss some examples of linguistic phenomena that pertain to each of these different senses and show that both are linguistically relevant and must be represented in the grammar. I also argue that phenomena related to both senses have pragmatic effects that do not have to be represented in the grammar since they result from interaction of the language system with general pragmatic principles that constrain inferential processes involved in language production and understanding.

scholarly journals Subjektsegenskaper i förändring: Indefinita subjekt i fornsvenskt lagspråk

2019 ◽  
Vol NF 28 (2018) ◽  
pp. 112-141
Author(s):  
Minna Sandelin
Keyword(s):  
Information Structure ◽  
Relative Clauses ◽  
Final Position ◽  
Legal Language ◽  
Subordinate Clauses ◽  
Old Swedish ◽  
The Subject ◽  
Bare Nouns ◽  
The Law

In Old Swedish, the placement of the subject was tied to its function in the information structure of the clause: rhematic subjects, which are semantically indefinite and introduce a new referent to the text, were most often postverbal. The study analyses such subjects in Old Swedish legal language in relation to the order of constituents in the clause, the position of the clause in the text, and the structure of the subject. Three questions are posed: 1. What order of constituents is found in clauses with semantically indefinite subjects? 2. Do these clauses appear in initial, medial, or final position in paragraphs and subparagraphs? 3. What structure does a semantically indefinite subject have? The corpus consists of all main clauses (n=210) and subordinate clauses (n=28) with indefinite subjects in three sections of the Law of Uppland. An indefinite subject seldom (5.2%) appears in the preverbal position in main clauses, while this is common in subordinate clauses (71.4%). In over 93% of main clauses, the subject appears postverbally as the second or third constituent, but placement as the fourth constituent is rare. The main clauses are often verb-initial conditional clauses in which the preverbal position is not a possibility. The clauses tend to appear in initial or medial position in the text, in the introduction to a paragraph or a subparagraph. The subjects are mainly short, bare nouns, but they can also be combined with numerals, pronouns, or relative clauses.

Law’s Loss Aversion

2014 ◽  
pp. 267-299 ◽  
Author(s):  
Eyal Zamir
Keyword(s):  
Consumer Behavior ◽  
Behavioral Economics ◽  
Prospect Theory ◽  
Loss Aversion ◽  
Legal Theory ◽  
Burden Of Proof ◽  
Psychological Literature ◽  
The Law ◽  
Basic Features ◽  
Default Rules

Kahneman and Tversky’s prospect theory is probably the most influential contribution to behavioral economics, and loss aversion is the most important element of this theory: Losses loom larger than gains. This chapter surveys the effect this notion has had on legal theory. It first provides an overview of the vast psychological literature on loss aversion. It then demonstrates the contribution made by studies of loss aversion in several contexts that are of particular interest to the law, including consumer behavior and litigation and settlement. The chapter further discusses the possibility of triggering loss aversion through legal framing, focusing on two examples: default rules and burden of proof. It also suggests that there is a striking correspondence between loss aversion and basic features of the law, and offers possible explanations for this correspondence. Finally, the chapter briefly discusses some of the normative implications of loss aversion for the law.

Earth Materials

MRS Bulletin ◽  
1992 ◽  
Vol 17 (5) ◽  
pp. 19-22 ◽  
Author(s):  
Rodney C. Ewing ◽  
Alexandra Navrotsky
Keyword(s):  
Physical Properties ◽  
Internal Structure ◽  
Materials Science ◽  
Raw Materials ◽  
Small Sample ◽  
French Mathematician ◽  
Continuous Evolution ◽  
The Law

This issue of the MRS Bulletin is devoted to Earth materials — a subject so broad and with such a long history, stretching back to man's first use of materials, that we can offer only a small sample of topics, only a partial review. As our ancestors fashioned the first crude tools from stone, they must have distinguished among materials on the basis of their physical properties. They classified materials by color and density and very early must have wanted more than Nature had provided. They began to synthesize and fashion their own materials. Today's nanoscale engineering of materials is part of this same quest—a continuous evolution of this early toolmaking.Thus, Earth materials were the first raw materials—and the first subjects of study and classification in materials science. Probably one of the earliest materials scientists to make quantitative observations was Nicolas Steno (1638–1686, actually Nils Stensen, a Dane by birth), who was among the first to note the “law of constancy of angle” in comments which accompany his drawings of quartz and hematite crystals (De Solido intra Solidum Naturaliter Conteno Dissertationis Prodromus, 1669). Such observations were the first clues to understanding the internal structure of solids. Steno was also a keen geological observer. He is given credit for the first statement of the law of superposition of sedimentary strata. The first quantitative experiments on the origin of minerals grew out of studies of glass and ceramics. French mathematician René-Antoine Ferchault de Réaumur (1683–1757) tried to determine the composition of Chinese porcelain by melting minerals and rocks.

scholarly journals Kant on Punishment and Criminal Law – nine Theses

2021 ◽  
Vol 15 (1) ◽  
pp. 4-16
Author(s):  
Joachim Renzikowski
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
The Rule Of Law ◽  
Textual Evidence ◽  
Theory Of Crime ◽  
Metaphysics Of Morals ◽  
The Law ◽  
Basic Features

Kant is generally regarded as a representative of the theory of retaliation. This position is accused as scientific untenable. Supposedly, the idea of retaliation disregards all social purposes and demands punishment even where it was not necessary for the protection of legal interests. Kant’s Metaphysics of Morals of 1797 contains an already quite sophisticated criminal theory of timeless quality. In order to elaborate on them, however, one must not, as is customary, pick out a few passages, but one must take note of the “whole” doctrine of law, in particular Kant’s statements on subjective law, on the abandonment of the law and on the rule of law. The basic features of Kant’s theory of crime will be presented in the following nine theses, backed up by relevant textual evidence.

Aktuelle Rechtsfragen der Grenzen steuerlicher Gemeinnützigkeit

2021 ◽  
Author(s):  
Lars Hummel ◽  
Steffen Lampert
Keyword(s):  
Internal Structure ◽  
Animal Rights ◽  
Third Party ◽  
Legal Basis ◽  
Non Profit ◽  
The Law ◽  
Selection Of

Following a general commentary on the legal basis, the authors analyse the current law with regard to a selection of topical questions concerning tax-related non-profit law. In particular, the authors address the questions of whether the promotion of animal rights is considered a non-profit aim, of whether the recognition of an organisation as non-profit meets requirements in accordance with the law and the extent to which the conduct of a third party can be attributed to the organisation, and of whether the recognition of an organisation as non-profit necessitates a democratic internal structure and general accessibility. In light of these questions, recommendations are made for future reforms to tax-related non-profit law.

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