scholarly journals Legal Languages – A Diachronic Perspective

2018 ◽  
Vol 53 (1) ◽  
pp. 195-212 ◽  
Author(s):  
Aleksandra Matulewska
Keyword(s):  
Perspective Taking ◽  
Social Factors ◽  
Political Correctness ◽  
Social Changes ◽  
Legal Language ◽  
Same Sex ◽  
Communication Problems ◽  
Temporal Factors ◽  
The Law ◽  
Diachronic Changes

Abstract The aim of the article is to discuss the legal language transformations from a diachronic perspective taking into account the following factors: (i) spatial and temporal, (ii) linguistic norm changes, (iii) political, (iv) social (customs), and (v) globalization as well as (vi) EU-induced. Spatial and temporal factors include legal relations influenced by climate and the cycles of nature. Linguistic factors include spelling reforms and grammatical changes each language undergoes, for example, as a result of usage. As far as the law is concerned, normative changes can be observed when laws are amended. Other factors such as customs, usage, etc. cannot be neglected when discussing the language of the law. Analogously political correctness and usage can be observed in gender sensitive language and the introduction of such terms as chairperson instead of chairman. Social factors should not be overlooked. As a result of social changes, numerous terms have been introduced to legal lexicons in many countries starting with same-sex unions or same-sex-marriages. The so-called political correctness enforces some language changes and leads to the introduction of new terms and at the same time the abandonment of others. Consequently, some terms cease to be used and consequently become archaic. The aim of the article is to focus on diachronic changes in legal languages and present the communication problems resulting from them from intra- and inter-lingual perspectives.

From Hard-Copy to Digital Law via “Illustrated Courtrooms”: Visualising the History of Legal English

Pólemos ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Matteo Nicolini
Keyword(s):  
English Language ◽  
Body Politic ◽  
The Body ◽  
Hard Copy ◽  
Legal Language ◽  
History Of ◽  
Judicial Proceedings ◽  
Three Stages ◽  
The Law ◽  
Digital Law

Abstract This essay addresses different patterns of the visualisation of the law. It examines how scholars attempt to depict, represent, and perform the law and its founding authority. It also focuses on the pragmatics of legal language: written and spoken standard legal English are pragmatically enriched within contexts where the law is interpreted, uttered, or performed. The linguistic notion of “context” discloses the interrelations between the agendas of law and power and reveals how the law conveys its content to the body politic as its ultimate addressee. It then proposes a renewed concept of legal linguistics. In order to determine the different ideologies underpinning the evolution of English legal language, as well as its prototypical forms of the visualisation of the law, three stages in the history of the English language will be examined: Late Middle English, Early Modern English, and Contemporary English. Each of these stages will be likened to the different parts of judicial proceedings. This will allow us to examine how English legal language has been used in a specific context, the trial, where the law is both uttered and performed.

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.

scholarly journals Perubahan Sosial, Ijtihad dan Dinamika Hukum Islam

2018 ◽  
Vol 4 (1) ◽  
pp. 63-76
Author(s):  
Salamah Eka Susanti
Keyword(s):  
Social Change ◽  
Social System ◽  
Social Dynamics ◽  
Islamic Law ◽  
Social Changes ◽  
Cultural Objects ◽  
The Road ◽  
The Social ◽  
Rapid Changes ◽  
The Law

The Qur'an contains only a small number of detailed laws, while the sunna is limited to the cases that occurred in its time, so to solve new problems, ijtihad is required. In such a connection for a Muslim, new problems arising from the progress of science and technology, should not be confronted with confrontational passages, but must be solved by ijtihadi.Karena reality often occurs, that the development of society and public opinion faster the pace of the road from on the development of the law itself. The dynamics of people's lives are characteristic of change. Through the power of intention, power, and creativity, humans create cultural objects as a result of their creations. Changes that occur in society when observed can occur in various There are slow changes (evolution) and there are rapid changes (revolution). The social changes that occur in a society, directly or indirectly, affect institutions in various fields, such as government, economics, education, religion and so on. The continuation of an impact on the social system changes. When the law is faced with social change, it occupies one of its functions, which can function as a means of social control, and the law can serve as a means of social change. the characteristics of the law above is due to the inconsistency of social dynamics and the dynamics of law in the life of society. Unequaled dynamics of society and law, usually will bring social lag. From here, then comes a question whether Islamic law as a norm of God's determination can experience changes in accordance with the needs of the community? Ijtihad is an important factor for the development and development of Islamic law.Ijtihad done to answer the problems that arise in society that is not yet known legal status.ijtihad has a wide scope, the issues are not regulated explicitly dala m al-Qur'an and sunna can be done ijtihad. In order for humans to have breadth in determining its activities according to its ability, needs and environment. Therefore ijtihad in the field of Islamic law in anticipating the dynamics of society and social changes concerning the values, behavior patterns, and social system of a society is a concern in establishing Islamic law. Thus ijtihad is the third source in the development of Islamic law. Keywords: Social Change, Ijtihad, Law, Islamic.

scholarly journals The Visual Form of Estonian Newspapers from 1806 to 1940 and the Appearance Spiral Model

2008 ◽  
Vol 29 (2) ◽  
pp. 335-352
Author(s):  
Roosmarii Kurvits
Keyword(s):  
Content Analysis ◽  
Social Factors ◽  
Economic Factors ◽  
Social Changes ◽  
Visual Form ◽  
Spiral Model ◽  
Visual Changes

Abstract Changes in the visual form of newspapers are considered to be connected to changes in society, technologies, and aesthetic ideals. The present chapter explores the changes in the visual form of Estonia’s major newspapers between 1806 and 1940, and whether Mervola’s model of visual changes, in Finnish newspapers, is applicable to Estonia’s newspapers. Content analysis is used to analyse the data. The analysis shows that Estonian newspapers considerably changed their visual form twice during this period. These changes in visual form were linked to social and economic factors, and three specific influencers were present prior to both instances of change. At first, rapid social changes caused a volume-jump in the newspaper issue (1.5 times in five years), and then competition and journalistic professionalization were needed to trigger the changes in the visual form. Technical evolution did not force newspapers to change, but was instrumental only when social factors demanded changes.

scholarly journals How Sociology Perspective Influence Law with a Social Contexts? A Book Review “Pokok-Pokok Sosiologi Hukum”, Prof Dr Soerjono Soekanto SH MA, Rajawali Pers, 269 Pages, ISBN 979-421-131-1

2021 ◽  
Vol 3 (2) ◽  
pp. 251-256
Author(s):  
Abraham Abraham
Keyword(s):  
Social Science ◽  
Social Factors ◽  
Social Contexts ◽  
Sociology Of Law ◽  
The Social ◽  
Patterns Of Behavior ◽  
The Law ◽  
Legal Sociology

sociology of law examines why humans obey the law and why it fails to obey the law and the social factors that influence it. as a relatively new branch of sociology, the science of legal sociology was developed to explain the interrelationships of patterns of behavior and law that cannot yet be explained by other branches of social science.

Gay Rights and the Constitution of Reasons

Just Married ◽  
2015 ◽  
Author(s):  
Stephen Macedo
Keyword(s):  
Gay Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Marital Commitment ◽  
Civil Marriage ◽  
The Law

This chapter considers the main arguments raised by conservatives against same-sex marriage and gay rights more generally. Defenders of same-sex marriage acknowledge the fact that marriage is in many ways a conservative institution. Libertarians, liberationists, and some liberals doubt that marriage is fair given the diversity of people's conceptions of meaning and value in life. Many adopt an unnecessarily critical posture toward civil marriage. This chapter offers a sympathetic account of marriage that recognizes the importance for many people of marital commitment while also honoring, and indeed helping to secure, the equal liberty and fairness prized by liberals. It shows that the debate over gay rights has been shaped by the repeated articulation of a demand for public reasons and evidence to justify the shape of the law touching on gay rights and marriage. The demand for reasons was laid down by the dissenters in Bowers v. Hardwick (1987).

Muslim Judges at the Road of Intersection

Hawwa ◽  
2020 ◽  
Vol 18 (2-3) ◽  
pp. 143-161
Author(s):  
Nahda Shehada
Keyword(s):  
Social Status ◽  
Social Factors ◽  
Educational Background ◽  
Law And Society ◽  
Daily Routine ◽  
The Road ◽  
Moral Standards ◽  
Custody Of Children ◽  
The Law

Abstract The work of Muslim judges in the shariʿa courts ranges from enforcing specific moral standards to redistributing wealth in accordance with Islamic inheritance norms. Judgments in cases involving divorce, alimony, and the custody of children are nonetheless part and parcel of the judges’ daily routine. This paper uses ethnographic work in Gaza–Palestine to explore whether, how, and why judges assert certain rules and norms on some occasions but make adjustments or accommodations on others during the process of adjudication. It tries to uncover certain ambivalences in the law and society that allow them to adjust situationally. Social factors such as gender, social status, educational background, and class are scrutinized to see how they are played out, together or separately, in the process of adjustment. Orality as a method is central to the judges’ work as well as to the analysis.

Social Change

2019 ◽  
pp. 106-142
Keyword(s):  
Social Change ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Lgbt Issues ◽  
The Law ◽  
Lgbt Individuals

The differences between states and within states are profound, and while that has long been true, it is much more consequential to LGBT individuals since the legalization of same-sex marriage. Social change relating to LGBT issues were originally addressed in a 1997 article written by Thomas Stoddard titled “Bleeding Heart: Reflections on Using the Law to Make Social Change.” This chapter uses his framework and examines legislative responses to the legalization of same-sex marriage focusing on place.

Framework for Social Change

2019 ◽  
pp. 28-53
Keyword(s):  
Social Change ◽  
Same Sex ◽  
Lgbt Rights ◽  
Same Sex Marriage ◽  
The Law ◽  
Cultural Shifts

Culture shifts relating to LGBT rights were originally addressed in a 1997 article written by Thomas Stoddard titled “Bleeding Heart: Reflections on Using the Law to Make Social Change.” This chapter uses his framework for social change and examines how rule shifting and cultural shifts interact with the legalization of same-sex marriage.

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