scholarly journals Stylistic functioning of legal vocabulary in the second volume of Marcel Proust’s novel “In Search of Lost Time”

Author(s):  
E. S. Savina

The present article deals with the stylistic functioning of legal vocabulary in the second volume of Marcel Proust’s novel “In Search of Lost Time” (“À la recherche du temps perdu”) “In the Shadow of Young Girls in Flower” (“À l’ombre des jeunes filles en fleurs”). The current interest in the problem lies in the fact that, as far as we know, though Marcel Proust’s texts have been studied from different viewpoints, no research has been done on the author’s use of stylistic figures based on legal vocabulary. It would be reasonable to examine in detail how Marcel Proust resorts to the legal vocabulary from the point of view of stylistics at the end of the first and at the beginning of the second part of the second volume of his novel. What we are aiming at is revealing, classification, and stylistic analysis of such figures. We use the methods of semantic, linguistic and contextual analyses. We have verified the meaning of the legal terms under study in monolingual and bilingual dictionaries, in the general vocabulary Thesaurus as well as in the dictionaries of legal terms; we have consulted the Internet to check their usage in contemporary French. We have also found out, wherever it was possible, what other stylistic figures those based on legal vocabulary correlate to. Our analysis shows that Marcel Proust employs general legal vocabulary (“article de loi”, “compétence et juridiction”, “coutumier”, “police particulière”) as well as legal vocabulary from different branches of Law, namely Constitutional Law (“Chambre”), Criminal Law (“geôlier”, “prison”, “voleur”), International Law (“chef d’État pendant les toasts officiels”, “exterritorialité”) and Financial Law (“livre de comptes”, “avance”, “solde créditeur”, “débit”) in order to describe different domains of life (such as relations in high society, those among the bourgeoisie as well as relations between friends and those of a teenager in love). “Legal” similes and metaphors can be combined with those from other domains of life, particularly with stylistic figures referring to art (namely, one of La Fontaine’s fables), medicine and war. This narrative technique makes the author’s text more expressive. More detailed analysis of such figures, as well as the fact of establishing their textual connections within all Marcel Proust’s texts, will contribute to revealing the specificity of the author’s language and style.

1947 ◽  
Vol 9 (3) ◽  
pp. 330-348 ◽  
Author(s):  
H. Lauterpacht

The cause célèbre of King v. William Joyce, subsequently reported as Joyce v. Director of Public Prosecutions, was concerned to a large extent with matters of interest for international law, and it is mainly from this point of view that it is proposed to discuss it in the present article. Obviously the case is also of considerable importance both for criminal law, in so far as it is concerned with the crime of treason, and for constitutional law inasmuch as it bears directly on the question of the nature and the obligations of allegiance. However, it is probable that the case books which will claim it most insistently will be those of international law. For the decision in Rex v. Joyce is not only an authority on certain aspects of allegiance owed by aliens and of the right of a State to assume jurisdiction over acts committed by aliens abroad. It sheds light on such questions as the nature of diplomatic protection of citizens, the right of a State to protect diplomatically persons who are not its citizens, the obligation of allegiance of so-called protected persons, and some others. Not all these questions were judicially answered, but they loomed large in argument and imparted to the proceedings the complexion of a case concerned predominantly with international law. In view of this it may be pertinent to preface this article by drawing attention to a point which appears to be a mere matter of terminology but which, it is believed, raises an issue of wider significance.


Author(s):  
Luís Duarte d’Almeida

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and debates in criminal law theory (and philosophy) on the elements of criminal responsibility. The similarities are not surprising. But it is striking how little cross-fertilization there seems to have been. For jurisprudence and criminal law scholars have developed a number of points and distinctions that international law theorists working on defences should find helpful. This chapter illustrates these claims. Section 2 looks at defences from the point of view of general legal theory, and section 3 does the same from the point of view of criminal law theory, recommending specific solutions to particular problems. Section 4 then shows how these contributions can help to answer some persistent questions surrounding defences in the law of state responsibility.


Author(s):  
Antonio Segura Serrano

The international regulation of the Internet may be understood in two different ways. From a narrow point of view, it may be conceived as equivalent to Internet governance, i.e. comprising exclusively the institutional arrangements that enable the Internet to function. From a comprehensive point of view, it may be interpreted more widely, including all sectors and areas where international law rules that intersect or interact with the Internet may be found. The Internet is a pervasive network that nowadays touches upon the lives of public and private actors. This article aims to present an account of the many domains in which international regulation may be found or may be needed if universal or community interests are to be protected. If although state practice and the codification of international law rules regarding the Internet are now in flux, due to the unwillingness of states or, in other words, the impossibility of finding universal consensus on the matter, it is possible to identify areas in international law that already apply to online activities. To be sure, this use is in many instances a difficult one, as this new technology challenges the extant legal framework. But today the applicability of international law to activities carried out with respect to the Internet is not only possible, it is also necessary as this new medium is truly global. Even though if there is not a new demos, or because of that, international law rules in the traditional sense are needed to solve the new challenges. This is why traditional doctrines on jurisdiction and state responsibility, together with cybersecurity rules (warfare is not the object of this contribution), have been put to work, with adjustments necessary to make their functioning appropriate to the new circumstances. Furthermore, taking into account the reinforced role of nonstate actors in this field, international cooperation is needed to address the problems of cybercrime, cyber espionage, and cyber terrorism, although in this the latter is not as ubiquitous as the former. Moreover, international human rights norms must be confirmed with respect to the Internet, as those rights are exposed to the same risks, if not more, by state activities as in the real world. Finally, the issue of Internet governance as addressed in this article is treated as one in which it is necessary to ensure in the long run that this new medium is organized following the principles of democracy and inclusion.


Author(s):  
Christian Morin

Si Un amour de Swann de Marcel Proust constitue en quelque sorte une référence de la description des états d’âme de l’amoureux et du jaloux, tout n’est pas seule passion dans ce fragment d’À la recherche du temps perdu. Différents aspects du texte le font glisser du côté du comique et remettent ainsi en question la lecture au premier degré de l’amour. Cet article propose un regard sur ces aspects comiques qui concernent la vision que le grand-père du narrateur a de Swann, les personnages du salon Verdurin, le point de vue restreint de Swann qui l’entraîne dans des actions dignes de la comédie, sans oublier la fin du récit en double renversement ironique. AbstractIf Swann’s Way by Marcel Proust constitutes a type of reference regarding the description of feelings of the lover and the jealous lover, not all is passion in this fragment In Search of Lost Time. Various aspects of the text slip into a comic register, thus questioning a first-degree reading of love. This article proposes a look at these comedic aspects, which concern the vision that the grandfather of the narrator has of Swann; the characters of the Verdurin salon; Swann’s restricted point of view, which steers him into actions worthy of comedy; without forgetting the end of the story with its double ironic reversal. 


Author(s):  
E. S. Savina

This article is devoted to the stylistic and cognitive analysis of the legal vocabulary in the third volume of Marcel Proust’s novel “In Search of Lost Time” used in order to describe mental, psychological and cultural world of Guermantes in its contrast with the world of bourgeoisie and with that of French peasants. The legal terms we consider in the paper are used by Proust as core components of a number of stylistic figures, first of all, similes and metaphors. Following Gérard Cornu and some other scholars, we understand legal terminology (legal terms and legal vocabulary in general) as any word of language (in our case, those of French) having at least one legal meaning, acknowledged by an authoritative French dictionary. The legal terms identified in the text were classified into two groups: general legal vocabulary and specific legal vocabulary belonging to different branches of law: constitutional, criminal, international. In order to confirm their legal semantics while conducting contextual analysis, we have consulted all types of diction-aries: bilingual, monolingual, general and special ones. The main aim of the article was to determine the functions of these figures in Marcel Proust’s text whose poetics is not at all legal. To achieve it, the main task was to identify the connections between the denotative meaning of a given term and its connotative contextual transformations. This means first of all to decode contextual links between the legal figure under analysis and various domains of life it was applied to by Proust. Eventually, this analysis helps to reveal French cultural codes, those of declining aristocracy, empowered bourgeoisie and, in “Guermantes”, of peasantry. Thus, the Guermantes are associated in the eyes of the bourgeoisie, represented by Marcel, with something ancient, inaccessible to rational minds, charming: some sublime images, magical legends of ancient times, exquisite works of art and music, antique music instruments. In this context, a legal term, such as carte photographique d’identité for instance, introduces, by contrast, some materially-minded, pragmatic, prosaic notes. At the same time, democratic changes leading to the rise of the bourgeoisie, as well as the world of peasants are depicted in an extremely concrete way, being associated with the untamed force of nature: damage and devastation caused by the floods, noises, and the like. At the same time, various typical human feelings, such as Marcel’s admiration and Saint-Loup’s love due to the use of legal figures may be represented as imprisonment.


2020 ◽  
Vol 2020 (1) ◽  
pp. 77-84
Author(s):  
Boris G. Vulfovich

Modern political discourse has obtained a new level, i.e. bilateral due to the Internet. This feature of this social network lets a user make a comment to any post written on the page and, what is more, there is a high possibility that a person addressed will read it and answer it. As a comment is considered to be an individual’s speech act it can be rendered from stylistics’ point of view. Implying stylistics into speech can be explained by an attempt to cause a certain emotional reaction of a person. The given article deals with the stylistic analysis of such comments to Theresa May’s posts in “Twitter” and subsequent determination of the emotive state of the readers.


2021 ◽  
Author(s):  
Andrzej Gawliński ◽  
Daniel Zero

Each year in Poland there are over 5,000 deaths as a result of suicide. Even more suicide attempts have been reported. Although suicide is not subject to criminal sanction, it is penalized to cause a person to take his own life through abetting or aiding (Article 151 of the Penal Code), physical or mental abuse (Article 207 § 3; Article 352 § 3) and stalking or impersonation (Article 190a § 3). From the point of view of investigative practice, detecting these cases and collecting evidence is problematic. The aim of the article is a criminal law analysis of the crime under Art. 151 of the Penal Code along with a reference to similar provisions in selected countries and discussion of forensic aspects. In Poland the number of instituted proceedings and established crimes, as well as convictions under Art. 151 of the Penal Code concerning the total number of suicides, is small. Due to detection and evidence problems, it is difficult to estimate the actual scale of the crime under Art. 151 of the Penal Code. Due to the significant and very dynamic development of the network, a possible amendment to Art. 151 of the Penal Code, covering new forms of persuasion or assistance in suicide – via the Internet.


2020 ◽  
Vol 3 (2) ◽  
pp. 81-97
Author(s):  
Sarip Sarip ◽  
Nur Rahman ◽  
Rohadi Rohadi

This article aims to explore the relationship between the Ministry of Home Affairs (Kemendagri) and the Ministry of Villages (Kemendes) from theconstitutional law and state administrative law point of view.The second concerns of this research is the disharmony and problem between the two ministries.From the constitutional law point of view, it turns out that what the Ministry of Home Affairs is doing, is closer to the object of its discussion. The method used in this research is normative legal research bycomparingthe constitutional law and state administrative law to obtain clarity regarding the Ministry of Home Affairs and Ministry of Village. The result shows that the Ministry of Village approached the science of state administrative law, namely to revive or give spirits to the village. Disharmonization began to exist since the inception of the Ministry of Village. The root of disharmony itself was the improper application of constitutional foundations in the formation of the Village Law. It would be better if the government reassess the constitutional foundation for the village.


Metahumaniora ◽  
2018 ◽  
Vol 8 (3) ◽  
pp. 300
Author(s):  
Tania Intan ◽  
Trisna Gumilar

AbstrakPenelitian ini bertujuan untuk (1) mendekripsikan tanggapan pembaca terhadap novel Le Petit Prince (2) mendeskripsikan horizon harapan pembaca terhadap novel Le Petit Prince, dan (3) mendeskripsikan faktor-faktor penyebab perbedaan tanggapan dan horizon harapan pembaca. Penelitian ini termasuk jenis penelitian deskriptif kualitatif. Data penelitian berupa teks yang memuat tanggapan pembaca novel Le Petit Princeyang terdiri dari 20 orang, sedangkan sumber datanya berupa artikel dan makalah yang dimuat di media massa cetak dan elektronik termasuk internet. Instrumen penelitian berupa seperangkat konsep tentang pembaca, tanggapan pembaca, dan horizon harapan. Teknik pengumpulan data dengan cara observasi dan data dianalisis dengan menggunakan teknik deskriptif kualitatif. Hasil penelitian yang didapat sebagai berikut. (1) Seluruh pembaca menanggapi atau menilai positif unsur tema, alur, tokoh, latar, sudut pandang, gaya bahasa, teknik penceritaan, bahasa, dan isi novel Le Petit Prince. (2) Harapan sebagian besar pembaca sebelum membaca novel Le Petit Prince sesuai dengan kenyataan ke sembilan unsur di dalam novel Le Petit Prince, sehingga pembaca dapat dengan mudah menerima dan memberikan pujian pada novel Le Petit Prince. (3) Faktor penyebab perbedaan tanggapan dan horizon harapan pembaca selain perbedaan stressing unsur yang ditanggapi juga karena perbedaan pengetahuan tentang sastra, pengetahuan tentang kehidupan, dan pengalaman membaca karya sastra.Kata kunci: tanggapan pembaca, horizon harapan, Le Petit PrinceAbstractThis study aims to (1) describe reader’s responses to the novel Le Petit Prince (2) to describe the reader's expectations horizon of Le Petit Prince's novel, and (3) to describe the factors causing differences in responses and the horizon of readers' expectations. This research is a descriptive qualitative research type. The research data consist of a set of paragraphs that contains readers' responses to Le Petit Prince's novel, while the data sources are articles and papers published in print and electronic mass media including the internet. The research instruments are a set of reader concepts, reader responses, and expectations horizon. The technique of collecting data is observation and data are analyzed by using qualitative descriptive technique. The results obtained are as follow: (1) All readers respond and valuethe theme elements,plots, characters, background, point of view, language, titles, storytelling techniques, language, and extrinsic novel Le Petit Prince positively. (2) The expectations of most readers before reading Le Petit Prince's novels are in accordance with the nine facts in Le Petit Prince's novel, so readers can easily accept and give prise to Le Petit Prince's novel. (3) Factors causing differences in responses and horizon of readers' expectations other than the stressing differences of the elements being addressed also due to the differences in knowledge of literature, knowledge of life and literary reading experience. Keywords: readers responses, expectations horizon, Le Petit Prince


Author(s):  
Larisa Botnari

Although very famous, some key moments of the novel In Search of Lost Time, such as those of the madeleine or the uneven pavement, often remain enigmatic for the reader. Our article attempts to formulate a possible philosophical interpretation of the narrator's experiences during these scenes, through a confrontation of the Proustian text with the ideas found in the System of Transcendental Idealism (1800) of the German philosopher F. W. J. Schelling. We thus try to highlight the essential role of the self in Marcel Proust's aesthetic thinking, by showing that the mysterious happiness felt by the narrator, and from which the project of creating a work of art is ultimately born, is similar to the experiences of pure self-consciousness evoked and analyzed by Schellingian philosophy of art.


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