scholarly journals Implementing manipulative strategies in legal speech

The article aims at exploring peculiar linguistic features of Legal English – a variety of thematically oriented language applied in the social domain. The focus is on the interaction of language and law and the linguistic maneuvering achieved by the manipulative strategies ap­plied to the use of language. The investigation is meant to show that linguistic manipulation may stimulate the occurrence of ambiguous expressions and double-speak even in legal documents, violating the basic function of law to communicate the truth and express clear-cut ideas. The research also reveals that the use of manipulative tools aimed to achieve practical ends is directly connected with domination and control over people’s perception and interpretation of objective facts. Of particular interest is the analysis of Turkishness (Turkish nation) in the legal texts of Article 301 of the Penal Code of Turkey (versions of 2005 and 2008) which, in fact is a dangerous challenge for the Turkish society, a real threat meant to endanger the fundamental right of humans to Freedom of Expression. The comparative-contrastive approach to the sources helps to reveal linguistic facts exposing the manipulative strategies implemented in the infamous Article 301 through which the Turkish political authorities try to exert a devious influence on the public and stifle dissenting opinion. The “amendments” introduced in the changed version of 2008 of Article 301 of the Turkish Penal Code had nothing to do with contextual improvements and were, in fact, an attempt to delude the European Union into believing that Turkish authorities had readily accepted its advice to amend the Article. The research establishes that the prevalence of politics over law is disastrous as it obviously leads to a covert resorting of manipulative strategies in legal speech and is meant to satisfy the best interests of those in power.

Author(s):  
Samuel Llano

This chapter provides an account of how organilleros elicited public anger because their activity did not fit into any of the social aid categories that had been in place since the late eighteenth century. Social aid in Spain relied on a clear-cut distinction between deserving and undeserving poor in order to rationalize the distribution of limited resources and reduce mendicancy on the streets. Organilleros could not, strictly speaking, be considered idle, since they played music, but their activity required no specific skills and was regarded with suspicion as a surrogate form of begging. The in-betweenness of the organillero caused further anger as it challenged attempts to establish a neat distinction between public and private spaces. On one hand, organillo music penetrated the domestic space, which conduct manuals of the nineteenth century configured as female; on the other, it brought women into the public space, which those manuals configured as male.


Author(s):  
Kazimiera Wódz ◽  
Krystyna Faliszek

This chapter examines how regulation from the state can shape conditions and practices for welfare professions. New members of the European Union, such as Poland, often lack a tradition of social work as an integral part of the welfare state. Challenges for these countries are both to educate social workers and to create legislative solutions stipulating the responsibilities and professional jurisdiction of the social work profession. In the chapter, it is argued that strong regulation and control from the Polish government has resulted in the standardisation of social work. This has curtailed professional autonomy in a manner that is unfavourable to social workers as well as to clients.


2021 ◽  
Vol 19 (4) ◽  
pp. 221-241
Author(s):  
Mariusz W. Sienkiewicz

The fact that Poland and Ukraine share a border, the convergence of the political goals of the peoples of both countries, and the constant efforts towards the development of democracy and decentralisation of public life determine the need to intensify cooperation in various areas of the functioning of society and the economy. An important sphere of cooperation is the public sector, in particular at the level of local government. The local government cooperation of both countries was already visible at the beginning of the social and political transformations after 1990. The development of this cooperation, with varying results, took place in the 1990s and, to an even greater extent, after Poland’s accession to the European Union. In the last three decades, local and regional communities in Ukraine have become an important partner for Polish local governments, both at the local and regional levels. The local government cooperation that has been implemented is based on the diversification and multidimensionality of forms and models. Some result from legal regulations, while others are based on mutual experiences, previous contacts, and sympathies of public authorities. The aim of the study is to analyse and present the conditions and forms of Polish-Ukrainian local government cooperation. The aim is also to show the barriers to cooperation and to define proposed solutions to improve partner contacts of territorial units. The local government cooperation of the two countries is undoubtedly hindered by the fact that Ukraine is not a member of the EU, and often by mutual misunderstanding and non-acceptance of historical experiences. On the other hand, common goals at different levels of social, public, and economic life are a significant factor motivating parties to increase cooperation and achieve a synergistic effect thanks to it.


Author(s):  
Antonios Broumas

The intellectual commons exhibit propensities with a positive potential for society, bearing ethical substance but are in need of protection and advancement under the auspices of law. Theories of the intellectual commons provide substantial justifications for the promotion of commons-oriented institutions in contemporary societies. In this chapter the author details afresh the tendencies, manifestations and moral dimensions of the intellectual commons and how the social research in this book provides empirical evidence about the existence of distinct sequences and circuits of social value circulating. This leads directly to the justification of an Intellectual Commons Law. What might be the fundamentals of such a new body of law? The crucial first step, it is argued, would be the reconstitution of the public domain as a common space of sharing, collaboration, innovation, and freedom of expression through policies for its protection, expansion and enrichment. Secondly, a commons-oriented legal framework ought to unconditionally recognise and protect the creative practices within commons-based peer production and guarantee the characteristics of societal constitutionalism encountered in intellectual commons communities. Finally, commons-oriented legal institutions ought to introduce sets of extensive rights to access, work upon and transform information, knowledge and culture for non-commercial purposes. The chapter concludes with recommendations for future legal research focusing on particular fields within commons-oriented policymaking reimagining the commons-based elements already present within intellectual property law proposing their reconstruction in a novel and systematic way into an independent commons-oriented body of law.


2011 ◽  
Vol 3 (3) ◽  
pp. 337-353 ◽  
Author(s):  
Kerstin Poehls

More and more museums all over Europe are discovering migration as a topic for exhibitions. These exhibitions on migration question notions of objectivity or of European universalism. This article looks at a broad range of recent exhibitions and museums that address the topic of migration. Taking into consideration their varying scope and institutional context, this text argues that exhibitions on migration tell several stories at once: Firstly, they present stories of migration in a certain city, region or nation, and within a particular period of time. For this purpose, curators make extensive use of maps – with the peculiar effect that these maps blur what seems to be the clear-cut entity of reference of the museum itself or the exhibition. To a stronger degree than other phenomena that turn into museal topics, ’migration’ unveils the constructed character of geographic or political entities such as the nation or the European Union. It shows how, hidden below the norm of settledness, mobilities are and have always been omnipresent in and fundamental for European societies. Secondly and related to this, exhibitions on migration add a new chapter to the meta-narrative of museums: implicitly, they challenge the relevance of the nation - specifically, of both the historical idea that initiated the invention of the public museum (cf. e.g. Bennett 1999) and the political fundament of European integration today. They provoke questions of settledness, citizenship, or contemporary globalisation phenomena that are equally implicitly put on display. The consequent effect is a blurring of the concept of the nationstate. Finally, migration as a museal topic conveys a view on how the institution of the ’museum’ relates to such a fuzzy thing as mobility, thus provoking questions for further research.


2019 ◽  
Vol 30 (1) ◽  
pp. 65-72
Author(s):  
Maria Ilcheva

In 2018 the Bulgarian Government has launched a new legislation on the enterprises of social and solidarity economy as a political sign for the recognition of the role of social economy sector in the country. This was an expected result from the recent trend of development of the social economy in Bulgaria and the growing visibility of the sector and its consolidation with the policies of the European Union. At European policy level social economy and social enterprises are identified as a key instrument for employment and innovations which have a major role in overcoming the poverty and social exclusion. The aim of the law is to regulate the public relations related with the social and solidarity economy, the types of social enterprises and the measures for their support as well as the conditions and the requirements for the activities of social enterprises. As this is the first Bulgarian law on social economy it provides the bases for a public policy which stimulates the development of sector and establishes clear rules for a registry of social enterprises and a methodology for measuring the social added value. Тhe purpose of the current report is to provide an overview of the new policy and legislation in Bulgaria and to analyze the expected effects on the development of the social economy sector.


Author(s):  
Kai Gong ◽  
Zhong Xu ◽  
Zhefeng Cai ◽  
Yuxiu Chen ◽  
Zhanxiang Wang

BACKGROUND During the spread of the novel coronavirus disease (COVID-19), internet hospitals in China were engaged with epidemic prevention and control, offering epidemic-related online services and medical support to the public. OBJECTIVE The aim of this study is to explore the role of internet hospitals during the prevention and control of the COVID-19 outbreak in China. METHODS Online epidemic-related consultations from multicenter internet hospitals in China during the COVID-19 epidemic were collected. The counselees were described and classified into seven type groups. Symptoms were recorded and compared with reported patients with COVID-19. Hypochondriacal suspicion and offline visit motivation were detected within each counselees’ group to evaluate the social panic of the epidemic along with the consequent medical-seeking behaviors. The counselees’ motivation and the doctors’ recommendation for an offline visit were compared. Risk factors affecting the counselees’ tendency of hypochondriacal suspicion and offline visit motivation were explored by logistic regression models. The epidemic prevention and control measures based on internet hospitals were listed, and the corresponding effects were discussed. RESULTS A total of 4913 consultations were enrolled for analysis with the median age of the counselees at 28 years (IQR 22-33 years). There were 104 (2.12%) healthy counselees, 147 (2.99%) hypochondriacal counselees, 34 (0.69%) exposed counselees, 853 (17.36%) mildly suspicious counselees, 42 (0.85%) moderately suspicious counselees, 3550 (72.26%) highly suspicious counselees, and 183 (3.72%) severely suspicious counselees. A total of 94.20% (n=4628) of counselees had epidemic-related symptoms with a distribution similar to those of COVID-19. The hypochondriacal suspicion (n=2167, 44.11%) was common. The counselees’ motivation and the doctors’ recommendation for offline visits were inconsistent (<i>P</i>&lt;.001) with a Cohen kappa score of 0.039, indicating improper medical-seeking behaviors. Adult counselees (odds ratio [OR]=1.816, <i>P</i>&lt;.001) with epidemiological exposure (OR 7.568, <i>P</i>&lt;.001), shortness of breath (OR 1.440, <i>P</i>=.001), diarrhea (OR 1.272, <i>P</i>=.04), and unrelated symptoms (OR 1.509, <i>P</i>&lt;.001) were more likely to have hypochondriacal suspicion. Counselees with severe illnesses (OR 2.303, <i>P</i>&lt;.001), fever (OR 1.660, <i>P</i>&lt;.001), epidemiological exposure history (OR 1.440, <i>P</i>=.01), and hypochondriacal suspicion (OR 4.826, <i>P</i>&lt;.001) were more likely to attempt an offline visit. Reattending counselees (OR 0.545, <i>P</i>=.002) were less motivated to go to the offline clinic. CONCLUSIONS Internet hospitals can serve different types of epidemic counselees, offer essential medical supports to the public during the COVID-19 outbreak, reduce the social panic, promote social distancing, enhance the public’s ability of self-protection, correct improper medical-seeking behaviors, reduce the chance of nosocomial cross-infection, and facilitate epidemiological screening, thus, playing an important role on preventing and controlling COVID-19.


2008 ◽  
Vol 9 (12) ◽  
pp. 2237-2252 ◽  
Author(s):  
Bülent Algan

Article 301 of the Turkish Penal Code (TPC), much debated at both national and international levels, has recently been subject to an amendment aimed at clarifying its meaning and averting more distressing cases related to freedom of expression. It should be noted that the former article 301 was an amended version of article 159 of the former TPC of 1926. As Türkan Sancar rightly states in her comprehensive book on both articles 159 and 301, article 159 is an article which has been revised many times. It was amended seven times after coming into effect in 1926 (in 1936, 1938, 1946, 1961, twice in 2002, and 2003). The new TPC was introduced as a package of penal-law reform prior to the opening of negotiations for Turkish membership of the European Union, and came into effect on 1 June 2005. Article 301 stated the following:1.A person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey, shall be sentenced a penalty of imprisonment for a term of six months to three years.2.A person who publicly denigrates the Government of the Republic of Turkey, the judicial bodies of the State, the military or security organizations, shall be sentenced to a penalty of imprisonment for a term of six months to two years.3.Where denigrating of Turkishness is committed by a Turkish citizen in another country, the penalty to be imposed shall be increased by one third.4.Expressions of thought intended to criticize shall not constitute a crime.


2007 ◽  
Vol 12 (49) ◽  
Author(s):  
H Needham ◽  
Collective Influenza team (ECDC)

Since the emergence of A/H5N1 in the winter of 2005-2006 at the border of the European Union (EU), including human cases in Turkey, the European Centre for Disease Prevention and Control (ECDC) has developed assessments on the public health risks from A/H5N1, and guidance on how to protect those that may be exposed to the virus.


2012 ◽  
Vol 2 (2) ◽  
pp. 125-140
Author(s):  
Darina Zaimova ◽  
Evgeni Genchev ◽  
Hristo Momchilov

Abstract: The consequent enlargement of the European Union in 2004 and 2007 gave the new-member-states an access to programs and financial sources with significant capacity and impact. The present paper aims to analyze the influence of the social policy framework over the public service delivery in Bulgaria. The first part of the paper is devoted to the general categorization of social services’ suppliers and the already established mechanism of their functioning. In the second part the focus on the conceptual framework introduces the main dimensions of the policy, institutional regulations and operational programs. The third part provides empirical results from the efficiency analysis of the social programs implementation and discussion on their impact.


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