LEGAL DISCOURSE STRATEGIES AND TACTICS (BASED ON HARPER LEE'S TO KILL THE MOCKINGBIRD)

2021 ◽  
pp. 176-179
Author(s):  
N. V. Makarova
Keyword(s):  
Legal Discourse ◽  
Discourse Strategies

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

SOME CHARACTERISTICS OF CONTEMPORARY POLITICAL AND LEGAL DISCOURSE OF ETHNIC AND NATIONAL CONFLICTS IN RUSSIA

2020 ◽  
Vol 10 (4) ◽  
pp. 53-64
Author(s):  
ANDREY KURIUKIN ◽  
Keyword(s):  
Modern Science ◽  
Legal Discourse ◽  
Legal Regulation ◽  
Ethnic Relations ◽  
Soviet Society ◽  
The Russian Federation ◽  
The Russian Empire ◽  
New Research ◽  
The 19Th Century ◽  
Developing System

The issue of ethnic relations and the conflicts generated by them is acutely relevant. Many branches and directions of modern science study it. Political science and jurisprudence are in the foreground of the modern study of ethno-national conflictology. Over a long period of research, they have developed several influential approaches that have become widespread. The growing complexity of the surrounding political and legal reality, the escalation of conflict in society, including ethno-national, require the search and application of new research paradigms. One of these is the analysis of political and legal discourse, which consists in studying the ways of how legal meanings, ideas, opinions and preferences, which are carried by legislators, are technically and meaningfully embodied in the texts of normative acts, subsequently forming a specific political and legal reality. Analyzing the domestic ethno-conflictological political and legal discourse, the author concludes that in the era of the Russian Empire, the legalization of ethno-national relations had little attention from legislators, the documents adopted in the 19th century carried widespread ideas of the legislative theory and existed unchanged until 1917. The basic paradigm of the Soviet political and legal regulation of ethno-national relations was the ideological dogmas of the theorists of Marxism-Leninism, within which, in Soviet society, such a phenomenon as an ethno-national conflict was denied, but, in fact, existed. At the present stage, after the acute events of the second half of the 1980s - 1990s, a serious system of political and legal regulation of ethno-national relations was developed. It bore fruit. Today, the domestic political and legal regulation of ethno-national relations has the character of a developing system designed to adequately respond to changes. The article can be used to improve the state social and legal policy of the Russian Federation. Also, the materials presented can provide the interest of students, graduate students, teachers, researchers and other people who are interested in the current social, political and legal development of Russia.

The Racialization of the African-American and Asian-American Citizen: A Comparative Legal Analysis

2019 ◽  
Vol 3 ◽  
pp. 30-41
Author(s):  
Mallory Yung
Keyword(s):  
African American ◽  
Asian Americans ◽  
Asian American ◽  
Model Minority ◽  
Legal Discourse ◽  
Court Cases ◽  
Legal Analysis ◽  
Critical Race ◽  
Social Hierarchies ◽  
American Citizen

The perception of racial tensions in North American settler countries has historically been focused on the Black/White relationship, as has much of the theoretical legal discourse surrounding the concept of “race”. Accordingly, the scope of much critical race scholarship has been restricted such that it rarely acknowledges the racial tensions that persist between different racially-excluded minorities. This paper hopes to expand and integrate the examination of Black and Asian-American racialization that critical race scholars have previously revealed. It will do this by historicizing the respective contours of Black and Asian-American racialization processes through legislation and landmark court cases in a neo-colonial context. The defining features of racialization which have culminated in the ultimate divergence of each group’s racialization will be compared and contrasted. This divergence sees the differential labeling of Asian-Americans as the ‘model minority’ while Blacks continue to be subjugated by modern modalities of exclusionary systems of control. The consequences of this divergence in relation to preserving existing racial and social hierarchies will be discussed in the final sections of this paper.

The Never-ending Story of Law and Electoral System in Lesotho

2018 ◽  
Vol 4 (1) ◽  
Author(s):  
Hoolo Nyane
Keyword(s):  
Political Parties ◽  
Prime Minister ◽  
Legal Discourse ◽  
Electoral System ◽  
Constitutional Democracy ◽  
Electoral Outcomes ◽  
Electoral Laws ◽  
Run Up ◽  
Mixed Electoral System ◽  
2012 Election

While electoral discontent has been the enduring feature of constitutional democracy in Lesotho since independence, disagreement over electoral system is a fairly recent phenomenon. When the country attained independence in 1966 from Britain, electoral system was not necessarily one of the topical issues of pre-independence constitutional negotiations. The major issues were the powers of the monarch, the office of prime minister, the command of the army and many more.  It was taken for granted that the country would use the British-based plurality electoral system.  This is the system which the country used until early 2000s when the electoral laws were reformed to anchor a new mixed electoral system.  When the new electoral laws were ultimately passed in 2001, the country transitioned from a plurality electoral system to a two-ballot mixed member proportional system. By this time, electoral system had acquired prominence in politico-legal discourse in Lesotho.  In the run-up to 2007 elections, bigger political parties orchestrated the manipulation of electoral laws which culminated in clearly distorted electoral outcomes. The manipulations motivated further reforms in the run-up to 2012 election which resulted in the single-ballot mixed member proportional system. The purpose of this paper is to critically evaluate how electoral laws have anchored electoral system reforms throughout the various historical epochs in Lesotho since independence. The paper contends that while the country has been courageous, unlike most of its peers, to introduce far-reaching electoral system changes, the reform of electoral laws has not been so helpful in attaining the higher objectives of political inclusivity, constitutionalism and stability in Lesotho.

Los textos del contacto y el discurso jurídico en los Andes (siglos XVI y XVII)

Allpanchis ◽  
2020 ◽  
Vol 44 (79) ◽  
pp. 91-111
Author(s):  
Carlos Garatea Grau
Keyword(s):  
Language Contact ◽  
Legal Discourse ◽  
Spanish Colonial ◽  
Andean Spanish ◽  
History Of

El propósito de este artículo es mostrar el complejo universo textual producido en el Perú durante el inicial contacto de lenguas y situarlo en la historia del español colonial. A partir de referencias y ejemplos se avanza sobre una compleja realidad, marcadamente heterogénea, que refleja la diversidad inherente al contacto durante los siglos XVI y XVII. Al mismo tiempo, se ofrecen testimonios sobre la importancia del discurso jurídico en el registro del español andino y se concluye enfatizando la notable capacidad verbal de Guamán Poma de Ayala. Abstract The aim of this article is to show the complex textual universe produced in Peru during the language contact and, in particular, in the history of the Spanish colonial. From references and examples when traveling over a complex reality, markedly heterogeneous, that reflects the diversity inherent in the language contact during the sixteenth and seventeenth centuries. At the same time, offer testimonials about the importance of legal discourse in the register of the Andean Spanish and concludes by highlighting the notable verbal capacity of Guaman Poma de Ayala.

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