scholarly journals Perception of law through the prism of legal and linguistic theory

2021 ◽  
Vol 1 (1) ◽  
pp. 48-53
Author(s):  
Olha Minchenko
Keyword(s):  
Law Enforcement ◽  
Cultural Context ◽  
Linguistic Theory ◽  
Speech Communication ◽  
Single Object ◽  
Linguistic Features ◽  
Social Phenomena ◽  
Adequate Response ◽  
The Social ◽  
The Subject

The relevance of the article is stipulated by the necessity to involve in jurisprudence the results of research obtained by intersectoral science – legal linguistics, the provisions of which are an important methodological basis for knowledge of law in postmodern society. The aim of the paper is to elucidate the importance of understanding law in modern conditions by means of legal and linguistic theory. It is noted that in the conditions of postmodern society objects and phenomena are perceived through different discourses, actualizing the issue of hermeneutics. Including in the field of epistemology of legal phenomena and processes. The papers of domestic scholars, the object of which is the issue of legal linguistics and which are divided into two groups are analyzed: papers of specialists in the field of linguistics (in these papers the attention of scholars focuses on linguistic features of legal texts - stylistics, morphology, etc.) and legal publications on certain aspects of legal linguistics. It is substantiated that within the framework of domestic jurisprudence the subject of legal and linguistic theory as a component of jurisprudence and, accordingly, the perception of law by means of the provisions of legal linguistics is poorly studied. Emphasis is placed on the fact that legal and linguistic theory, as a component of jurisprudence, provides an understanding of law, legal phenomena and processes by means of the social and cultural context in general and language, in particular, which connects it with theories of law understanding and law enforcement. It is the paradigmatic nature of legal and linguistic theory that allows us to perceive legal phenomena in a new way. It is emphasized that the legal and linguistic theory of jurisprudence does not consider law separately, language separately, and does not emphasize one of these objects; within it there is a single object - law and language. It is summarized that in the conditions of postmodern society there is a rethinking of social phenomena, including law. Hermeneutic interpretation becomes crucial epistemological tool of the humanities. In the awareness that legal phenomena and processes are not limited to the text of the legal act, and law is interpreted as an act of speech communication, it is legal linguistics that could become an adequate response to modern challenges.

Ontology

2021 ◽  
pp. 194-199
Author(s):  
Eric Fabri
Keyword(s):  
Social Sciences ◽  
Scientific Realism ◽  
Social Groups ◽  
Social Ontology ◽  
Human Mind ◽  
Social Phenomena ◽  
The Social ◽  
The Subject ◽  
Modes Of Existence ◽  
Objective Existence

This chapter addresses ontology, which is the branch of philosophy concerned with the nature of being. As a branch of metaphysics, ontology is mainly concerned with the modes of existence of different entities (tangible and intangible). Every subdiscipline in the social sciences relies on an ontology that defines which elements really matter when it comes to explaining the phenomenon they set out to elucidate. A specific branch of ontology is devoted to the modes of existence of social phenomena: social ontology. Two main positions emerge: realism and constructivism. Scientific realism assumes that social phenomena have an objective existence, independent of the subject. By contrast, constructivism claims that social phenomena have no objective existence and are a construction of the human mind. Its fundamental axiom is that, even if reality exists outside the subject’s perception, the subject cannot reach it without perceiving it. This implies the mediation of imaginary structures, which are provided by social groups. It is important to note, however, that many other positions exist apart from realism and constructivism.

OBLIGATION TO DENOUNCE IN THE CONTEXT OF MEDICAL CONFIDENTIALITY

2020 ◽  
Vol 136 (4) ◽  
pp. 167-175
Author(s):  
EDYTA MUCHA
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Penal Code ◽  
Legal Obligation ◽  
Legal Representative ◽  
Medical Worker ◽  
Professional Activities ◽  
The Social ◽  
Social Obligation ◽  
The Subject

The subject of the article is the issue of the obligation to notify about a crime in relation to medical confi dentiality. Medical workers may obtain information indicating the commission of a criminal act while performing medical services. An important issue is whether, in such a situation, they can or should notify law enforcement authorities. In order to resolve these issues, the legislator defi nes the legal and social obligation to denounce. The legal obligation of a medical worker to notify about a crime relates to the offences specifi ed in Art. 240 (1) of the Act of June 6, 1997 — Penal Code. Among the enumerated types of generic acts covered by denunciation, particularly important due to the issues raised, are the crime of murder (Article 148 of the Penal Code) and deprivation of liberty (Article 189 of the Penal Code). A medical worker having obtained reliable information about the commission of a criminal act is obliged to notify law enforcement authorities. It is irrelevant whether they learned about it while carrying out professional activities or without a connection with their performance. The criminal sanction for failure to comply with the obligation under Article 240 (1) of the Criminal Code is a prison sentence of up to 3 years. However, the social obligation to denounce is introduced by Art. 304 (1) of the Act of June 6, 1997 — Code of Criminal Procedure. Failure to fulfi l obligations of this nature does not result in any criminal consequences. The social obligation to denounce does not include offences prosecuted on private accusation or on request of the victim. It is worth noting that this obligation does not repeal any of the laws regulating medical secrets. In this case, a medical worker who has learned of a crime in connection with the exercise of their profession has no obligation to denounce. It should be emphasised that a medical worker may fulfi l the obligation to denounce only if the patient or their legal representative has consented to it, or if there are premises for presuming the consent.

scholarly journals Ludic and Cultural Space for Beginner English Learners: Studying the Hippie Movement Songs and Lyrics

PAPELES ◽  
2017 ◽  
Vol 9 (18) ◽  
pp. 11-20
Author(s):  
Rigoberto Castillo ◽  
María Camila Garay Agudelo ◽  
Paula Segura Soto
Keyword(s):  
Qualitative Study ◽  
Language Development ◽  
Foreign Language ◽  
English Learners ◽  
Cultural Context ◽  
Research Study ◽  
Relevant Literature ◽  
The Social ◽  
Oral Expression ◽  
The Subject

This article reports a qualitative action research study on the contribution of using songs and lyrics to integrate cultural understanding and language development in an English as a foreign language (EFL) class at a middle school. We observed that our learners had difficulty to understand and express themselves in English. The social and cultural context of the late 1960’s Hippie movement was the subject of the study through songs and lyrics. We offer our readers the most relevant literature and a synthesis of research reports on the subject to invite them to deepen in this topic. The findings of this qualitative study suggest that culture contextualized language and enhanced comprehension facilitates oral expression in EFL.

scholarly journals Legal and linguistic theory as a component of general and theoretical legal science: propedeutic aspect

2021 ◽  
pp. 22-26
Author(s):  
O.V. Minchenko
Keyword(s):  
Social Relations ◽  
Cognitive Activity ◽  
Linguistic Theory ◽  
Linguistic Features ◽  
Linguistic Turn ◽  
Interdisciplinary Field ◽  
Legal Science ◽  
The Social ◽  
Adequate Understanding ◽  
Terminology System

The article is devoted to the topic of application of provisions and conclusions of legal linguistics in the field of law. The purpose of the study is to focus the attention of legal scholars on the necessity to consider legal and linguistic theory as a component of general and theoretical legal science. It is drawn attention that in the research of domestic scholars the connection between law and language is mainly highlighted by focusing on one of the aspects: either the legal basis of language functioning, or the linguistic features of law terminology system. It is emphasized that legal and linguistic theory (as well as legal linguistics) provides not two subjects of knowledge with an emphasis on one of them, but it is a dual subject - language and law; symbolic nature of law. The factors that influenced the genesis and development of legal and linguistic theory as a component of modern jurisprudence are presented and analyzed. First, it is globalization and integration processes, providing for the necessity to harmonize regulations, the correct translation of legitimate rules of conduct into the appropriate language, etc. Secondly, it is the borrowing of forreign concepts into the national legal system, which also stipulates an adequate understanding of their content, and phenomena denoted by the term. Partly in this context, the interdisciplinarity of modern knowledge is noted (processes of integration and differentiation of knowledge, is a factor in the interdisciplinary borrowing of concepts and categories). Secondly, it is a “linguistic turn” that marked the rejection of the prevalence of the metaphysics of consciousness and the intention of thinkers on the linguistic quintessence of cogito. Language began to be perceived as the basis of cognitive activity, thinking; the attention of scientists has shifted to the epistemology of senses and meanings. It is concluded that in response to the challenges of society, since the second half of the twentieth century, a new field of interdisciplinary research - legal linguistics - has been conceptualized. This interdisciplinary field is crucial in the field of law, based on the social and cultural essence of this regulator of social relations. Language, as well as law, being an element of the culture of the society, influence the perception of social values, their formation. In the context of globalization, a significant part of legal phenomena and processes can be known precisely by means of the use of epistemological tools of legal linguistics.

scholarly journals On the relevant questions of usage of information technologies for preventive purposes in oversight activity of the executive branch of government

2020 ◽  
pp. 27-37
Author(s):  
Ekaterina Nikolaevna Smirnova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Information Technologies ◽  
Digital Technologies ◽  
Executive Branch ◽  
Legal Norms ◽  
The Social ◽  
The Subject ◽  
Close Integration

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of “digital control” preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the “problematic” aspects of the phenomenon under consideration.

scholarly journals The methodology and subject matter in sociology of the founding fathers of Ibn Khaldoun and Auguste Comte: A comparative study

2020 ◽  
Vol 5 (4) ◽  
Author(s):  
Lara Ahmad Al Hadeed
Keyword(s):  
Subject Matter ◽  
Social Dynamics ◽  
Social Phenomena ◽  
Positive Approach ◽  
Founding Fathers ◽  
The Social ◽  
Study Results ◽  
Auguste Comte ◽  
The Subject ◽  
Historical Comparative

AbstractThis study provides a discussion about the contributions and efforts made by Ibn Khaldoun and Auguste Comte to develop sociology in terms of subject matter and methodology. Since they are the founding fathers of this science, this paper shows their interpretation of the social phenomena. The study is also exposed to the reasons that led Ibn Khaldoun and Auguste Comte to study sociology. Accordingly, the research peculiarity required using historical, comparative, and critical approaches.The central problem of this study is how Ibn Khaldoun and Auguste Comte deal with the development of sociology and its independence from other sciences. The study results showed the accordance of both Ibn Khaldoun and Auguste Comte in terms of the methodology of sociology as being a positive approach consisting of observation and induction. Ibn Khaldoun's distinction, due to his five-century precedence, is vivid though. The results of the study also showed that Ibn Khaldoun and Auguste Comte differed greatly in terms of the divisions of sociology (subject matter of sociology): where Ibn Khaldoun divided the subject of sociology into multiple sections, each section includes a set of homogeneous social phenomena in peculiarity. Ibn Khaldoun studied the phenomenon by mingling the static aspect and dynamic one together, analyzing its parts, elements, and functions and at the same time studying its development and the laws to which it is subject to development. However, Auguste Comte has divided the social phenomenon into two main parts: Social dynamics and social statics.

Conclusions Mapping a Research Agenda

2010 ◽  
Author(s):  
David Botterill ◽  
Trevor Jones
Keyword(s):  
Research Agenda ◽  
Research Collaboration ◽  
Research Literature ◽  
Scholarly Work ◽  
Deviant Behaviour ◽  
Social Phenomena ◽  
The Social ◽  
Tourism Studies ◽  
The Subject

We began this book with a review of the development of two hitherto relatively separate domains of study that we feel have much to learn from each other. To date, scholarly work on the social phenomena of crime and tourism have largely eschewed cross-disciplinary engagement. The chapters that followed have attempted to bring together the scant research literature that does exist on the subjects of crime and tourism, whilst examining different forms of victimisation against tourists, various types of offending or deviant behaviour by tourists, and responses to crimes by/against tourists by the authorities. Given the paucity of available literature, it is inevitable that these chapters have relied primarily on writing from the distinct perspectives of criminology or tourism studies respectively, depending on the subject expertise of the author. However, many contributing authors have bravely accepted our challenge to attempt to step into each others’ world and open up the crime and tourism nexus. To all our contributors we owe a considerable debt of gratitude for beginning what we hope will be an ongoing and productive dialogue between these subject domains. It is our intention in this final chapter to outline briefly the markers of a research agenda for new scholarship in the two subjects and for potential areas of research collaboration.

scholarly journals THE APPLICATION OF LAW, GOING TO THE LAW ENFORCEMENT (AN ANALIZYNG OF THE RIIL SCIENTIFIC)

2018 ◽  
Vol 5 (2) ◽  
pp. 134
Author(s):  
Faisol Azhari
Keyword(s):  
Law Enforcement ◽  
Social Policy ◽  
Social Welfare ◽  
Social Phenomena ◽  
Legal Norms ◽  
Application Of Law ◽  
The Social ◽  
The Law

Law or law order are not made to be observed and to be logical rational study only but to be done. Of course the application of law in society gets concretization proccess where the regulation of general and abstract normative law given for special, concrete and casuistic problems. It is not enough to implement limitted law on legal norms only normatively in societ, we have to observe more on social phenomena to implement the law flexibly. The implementation of law which is able to creat efective communication between the members of society, and not release from the final objective or the main goal of the legal politic namely to reach social welfare and protection as the integral part of the social policy, that is the implementation of law into the law enforcement.

scholarly journals On the need to reform the Institution of undesirability of stay (residence) of foreign citizens in Russia in the conditions of digitalization

2021 ◽  
pp. 23-33
Author(s):  
Yuliya Viktorovna Paukova
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Automated System ◽  
The Social ◽  
Migration Control ◽  
The Subject ◽  
The Government ◽  
The Individual ◽  
Advanced Computer ◽  
Stateless Person

The subject of this research is the legislative provisions on undesirability stay (residence) of foreign citizens and stateless persons in Russia, as well as the established law enforcement practice. The object this research is the social relations developed in the process of rendering decisions by the federal executive authorities on undesirability of stay (residence) and their enforcement. The goal of this work consists in formulation of recommendations on reforming the institution of undesirability of stay (residence) of foreign citizens and stateless persons in Russia in the conditions of digitalization of the government actions. The article examines the grounds for making decisions on undesirability of stay (residence) of foreign citizens in Russia, the powers of the departments, and the consequences of decisions made on foreign citizens and stateless persons. Substantiation is made on the need for changes in the grounds for decision-making on undesirability of stay (residence) of foreign citizens in Russia. The author proposes the development and implementation of the “Automated System of Migration Control” using the advanced computer technologies based on the “rating” of a foreign citizen or stateless person. Such system will determine the period for restricting entry with consideration of all circumstances pertaining to the individual and crimes they committed. It is recommended to legislate the possibility of annulment of a decision on undesirability of stay (if the grounds thereof no longer exist) or suspension (if, for example, a stateless person has been issued a “temporary identification document of a stateless person”).

scholarly journals Interpretasi Hermeneutika: Meneropong Diskursus Seni Memahami Melalui Lensa Filsafat Modern dan Postmodern

2019 ◽  
Vol 2 (02) ◽  
pp. 51-79
Author(s):  
Antono Wahyudi
Keyword(s):  
Social Sciences ◽  
Social Conflict ◽  
The Other ◽  
Philosophical Hermeneutics ◽  
Social Phenomena ◽  
Other Hand ◽  
The Social ◽  
Subject And Object ◽  
The Subject

The verb "to  understand" is not only frequently misinterpreted but also epistemically does not even have the attention from society. In addition, the gap between the object that is understood and the understanding subject is getting wider. The term “understand” is identical with hermeneutics and it becomes an interesting discourse among the philosophers in which it is made to minimize the gap of misunderstanding between subject and object. Modern philosophers such as F.D.E. Schleiermacher, who succeeded in releasing hermeneutical discipline from the theological context into the philosophical context, focused on the aspect of textuality to achieve the objectivity. W.C.L. Dilthey, also a modern philosopher, succeeded in developing the hermeneutics from his predecessors by emphasizing reproductivity in attempt to have re- experience not only from the outer dimensions but also the inner dimensions of an object. While the modern philosophers emphasized the attainment of the objectivity, on the other hand, the postmodern philosophers such as Gadamer and Heidegger critically shifted their attainment to the  realm  of  the  subjectivity.  Furthermore,  if  Heidegger  departs  from  phenomenology- ontological   perspective   which   centered   on   humans   as   the  subject,   Gadamer  with   his philosophical hermeneutics succeeds in restoring the concept of abstraction to the social sciences along with expanding the range of paradigm. These four philosophers have successfully made a significant  impact  in  responding  to  the  social  phenomena  that  are  often  disturbing  the civilization. Thus, hermeneutic interpretation becomes important to be used in order to minimize the occurrence of social conflict as well as to maximize the realization of universal humanism.

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