scholarly journals Communication Strategies of the Parties in Court Proceedings and Their Reflection in Court Translation

2021 ◽  
pp. 68-71
Author(s):  
Galina V. Makovich
Keyword(s):  
Communication Strategies ◽  
Single Model ◽  
Judicial Process ◽  
Communicative Behavior ◽  
Substantial Risk ◽  
Court Proceedings ◽  
Moderation Model ◽  
Trial Participants

The paper considers the types of communication strategies in the judicial process, markers-tactical techniques that implement them. The degree to which the translator reflects the communication strategies of the participants in the trial and the validity of the translator’s use of the moderation model of judicial communication is revealed. It is shown that the translator in the trial does not act as a repeater of the text, but as its interpreter. Because of the complexity of the trial to talk about a single model of communicative behavior of the translator is not, however, overall, the model interpreter-moderator involves substantial risk for proceedings as a whole and for trial participants.

Rethinking crisis dynamics from the perspective of online publics: A case study of Dolce & Gabbana’s China crisis

2021 ◽  
pp. 2046147X2110268
Author(s):  
Zhuo Ban ◽  
Alessandro Lovari
Keyword(s):  
Public Relations ◽  
Public Sphere ◽  
Crisis Communication ◽  
Chinese Culture ◽  
Communication Strategies ◽  
Interactive Process ◽  
Communicative Behavior ◽  
Media Channels ◽  
Chinese Public

On November 18, 2018, the Italian fashion house Dolce & Gabbana (D&G) released a controversial video on all their social media channels. The video triggered an instant outcry from the general Chinese public, who called the video a racist caricature of Chinese culture. D&G responded to the crisis with several image repair strategies. This study examines D&G’s crisis communication efforts in the wake of this incident. Departing from corporate-oriented perspectives prevalent in the field of public relations, this study employs a dynamic, public-oriented view of crisis communication, which focuses on the dynamic, interactive process of crisis development from the standpoint of the publics. By analyzing communicative behavior on Twitter (an increasingly influential alternative public sphere in China) and in particular, comments and responses toward the crisis communication strategies employed by D&G, we have identified four prominent themes, or ways that publics framed their key messages against the corporation: “Apology not enough”; “Apology done badly”; “Call to unite against D&G”; and “Sarcasm, mockery, and abuse.” And they can be interpreted as a number of crisis communication strategies of the global, online publics. Based on our analysis of the D&G case, we discuss the theoretical implications of a dynamic, public-oriented perspective (DPOP) on crisis communication, highlighting its key areas of difference from the corporate-oriented perspective (COP).

THE HUMAN RIGHTS FUNCTION OF THE JUDICIARY IN ADMINISTRATIVE PROCEEDINGS: INSTITUTIONAL AND FUNCTIONAL ASPECTS

2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN
Keyword(s):  
Human Rights ◽  
Judicial System ◽  
System Control ◽  
Judicial Process ◽  
Public Authorities ◽  
Legitimate Interests ◽  
Constitutional Right ◽  
Court Proceedings ◽  
Administrative Proceedings ◽  
Judicial Protection

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.

scholarly journals IMPLEMENTATION OF COMMUNICATIVE PROTECTION STRATEGY IN UKRAINIAN POLITICAL TALK-SHOWS

2020 ◽  
Vol 25 (2(22)) ◽  
pp. 29-35
Author(s):  
Lyubov Zavalska
Keyword(s):  
Communication Strategies ◽  
Political Conflict ◽  
Talk Shows ◽  
Defensive Strategy ◽  
Communicative Behavior ◽  
Protection Strategy ◽  
Defense Strategy ◽  
Political Talk ◽  
Speech Interaction ◽  
Communicative Strategy

The article examines the manifestation of the communicative strategy of protection, which is used as a reaction of the addressee in the case of the interlocutor's choice of conflicting strategies of speech interaction in political talk-shows. An overview of approaches to defining and distinguishing communication strategies is presented and a detailed analysis of defense strategy in interactive political discourse is presented. It is argued that the defensive strategy is related to the communicative behavior of the addressee of a political conflict, who has a weaker position, less convincing to theaudience, but defends his beliefs by opposing the position of the speaker. Under such conditions, the addressee reacts to the aggressive speech behavior of the speaker, but does not agree with him, does not seek to understand, but on the contrary - inflates the conflict and acts as a political opponent. The defense strategy was found to be represented by communicative tactics of justification, evasion of response and counteractionto provocation.

scholarly journals BANTUAN HUKUM DAN PENYANTUNAN TERPIDANA PERSPEKTIF SISTEM PERADILAN PIDANA INDONESIA

2016 ◽  
Vol 5 (2) ◽  
pp. 252
Author(s):  
Eny Heri Manik
Keyword(s):  
Criminal Justice ◽  
Criminal Code ◽  
Legal Counsel ◽  
Legal Aid ◽  
Judicial Process ◽  
Fair Process ◽  
The Status ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Court Proceedings

Every person legal problems with the status as a suspect, accused and convicted person is obliged to secure the protection and legal aid. Legal aid is a right for everyone, especially for those who are punished more than five years is mandatory for legal counsel. Various guarantee protection for legal support in any judicial process is not regulated in the criminal code, Act No. 18 of 2003 regarding advocates, law No. 16 of 2011 on legal aid and law No. 12 of 1996 on corretional services. Began to suspect the examination process stages can have legal counsel or advocate o the court proceedings even to convict the accused. Legal assistance in the Indonesia judiccial process has been set broadly, in the sense that all stages of the judicial process of seeking justice is guaranteed by law without exception, the prisoners declared in the form of sponsorhip such as the availability of legal remedies extensivelly and every level of the judicial process, means remission, leave nearing relase, conditional release, resocialization, assimilation and others. Indonesia criminal justice process is carried out in an integrated manner by law enforcment in the context of a fair process in order to realize the prupose of law is fair, useful and achieving legal certainty for all seekers of justice based on the “system” that has adopted the “Integrated criminal justice system”. Setiap orang tersangkut masalah hukum dengan status sebagai tersangka, terdakwa dan terpidana adalah wajib mendapat perlindungan dan bantuan hukum. Bantuan hukum merupakan hak bagi setiap orang, apalagi bagi mereka yang diancam pidana lebih dari lima tahun adalah wajib untuk didampingi penasehat hukum. Berbagai ketentuan jaminan perlindungan akan bantuan hukum dalam setiap proses peradilan telah diatur dalam KUHAP, UU NO. 18 Tahun 2003 tentang Advokat, UU No. 16 Tahun 2011 tentang Bantuan Hukum serta    UU No.12 Tahun 1995 tentang Pemasyarakatan. Mulai tahapan proses pemeriksaan tersangka oleh pihak penyidik (kepolisian) seseorang tersangka telah dapat didampingi kuasa hukum atau advokat, hingga ke proses persidangan bahkan sampai terdakwa menjadi narapidana. Bantuan hukum dalam proses peradilan Indonesia telah diatur secara luas dalam arti semua tahapan proses peradilan para pencari keadilan dijamin oleh Undang-Undang tanpa kecuali, bagi terpidana dicanangkan berupa penyantunan seperti tersedianya upaya hukum secara luas dan disetiap jenjang proses peradilan, sarana remisi, cuti menjelang bebas, pelepasan bersyarat, resosialisasi, asimilasi dan lain-lain. Peradilan pidana Indonesia dalam prosesnya dilakukan secara terpadu oleh penegak hukum dalam rangka proses yang adil guna terwujudnya tujuan hukum yang berkeadilan, bermanfaat dan terciptanya kepastian hukum bagi semua pencari keadilan berdasarkan “sistem” yang telah dianut yakni “sistem peradilan pidana terpadu”

Killing Times

2019 ◽  
Author(s):  
David Wills
Keyword(s):  
Death Penalty ◽  
Late Nineteenth Century ◽  
Bill Of Rights ◽  
Suicide Bombing ◽  
Judicial Process ◽  
Time Space ◽  
Firing Squad ◽  
Eighth Amendment ◽  
Court Proceedings ◽  
And Control

Killing Times starts from the deceptively simple observation— made by Jacques Derrida—that the death penalty mechanically interrupts mortal time, preempting our normal experience of not knowing when we will die. The book examines more broadly what constitutes mortal temporality and how the “machinery of death” exploits and perverts time. It first examines Eighth Amendment challenges to the death penalty in the U.S, from the late nineteenth-century introduction of execution by firing squad and the electric chair to current cases involving lethal injection. Although defining the instant of death emerges as an insoluble problem, all the machines of execution of the post-Enlightenment period presume to appropriate and control that instant, ostensibly in service of a humane death penalty. That comes into particular focus with the guillotine, introduced in France in 1791–92, at the same moment as the American Bill of Rights. Later chapters analyze how the instant of the death penalty works in conjunction with forms of suspension, or extension of time and how its seeming correlation between egregious crime and painless execution is complicated in various ways. The book’s emphasis on time then allows it to expand the sense of the death penalty into suicide bombing, where the terrorist seeks to bypass judicial process with a simultaneous crime and “punishment”; into targeted killing by drone, where the time-space coordinates of “justice” are compressed and disappear into the black hole of secrecy; and into narrative and fictive spaces of crime, court proceedings, and punishment.

scholarly journals THE IMPORTANCE OF RITUALS IN COURT PROCEEDINGS

2021 ◽  
pp. 16-21
Author(s):  
R. S. Prytchenko
Keyword(s):  
Middle Ages ◽  
Free Access ◽  
Access To Justice ◽  
Judicial Process ◽  
Sacred Values ◽  
Legal Perspective ◽  
Court Proceedings ◽  
Legal Forms ◽  
Perceptions And Expectations ◽  
Judicial Protection

The article focuses on defining the concept and historical roots of ritual. The ritual component of justice is analysed. The characteristics and role of rituals in modern justice are identified. The contemporary judiciary is becoming more and more isolated, its structure more complex and branched out, each of which serves as a safeguard against the errors of the previous one. However, above the last instance, there is still something that guarantees justice and inspires confidence in the human court. This is reminded by the judicial rituals that continue to accompany the judicial process. Court rituals are not only an accepted way of doing things; they also convey information that contains the answers to many of the questions that people subconsciously ask themselves when they come into contact with the courts in particular situations. The deeper one understands the origins and traditions of the judiciary, the greater is the trust in the court, which is so necessary in the modern conditions of the development of our society, when the very idea of justice and guarantees of judicial protection is proclaimed as one of the main legal values. Today, some part, perhaps a significant one, of this functional purpose of rituals has been irrevocably lost and one can speak of the end of the era of a society of sacred traditions. Rather, we can talk about the transformation of a number of ritual forms into legal forms by reducing their religious significance, and about the transfer of sacral significance to the values of modern secular civilisation – the independence of judges, free access to justice, etc. Today’s judicial rituals are as necessary for participants in the process as they were a thousand years ago, despite the fact that not many people think of them as such, perceiving them precisely from a legal perspective. The traditions of court rituals should not only be observed as a tribute to the past, but their performance should be conscious and filled with meaning in keeping with today’s demands, for trust in a court that looks and acts beyond the perceptions and expectations of observers is hardly possible. The court, both in the Middle Ages and today, differs from various pseudo-judicial organizations (such as the emergency courts, which are based on arbitrariness) precisely in judicial rituals – the attributes of a real judicial process. Just as rituals were important in times when the court was trusted by virtue of their observance, so today the court needs rituals when the very idea of justice and guarantees of judicial protection is proclaimed to be one of the most important legal values. The court today more than ever must conform to modern ideals which are hardly more sacred values than the divine justice in the medieval court.

scholarly journals The Principle of Foreseeability of Judicial Decisions as a Component of the Right to a Fair Trial

2012 ◽  
Vol 12 (1) ◽  
pp. 69-79
Author(s):  
Jana Křiváčková
Keyword(s):  
Slovak Republic ◽  
Legal Regulation ◽  
General Term ◽  
Fair Trial ◽  
Judicial Process ◽  
Judicial Decisions ◽  
Civil Court ◽  
Procedural Law ◽  
Court Proceedings ◽  
The Right

Abstract The article focuses on the principle of foreseeability of judicial decisions in civil court proceedings, as one of the components of the right to a fair trial in the Czech Republic. The principle of foreseeability of judicial decisions has to be understood as a general term including several requirements on judicial process in civil court proceedings the purpose of which is to avoid surprising decisions which can be seen as one of possible forms of violation of the right to a fair trial. Predictable decision is a decision that follows from a predictable procedure of the court in which the court proceeds strictly according to procedure code using all of the special institutions such as the duty to instruct the participants concerning their procedural rights and duties. The second requirement is to respect the legitimate expectations of the parties regarding the application of law on their case. Participants have the right to expect that their case will be decided accordingly to a legal opinion expressed in a case already decided before the courts. This aspect of the foreseeability of judicial decisions then puts high demands on the ability of courts to deal with situations in which they decide a case differently from the existing case law and thus the decision may be surprising for the participants. This article concentrates on the legal regulation of the principle of foreseeability of judicial decisions on the level of constitutional and civil procedural law. The article also deals with the legal regulation in this area in the Slovak Republic and Germany. The purpose of the article is to compare the legislation on national and international level as well as to compare Czech, German and Slovak legal regulation of the principle of foreseeability of judicial decisions.

scholarly journals COMMUNICATION STRATEGIES AND TACTICS IN THE PSALMS OF KING DAVID

2020 ◽  
Vol 23 (4) ◽  
pp. 105-112
Author(s):  
Svetlana N. Vorobiova ◽  
Keyword(s):  
Discourse Analysis ◽  
Communication Strategies ◽  
Poetic Form ◽  
Religious Denomination ◽  
Judicial Process ◽  
Rhetorical Question ◽  
King David ◽  
Analytical Work ◽  
Injured Party

In this article, the Psalter of King David, a famous religious and cultural monument, which is considered by us not so much as a collection of prayers presented in an artistic and poetic form, as legal texts depicting a formal trial carried out in the presence of a Judge God, a righteous defender, an accuser, in the role of the psalmist himself, and the accused (sinners violating God's Law To realize the main communicative goal – to attract the Judge's attention, to make him listen and perceive what is said, to motivate Him to carry out the desired action – the author uses communication strategies and tactics used in the judicial process. These include strategies of emotional influence, defence and prosecution, tactics of simulated dialogue, marking, drawing attention to the injured party, raising a rhetorical question, etc. The author's attention is also directed to the analysis of language means, which contribute to verbal expression and form an important part of the linguistic arsenal, as well as on the main ways of their implementation. The material presented in the psalms gives us the opportunity to show the language techniques used to protect and accuse opponents in the pragmasemantic aspect, that is, the established meaning and implementation of language means is carried out in a direct situational context. The analysis was conducted as part of a discourse analysis using a comparative study method, which showed that these rhetorical means have a convincing effect, and the information transmitted through them receives a high truth status. To carry out analytical work, in addition to discourse analysis, theological, sociocultural approaches were also used, allowing us to consider psalms in the context of a certain religious denomination, Orthodox.

Language rights and interpreting services in Spanish prisons

Babel ◽  
2017 ◽  
Vol 63 (6) ◽  
pp. 813-834
Author(s):  
Aída Martínez-Gómez
Keyword(s):  
Criminal Justice ◽  
Foreign Language ◽  
Language Policy ◽  
Communication Strategies ◽  
Language Rights ◽  
Foreign Nationals ◽  
Criminal Justice Systems ◽  
The World ◽  
Court Proceedings

Abstract Criminal justice systems throughout the world are becoming increasingly aware of the challenges posed by language barriers. However, that awareness is still limited to the realm of court proceedings, whereas legislation aiming to protect language rights of foreign prisoners is scarce and vague. In the particular case of Spain, only a few provisions in the Prison Rules envisage the notion of language assistance, making it explicit that such support is to be provided by other prisoners or staff. This paper aims to analyze the implications of an underdeveloped language policy in the realm of Spanish penitentiary institutions, focusing on how the specific measures stemming from that policy affect the rights of imprisoned foreign nationals. Against the backdrop of the limited legislative coverage of language issues, communication strategies seem to be based on the linguistic assimilation of foreign language-speaking inmates, either to communicate directly with staff or to serve as interpreters for newly arrived fellow inmates. Causes and consequences of these strategies are discussed in this paper, including an analysis of the quality of the interpretations that nonprofessional prisoner-interpreters are able to provide.

IMPLEMENTATION AND WORK OF JURY IN THE JUDICIAL SYSTEM OF UKRAINE, PROBLEMS AND PROSPECTS

2017 ◽  
Author(s):  
Olena Gulac ◽  
◽  
Viktor Ladychenko ◽  
Liudmyla Golovko ◽  
◽  
...  
Keyword(s):  
Professional Training ◽  
Scientific Paper ◽  
Judicial System ◽  
Jury Trial ◽  
Judicial Process ◽  
Legal Doctrine ◽  
Advantages And Disadvantages ◽  
The People ◽  
Foreign Countries ◽  
Court Proceedings

The scientific paper is devoted to the study of the legal doctrine and regulatory framework for the formation and functioning of the institution of jury in the judicial system of Ukraine. The article analyzes the features of the introduction of the jury trial in the legislation of Ukraine, the experience of the functioning of this institution of legal proceedings in foreign countries in accordance with its main models in the world legal practice. The introduction of the jury is seen as one of the most democratic steps in reforming the judicial system, the advantages of which lie in the use of collegiality, reduced risk of miscarriages of justice, greater independence, nationality, publicity, and increased adversariality in the judicial process. The advantages and disadvantages of introducing a jury trial are formulated. Proposals for improving the legislation of Ukraine are presented. Particular attention is paid to the state of legislative support for the jury, guarantees and obstacles to its functioning in the legal realities of Ukraine. It has been established that in order to optimize the institution of the jury, it is necessary to change the legislation in terms of ensuring guarantees of the jury's activities, to increase the range of court proceedings that can be considered by the jury, to involve specialists in professional training of the jury, and the like. It has been proven that thanks to the participation of representatives of the people in the administration of justice, judicial proceedings become more transparent and open.

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