scholarly journals “In Other Words, …”: A Corpus-based Study of Reformulation in Judicial Discourse

2017 ◽  
Vol 24 (46) ◽  
pp. 11
Author(s):  
Davide Mazzi
Keyword(s):  
Quantitative Analysis ◽  
Supreme Court ◽  
Language Variation ◽  
Legal Discourse ◽  
Argumentative Discourse ◽  
Legal Professionals ◽  
Comparable Corpora ◽  
Court Of Justice ◽  
Judicial Discourse

The language of the law has been a favourite subject of investigation for both legal professionals and linguists for more than a decade now. Linguists, for instance, have paid increasing attention to the interplay of precise and flexible terms in legal drafting, and language variation across the genres of legal discourse. Among the latter, judgments have been discussed as a case in point by argumentation scholars, although the linguistic components of judicial argumentative discourse have often been overlooked. In the light of this, the aim of this paper is to carry out a corpus-based analysis of the open-ended category of reformulation markers as outstanding discursive items of judicial discourse in two comparable corpora of authentic judgments issued by two different courts of last resort, namely the Court of Justice of the European Communities and Ireland’s Supreme Court. By combining a qualitative with a quantitative analysis, the study shows that reformulation markers tend to activate a variety of discursive configurations across the two courts. Hence, data reveal that reformulation strengthens the quality of both judicial narrative, as it were – as is clear from its deployment in clarifying the normative background and specifying the factual framework of disputes – and at once judicial argument, when judges characterise, refine or grade reported arguments/interpretations or they wish to make their reasoning more solid and convincing.

The Court, the Ministry and the Law: Awad and the Withdrawal of East Jerusalem Residence Rights

1999 ◽  
Vol 33 (1) ◽  
pp. 67-105
Author(s):  
David Herling
Keyword(s):  
Supreme Court ◽  
Great Difficulty ◽  
High Court ◽  
Permanent Residence ◽  
Court Of Justice ◽  
The Law ◽  
Israeli Supreme Court ◽  
East Jerusalem

In 1988, at the beginning of the Palestinian Intifada, a deportation case came before the Israeli Supreme Court (sitting as a High Court of Justice). The facts of the case presented no great difficulty, but the Court took the opportunity to declare the law governing the previously uncertain residence status of East Jerusalem Palestinians. The judgment of the Court was given by Barak J. In a remarkable passage, the learned judge not only examined the legislatively defined conditions for the loss of permanent residence, but went on to discuss the subsistence and expiry of this status in more fundamental terms, focusing on the “reality” of the licence-holder's presence in Israel. The case thus introduced a second, judge-made test for the loss of permanent residence, which appears to exist in uneasy parallel with the test provided by the legislature. This essay questions the propriety and the quality of Barak J.'s innovation, and examines some of its consequences.

Keseimbangan Monodualistik antara Kepentingan Masyarakat dan Individu dalam Pembaharuan Hukum Pidana Indonesia

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1685
Author(s):  
Bambang Ali Kusumo
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Expected Value ◽  
Law Reform ◽  
The Public ◽  
Court Of Justice ◽  
Penal Reform ◽  
The Supreme Court

AbstrakPembaharuan hukum pidana di Indonesia yang tertuang dalam konsep KUHP 2012 lebih mengedepankan nilai-nilai keseimbangan, khususnya keseimbangan monodialistik antara kepentingan masyarakat dan kepentingan individu. Nilai keseimbangan ini merupakan perwujudan nilai-nilai dari Pancasila dan UUD 1954. Adanya Nilai keseimbangan ini diharapkan dalam penegakan hukum pidana khususnya ditingkat pemeriksaan di pengadilan terwujud keadilan. Dalam pembaharuan hukum pidana ini sentral penegakan hukum pidana ada pada para hakim. Oleh sebab itu perlu menjaga kualiatas hakim baiktingkat kecerdasannya maupun integritasnya. Disamping itu perlu adanya peningkatan pengawasan terhadap hakim-hakim baik yang dilakukan oleh Mahkamah Agung, Komisi Yudisial dan masyarakat. Sehingga tidak terjadi mafia peradilan.Kata Kunci: Keseimbangan monodualistik, Kepentingan masyarakat dan Individu, Pembaharuan Hukum PidanaAbstractIndonesia penal reform conained in the concept of the Crimonal Code in 2012 put forward the values of balance, especialy monodualistic balance between the interest of society and personal. The value of this balance is the embodiment of Pancasila and the 1945 Constitution. Expected value on the balance in the ecforement of criminal law, especialy at the level of examination in a court of justice materialize. In penal reform, th ecentral penal is on the judges. Therefore it is necessary to maintain the quality of judges both in the level of intelligence and integrity. In addition, the need for increased scrunity of the gudges both in the supreme court, the Judicial Commision and the public. So the judicial mafia is terminated.Keywords: Monodualistic Balance, The Interest of Society and the personal, Criminal Law reform

scholarly journals Mara’abe v. Prime Minister of Israel

2006 ◽  
Vol 100 (4) ◽  
pp. 895-901
Author(s):  
Daniel Bodansky ◽  
Geoffrey R. Watson
Keyword(s):  
Supreme Court ◽  
Prime Minister ◽  
Advisory Opinion ◽  
Humanitarian Law ◽  
International Court Of Justice ◽  
High Court ◽  
Court Of Justice ◽  
International Court ◽  
Israeli Government ◽  
Israeli Supreme Court

Mara'Abe v. Prime Minister of Israel. Case No. HCJ 7957/04. At <http://elyonl.court.gov.il/eng/home/index.html> (English translation).Supreme Court of Israel, sitting as the High Court of Justice, September 15, 2005.In Mara ‘abe v. Prime Minister of Israel, the Israeli Supreme Court held that the routing of a portion of Israel's “security fence” in the northern West Bank violated international humanitarian law. The Supreme Court, sitting as the High Court of Justice, ordered the Israeli government to consider alternative paths for the barrier. The Mara'abe decision expanded on the Court's earlier ruling in Beit Sourik Village Council v. Israel, in which the Court ordered the rerouting of another segment of the obstacle. Mara ’abe also revealed some of the Israeli Court's views on Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory— the 2004 advisory opinion of the International Court of Justice (ICJ) holding that construction of the barrier anywhere in occupied territory violates international law.

Public Committee Against Torture in Israel v. Government of Israel. Case No. HCJ 769/02

2007 ◽  
Vol 101 (2) ◽  
pp. 459-465 ◽  
Author(s):  
Daniel Bodansky ◽  
Orna Ben-Naftali ◽  
Keren Michaeli
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Armed Conflicts ◽  
Direct Part ◽  
Customary International Law ◽  
High Court ◽  
Additional Protocol ◽  
Court Of Justice ◽  
The Supreme Court

Public Committee Against Torture in Israel v. Government of Israel. Case No. HCJ 769/02. At <http://elyonl.court.gov.il/files_eng/02/690/007/a34/02007690.a34.pdf>.Supreme Court of Israel, sitting as the High Court of Justice, December 13, 2006.In Public Committee Against Torture in Israel v. Government of Israel1 Targeted Killings) the Supreme Court of Israel, sitting as the High Court of Justice, examined the legality of Israel's “preventative targeted killings” of members of militant Palestinian organizations. The Court's unanimous conclusion reads:The result of the examination is not that such strikes are always permissible or that they are always forbidden. The approach of customary international law applying to armed conflicts of an international nature is that civilians are protected from attacks by the army. However, that protection does not exist regarding those civilians “for such time as they take a direct part in hostilities” (§51(3) of [Additional Protocol I]). Harming such civilians, even if the result is death, is permitted, on the condition that there is no less harmful means, and on the condition that innocent civilians are not harmed. Harm to the latter must be proportional. (Para. 60)

scholarly journals Deservingness in Judicial Discourse. An Analysis of the Legal Reasoning Adopted in Dutch Case Law on Irregular Migrant Families’ Access to Shelter

2021 ◽  
pp. 1-10
Author(s):  
Lieneke Slingenberg
Keyword(s):  
Supreme Court ◽  
Legal Reasoning ◽  
Migrant Families ◽  
The Supreme Court ◽  
Judicial Discourse ◽  
Major Shift ◽  
New Interpretation ◽  
Irregular Migrant ◽  
Court Of Appeal

In September 2012, the Dutch Supreme Court upheld a judgment of the Hague Court of Appeal that the eviction from basic shelter of a mother and her minor children, who did not have legal residence in the Netherlands, was unlawful. This ruling was instigated by a radically new interpretation of the European Social Charter’s personal scope and caused a major shift in Dutch policy. This article provides a case study into the legal reasoning adopted by the Court of Appeal and the Supreme Court. It argues that, instead of relying on legal doctrinal reasoning for justifying the outcome, both courts referred to factors that the general public relies on to assess people’s deservingness of welfare. This finding raises fundamental questions about the relationship between human rights law and deservingness; and calls, therefore, for further research into the relevance of deservingness criteria in judicial discourse.

Supreme Site Services v. Shape (C.J.E.U.)

2021 ◽  
pp. 1-16
Author(s):  
Salim S. Sleiman
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Preliminary Ruling ◽  
The European Union ◽  
Eu Regulation ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
Dutch Supreme ◽  
Brussels Regulation

On September 3, 2020, following a request from the Dutch Supreme Court, the First Chamber of the Court of Justice of the European Union (CJEU) rendered its preliminary ruling in Supreme Site Services and Others v. SHAPE on the interpretation of Articles 1(1) and 24(5) of the European Union (EU) Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Recast Brussels Regulation).

scholarly journals Use of monolingual and comparable corpora in the classroom to translate adverbial connectors

2016 ◽  
Vol 36 (1) ◽  
pp. 147
Author(s):  
Beatriz Sánchez Cárdenas ◽  
Pamela Faber
Keyword(s):  
Lexical Selection ◽  
Parallel Corpora ◽  
Text Type ◽  
Comparable Corpora ◽  
Bilingual Dictionaries ◽  
Text Production ◽  
Before And After ◽  
Semantic Prosody ◽  
Semantic Values

http://dx.doi.org/10.5007/2175-7968.2016v36nesp1p147Research in terminology has traditionally focused on nouns. Considerably less attention has been paid to other grammatical categories such as adverbs. However, these words can also be problematic for the novice translator, who tends to use the translation correspondences in bilingual dictionaries without realizing that formal equivalence is not necessarily the same as textual equivalence. However, semantic values, acquired in context, go far beyond dictionary meaning and are related to phenomena such as semantic prosody and preferences of lexical selection that can vary, depending on text type and specialized domain.This research explored the reasons why certain adverbial discourse connectors, apparently easy to translate, are a source of translation problems that cannot be easily resolved with a bilingual dictionary. Moreover, this study analyzed the use of parallel corpora in the translation classroom and how it can increase the quality of text production. For this purpose, we compared student translations before and after receiving training on the use of corpus analysis tools

scholarly journals Radiological quality of coronary guiding catheters: A quantitative analysis

1994 ◽  
Vol 33 (1) ◽  
pp. 55-60 ◽  
Author(s):  
Jean-Paul R. Herrman ◽  
David Keane ◽  
Yukio Ozaki ◽  
Ad Den Boer ◽  
Patrick W. Serruys
Keyword(s):  
Quantitative Analysis
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