Subjects -> LAW (Total: 1587 journals)
    - CIVIL LAW (37 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (92 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (156 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (191 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (974 journals)
    - LAW: GENERAL (10 journals)

INTERNATIONAL LAW (191 journals)                     

Showing 1 - 191 of 191 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 21)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 9)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 70)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 8)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 2)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 18)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 25)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 38)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 9)
Chinese Journal of Environmental Law     Hybrid Journal   (Followers: 1)
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 25)
Climate law     Hybrid Journal   (Followers: 7)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 18)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 21)
Cornell International Law Journal     Open Access   (Followers: 6)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access   (Followers: 2)
Duke Journal of Comparative & International Law     Open Access   (Followers: 18)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 13)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 35)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 251)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 42)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 14)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 271)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 9)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 31)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 65)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 23)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 16)
International Journal of Private Law     Hybrid Journal   (Followers: 11)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 13)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 26)
International Planning Studies     Hybrid Journal   (Followers: 8)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 87)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 15)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 17)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 10)
Journal of International Political Theory     Hybrid Journal   (Followers: 20)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 8)
Journal of the History of International Law     Hybrid Journal   (Followers: 17)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 22)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 44)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 21)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 16)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Nordic Journal of International Law     Hybrid Journal   (Followers: 17)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 10)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 8)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 8)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
SASI     Open Access   (Followers: 6)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 6)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 5)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 5)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 10)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
International Journal for the Semiotics of Law
Journal Prestige (SJR): 0.225
Number of Followers: 7  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 1572-8722 - ISSN (Online) 0952-8059
Published by Springer-Verlag Homepage  [2626 journals]
  • Non-binding Sources in Law: On Their Merits (and Their Limits)
    • Abstract: Abstract This paper seeks to assess the role that references to non-binding materials such as foreign law and extra-legal knowledge could play in the so-called judicialization of politics. While comparative law is far from manifesting its best interpretative potential in practice, the fact remains that many apex or other higher courts use it to strengthen the legitimacy of their decisions. Since foreign law does not carry any authoritative meaning within the framework of a national legal system, the act of resorting to it is therefore always a political gesture that can be, at one and the same time, decried as arbitrary or hailed as a fruitful tool of judicial dialogue and consensus building. For their part, extra-legal references raise the equally challenging question of knowing whether judges are well equipped to assess complex social issues that go beyond the mere context of a case. Reading and integrating such non-binding elements into judicial discourse poses a series of challenges for the judge before the task. My contribution will evaluate these challenges and will advance a number of conclusions regarding the potential perils of using hetero-referential arguments uncritically and instrumentally.
      PubDate: 2021-01-12
       
  • Sociolinguistic Challenges of Prosecuting Rape as Genocide at the
           International Criminal Tribunal for Rwanda: the Trial of Jean-Paul Akayesu
           
    • Abstract: Abstract The trial of Jean-Paul Akayesu is by far the most well known and widely discussed case at the International Criminal Tribunal for Rwanda (ICTR), a distinction that can be attributed to the fact that it was groundbreaking for several reasons. However, with regard to the importance of this trial both as a precedent for subsequent ICTR cases and within the broader context of international jurisprudence, its most significant contribution has undoubtedly been the recognition and prosecution of rape as a means of perpetrating genocide. The task of collecting admissible evidence to that end was heavily impacted by the necessity of interpreting and translating witness testimonies from their original language of expression, Kinyarwanda, into the working languages of the Tribunal, French and English. The multiple challenges associated with this translation process concerned not only questions of semantic equivalence of specific lexical terms. They also highlighted the considerable ‘cultural collision’ that occurred in the courtroom between the Rwandan witnesses and the international judiciary. This article elucidates the complex task faced by the courtroom interpreters in navigating these linguistic and sociocultural considerations underpinning the evocations of rape within the evidentiary framework of the Akayesu trial.
      PubDate: 2021-01-05
       
  • Different Paradigms in the 2007 and 2019 Definitional Reforms of Sexual
           Offences Under the Thai Penal Code: A Unique Development
    • Abstract: Abstract This article analyses the definitional reforms and re-categorisation of sexual offences under the Thai Penal Code in the period of 13 years, namely, the 2007 and 2019 amendments. The incidents are of uniqueness as the 2007 amendment shared much resemblance with jurisdictions that have departed the original meaning of rape and attempted to re-conceptualise sexual offences, whereas the 2019 amendment shared much similarities with jurisdictions that decided to retain the original meaning of rape and categorise other serious sexual offences in other names. The article argues that, apart from accounts based on criminal law principles, the two definitional revisions had been carried out in the environments of different legal culture and social values in the Thai legislative bodies. It appears that the 2007 amendment followed a feminist perspective that emphasises the harm of sexual offences to bodily/sexual integrity as a state for individuals to realise their personhood, while the re-categorisation of sexual offences in the 2019 amendment (1) suggests a greater role of the feminist perspective in another camp that views penile-penetration inherently differs from non-penile penetration and (2) implies that the law continues, to a certain extent, regulating sexuality since the 2019 amendment used the reason of “naturalness” of sexual intercourse to distinguish between penile penetration and non-penile penetration.
      PubDate: 2021-01-05
       
  • Does the Law Determine What Heritage to Remember'
    • Abstract: Abstract Cultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.
      PubDate: 2021-01-04
       
  • Les réserves en droit international ont-elles des limites' Étude
           sémioéthique du droit à l’éducation de la Convention relative aux
           droits de l’enfant
    • Abstract: Résumé L’une des plus notoires limites en droit international est la possibilité pour les États parties d’émettre des réserves afin de diminuer leur obligation de mettre en œuvre les droits enchâssés dans un traité. Les réserves formulées lors de la ratification de la Convention relative aux droits de l’enfant (CDE 1989) au regard du droit à l’éducation sont particulièrement notables et seront le sujet d’analyse de cet article. Nous allons dans un premier temps considérer le sens, l’intention sous-jacente, et la portée des réserves en droit international, dans le cadre de la théorie de la « signifique» élaborée par l’éminente sémioticienne Victoria Lady Welby. Dans un deuxième temps, nous allons étudier le contenu des réserves au droit à l’éducation, l’intention des États lors de la rédaction des dispositions en nous référant aux travaux préparatoires de la CDE, et enfin leur « signification». Nous tenterons de répondre à la question suivante: les réserves au droit à l’éducation ont-elles des limites' Finalement, nous effectuerons une analyse sémioéthique (Petrilli et Ponzio) de la Convention afin d’identifier des mesures permettant de désamorcer le signe pernicieux que constitue toute réserve au droit à l’éducation.
      PubDate: 2021-01-04
       
  • How Vague is the Third Space for Legal Professions in the European
           Union'
    • Abstract: Abstract Legal concepts and notions are deeply affected by religions, ethics, philosophy and the culture of a particular nation. As Friedman (in: Nelken (ed) Comparing legal cultures, Dartmouth, Aldershot, 1997, p. 34) highlights, understanding legal culture (i.e. expectations, attitudes, values and ideas towards law and legal institutions) is a crucial factor as it both affects their translation and interpretation and consequently has an impact on the application of law. This increases in importance, for example, in the context of the principle of mutual trust and recognition of judgments assumed by the European Union as the cornerstone of judicial co-operation in the European Union, which would not be possible without the trust in each other’s justice system and the respect for the different legal systems and traditions of the Member States. In that vein, ‘the Third Space’ (i.e. the legal translation process), where legal concepts and notions of multiple origins meet and where their meanings are negotiated, transformed, translated and integrated into various socio-political and cultural contexts has acquired an immense significance. Although there may be natural similarities between legal professions in the European Union, they could differ quite substantially as they are deeply rooted in the history and societal evolution of a country; therefore, they are generally regulated at a national, not a European level. In light of the above, the author intends to perform an in-depth analysis of key terminology in the field of names of legal professions which exist in the Member States of the European Union. The author focuses on the terms which refer to the legal profession of lawyers as they might pose obstacles in translation and interpretation due to different functions and roles these legal professionals play in their legal systems or due to the lack of their equivalents in other legal systems. The terminology is compared to present similarities and differences in their meaning, particularly putting some emphasis on socio-political and cultural contexts. The research methods encompass the analysis of relevant literature and the terminological analysis of the research material, which includes the information on legal professions provided by particular Member States on the European e-Justice portal and relevant national regulations in that respect. Finally, the author draws the conclusion that a thorough analysis of the functions and roles of a particular legal profession in socio-political and cultural contexts is required before the translation and interpretation of the term is provided as it helps to avoid ambiguity and makes legal communication precise.
      PubDate: 2021-01-03
       
  • Law and Science: The Autonomy and Limits of Culpability as a Cornerstone
           to the Ascription of Liability (or the Subject of Criminal Law: Three
           Maxims, a Problem and a Glimpse into the Future)
    • Abstract: Abstract In recent years, the advancements made in the field of neuroscience have been echoed in criminal law, reigniting the discussion on culpability from the viewpoint of if it actually exists, considering the echoes of determinism on the re-found non-existence of free will. This discussion has triggered, once again, the issue of the boundaries and inter-relations between (criminal) law and science, namely on whether normative or legal concepts and categories should acknowledge scientific breakthroughs. Bringing forth the theme of the limits of the law, this discussion is able to provide insight, with reference to a specific problem, as to whether there are plausible legal answers in the context of the ascription of liability if the subject of law ceases to be a responsible—and thus free—person. Taking into consideration evolution both of science and criminal law dogmatic, we aim to argue that in the particular case of culpability, the desired autonomy of law has its limitations, and that without such limitations the ascription of liability would not have a correct answer. For this argument we will firstly approach the meaning of culpability as a milestone of subjective responsibility in criminal law, so that we can then analyse some arguments made regarding the impact of neuroscience on the maintenance of a concept of culpability with the meaning given above, so that lastly we can proceed to the rebuttal of the overarching impact of (neuro) science on the law and advocate the autonomy of culpability within the necessary limits imposed by the needs of a plausible legal answer.
      PubDate: 2021-01-02
       
  • Correction to: Mapping the Art Trade in South East Asia: From Source
           Countries via Free Ports to (a Chance for) Restitution
    • Abstract: In the original version of the publication, Figs. 2, 3 and 4 have been included incorrectly and these have been removed with this Correction and the corresponding text have been updated as mentioned below.
      PubDate: 2020-12-15
       
  • Ann Wagner and Le Cheng (eds): Law, Cinema, and the Ill City: Imagining
           Justice and Order in Real and Fictional Cities
    • PubDate: 2020-12-01
       
  • Laetitia Guerlain et Nader Hakim (éds.): Littératures populaires du
           droit. Le droit à la portée de tous
    • PubDate: 2020-12-01
       
  • Can Law Account for the Past' Law and the Road from Oblivion to Memory
    • PubDate: 2020-12-01
       
  • “Kripkenstein” in Legal Interpretation
    • Abstract: Abstract Saul Kripke, commenting on Wittgenstein’s Philosophical Investigations (his idiosyncratic understanding of Wittgenstein’s work came to be known as Kripkenstein), relates the following thought experiment: let us suppose that one has never added numbers greater than 50 before. A “bizarre sceptic” could argue that there is no hard evidence against the hypothesis that it has only ever been meant for instance, that: if x, y < 57, x “plus” y = x + y if x, y ≥ 57, x “plus” y = 5 What can be retorted to that man' This problem appears in some extreme cases of problematic legal interpretation. One particularly telling example is that of space law. In a sense, the very existence of space law reflects the attitude of Kripkenstein’s sceptic, in the sense that, above a certain altitude, the traditional held rules cease to apply. We propose however that any understanding of changes of legal interpretation must take the paradox into account, and that instances of breaking precedent, in particular, can be fruitfully construed in light of Kripkenstein’s hypotheses. Additionally, and as noted by Jean-Michel Salanskis, if we were to justify that by “plus”, it has always been meant “addition”, we would therefore need to infer another rule (a rule of interpretation). This rule needs, in its turn to be justified by another rule etc., hence the necessity for legal practitioners to define these rules and generally establish a closed, functional and coherent system of hermeneutics. Religious law offers strikingly extreme thoughts experiments in the same matter.
      PubDate: 2020-12-01
       
  • Metaphorical Use of Algorithm in Legal Reasoning
    • Abstract: Abstract The current use of big data in the legal framework suggests the idea of algorithm as a new topos of the legal rhetoric. Indeed, in addition to the “rhetoric of algorithm”, an “algorithm of rhetoric” may also exist, in strict connection with an anthropological structure. Even leaving aside its epistemic value, the algorithm is in fact always experienced by the jurist through a metaphorical process, in a very similar way, for instance, to the metaphorical use of graphs in economics (McCloskey). That said, the reasoning about big data is metaphorical as well, and this allows us to believe that there is still a role for pathos and ethos within the legal reasoning. Moreover, and most importantly, the ideal to which the data-based knowledge (the so called dataism) aims—that is, the pretension of being able to map all that there is to know—is metaphorical, too. In this paper I will discuss algorithms and big data in the guise of new topoi. The aim of this paper is therefore to imagine a philosophical-juridical semiotic by means of which it is possible to highlight the persistent difference between reasonableness and reason in the judge’s work. Vis-à-vis algorithms and big data, as well as the rules of law, the judge does not act as bouche de la loi, but rather practices a reason which is irreducibly rhetoric and related to the humanities.
      PubDate: 2020-12-01
       
  • Listening to Distant Voices
    • Abstract: The “digital revolution”, which the juridical observer is asked to tackle, as well as the consequences that legal experts have to deal with, is not an abstract phenomenon. Digitalisation is a consequence and the latest manifestation of the Western culture of the machine. This framework shapes the various concepts of language, political community, and justice, on which, in turn, the diverse current views of the interpreter depend. The twentieth century’s globalisation of legal civilisation has perfected the machinery of legal talk. The mechanics of legal decision rules are based upon the automatism of the sentence, the predicative language. Law appears as a “black box”. The increase of law’s authority and persuasive power depends exactly on this. As the function of rhetoric is to make us see the means of persuasion around each argument, the analysis of law is a matter of rhetoric. Rhetoric analyses particular forms of legal talk as contents. The paper suggests that the basic question of the interpreter’s reasonableness is of how to speak of law and justice without coming under the sway of a world-view that treats all law in the terms of the instrumental strategies and technologies typical of the modern society of control. In my opinion, the interpreter’s role demands him to become a speaker of a real lingua franca, a language appropriate for making distant voices communicate.
      PubDate: 2020-12-01
       
  • Vico’s “Scienza Nuova”: Sematology and Thirdness in the
           Law
    • Abstract: Abstract Is it the task of legal semiotics or the legal philosophers to define legal semiotics' For the philosopher of law, the question recalls the distinction between philosophers’ philosophy of law and legal scholars’ philosophy of law. The thesis that the paper argues is that a semiotic legal perspective can also be sought from the analysis of anthropological knowledge on the origin of the social bond and society, implying a social and institutional theory of the mind. In the first paragraph, the search for a different kind of rationality emerges from a semiotician, Jürgen Trabant, who analyses semiotically the thought of a rhetorician and philosopher of law, Giambattista Vico. In the second paragraph, the anthropological notion of social bond emerges from the debate on the relationship between the idea of the gift and that of exchange. In the third paragraph, the analysis of the legal notion of thirdness recognizes the central role of myth and fiction in the configuration of the civil world and sign, returning to Vico’s critical view of the philosophy of language as an institution of society.
      PubDate: 2020-12-01
       
  • Reasonable Interpretation: A Radical Legal Realist Critique
    • Abstract: Abstract The notion of reasonable interpretation of legal texts, as opposed to the absurd or unacceptable interpretation, is presupposed in different legal theories as the fundamental basis of legal rationality and as a clear limitation to chaotic behaviour by courts. This article argues that the ever-present notion of reasonability is not a useful descriptive tool for understanding legal practices or how legal institutions work. The article builds on radical legal realism perspective in order to develop two arguments supporting this claim. First, it argues that, from an empirical point of view, the complexity of contemporary law and its multiple layers of normativity do not allow for the description of what a reasonable interpretation is, since no coherent universal interpretative community can be envisioned. Second, from a conceptual point of view, it argues that describing the references interpreters make to reasonability as references to a semantic object—that is, to some kind of universal “reasonableness”, a model of reasonable behaviour or rationality—is not a reliable way of understanding judicial practice in a certain legal context. This is the case because, as an internal justification discourse, the appeal to reasonability by the interpreter has no bearing on truth or correctness. Nothing prevents courts from cherry-picking a meaning for reasonability in each case, using it as the justification to solve similar cases in different, sometimes contradictory ways. In short, the concept of reasonability cannot be taken, in itself, as an instrument of legal analysis. As a prescriptive discourse, it can merely be one of the objects legal science intends to observe and explain. Its discursive functions—not its semantic references—, as part of a strategy to convince and to justify, are the only observable elements that can sustain a coherent falsifiable description by legal science.
      PubDate: 2020-12-01
       
  • Planning Facts Through Law: Legal Reasonableness as Creative Indexicality
           and Trans-categorical Re-configuration
    • Abstract: Abstract Legal reasonableness and its theoretical analysis are often gauged on judicial activity. However, the judicial exercise of reasonableness is always a post-factum activity. People produce facts, and then courts are called to ascertain and qualify their conduct to determine its legal consequences. The use of reasonableness appears, in this way, almost inherently grafted onto a pre-existing divide between facts and legal rules. Reasonableness would appear to be mainly engaged in the balancing of the semantic spectrums of law’s provisions and their underlying axiological legitimations. To put it diversely, reasonableness seems to be confined within the semantic fluctuations of a major premise of syllogism and only indirectly focused on its minor premise and the translation of facts in legal terms. I think this traditional approach is defective. Its defectiveness is due, in my view, to a lack of semiotic awareness in the assumptions made by judges about what facts are and the resulting tendency to produce ossified understandings. If, instead, legal interpreters were to consider facts as epitomes of signical chains that are thus open to a narrative unwinding, the categorization of facts and the creative remolding of the semantic spectrum of legal enunciations would reveal their interpenetration. Narrations make visible the implicit deictic dimension inherent in the symbolic representation of facts and actions, as well as the signical webs in which such empirical ‘data’ are embedded. These expanded landscapes of multifarious properties and connotations—if traversed far and wide by the interpreters—tend to proffer new and unexpected axes of semantic/legal qualification. This is because the newly emerging properties are often pertinent to various phrastic parts of different legal enunciations (and the lexemes they comprise, as well), thereby urging a renewed assessment of their categorical borders and criteria of trans-categorical relevance. In this sense, reasonableness can function as a chisel to proactively mold the world of experience rather than as a rhetorical device that is only applied to previously defined rules and empirical categories. Indeed, this is exactly what occurs, even more intensively, when legal practitioners provide legal assistance to their clients before and outside the courts. In many cases, when clients are informed about the legal consequences of their actions, they undertake—even if unawares—a semiotic/indexical re-assessment of their potential conduct; they re-plan the factual/behavioral chains designed to pursue their interests and achieve their ends. In this way, they become able to produce facts through law. If taken together, legal education, a semiotic understanding of facts, and a widespread use of pre-litigation legal assistance might cast new light on the potentialities of legal experience, if not its own socio-political and even cognitive significance. From this angle, therefore, improving the semiotic analysis of the life of law is a crucial step on the path toward new ways of rethinking the relationships between legal discourse and the making of the social world.
      PubDate: 2020-12-01
       
  • The Limits of Digital Interpretation: Semantic Versus Syntactic
           Connectedness
    • Abstract: Abstract The concept of reasonability is key in Umberto Eco’s interpretive semiotics, where it enables the formation of a community of interpreters that avoids both extremes of fundamentalism and anarchy. Such concept, however, is not immune from the technological infrastructure in which interpretation takes place. In the digital sphere, the notion itself of community is deeply altered as a consequence of fundamental change in the very nature of connectedness and connections among members. Whereas in the pre-digital world, semantic communality would ground connectedness and the ensuing communities, in digital social networks syntactic communities prevail, where clusters of members emerge out of contagion and memetic force more than through sharing of actual semantic content. The passage from semantic to syntactic connectedness deeply affects the nature of communities and the ways in which they find cohesion. In the digital world, communities are not only syntactic more than semantic, but also quantitative more than qualitative, and negative more than positive: they take shape around what they oppose, more than around what they propose. The market is a fundamental force behind the technological framework of such new communities, since it engineers them so as to both monitor them and profit by their constant litigiousness.
      PubDate: 2020-12-01
       
  • Recent Developments
    • PubDate: 2020-10-21
       
  • Special Issue “The Reasonable Interpreter. Perspectives on Legal and
           Non-Legal Semiotics”. Introduction
    • PubDate: 2020-10-08
       
 
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