Subjects -> LAW (Total: 1613 journals)
    - CIVIL LAW (37 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (92 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (169 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (196 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (981 journals)
    - LAW: GENERAL (11 journals)

INTERNATIONAL LAW (196 journals)                     

Showing 1 - 171 of 171 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 21)
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: 72)
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   (Followers: 1)
Anuario de Derechos Humanos     Open Access   (Followers: 1)
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 3)
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: 2)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
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: 19)
Australasian Policing     Full-text available via subscription   (Followers: 7)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (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)
Borderlands Journal : Culture, Politics, Law and Earth     Open Access  
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: 39)
Brooklyn Journal of International Law     Open Access   (Followers: 6)
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: 5)
Cape Town Convention Journal     Open Access  
Chicago Journal of International Law     Full-text available via subscription   (Followers: 10)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
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: 17)
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: 7)
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: 6)
Deusto Journal of Human Rights     Open Access   (Followers: 3)
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 Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 45)
European Property Law Journal     Hybrid Journal   (Followers: 8)
Fordham International Law Journal     Full-text available via subscription   (Followers: 22)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 7)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 5)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 52)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 13)
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: 273)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
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: 32)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 13)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 28)
International Journal of Language & Law     Open Access   (Followers: 4)
International Journal of Law in Context     Hybrid Journal   (Followers: 18)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 67)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 22)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
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 Planning Studies     Hybrid Journal   (Followers: 9)
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)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Aggression, Conflict and Peace Research     Hybrid Journal   (Followers: 52)
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: 19)
Journal of International Economic Law     Hybrid Journal   (Followers: 35)
Journal of International Political Theory     Hybrid Journal   (Followers: 21)
Journal of International Trade Law and Policy     Hybrid Journal   (Followers: 20)
Journal of Law, Policy and Globalization     Open Access   (Followers: 19)
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 on the Use of Force and International Law     Full-text available via subscription   (Followers: 17)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 45)
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)
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: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 17)
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)
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)
Paix et Sécurité Internationales     Open Access  
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 Facultad de Jurisprudencia     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)
Tilburg Law Review     Open Access   (Followers: 6)
Transnational Environmental Law     Hybrid Journal   (Followers: 7)
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)
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  [2656 journals]
  • Argumentation and Legal Interpretation in the Criminal Decisions of the
           Polish Supreme Court and the German Federal Court of Justice: A
           Comparative View
    • Abstract: The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the principles of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach.
      PubDate: 2021-04-30
       
  • French book review: Damien Gimenez: La question de la liberté
    • PubDate: 2021-04-28
       
  • Machiavellian Apparatus of Cyberbullying: Its Triggers Igniting Fury With
           Legal Impacts
    • Abstract: Young netizens are an emerging generator of online content, engaging in an increasing number of online flaming interactions. This shortened communication mode has incorporated power amplifiers, enabling the inclusion of both verbal and non-verbal triggers, thereby initiating abuses akin to cyberbullying. Cyberbullying has emerged as an extremely unstable hot issue, which is difficult to regulate upstream, severely impacting inexperienced young netizens. This Machiavellian apparatus proves to be sophisticated, given its powerful nature, and results in its victims being ensnared in a cyber net from which they see very little escape. Laws have been enacted to combat cyberbullying, which is rampant among netizens, highly naive (the victims) or actively aggressive (the harassers) in their use of various social media platforms.
      PubDate: 2021-04-25
       
  • New (Post-') Textualities and the Autonomy Claim: Rethinking Law’s
           Quest for Normative Convergence in Dialogue with Law and Aesthetics’
           Heterodoxy
    • Abstract: Beginning by offering an overview on legal aesthetic humanisms as a specific embodiment of critical discourse, and discussing the ways the recreation of juridical experience, rationality, and culture underpinning such a criticism, leaving behind monolithic views on textuality, judgment, and (inter-)subjectivity, positively contributes to unsettling the main assumptions underlying typical understandings of law’s autonomy—mostly those of formal specification of juridical “sources” and “scientific” isolation of legal thought—, this paper argues that simply reproducing aesthetic heterodoxy as the epitome of a humanist ‘alternative to law’ (Castanheira Neves), without first debating the very orthodox-heterodox binomial, ends up overlooking the discursive and methodological specificity of law, as a particular experience (and a promise) of practical and normative validity. In this way, it introduces, from an axiological-normative and juridically oriented standpoint (inspired by Neves’ jurisprudentialism), a different—jusaesthetic—argument for re-examining the relationship between law’s praxis, nomos, and community.
      PubDate: 2021-04-24
       
  • How Does the Law Obtain Its Space' Justice and Racial difference in
           Colonial Law: British Honduras, 1821
    • Abstract: How do certain social conflicts come to fall within the law' How does the law come to have its space' I argue that law emerged in British Honduras through a structure of racial differentiation. The law arrived as a mode of ordering space, bodies, and justice that realizes an immanent structure of racial difference. Racial difference thus founds the space of law. To advance this argument, I examine the record of the first criminal trial prosecuted in the place now called southern Belize—for the murder of an unnamed Indigenous woman by an enslaved Black man. Through an analysis of the trial record that draws upon Jameson’s reading of Greimas’s semiotic method, I show that the standing of the trial, as well as the evaluation of evidence, hinge upon the delineation and operation of racial categories. While British colonialism has ended, these categories persist.
      PubDate: 2021-04-18
       
  • Trinity, Number and Image. The Christian Origins of the Concept of Person
    • Abstract: The studies on the history of the notion of “personhood” have largely recognized that Christian thought had a central role in the development and significance of this concept throughout the history of Western civilization. In late antiquity, Christianity used some terms taken from the classic and Hellenistic vocabulary in order to express its own theological content. This operation generated a “crisis” of classical language, namely a semantic transformation in the attempt to address some aspects of reality which were not envisioned by the previous usage of these words. The term person is a paradigmatic example of this process. In fact, from the outset, it played a strategic role in formulating the idea of Incarnation, one of the central doctrines of Christianity. This essay aims to show how, during the first centuries of Christianity, the terms commonly used in order to express the notion of “personhood” (prosōpon, hypostasis and persona) became pivotal elements for the formulation of the discourse about the Trinity and progressively acquired new meanings. The analysis focuses only on the initial stage of the elaboration of this concept in Christianity and, based on some of the most significant texts, tries to bring out a series of theoretical problems that may be useful to understand the subsequent debate. In order to do so, the author divides the text in two parts. In the first one, he analyses two features strictly connected to the theological use of the term “persona”, which remained central also when this term was later referred to man. These features are individuality and ontological stability, along with the structurally relational status of personhood. In the second part, the author offers more details about the theology of the Cappadocian Fathers, in particular of Basil of Caesarea, and analyses two sectorial languages—mathematical and iconic language—used by Basil in order to describe the intra-trinitarian relationships.
      PubDate: 2021-04-17
       
  • Face and Mask: “Person” and “subjectivity” in
           Language and Through Signs
    • Abstract: In this paper, I will deal with the way linguistics and semiotics focus on person and subjectivity in language. I start from two different meanings of the “person” word and from Benveniste and Latour’s theories of enunciation. Later, I deal with the problem of subjectivity in language and I connect it to two different views: Benveniste’s idea that subjectivity is grounded on the “I” and Guillaume’s idea of a primacy of the “he”. Starting from the Iliad and from the semiotic idea of subject, I take side for Guillaume and Latour’s theory: it is the delocutive structure of the “he” which, in language, expresses subjectivity, namely the capacity of the subject to make himself the object of his reflections and of his words.
      PubDate: 2021-04-17
       
  • Coronavirus Legislation and Obligations of Lessee in Jordan: Some
           Preliminary Reflections/Considerations
    • Abstract: This study focuses on discussing the choices of lessee in Jordan legislation because of a Defense Order in Curfew to face Corona Virus Disease 2019 and the impact of Corona virus disease 2019 (COVID-19) on the lessor obligation. The study finds out that the lessee has two options: to cancel the contract regarding force majeure or refuge to court and to reduce the fare amount regarding exceptional circumstances. The study also recommended issuing a Defense Order specifying the exact percentage to be reduced. In the absence of a Defense Order, the study of a friendly agreement should be recommended between the lessor and the tenant on the reduced percentage.
      PubDate: 2021-04-13
       
  • The Global Regulation of “Fake News” in the Time of Oxymora: Facts and
           Fictions about the Covid-19 Pandemic as Coincidences or Predictive
           Programming'
    • Abstract: The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called “essentially oxymoronic concepts”, i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the domain of literature, the arts or mysticism. Today, however, many new technologies and other innovations are contributing to their rise also in the domains of science and of law. Particularly in law, their inherent contradictory quality of combining apparently antagonistic suppositions challenges the traditional dualistic mode of reasoning and binary logic. As reflected in terms like fake news, alternative facts or conspiracy theories, these concepts are seen as a threat to the rule of law and legal certainty and have been described as harbingers of an age of disinformation or post-truth. The challenge posed by these apparently contradictory concepts requires a closer look at the premises that guide our legal thinking and a more integrated theory of the senses and their role in law, as captured by the terms “legal synaesthesia” and “legal semiotics”. It also calls for an inquiry into the mind’s functioning generally and how it processes information in the creative process of decision making, linking thoughts and actions as well as facts and fictions. Based on the qualification of “fake news” as an oxymoron, this article critically examines the deficiencies in a dichotomous distinction between fact and fiction exemplified by information about the pandemic of coronavirus disease 2019 (Covid-19) in an attempt to clarify the principal issues for a global regulatory debate regarding “fake news”.
      PubDate: 2021-04-13
       
  • Rights Metaphors Across Hybrid Legal Languages, Such as Euro English and
           Legal Chinese
    • Abstract: This paper focuses on two legal languages such as the legal English developed by the European Union institutions (Euro English) and the legal Chinese of Mainland China, to study whether the mental representations and the embodied simulation created by the conceptual metaphors for the same Western concept, right, differ in any significant ways. By analysing the data contained in two large corpora, this study has found that, despite the common origin of the concept right in the two legal languages, they conceptualise it in a significantly different fashion. Finally, the findings of this study are read through the theoretical framework proposed for this special issue—hybridity and the Third Space. While it is somewhat straightforward to conceive of Euro English as a hybrid language, owing to the multilingual and supranational setting where it is used, this study has found that the Chinese legal language, too, is a hybrid language exhibiting linguistic features that intersect different belief systems.
      PubDate: 2021-04-03
       
  • Législation pénale à l’époque stalinienne en Pologne—analyse
           jurilinguistique
    • Abstract: L’article aborde la problématique des actes normatifs de droit pénal adoptés en Pologne dans les années 1944–1956. L’auteur essaie de répondre à la question : comment le régime politique et l’idéologie stalinienne ont-ils influencé la manière de rédiger les textes juridiques de cette branche du droit lors des plus grandes répressions par le pouvoir d’après-guerre en Pologne ' À partir de 1944, le droit pénal a été adapté aux besoins des autorités communistes, contrôlées par l’Union soviétique. Dans la période analysée, on a introduit en Pologne plus de cent actes normatifs englobant des dispositions pénales. L’idéologisation du droit pénal est visible dans toutes les parties des actes normatifs : titres, préambules et dispositions juridiques. On retrouve dans leur contenu les valeurs politiques, économiques et sociales fondamentales pour l’idéologie du stalinisme, dont les thèses ont été mises en œuvre en Pologne après la fin de l’occupation allemande.
      PubDate: 2021-04-02
       
  • Natural Law and the ‘Resistance’: A Normative Approach to the
           Skywalker Narrative in The Last Jedi
    • Abstract: The motion picture The Last Jedi involves important decisions and actions taken by the protagonist of the original Star Wars trilogy, Luke Skywalker. It will be argued that Luke’s narrative in The Last Jedi can be explored through analysing new natural law thought. In particular it draws on Robert P. George’s discussion of the good (human flourishing) to consider whether the opposition provided by Luke Skywalker can been seen as a successful form of opposition to restore public morality. The contrast between Skywalker’s morality and the behaviour of the First Order will be established. It will be argued that the Skywalker narrative symbolises public morality against the politics of the First Order. It will be analysed whether Luke’s sacrifice in The Last Jedi can provide legal restraint to a militant invading force. This will further be shown to be helpful to legal philosophy in negotiating the boundaries over natural rights. As such, it will be shown that key features of George’s natural law reasoning can be usefully applied to examine Luke’s actions, and this will shed light upon concepts such as liberty, sacrifice and fear. Legal idealism in the form of natural law will provide further insight into the jurisprudence that pervades Luke’s narrative arch to demonstrate the film’s wider relevance.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-019-09640-5
       
  • Procedural Acts as Double-Conventionalized Acts: Considerations on
           Conventional Acts Performed in a Courtroom Discourse
    • Abstract: The subject of interest of this article is procedural acts considered as double-conventionalized acts. It is assumed in this article that in the case of procedural acts, one can distinguish two levels of conventionalization: (1) the level of a speech act and (2) the level of a procedural act. Both above-mentioned levels affect each other in various ways, what is discussed in the article. As assumed in the article, the analysis of acts characterized by this particular trait (double conventionalization) and with due account of this trait allows one to observe phenomena that can be hard or even impossible to notice in the process of analyzing acts that are deprived of this trait. Furthermore, it seems that the description of this type of acts may particularly enrich the current discussion on some properties of speech acts held on the grounds of philosophy of language or pragmalinguistics. The research material used in this article as an illustration consists of actual utterances of participants of Polish court proceedings used by them at a hearing.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-020-09681-1
       
  • From Fingers to Faces: Visual Semiotics and Digital Forensics
    • Abstract: Identification is a primary need of societies. It is even more central in law enforcement. In the history of crime, a dialectics takes place between felonious attempts at concealing, disguising, or forging identities and societal efforts at unmasking the impostures. Semiotics offers specialistic skills at studying the signs of societal detection and identification, including those of forensics and criminology. In human history, no sign more than the face is attached a value of personal identity. Yet, modern forensics realizes that the face can mislead and, inspired by eastern models (China, Japan, India), adopts fingerprinting. In the digital era, however, fingerprinting first goes digital, then it is increasingly replaced by facial recognition. The face is back in digital AI forensics, together with a tangle of sociocultural biases. Semiotics can play a key role in studying their surreptitious influence.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-020-09766-x
       
  • On the Limits of Political Emancipation and Legal Rights
    • Abstract: In this paper I offer a new interpretation of Marx’s essay On the Jewish Question (OJQ) which re-states its key ideas but removes unnecessary debates that are not relevant to current political and legal problems. Because OJQ is a demonstration of critique it does not offer positive proscriptions or suggestions for change. Its utility, I argue, lies in the way it can help us think about the limits of resolving deeply entrenched power-relations without a thoroughgoing engaging of how those powers are created and enacted in civil society. With this in mind I read OJQ alongside the recent campaign to legislate for marriage equality in Australia and the movement to recognise environmental human rights. While both movements might ameliorate instances of discrimination and harm, I argue that they cannot resolve those powers that limit certain kinds of access or render people and things subordinate to other interests.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-019-09634-3
       
  • Constitutive Reasons and Consequences of Expressive Norms
    • Abstract: In this article I engage with Tarunabh Khaitan’s scholarship on expressive norms. Khaitan argues that the expressive value of a legal speech-act is independent of its consequences. I query the analytical moves that inform this argument. Specifically, I show that (1) Khaitan’s account of the illocutionary force of a speech-act is a particular displacement of linguistic theory into constitutional philosophy; (2) using Kazuo Ishiguro’s The Remains of the Day as a talking point, the focus on the illocutionary force of a legal expression can confound constitutive reasons that lend weight to such an expression; and (3) the claim that expressive norms are consequence-independent is diluted once it becomes evident that such a claim is premised on epistemic problems rather than moral arguments. Finally, I argue that to work towards a society characterised by non-humiliation, it pays to focus on the constitutive reasons and consequences of expressive norms.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-020-09705-w
       
  • Reporting Verbs in Court Judgments of the Common Law System: A
           Corpus-Based Study
    • Abstract: Professionals in various disciplines adopt significantly different lexicons to report their discoveries and arguments. Scientists discover, philosophers argue, whereas legal practitioners apply and consider. Reporting, as a ubiquitous linguistic phenomenon, has its disciplinary characteristics. In court judgments, it reflects the way judges identify the evidence of different documents or other courts. In the self-built court judgment corpus, the paper focuses on the way that judicial arguments are constructed through reporting verbs. On the basis of the analysis of the representation and distribution of reporting verbs in court judgments, the study identifies the reporting verbs with high frequencies in court judgments and compares these reporting verbs with those in the comparable reference corpus, written sampler of British National Corpus, which works as a reference corpus. It is found that (1) the tokens of reporting verbs in court judgments are slightly less than those in general texts; (2) the distribution pattern of the speech act verbs and mental verbs in the self-built court judgment corpus is similar to the pattern of two kinds of reporting verbs in the reference corpus; (3) judicial speech act verbs are employed to express the authority of the statements, whereas the judicial mental verbs illustrate the legal reasoning process with individual agents; and (4) there is a significant difference in terms of the reporting verbs’ frequencies within the court judgments and general texts. The results show that the reporting verbs in court judgments have their uniqueness, which may cast light on both judicial and pedagogical practices.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-020-09740-7
       
  • Referring Phrases with Deictic Indication and the Issue of
           Comprehensibility of Texts of Normative Acts: The Case of Polish Codes
    • Abstract: The paper focuses on a specific type of referring legal provisions, in which the referring phrase contains a component that indicates the position of a certain fragment of the same text of a normative act by determining the position of that fragment in relation to the fragment in which the given referring phrase is located. Despite the fact that these referrals, called deictic, may be perceived as uncomplicated in structure and as functioning correctly in legal texts, many theoretical as well as practical problems arise during their drafting and legal interpretation. The article attempts to reveal, organize and name these problems basing on the conceptual grid formulated by Studnicki, Łachwa, Fall and Stabrawa as a universal, although not widely known outside Polish jurisprudence, tool for analysing and solving referring provisions as elements of various legal systems, especially continental ones. Texts of selected Polish Codes have been chosen as an illustrative material of deictic referrals which have been incorrectly formulated as leaving space for interpretative doubts in terms of place of indication (demonstratum) and place of reference (referent), which also causes a potential problem of the deferred ostension phenomenon noticed by Quine. The author argues that proper drafting of referring legal provisions with deictic indication requires that the legislator should have extensive pragmalinguistic knowledge and is an essential part of law-making oriented towards achieving comprehensibility of texts of normative acts, especially as important as Codes.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-020-09764-z
       
  • A Painting, a Crime, a Controversy
    • Abstract: The exhibition by the Whitney Museum of American Art of a painting of the lynched Emmett Till by a white woman artist in its Biennial survey exhibition in 2017 caused a controversy that went to the heart of the contemporary art world in the United States. There was a demand made by a group, writing on behalf of artists of color that the painting be removed and destroyed. That demand gave birth to an intensive and very public conversation among important critics, members of academia, and artists. What is the role of identity (and its politics) in art creation and exhibition' Implicitly, what is the role of gatekeepers who can influence the direction of the art market through promoting the work of some artists and not others' What are the obligations of major institutions in shaping public opinion' I seek to test the public responses to the painting and its challengers against what can be seen with sustained observation in the painting itself. Do the issues inhere in the painting or was the painting captured for an external conversation' I hope that this is an example of what evidence that kind of observation can provide—a matter of interest not just in the discourses of art but also of evidence in the context of the law.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-019-09677-6
       
  • Principles of Criminal Liability from the Semiotic Point of View
    • Abstract: Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law (legalata level). However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence' From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, rules which constitute valid performance of conventional activities (making criminal law). In an extra-directival sense these principles may be understood as models-descriptions of shaping the system of criminal law (or criminal liability as the core of criminal law). From a theoretical and practical point of view principles addressed to the legislator are extremely weighty—they can be called rules constructing the system of criminal liability. These all problems are discussed in the article.
      PubDate: 2021-04-01
      DOI: 10.1007/s11196-020-09691-z
       
 
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