Pub Date : 2023-10-21DOI: 10.1007/s11196-023-10060-9
Fabio Ferraz de Almeida
Abstract This article explores the ways in which suspects attempt to make putative victims/complainants at least partially responsible for the incidents for which they are investigated, transforming themselves into the victim and the other into the perpetrator. Drawing upon conversation analysis, I examine audio-recorded police interviews for low-level crimes in England and in which suspects have constructed what I refer as counter-denunciations. I argue that suspects accomplish these counter-denunciations through discursive practices that involve, for example (a) contrasting the complainant’s actions with their own innocent conduct; (b) historicizing the event being investigated; and (c) discrediting the complainant’s character—stigmatizing. These practices have in common the suspects’ reliance on the relational and contextual character of the categories ‘offender’ and ‘victim’.
{"title":"Counter-Denunciations: How Suspects Blame Victims in Police Interviews for Low-Level Crimes","authors":"Fabio Ferraz de Almeida","doi":"10.1007/s11196-023-10060-9","DOIUrl":"https://doi.org/10.1007/s11196-023-10060-9","url":null,"abstract":"Abstract This article explores the ways in which suspects attempt to make putative victims/complainants at least partially responsible for the incidents for which they are investigated, transforming themselves into the victim and the other into the perpetrator. Drawing upon conversation analysis, I examine audio-recorded police interviews for low-level crimes in England and in which suspects have constructed what I refer as counter-denunciations. I argue that suspects accomplish these counter-denunciations through discursive practices that involve, for example (a) contrasting the complainant’s actions with their own innocent conduct; (b) historicizing the event being investigated; and (c) discrediting the complainant’s character—stigmatizing. These practices have in common the suspects’ reliance on the relational and contextual character of the categories ‘offender’ and ‘victim’.","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"70 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135510777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-21DOI: 10.1007/s11196-023-10044-9
Lina Nyroos
Abstract This paper employs Conversation Analysis to investigate a specific interactional environment in Swedish police interviews (PIs): sequences where the interviewee asserts an inability to recollect specific events, and the police subsequently challenge this assertion. The police interview serves as a crucial setting for reconstructing past events and identifying the distribution of knowledge among participants. While previous research has delved into the cognitive mechanisms underlying memory retrieval in PIs, there exists a scarcity of empirical investigation of how memories and their associated knowledge are interactionally managed within this high-stakes activity. Prior Conversation Analytic studies exploring how epistemic dimensions shape social interaction form the theoretical basis for the current study, including research indicating how ‘forgetfulness’ can be strategically employed as an interactional resource. Only a few studies have targeted recorded high-stakes interviews in Swedish, and the lack of such is problematic since international research have highlighted the influence of cultural and social factors on conditions and outcomes. Data used for this study comprises anonymized audio recordings (N = 51) from a preliminary murder investigation, making a valuable contribution to the understanding of interactional practices in Swedish police interviews. Results indicate a discrepancy in orientation between the police and the interviewee. The former treats the memories as accessible knowables possible to retrieve, in contrast to the latter, who uses the police’s challenge as a vehicle for contesting the ‘impossible action of remembering.’
{"title":"“I don’t Remember that”: Negotiating Memories and Epistemic Claims in Swedish High-Stake Police Interviews","authors":"Lina Nyroos","doi":"10.1007/s11196-023-10044-9","DOIUrl":"https://doi.org/10.1007/s11196-023-10044-9","url":null,"abstract":"Abstract This paper employs Conversation Analysis to investigate a specific interactional environment in Swedish police interviews (PIs): sequences where the interviewee asserts an inability to recollect specific events, and the police subsequently challenge this assertion. The police interview serves as a crucial setting for reconstructing past events and identifying the distribution of knowledge among participants. While previous research has delved into the cognitive mechanisms underlying memory retrieval in PIs, there exists a scarcity of empirical investigation of how memories and their associated knowledge are interactionally managed within this high-stakes activity. Prior Conversation Analytic studies exploring how epistemic dimensions shape social interaction form the theoretical basis for the current study, including research indicating how ‘forgetfulness’ can be strategically employed as an interactional resource. Only a few studies have targeted recorded high-stakes interviews in Swedish, and the lack of such is problematic since international research have highlighted the influence of cultural and social factors on conditions and outcomes. Data used for this study comprises anonymized audio recordings (N = 51) from a preliminary murder investigation, making a valuable contribution to the understanding of interactional practices in Swedish police interviews. Results indicate a discrepancy in orientation between the police and the interviewee. The former treats the memories as accessible knowables possible to retrieve, in contrast to the latter, who uses the police’s challenge as a vehicle for contesting the ‘impossible action of remembering.’","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"5 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135512054","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-21DOI: 10.1007/s11196-023-10059-2
Sonia A. Halimi
Abstract The context-based use of terminology and phraseology is one of the essential building blocks of legal translation. The contextual nature of both components has implications when it comes to designing resources that are adapted to the needs of translators. For Arabic legal translation, there are a multitude of different print and online resources available, however, they do not integrate the context-related parameter for term choice acceptability. In this article, we will describe the main features of certain bilingual legal dictionaries with the English-Arabic and French-Arabic language pairs. We will then make a descriptive assessment of the tools available online, highlighting their limitations. Taking into consideration all the contextual parameters involved in making a translation choice, we will put forward the value of developing bilingual ontologies with Arabic. With the rapid expansion of information technologies, a move towards formalizing legal knowledge will help fill existing gaps in the representation of Arabic legal content and the retrieval of information, providing legal translators with a tool that provides specific details that will enable translators to make informed and relevant decisions, in addition to opening new research perspectives for Arabic legal translation.
{"title":"Bilingual Legal Resources for Arabic: State of Affairs and Future Perspectives","authors":"Sonia A. Halimi","doi":"10.1007/s11196-023-10059-2","DOIUrl":"https://doi.org/10.1007/s11196-023-10059-2","url":null,"abstract":"Abstract The context-based use of terminology and phraseology is one of the essential building blocks of legal translation. The contextual nature of both components has implications when it comes to designing resources that are adapted to the needs of translators. For Arabic legal translation, there are a multitude of different print and online resources available, however, they do not integrate the context-related parameter for term choice acceptability. In this article, we will describe the main features of certain bilingual legal dictionaries with the English-Arabic and French-Arabic language pairs. We will then make a descriptive assessment of the tools available online, highlighting their limitations. Taking into consideration all the contextual parameters involved in making a translation choice, we will put forward the value of developing bilingual ontologies with Arabic. With the rapid expansion of information technologies, a move towards formalizing legal knowledge will help fill existing gaps in the representation of Arabic legal content and the retrieval of information, providing legal translators with a tool that provides specific details that will enable translators to make informed and relevant decisions, in addition to opening new research perspectives for Arabic legal translation.","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135510940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-17DOI: 10.1007/s11196-023-10041-y
Juan Pablo Gómez-Moreno
Abstract The Covid-19 pandemic disrupted in-person dispute resolution proceedings, leading to the rapid adoption of digital technologies for remote hearings in international arbitration. The use of these technologies has opened up new possibilities for enhancing procedures, improving efficiency, and streamlining processes. However, it also raises concerns about transparency and authenticity in virtual hearings. This paper explores the impact of digital technologies on the semiotics of law and legal communication in international arbitration, considering the intersections between new technologies and persuasion. Based on practices like the use of e-evidence, debates surrounding remote hearings, and the formulation of standards for stakeholders’ behavior, the study takes a practice-based approach, exploring cognitive processes, such as memory and attention, and their influence on the behavior of counsel, arbitrators, and witnesses in remote hearings. It highlights the key issues, findings, challenges, and future research opportunities arising from the introduction of digital technologies in this field, including considerations on how stakeholders of a virtual hearings are affected by the unique features of the digital environment.
{"title":"Advocacy for Online Proceedings: Features of the Digital World and Their Role in How Communication is Shaped in Remote International Arbitration","authors":"Juan Pablo Gómez-Moreno","doi":"10.1007/s11196-023-10041-y","DOIUrl":"https://doi.org/10.1007/s11196-023-10041-y","url":null,"abstract":"Abstract The Covid-19 pandemic disrupted in-person dispute resolution proceedings, leading to the rapid adoption of digital technologies for remote hearings in international arbitration. The use of these technologies has opened up new possibilities for enhancing procedures, improving efficiency, and streamlining processes. However, it also raises concerns about transparency and authenticity in virtual hearings. This paper explores the impact of digital technologies on the semiotics of law and legal communication in international arbitration, considering the intersections between new technologies and persuasion. Based on practices like the use of e-evidence, debates surrounding remote hearings, and the formulation of standards for stakeholders’ behavior, the study takes a practice-based approach, exploring cognitive processes, such as memory and attention, and their influence on the behavior of counsel, arbitrators, and witnesses in remote hearings. It highlights the key issues, findings, challenges, and future research opportunities arising from the introduction of digital technologies in this field, including considerations on how stakeholders of a virtual hearings are affected by the unique features of the digital environment.","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"168 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135996149","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-13DOI: 10.1007/s11196-023-10051-w
Eman W. Weld-Ali, Mohammed M. Obeidat, Ahmad S. Haider
{"title":"Correction: Religious and Cultural Expressions in Legal Discourse: Evidence from Interpreting Canadian Courts Hearings from Arabic into English","authors":"Eman W. Weld-Ali, Mohammed M. Obeidat, Ahmad S. Haider","doi":"10.1007/s11196-023-10051-w","DOIUrl":"https://doi.org/10.1007/s11196-023-10051-w","url":null,"abstract":"","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135854590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.1007/s11196-023-10039-6
Christina Fakalou
{"title":"The Sociolinguistics of Asylum Decision-Writing in the Context of the Greek Appeals Authority","authors":"Christina Fakalou","doi":"10.1007/s11196-023-10039-6","DOIUrl":"https://doi.org/10.1007/s11196-023-10039-6","url":null,"abstract":"","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136012760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-12DOI: 10.1007/s11196-023-10043-w
Daniel Green, Januš C. Varburgh
{"title":"Review Article of Das österreichische ABGB - The Austrian Civil Code: Deutsch-Englisch","authors":"Daniel Green, Januš C. Varburgh","doi":"10.1007/s11196-023-10043-w","DOIUrl":"https://doi.org/10.1007/s11196-023-10043-w","url":null,"abstract":"","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136013280","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-11DOI: 10.1007/s11196-023-10053-8
Katy Barnett
Abstract This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it would be unfair and unjust to hold a defendant liable for all outcomes, and as our journey will show, legal systems seek guidance from other legal systems in their efforts to deal with this problem.
{"title":"Reflections on the Principles of Remoteness in Contract in Comparative Law","authors":"Katy Barnett","doi":"10.1007/s11196-023-10053-8","DOIUrl":"https://doi.org/10.1007/s11196-023-10053-8","url":null,"abstract":"Abstract This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages in various legal systems. Our journey takes us through different times, continents and cultures, from the eighteenth century to the twenty–first century, across the law of France, United States, England and Wales, India and Australia, among other jurisdictions. While it might seem that civilian and common law traditions have very different morphological legal forms, once a closer historical, cultural, and anthropological gaze is turned upon the legal formants involved, it can be seen that remoteness discloses a shared concern which may be common to many human societies and cultures. In other words, as a matter of social experience, humans who enter into transactions generally realise that it is impossible to know the future, or to know what all outcomes of the transaction will be. Consequently, it is recognised that it would be unfair and unjust to hold a defendant liable for all outcomes, and as our journey will show, legal systems seek guidance from other legal systems in their efforts to deal with this problem.","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136208599","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-10DOI: 10.1007/s11196-023-10061-8
Zakeera Docrat
{"title":"Language and Legal Proceedings: Analysing Courtroom Discourse in Cameroon","authors":"Zakeera Docrat","doi":"10.1007/s11196-023-10061-8","DOIUrl":"https://doi.org/10.1007/s11196-023-10061-8","url":null,"abstract":"","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136294025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-10DOI: 10.1007/s11196-023-10050-x
Kate Steel
Abstract The complexities of domestic abuse as both a lived experience and a crime generate unique communicative challenges at the scene of emergency police call-outs. Space is a prominent and complex feature of these ecounters, entailing a juxtaposition of the institutional and the private, whereby frontline officers seek evidence of abuse from victims in the same space in which the abuse occurred. This paper explores how speakers manage one evidentially salient aspect of these encounters: officers’ advancement into victim’s immediate personal space to inspect and photograph their injuries. As compared with the attention dedicated to preserving vulnerable victims’ personal ‘bubble’ of space in formal investigative interviews, first response guidelines allow participants more leeway to adapt their behaviour according to the unpredictable demands of each situation. I present two case studies here which form part of a wider study of first response call-outs to domestic abuse incidents reported to a UK police force. The audio data have been extracted from police body-worn video footage and transcribed, with visual information represented intralinearly. Through conversation analysis, I examine the microinteractional means by which personal space is made relevant and consequential to the unfolding talk, with a focus on how ownership rights and control over the space are (re)constructed discursively. Analysis demonstrates that entering victims’ personal space can be managed in ways that either reinforce their disempowered position or afford them some control. The findings have implications in relation to victims’ potential vulnerability, police-victim relations and the nature of the evidence produced.
{"title":"“Can I Have a Look?”: The Discursive Management of Victims’ Personal Space During Police First Response Call-Outs to Domestic Abuse Incidents","authors":"Kate Steel","doi":"10.1007/s11196-023-10050-x","DOIUrl":"https://doi.org/10.1007/s11196-023-10050-x","url":null,"abstract":"Abstract The complexities of domestic abuse as both a lived experience and a crime generate unique communicative challenges at the scene of emergency police call-outs. Space is a prominent and complex feature of these ecounters, entailing a juxtaposition of the institutional and the private, whereby frontline officers seek evidence of abuse from victims in the same space in which the abuse occurred. This paper explores how speakers manage one evidentially salient aspect of these encounters: officers’ advancement into victim’s immediate personal space to inspect and photograph their injuries. As compared with the attention dedicated to preserving vulnerable victims’ personal ‘bubble’ of space in formal investigative interviews, first response guidelines allow participants more leeway to adapt their behaviour according to the unpredictable demands of each situation. I present two case studies here which form part of a wider study of first response call-outs to domestic abuse incidents reported to a UK police force. The audio data have been extracted from police body-worn video footage and transcribed, with visual information represented intralinearly. Through conversation analysis, I examine the microinteractional means by which personal space is made relevant and consequential to the unfolding talk, with a focus on how ownership rights and control over the space are (re)constructed discursively. Analysis demonstrates that entering victims’ personal space can be managed in ways that either reinforce their disempowered position or afford them some control. The findings have implications in relation to victims’ potential vulnerability, police-victim relations and the nature of the evidence produced.","PeriodicalId":376841,"journal":{"name":"International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136352933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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