Released on Netflix, the most popular algorithm-oriented streaming service, The Social Dilemma (TSD) is a vivid manifestation of how the recent advancements in Artificial Intelligence and Machine Learning Algorithms (MLAs) have turned both to new species of post-digital, semio-cognitive power. Premised on the conception of MLAs as non-human intermediaries, this research endeavor proposes a novel post-digital ethnography of technologically-mediated algorithmic contexts and takes the challenge of examining MLAs as distributed, contested, and unbounded figures in the filmic narrative of this Netflix production. For the purpose, the paper employs post-digital cognitive-stylistic analytical tools, geared by van Leeuwen’s (de)-legitimation strategies, to showcase how MLAs, as socio-technical actors, are semio-cognitively materialized through spatio-temporal, narrative-immersive de-legitimating patterns. The examination of algorithms as socio-technical imaginary agents fully integrated within sociotechnical assemblages yields insightful findings. Delving deep into the multiple “posts” in the post-digital milieu of the film, the analysis affords valuable results that reframe, rename, and de-legitimate MLAs’ performative agency that is not only procedural-computational, but is socio-technical, semio-discursive, and cognitive-stylistic as well.
社交困境》（The Social Dilemma，简称 TSD）在最受欢迎的算法流媒体服务 Netflix 上映，生动展示了人工智能和机器学习算法（MLAs）的最新进展如何将二者转化为后数字、半认知力量的新物种。本研究以作为非人类中介的工作重点这一概念为前提，对以技术为媒介的算法语境提出了一种新的后数字人种学研究方法，并将工作重点作为 Netflix 出品的这部电影叙事中的分布式、有争议和无约束的人物形象进行研究。为此，本文采用了后数字认知风格分析工具，以 van Leeuwen 的（去）合法化策略为导向，展示了作为社会技术行为者的工作重点是如何通过时空、叙事浸入式的去合法化模式，在半认知状态下具体化的。算法作为社会技术的想象主体，完全融入了社会技术的组合之中，对算法的研究产生了富有洞察力的发现。深入研究影片后数字环境中的多个 "职位"，分析提供了有价值的结果，对工作重点的表演性代理进行了重构、重新命名和去合法化，这种代理不仅是程序性的计算代理，也是社会技术性的、半话语性的和认知风格性的代理。
{"title":"The de-legitimation of Machine Learning Algorithms (MLAs) in “The Social Dilemma” (2020): a post-digital cognitive-stylistic approach","authors":"Nashwa Elyamany","doi":"10.1515/ijld-2024-2003","DOIUrl":"https://doi.org/10.1515/ijld-2024-2003","url":null,"abstract":"\u0000 Released on Netflix, the most popular algorithm-oriented streaming service, The Social Dilemma (TSD) is a vivid manifestation of how the recent advancements in Artificial Intelligence and Machine Learning Algorithms (MLAs) have turned both to new species of post-digital, semio-cognitive power. Premised on the conception of MLAs as non-human intermediaries, this research endeavor proposes a novel post-digital ethnography of technologically-mediated algorithmic contexts and takes the challenge of examining MLAs as distributed, contested, and unbounded figures in the filmic narrative of this Netflix production. For the purpose, the paper employs post-digital cognitive-stylistic analytical tools, geared by van Leeuwen’s (de)-legitimation strategies, to showcase how MLAs, as socio-technical actors, are semio-cognitively materialized through spatio-temporal, narrative-immersive de-legitimating patterns. The examination of algorithms as socio-technical imaginary agents fully integrated within sociotechnical assemblages yields insightful findings. Delving deep into the multiple “posts” in the post-digital milieu of the film, the analysis affords valuable results that reframe, rename, and de-legitimate MLAs’ performative agency that is not only procedural-computational, but is socio-technical, semio-discursive, and cognitive-stylistic as well.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140683365","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}
This study examines a judicial opinion from an appellate court in the District of Columbia, in the United States, using membership categorization analysis. The appeal concerned the absence of an interpreter during the police interrogation of a person suspected of having committed a crime, and whether this absence violated a local law about the provision of interpreters. Deciding this appeal required the court to determine whether the defendant had met a statutory definition of “communication-impaired” persons who are entitled to interpretation services. I argue that, in determining whether the defendant fit into this legal category, the court discursively constructed two linguistic categories that helped support its ultimate disposition of the appeal. These linguistic categories were hierarchically positioned, with English speakers as a default and non-English speakers as somehow deficient or unable to fully function in society. The court’s opinion also contemplated a binary choice of a person being able to communicate in English fully, or not at all, with the possibility that a person might be proficient in English for some purposes, but not others, often presented as a concession or ancillary point. Taken as a whole, the category construction in the opinion suggests an ideology of English monolingualism, which belies a reality of multilingualism, code-shifting, and mixed linguistic identities.
{"title":"Language ideologies and speaker categorization: a case study from the U.S. legal system","authors":"John Terry Dundon","doi":"10.1515/ijld-2024-2007","DOIUrl":"https://doi.org/10.1515/ijld-2024-2007","url":null,"abstract":"\u0000 This study examines a judicial opinion from an appellate court in the District of Columbia, in the United States, using membership categorization analysis. The appeal concerned the absence of an interpreter during the police interrogation of a person suspected of having committed a crime, and whether this absence violated a local law about the provision of interpreters. Deciding this appeal required the court to determine whether the defendant had met a statutory definition of “communication-impaired” persons who are entitled to interpretation services. I argue that, in determining whether the defendant fit into this legal category, the court discursively constructed two linguistic categories that helped support its ultimate disposition of the appeal. These linguistic categories were hierarchically positioned, with English speakers as a default and non-English speakers as somehow deficient or unable to fully function in society. The court’s opinion also contemplated a binary choice of a person being able to communicate in English fully, or not at all, with the possibility that a person might be proficient in English for some purposes, but not others, often presented as a concession or ancillary point. Taken as a whole, the category construction in the opinion suggests an ideology of English monolingualism, which belies a reality of multilingualism, code-shifting, and mixed linguistic identities.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140688044","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}
The study investigates grammatical means of marking stance in Nigerian Supreme Court lead judgements. Specifically, it examines the frequency, form and stance functions of that-complement clauses in lead judgements using Du Bios’ stance triangle model (Du Bois, John. 2007. The stance triangle. In Englebretson Robert (ed.), Stancetaking in discourse: Subjectivity, evaluation, interaction, 139–177. Amsterdam: John Benjamins) and Biber’s (Biber, Douglas. 2006. University language: A corpus-based study of spoken and written registers. Amsterdam: John Benjamins) semantic domains of verbal and adjectival predicates controlling that-complement clauses. The study shows that that-complement clauses in the lead judgements are predominantly verb-based and they mainly signal epistemic and few alignment stances. Verb-based that-clauses are largely indexed by communication verbs which report prior stances, present the lead judges’ arguments and validate them. Adjective-based that-clauses signal evaluative and few affective stances. They are frequently signalled by certainty adjectives which express lead judges’ certitude on the issues argued. That-complement clauses signal few alignment stances and yet fewer affective ones, possibly due to judges’ need to assert their authoritative voice as experts in the discourse community. The frequency of certainty verbs and adjectives in the that-complement clauses underscores the centrality of certitude in judicial argumentation. I suggest that judgements are not only evaluative as has been noted in earlier studies but also epistemic based on the predominance of epistemic and certainty markers lexico-grammatically realised and indexed by verb and adjective based that-clauses.
本研究调查了尼日利亚最高法院主要判决中标记立场的语法手段。具体而言，研究采用杜比欧斯的立场三角模型（Du Bois, John.2007.The stance triangle.In Englebretson Robert (ed.), Stancetaking in discourse：主观性、评价、互动，139-177。阿姆斯特丹：John Benjamins）和比伯（Biber, Douglas.2006.University language：A corpus-based study of spoken and written registers.阿姆斯特丹：John Benjamins）的动词和形容词谓语的语义域控制着该补语从句。研究表明，主导判断中的that-补语从句主要以动词为基础，它们主要表示认识论立场，很少表示对齐立场。以动词为基础的that-clauses主要以交流动词为索引，这些动词报告先前的立场、提出主要法官的论点并验证这些论点。以形容词为基础的that-clauses表示评价立场，很少表示情感立场。它们通常由确定性形容词表示，这些形容词表达了主审法官对所争论问题的确定性。that-补语句表示的对齐立场较少，而情感立场较少，这可能是由于法官需要在话语社区中以专家的身份发出权威性的声音。确定性动词和形容词在that-complement分句中的出现频率强调了确定性在司法论证中的核心地位。我认为，判断不仅是评价性的，正如先前的研究中所指出的那样，而且也是认识性的，其依据是认识性和确定性标记在词汇语法上的主导地位，并以动词和形容词为基础的that-clauses为索引。
{"title":"That-complement clauses signalling stance in Nigerian Supreme Court lead judgements: a corpus-based study","authors":"Florence Oluwaseyi Daniel","doi":"10.1515/ijld-2024-2005","DOIUrl":"https://doi.org/10.1515/ijld-2024-2005","url":null,"abstract":"\u0000 The study investigates grammatical means of marking stance in Nigerian Supreme Court lead judgements. Specifically, it examines the frequency, form and stance functions of that-complement clauses in lead judgements using Du Bios’ stance triangle model (Du Bois, John. 2007. The stance triangle. In Englebretson Robert (ed.), Stancetaking in discourse: Subjectivity, evaluation, interaction, 139–177. Amsterdam: John Benjamins) and Biber’s (Biber, Douglas. 2006. University language: A corpus-based study of spoken and written registers. Amsterdam: John Benjamins) semantic domains of verbal and adjectival predicates controlling that-complement clauses. The study shows that that-complement clauses in the lead judgements are predominantly verb-based and they mainly signal epistemic and few alignment stances. Verb-based that-clauses are largely indexed by communication verbs which report prior stances, present the lead judges’ arguments and validate them. Adjective-based that-clauses signal evaluative and few affective stances. They are frequently signalled by certainty adjectives which express lead judges’ certitude on the issues argued. That-complement clauses signal few alignment stances and yet fewer affective ones, possibly due to judges’ need to assert their authoritative voice as experts in the discourse community. The frequency of certainty verbs and adjectives in the that-complement clauses underscores the centrality of certitude in judicial argumentation. I suggest that judgements are not only evaluative as has been noted in earlier studies but also epistemic based on the predominance of epistemic and certainty markers lexico-grammatically realised and indexed by verb and adjective based that-clauses.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140713118","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}
Repair is an integral part of every natural human discursive practice due to cognitive anxiety, stress, emotional valence, inability to recover words from one’s mental lexicon, slip of the tongue, among others. This study examined repair in Ghanaian judicial interactions using authentic judicial discourse data and working within the theoretical frameworks of conversational analysis and language and power. Results indicate that repairables include word search, correction proper and misstatements. Repair types included self-initiated self-repair, other-initiated other-repair, other-initiated self-repair, and other-initiated other-repair and self-repair. Linguistic and discourse-pragmatic strategies employed in initiating and carrying out repair include, pauses, sound prolongation, word/expression repetition, and morpho-syntactic and discourse-pragmatic features like yes-no questions, wh-questions, quantifiers, adjectives denoting exactness, pronouns, laughter, supportives, scolding via pejorative utterances, politeness/address forms, and calling on actors to abide by the courts’ moral code. In sum, repair is important on issues relating to understandability and interpretability of what judicial participants say, acceptable modes communication and their impact on facts needed to make cases judicable. Stakeholders in Ghanaian judicial practice and Ghanaian jurisprudence must take note of repair’s un-expendable nature in Ghanaian judicial discourse.
{"title":"Repair in Ghanaian judicial discourse","authors":"S. Obeng, Akua Campbell","doi":"10.1515/ijld-2024-2002","DOIUrl":"https://doi.org/10.1515/ijld-2024-2002","url":null,"abstract":"\u0000 Repair is an integral part of every natural human discursive practice due to cognitive anxiety, stress, emotional valence, inability to recover words from one’s mental lexicon, slip of the tongue, among others. This study examined repair in Ghanaian judicial interactions using authentic judicial discourse data and working within the theoretical frameworks of conversational analysis and language and power. Results indicate that repairables include word search, correction proper and misstatements. Repair types included self-initiated self-repair, other-initiated other-repair, other-initiated self-repair, and other-initiated other-repair and self-repair. Linguistic and discourse-pragmatic strategies employed in initiating and carrying out repair include, pauses, sound prolongation, word/expression repetition, and morpho-syntactic and discourse-pragmatic features like yes-no questions, wh-questions, quantifiers, adjectives denoting exactness, pronouns, laughter, supportives, scolding via pejorative utterances, politeness/address forms, and calling on actors to abide by the courts’ moral code. In sum, repair is important on issues relating to understandability and interpretability of what judicial participants say, acceptable modes communication and their impact on facts needed to make cases judicable. Stakeholders in Ghanaian judicial practice and Ghanaian jurisprudence must take note of repair’s un-expendable nature in Ghanaian judicial discourse.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140719030","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}
This paper proposes a novel approach to analysing the text organization of legal texts, specifically focusing on discourse patterning and recursion in the context of EU case law. The study investigates the discourse organization of the judgments of the Court of Justice of the European Union (CJEU) by exploring, in a data-driven analysis, the use of multiword expressions that occur with specific colligation properties. One peculiarity of CJEU judgments is that their structure is not readily visible since headings are unsystematically used. The application of the present approach demonstrated that discourse organization can be revealed in terms of discourse patterns, signalling devices, and by exploring the position of linguistic expressions in the text. The findings not only reveal concealed text organization units in CJEU judgments but also offer a methodological model for similar analyses in other legal and non-legal texts. The proposed model suggests an investigation of the interaction between metadiscourse (IMD), discourse patterns (DPD), and textual colligation, positing that when IMD and DPD exhibit textual colligation, they signal discourse patterning. This proposal connects two levels of text organization through textual correlation. The study further explores relations between discourse patterns in terms of the notion of recursion.
{"title":"Discourse patterning and recursion in the EU case law","authors":"Aleksandar Trklja","doi":"10.1515/ijld-2024-2004","DOIUrl":"https://doi.org/10.1515/ijld-2024-2004","url":null,"abstract":"\u0000 This paper proposes a novel approach to analysing the text organization of legal texts, specifically focusing on discourse patterning and recursion in the context of EU case law. The study investigates the discourse organization of the judgments of the Court of Justice of the European Union (CJEU) by exploring, in a data-driven analysis, the use of multiword expressions that occur with specific colligation properties. One peculiarity of CJEU judgments is that their structure is not readily visible since headings are unsystematically used. The application of the present approach demonstrated that discourse organization can be revealed in terms of discourse patterns, signalling devices, and by exploring the position of linguistic expressions in the text. The findings not only reveal concealed text organization units in CJEU judgments but also offer a methodological model for similar analyses in other legal and non-legal texts. The proposed model suggests an investigation of the interaction between metadiscourse (IMD), discourse patterns (DPD), and textual colligation, positing that when IMD and DPD exhibit textual colligation, they signal discourse patterning. This proposal connects two levels of text organization through textual correlation. The study further explores relations between discourse patterns in terms of the notion of recursion.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140716296","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}
{"title":"Interdisciplinary understanding of legal discourse: review of the law and critical discourse studies","authors":"Jian Li","doi":"10.1515/ijld-2024-2008","DOIUrl":"https://doi.org/10.1515/ijld-2024-2008","url":null,"abstract":"","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140739926","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}
As digital technology prevails in crimes, academic insights have expanded to diverse issues related to cybercrimes both in China and abroad. Various jurisdictions have made efforts to get cybercrime under control, in particular, fighting against the misuse of emerging technologies in cybercrimes. In the context of cross-border cybercrime, putting one region’s criminal growth down could not live without cross-border or cross-sector cooperation. With such understanding, this paper aims to conduct a comparative study of cross-border cybercrime publications to see the research trends from the divergence and convergence of academic studies inside and outside China. Specifically, using CiteSpace (6.2.R6), this study presents an extensive bibliometric analysis of cross-border cybercrime research published during the past three decades in Web of Science Core Collections and China National Knowledge Infrastructure (CNKI). The findings indicate the typical features of publications in different phases. Among others, the keywords analysis including cluster mapping and strongest burst reveals the research trend, which indicates that cross-border cybercrime is featured as possessing a complete industrial chain of online black market, with increasing application of high-tech tools and more connection with illicit financial flow. This study also examines barriers and touches upon the implications in the efficient fight against cross-border cybercrime, as well as the existing approaches like public-private partnership, mutual legal assistance and police cooperation, and global pathways to reducing conflicts among jurisdictions.
随着数字技术在犯罪中的盛行，国内外学术界对网络犯罪相关问题的研究也日益深入。各司法管辖区都在努力控制网络犯罪，特别是打击滥用新兴技术的网络犯罪。在跨境网络犯罪的背景下，遏制一个地区的犯罪增长离不开跨境或跨部门的合作。基于这样的认识，本文旨在对跨境网络犯罪的出版物进行比较研究，从国内外学术研究的分野与交汇中观察研究趋势。具体而言，本研究利用 CiteSpace（6.2.R6）对过去三十年中发表在 Web of Science 核心文库和中国国家知识基础设施（CNKI）上的跨境网络犯罪研究进行了广泛的文献计量分析。分析结果显示了不同阶段出版物的典型特征。其中，关键词分析包括聚类图谱和最强突发，揭示了研究趋势，表明跨境网络犯罪具有网络黑市产业链完整、高科技工具应用日益广泛、与非法资金流动联系更加紧密等特点。本研究还探讨了有效打击跨境网络犯罪的障碍和影响，以及现有的方法，如公私伙伴关系、司法互助和警务合作，以及减少司法管辖区之间冲突的全球途径。
{"title":"A bibliometric study of research trends in cross-border cybercrime","authors":"Yilin Zhao, Le Cheng","doi":"10.1515/ijld-2024-2001","DOIUrl":"https://doi.org/10.1515/ijld-2024-2001","url":null,"abstract":"\u0000 As digital technology prevails in crimes, academic insights have expanded to diverse issues related to cybercrimes both in China and abroad. Various jurisdictions have made efforts to get cybercrime under control, in particular, fighting against the misuse of emerging technologies in cybercrimes. In the context of cross-border cybercrime, putting one region’s criminal growth down could not live without cross-border or cross-sector cooperation. With such understanding, this paper aims to conduct a comparative study of cross-border cybercrime publications to see the research trends from the divergence and convergence of academic studies inside and outside China. Specifically, using CiteSpace (6.2.R6), this study presents an extensive bibliometric analysis of cross-border cybercrime research published during the past three decades in Web of Science Core Collections and China National Knowledge Infrastructure (CNKI). The findings indicate the typical features of publications in different phases. Among others, the keywords analysis including cluster mapping and strongest burst reveals the research trend, which indicates that cross-border cybercrime is featured as possessing a complete industrial chain of online black market, with increasing application of high-tech tools and more connection with illicit financial flow. This study also examines barriers and touches upon the implications in the efficient fight against cross-border cybercrime, as well as the existing approaches like public-private partnership, mutual legal assistance and police cooperation, and global pathways to reducing conflicts among jurisdictions.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140744931","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}
Based on relevance theory (RT), this study proposes translation by explicature (TE) as an approach for translating Sharia law texts. It recommends explicating such texts through various pragmatic processes, including saturation, disambiguation, reference resolution, and free enrichment. TE advises translators to approach the text interpretively, emphasizing its conceptual and procedural aspects, selecting elements based on the source text’s legal effect, and organizing the translation in accordance with the text’s purpose and legal impact. The study asserts that the selection of ST elements should adhere to the principle of relevance and be evaluated by establishing a context similar to that of the source text, while considering the principles of maximum cognitive effect and minimized processing effort for adequacy and validity.
{"title":"Translation by explicature: a form-based approach for translating legal texts","authors":"Sufyan Abuarrah","doi":"10.1515/ijld-2024-2006","DOIUrl":"https://doi.org/10.1515/ijld-2024-2006","url":null,"abstract":"\u0000 Based on relevance theory (RT), this study proposes translation by explicature (TE) as an approach for translating Sharia law texts. It recommends explicating such texts through various pragmatic processes, including saturation, disambiguation, reference resolution, and free enrichment. TE advises translators to approach the text interpretively, emphasizing its conceptual and procedural aspects, selecting elements based on the source text’s legal effect, and organizing the translation in accordance with the text’s purpose and legal impact. The study asserts that the selection of ST elements should adhere to the principle of relevance and be evaluated by establishing a context similar to that of the source text, while considering the principles of maximum cognitive effect and minimized processing effort for adequacy and validity.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2024-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140755263","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}
Abstract Based on a self-built corpus of Chinese cybersecurity legislation, this study explores the construction of China’s official cybersecurity discourse via deconstructing cybersecurity legislation from the perspective of system theory. Analysis focusing on the internal features of the discourse obtains the themes, actors, and legal relations in China’s cybersecurity legislation. Among four pairs of legal relations, system theory provides an explanation for the tension between public-private legal relationship and private-private legal relationship, that is, whether the legislative system chooses to delegate network operators with administrative function depends on how the system perceives the nature of cybersecurity issues and integrate new issues into securitization process. Furthermore, the external features of legislation discourse reveal the changes in the number of all levels of cybersecurity legislation. It is found that the coupling resonance of the political system and the legal system promotes the development of relevant legislation, and facilitates the self-development legislation system to transfer from diversified legislation to unified legislation.
{"title":"Constructing cybersecurity discourse via deconstructing legislation","authors":"Le Cheng, Jiaxuan Qiu, Yi Yang","doi":"10.1515/ijld-2023-2014","DOIUrl":"https://doi.org/10.1515/ijld-2023-2014","url":null,"abstract":"Abstract Based on a self-built corpus of Chinese cybersecurity legislation, this study explores the construction of China’s official cybersecurity discourse via deconstructing cybersecurity legislation from the perspective of system theory. Analysis focusing on the internal features of the discourse obtains the themes, actors, and legal relations in China’s cybersecurity legislation. Among four pairs of legal relations, system theory provides an explanation for the tension between public-private legal relationship and private-private legal relationship, that is, whether the legislative system chooses to delegate network operators with administrative function depends on how the system perceives the nature of cybersecurity issues and integrate new issues into securitization process. Furthermore, the external features of legislation discourse reveal the changes in the number of all levels of cybersecurity legislation. It is found that the coupling resonance of the political system and the legal system promotes the development of relevant legislation, and facilitates the self-development legislation system to transfer from diversified legislation to unified legislation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136229640","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}
Dariusz J. Gwiazdowicz, Aleksandra E. Matulewska, Mateusz Moszczyński
Abstract The paper focuses on the growing problem of human–wildlife conflicts that are reported in urbanized areas in the Republic of Poland. The twenty-first century is the period of increased synanthropization and synurbanization of animals. The presence of animals in urbanized areas has both advantages and disadvantages. On the one hand, contact with nature is considered beneficial for our psyche, but on the other hand wild animals damage property, participate in road collisions and sometimes pose threat to human health of life. Once the problems occur, citizens expect the authorities take some action. The aim of the paper is to present frequently conflicting social expectations concerning the problem at hand, legal solutions available and laws of nature. The research methods applied included: the analysis of legal provisions binding in the Republic of Poland combined with the interviews with representatives of institutions enforcing law in that respect, empirical observation of social attitudes and analyses of pertinent literature. The results reveals that inhabitants of cities in general opt for solutions that seem to be non-lethal for animals as they do not realize the risks involved for humans and animals. At the same time legal provisions are not sufficiently exhaustive to enable efficient problem solution.
{"title":"Between nature, law and social expectations – a case study of approaches to human–wildlife conflicts resulting from synanthropization and synurbanization in the Republic of Poland","authors":"Dariusz J. Gwiazdowicz, Aleksandra E. Matulewska, Mateusz Moszczyński","doi":"10.1515/ijld-2023-2016","DOIUrl":"https://doi.org/10.1515/ijld-2023-2016","url":null,"abstract":"Abstract The paper focuses on the growing problem of human–wildlife conflicts that are reported in urbanized areas in the Republic of Poland. The twenty-first century is the period of increased synanthropization and synurbanization of animals. The presence of animals in urbanized areas has both advantages and disadvantages. On the one hand, contact with nature is considered beneficial for our psyche, but on the other hand wild animals damage property, participate in road collisions and sometimes pose threat to human health of life. Once the problems occur, citizens expect the authorities take some action. The aim of the paper is to present frequently conflicting social expectations concerning the problem at hand, legal solutions available and laws of nature. The research methods applied included: the analysis of legal provisions binding in the Republic of Poland combined with the interviews with representatives of institutions enforcing law in that respect, empirical observation of social attitudes and analyses of pertinent literature. The results reveals that inhabitants of cities in general opt for solutions that seem to be non-lethal for animals as they do not realize the risks involved for humans and animals. At the same time legal provisions are not sufficiently exhaustive to enable efficient problem solution.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136229567","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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