Abstract This corpus-based study conducts detailed discourse analysis in the domain of enterprise cyber governance in the covid-19 era, with a self-built corpus containing textual discourse resources from nine typical digital technology companies and a reference corpus containing related official publications of the U.S. and the EU. Employing Fairclough’s three-dimensional model with steps of description, interpretation and explanation as the analytical framework, the authors investigate the discourse construction process for cyber governance in the business environment after the breakout of covid-19 epidemic. Based on theme and sample analysis, it is shown that the main concerns of the enterprise cyber governance discourse in the covid-19 era contain data breaches, information security, products and services, customers’ privacy and cyber espionage, and enterprises utilize a series of discursive strategies to (re)contextualize the linguistic realization. Combined with Halliday’s sociosemiotic theory, certain discursive practices are further explained in the social semiotic system as a whole, including the tenor, field and mode under the context of covid-19 epidemic. The contextual analysis proves that such strategies serve as the channels to legitimate the authority of the addressors (enterprises) over the cybersecurity of the main addressees (customers), which is further realized in certain context (situation), including two types of bidirectional relationships enterprises, customers and governments. The findings confirm that the linkage between a signifier and its signified can be realized by contextualization and (re)contextualization, and certain discourse can be materially realized by integrating the semiotic resources in the broader social context. This interdisciplinary study not only provides valuable insights for the domain of discourse and sociosemiotic studies, but also creates a new approach to the studies of cyber governance in the synchronic context.
{"title":"Exploring the discourse of enterprise cyber governance in the covid-19 era: a sociosemiotic perspective","authors":"Chunlei Si, Liu Yuxin","doi":"10.1515/ijld-2022-2064","DOIUrl":"https://doi.org/10.1515/ijld-2022-2064","url":null,"abstract":"Abstract This corpus-based study conducts detailed discourse analysis in the domain of enterprise cyber governance in the covid-19 era, with a self-built corpus containing textual discourse resources from nine typical digital technology companies and a reference corpus containing related official publications of the U.S. and the EU. Employing Fairclough’s three-dimensional model with steps of description, interpretation and explanation as the analytical framework, the authors investigate the discourse construction process for cyber governance in the business environment after the breakout of covid-19 epidemic. Based on theme and sample analysis, it is shown that the main concerns of the enterprise cyber governance discourse in the covid-19 era contain data breaches, information security, products and services, customers’ privacy and cyber espionage, and enterprises utilize a series of discursive strategies to (re)contextualize the linguistic realization. Combined with Halliday’s sociosemiotic theory, certain discursive practices are further explained in the social semiotic system as a whole, including the tenor, field and mode under the context of covid-19 epidemic. The contextual analysis proves that such strategies serve as the channels to legitimate the authority of the addressors (enterprises) over the cybersecurity of the main addressees (customers), which is further realized in certain context (situation), including two types of bidirectional relationships enterprises, customers and governments. The findings confirm that the linkage between a signifier and its signified can be realized by contextualization and (re)contextualization, and certain discourse can be materially realized by integrating the semiotic resources in the broader social context. This interdisciplinary study not only provides valuable insights for the domain of discourse and sociosemiotic studies, but also creates a new approach to the studies of cyber governance in the synchronic context.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"56 1","pages":"53 - 82"},"PeriodicalIF":1.5,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86728632","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 The issue of informational privacy emerged from the modern, technological landscape during the fin de siècle. The novelist Henry James approached this issue in his letters and novella In the Cage (1898), concurrent with lawyers Samuel Warren and Louis Brandeis’s seminal legal discourse of the right to privacy. Despite the time affinity, James had recourse to the power of societal ethos in his works to unravel privacy issues, which diverged from the lawyers’ demand for legal rights. Still, the concurrence and divergence over informational privacy resonate in examining the tripartite relationship among informational privacy, modern technology and humans’ freedom. By analysing the epistemological dimensions of informational privacy and a crucial scene of trial in James’s In the Cage, this article argues that the protagonist’s choice to stay in or out of the informational “cage” invites the reader to reconsider between and beyond the private sphere and the public sphere. Privacy as a moral or legal right is dependent on the dynamics between the desire to know and the intention of intrusion as well as the negotiation between the public and private spheres. Tracing how the privacy issue emerged in the historical context, we hold that James’s text as the interface of law and literature echoes the texture of moral and legal complexity in today’s informational privacy issues.
{"title":"In and out of the cage: informational privacy in Henry James’s In the Cage","authors":"Fan Fang, Xiangjian Hao","doi":"10.1515/ijld-2022-2069","DOIUrl":"https://doi.org/10.1515/ijld-2022-2069","url":null,"abstract":"Abstract The issue of informational privacy emerged from the modern, technological landscape during the fin de siècle. The novelist Henry James approached this issue in his letters and novella In the Cage (1898), concurrent with lawyers Samuel Warren and Louis Brandeis’s seminal legal discourse of the right to privacy. Despite the time affinity, James had recourse to the power of societal ethos in his works to unravel privacy issues, which diverged from the lawyers’ demand for legal rights. Still, the concurrence and divergence over informational privacy resonate in examining the tripartite relationship among informational privacy, modern technology and humans’ freedom. By analysing the epistemological dimensions of informational privacy and a crucial scene of trial in James’s In the Cage, this article argues that the protagonist’s choice to stay in or out of the informational “cage” invites the reader to reconsider between and beyond the private sphere and the public sphere. Privacy as a moral or legal right is dependent on the dynamics between the desire to know and the intention of intrusion as well as the negotiation between the public and private spheres. Tracing how the privacy issue emerged in the historical context, we hold that James’s text as the interface of law and literature echoes the texture of moral and legal complexity in today’s informational privacy issues.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"28 1","pages":"195 - 213"},"PeriodicalIF":1.5,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85182590","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}
Ina Francesca G. Deuna, Rachelle Ballesteros-Lintao
Abstract In courtroom discourses, evaluative language serves a pivotal role in assessing witnesses for determining the credibility of the testimonies provided and consequently influencing the outcome of the trial. Adopting the appraisal framework, this paper conducted a case study to examine the attitude resources used by court participants in a Philippine drug trial to determine the presence and use of evaluations in courtroom discourse, particularly across trial stages. Results showed that JUDGMENT is the most prevalent valuation in the study with its sub-system Tenacity scoring the highest frequency, followed by APPRECIATION and its sub-category valuation, while AFFECT was uncommon in the trial. The attitude items were also found to be most prevalent in the direct-examination and cross-examination stages to highlight the following: the knowledge of the witnesses on the incident, their involvement in the incident, and the sources of their information. It also showed the adherence of the judge to the principle of neutrality as the decision focused on the legal norms of the facts of the case. The results also attest that ‘legality’ is a distinct feature of the evaluative language in courtroom discourse.
{"title":"The language of evaluation in a Philippine drug trial: an appraisal framework perspective","authors":"Ina Francesca G. Deuna, Rachelle Ballesteros-Lintao","doi":"10.1515/ijld-2022-2068","DOIUrl":"https://doi.org/10.1515/ijld-2022-2068","url":null,"abstract":"Abstract In courtroom discourses, evaluative language serves a pivotal role in assessing witnesses for determining the credibility of the testimonies provided and consequently influencing the outcome of the trial. Adopting the appraisal framework, this paper conducted a case study to examine the attitude resources used by court participants in a Philippine drug trial to determine the presence and use of evaluations in courtroom discourse, particularly across trial stages. Results showed that JUDGMENT is the most prevalent valuation in the study with its sub-system Tenacity scoring the highest frequency, followed by APPRECIATION and its sub-category valuation, while AFFECT was uncommon in the trial. The attitude items were also found to be most prevalent in the direct-examination and cross-examination stages to highlight the following: the knowledge of the witnesses on the incident, their involvement in the incident, and the sources of their information. It also showed the adherence of the judge to the principle of neutrality as the decision focused on the legal norms of the facts of the case. The results also attest that ‘legality’ is a distinct feature of the evaluative language in courtroom discourse.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"42 1","pages":"163 - 193"},"PeriodicalIF":1.5,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76800658","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":"Verena, Klappstein and Maciej Dybowski: theory of legal evidence—Evidence in legal theory","authors":"Yanping Liu, Furui Wang","doi":"10.1515/ijld-2022-2070","DOIUrl":"https://doi.org/10.1515/ijld-2022-2070","url":null,"abstract":"","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"51 1","pages":"215 - 222"},"PeriodicalIF":1.5,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75575191","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 This study examines the commercial law context in which two different law firms representing the same company client engaged in hegemonic discourses to establish control over the provision of legal services for an international Merger and Acquisition (M&A) transaction, which was negotiated across different European jurisdictions in English. The ability to construct and maintain discursive hegemony can help strengthen a dominant position for lawyers in a competitive market for professional services. For this type of professional activity, discursive hegemony relates to power that is achieved through discourse expertise, and the way it was used to prioritize legal advice about a contentious issue and persuade the other discourse participants to accept it. Discourse expertise involves the ability to access and leverage disciplinary knowledge and deploy a range of discursive-communicative strategies to deal with contested orders of interactional discourse. In conjunction with discourse and genre analysis of authentic negotiation documents and emails sourced from one of the participating law firms in Istanbul, the research process involved on-site interviews at the law firm to obtain grounded explanations of the discursive strategies and practices used by lawyers actually involved in the M&A negotiation process. This ethnographic research also revealed how hegemonic features of discourse expertise are operationalized under the law firm’s mentoring system to the point where they become embedded in its disciplinary culture and professional reputation.
{"title":"The use of discourse expertise to control the provision of legal services and establish discursive hegemony in commercial law practice: a case study from Europe","authors":"Anthony Townley","doi":"10.1515/ijld-2022-2062","DOIUrl":"https://doi.org/10.1515/ijld-2022-2062","url":null,"abstract":"Abstract This study examines the commercial law context in which two different law firms representing the same company client engaged in hegemonic discourses to establish control over the provision of legal services for an international Merger and Acquisition (M&A) transaction, which was negotiated across different European jurisdictions in English. The ability to construct and maintain discursive hegemony can help strengthen a dominant position for lawyers in a competitive market for professional services. For this type of professional activity, discursive hegemony relates to power that is achieved through discourse expertise, and the way it was used to prioritize legal advice about a contentious issue and persuade the other discourse participants to accept it. Discourse expertise involves the ability to access and leverage disciplinary knowledge and deploy a range of discursive-communicative strategies to deal with contested orders of interactional discourse. In conjunction with discourse and genre analysis of authentic negotiation documents and emails sourced from one of the participating law firms in Istanbul, the research process involved on-site interviews at the law firm to obtain grounded explanations of the discursive strategies and practices used by lawyers actually involved in the M&A negotiation process. This ethnographic research also revealed how hegemonic features of discourse expertise are operationalized under the law firm’s mentoring system to the point where they become embedded in its disciplinary culture and professional reputation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"18 1","pages":"1 - 31"},"PeriodicalIF":1.5,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79670305","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 Cyberspace, with the rapidly growing network of users and communication technologies, provides venues for myriad social and political interactions. The very technology that enables the development of cyberspace itself also makes detailed and cumulative observation possible. This study aims to investigate cyber discourse in the context of China from the perspective of political and legal integration. Theoretical insight is transformed from viewing cyberspace as a research object to regarding it as a research ontology. To fill in this uncharted domain, this study aims to examine (a) the hidden connotations of the political discourse in cyberspace, (b) the new features of legal regulation in cyberspace, and (c) the relation between political discourse and legal practice. Centering on both political and legal discourse on cyberspace, the findings of this study indicate that there is a dialectical relationship between political discourse and legal practice in cyberspace. With the findings, this study contributes to the discursive construction by extending the discourse studies into cyberspace and integrating the discourse studies with politics and law.
{"title":"Exploring Chinese cyber discourse: integrating political and legal perspectives","authors":"Le Cheng, Xiuli Liu","doi":"10.1515/ijld-2022-2063","DOIUrl":"https://doi.org/10.1515/ijld-2022-2063","url":null,"abstract":"Abstract Cyberspace, with the rapidly growing network of users and communication technologies, provides venues for myriad social and political interactions. The very technology that enables the development of cyberspace itself also makes detailed and cumulative observation possible. This study aims to investigate cyber discourse in the context of China from the perspective of political and legal integration. Theoretical insight is transformed from viewing cyberspace as a research object to regarding it as a research ontology. To fill in this uncharted domain, this study aims to examine (a) the hidden connotations of the political discourse in cyberspace, (b) the new features of legal regulation in cyberspace, and (c) the relation between political discourse and legal practice. Centering on both political and legal discourse on cyberspace, the findings of this study indicate that there is a dialectical relationship between political discourse and legal practice in cyberspace. With the findings, this study contributes to the discursive construction by extending the discourse studies into cyberspace and integrating the discourse studies with politics and law.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"4 1","pages":"33 - 52"},"PeriodicalIF":1.5,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88354143","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}
Intertemporal treaty interpretation has undergone decades of discussion with few consensuses being reached. In this background, interdisciplinary analysis has come to the stage and injects innovation into treaty interpretation. According to Julian Wyatt’s Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation, treaty terms can be divided according to semantic features with temporal sense-intention (TSI) examined, based on which one can figure out whether dynamic or static interpretation shall be applied. It offers systematic guidelines and new solutions to intertemporal treaty interpretation, which is conducive to promoting international rule of law.
{"title":"Julian Wyatt (2019): intertemporal linguistics in international law: beyond contemporaneous and evolutionary treaty interpretation","authors":"Xiyao Bian, Jun Zhao","doi":"10.1515/ijld-2021-2061","DOIUrl":"https://doi.org/10.1515/ijld-2021-2061","url":null,"abstract":"\u0000 Intertemporal treaty interpretation has undergone decades of discussion with few consensuses being reached. In this background, interdisciplinary analysis has come to the stage and injects innovation into treaty interpretation. According to Julian Wyatt’s Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation, treaty terms can be divided according to semantic features with temporal sense-intention (TSI) examined, based on which one can figure out whether dynamic or static interpretation shall be applied. It offers systematic guidelines and new solutions to intertemporal treaty interpretation, which is conducive to promoting international rule of law.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"82 1","pages":"391 - 398"},"PeriodicalIF":1.5,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83994062","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 Digital technologies have transformed our lives with unimaginable speed and scale, delivering immense opportunities and daunting challenges and leading to the birth of the digital economy. China and the United States (US) are two leading countries in the digital economy in both size and growth rate. This study employs both quantitative and qualitative methods to investigate the similarities and differences between the US and Chinese legislation from a sociosemiotic perspective. By comparing the high frequency words in the two purpose-built corpora, it can be noted that as digital economy, a social sign, has the characteristics of spatiality and temporality. The US federal legislation related to digital economy focuses more on security and protection and has more specific regulations in individual industries, while Chinese legislation is more concerned with the strategy and guideline of development of industries and technologies in digital economy. In the meantime, information infrastructure and information and communication technologies are identified as the foundation and core elements shared in the two countries’ digital economies. Such a corpus-based sociosemiotic exploration of digital economy can shed light on relevant studies in the discourse analysis of legal texts.
{"title":"Exploring digital economy: a sociosemiotic perspective","authors":"Ming Hu, Xitao Hu, Le Cheng","doi":"10.1515/ijld-2021-2053","DOIUrl":"https://doi.org/10.1515/ijld-2021-2053","url":null,"abstract":"Abstract Digital technologies have transformed our lives with unimaginable speed and scale, delivering immense opportunities and daunting challenges and leading to the birth of the digital economy. China and the United States (US) are two leading countries in the digital economy in both size and growth rate. This study employs both quantitative and qualitative methods to investigate the similarities and differences between the US and Chinese legislation from a sociosemiotic perspective. By comparing the high frequency words in the two purpose-built corpora, it can be noted that as digital economy, a social sign, has the characteristics of spatiality and temporality. The US federal legislation related to digital economy focuses more on security and protection and has more specific regulations in individual industries, while Chinese legislation is more concerned with the strategy and guideline of development of industries and technologies in digital economy. In the meantime, information infrastructure and information and communication technologies are identified as the foundation and core elements shared in the two countries’ digital economies. Such a corpus-based sociosemiotic exploration of digital economy can shed light on relevant studies in the discourse analysis of legal texts.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"42 1","pages":"181 - 202"},"PeriodicalIF":1.5,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91391640","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 This study visualizes the international cyberspace sovereignty studies collected in Web of Science Core Collection to construct knowledge bases, development status, and dynamic trends drawing on scientometric method by instrument CiteSpace (5.7.R5). The findings show that the international studies on cyberspace sovereignty have phased and interdisciplinary characteristics. Its research theories, perspectives, and methods will be affected by practical and legal environment in the international contexts. Additionally, this study discusses its rationality to gain the concept through temporal evolution, spatial variation, and linguistic rank; explores its legitimacy through existing necessity, Common Law of Nature spirit and Positive Law foundation; and finally puts forward its implementation path. Furthermore, the logical basis and jurisprudential basis have established the status of cyberspace sovereignty in international law.
摘要本研究利用CiteSpace (5.7.R5)软件对Web of Science核心馆藏的国际网络空间主权研究进行可视化处理，构建知识库、发展现状和动态趋势。研究结果表明，网络空间主权的国际研究具有阶段性和跨学科的特点。其研究理论、视角和方法将受到国际背景下实践环境和法律环境的影响。此外，本文还从时间演化、空间变异和语言等级三个方面探讨了该概念获得的合理性;从存在必要性、普通法自然法精神和实在法基础三个方面探讨其合法性;最后提出了其实施路径。此外，网络空间主权的逻辑基础和法理基础确立了其在国际法中的地位。
{"title":"Visualizing international studies on cyberspace sovereignty: concept, rationality, and legitimacy","authors":"Jianzhong Shi, Ming Xu","doi":"10.1515/ijld-2021-2056","DOIUrl":"https://doi.org/10.1515/ijld-2021-2056","url":null,"abstract":"Abstract This study visualizes the international cyberspace sovereignty studies collected in Web of Science Core Collection to construct knowledge bases, development status, and dynamic trends drawing on scientometric method by instrument CiteSpace (5.7.R5). The findings show that the international studies on cyberspace sovereignty have phased and interdisciplinary characteristics. Its research theories, perspectives, and methods will be affected by practical and legal environment in the international contexts. Additionally, this study discusses its rationality to gain the concept through temporal evolution, spatial variation, and linguistic rank; explores its legitimacy through existing necessity, Common Law of Nature spirit and Positive Law foundation; and finally puts forward its implementation path. Furthermore, the logical basis and jurisprudential basis have established the status of cyberspace sovereignty in international law.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"66 1","pages":"251 - 289"},"PeriodicalIF":1.5,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72656202","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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