Abstract Modern legal systems’ efficacy and self-consistency rely upon semantic/cultural conditions that they do not engender and are unable to maintain without resorting to the cognitive provisions gushing out from freedom—this is the preliminary assumption of this essay. Some factors play a generative role in this direction. The cornerstone of legal modernity is the ‘exteriority’ of law. This means that legal qualifications have to draw from the morphological appearances of human behaviors and relate to only their empirical/factual signification and consequences. The domain of intentions, the internal forum, is out of law’s cognitive reach. The whole grammar of modern liberties is somehow imbued with the idea that freedom can exist only insofar as a ‘zone’ of behavioral autonomy is granted by means of objectively determined rights and duties. The formal features of these rights and their pragmatic implications cannot therefore be opined just because their exterior significance allegedly assures a shelter for individual freedom. In a sense, freedom is considered as an epiphenomenon of the protection afforded by the past reification of rights. The ensuing silent assumption is that should freedom redefine the content and the objective behavioral implementations of those rights, it would annihilate itself. What this approach overwrites, however, is that the morphological appearances of gestures and things stem from cultural and inter-subjective-discursive activities—a kind of semantic social contract—that can never be considered accomplished once and for all. This is because the very molding of the shapes and features of morphological appearances implies that freedom, viz. a non-indifferent differing is at work. But freedom, in turn, is a ‘phenomenon’ the origin of which dwells in the individuals’ internal forum, their own experiences, including their mnestic environment and the semiotic crossroads that constitute their minds. Nevertheless, legal terminological apparatuses—as shown above—are treated/used as systems of signs that encapsulate a semantic discontinuity in their legitimacy, a setback in the definition not only of what it is to be, but also the factual dimension to which legal categorizations implicitly refer. This discontinuity is often passed off as an objectivity normatively granted and absorbed by legal language that includes not only the meanings of what ‘ought to be’ but—silently—even of what ‘is.’ The exteriority of modern law and the objectivity of the related morphological assumption make up, therefore, the lexicon of ‘an’ equality somehow immunized against freedom and its semantic-political differentiating significance. The equality of differences before the law, but not inside the law, is the Kafkian liberticidal and mystifying outcome of the above Cartesian-fashioned misuse of law’s mythologized exteriority/objectivity and the epistemological sleight of hand for which such a binomial paves the way. The paper will analyze the
{"title":"Otherness, elsewhere, and the 'Ecology' of law's implications: The semiotic oceans surrounding legal signification and its discriminatory exteriority/objectivity","authors":"M. Ricca","doi":"10.1515/ijld-2020-2034","DOIUrl":"https://doi.org/10.1515/ijld-2020-2034","url":null,"abstract":"Abstract Modern legal systems’ efficacy and self-consistency rely upon semantic/cultural conditions that they do not engender and are unable to maintain without resorting to the cognitive provisions gushing out from freedom—this is the preliminary assumption of this essay. Some factors play a generative role in this direction. The cornerstone of legal modernity is the ‘exteriority’ of law. This means that legal qualifications have to draw from the morphological appearances of human behaviors and relate to only their empirical/factual signification and consequences. The domain of intentions, the internal forum, is out of law’s cognitive reach. The whole grammar of modern liberties is somehow imbued with the idea that freedom can exist only insofar as a ‘zone’ of behavioral autonomy is granted by means of objectively determined rights and duties. The formal features of these rights and their pragmatic implications cannot therefore be opined just because their exterior significance allegedly assures a shelter for individual freedom. In a sense, freedom is considered as an epiphenomenon of the protection afforded by the past reification of rights. The ensuing silent assumption is that should freedom redefine the content and the objective behavioral implementations of those rights, it would annihilate itself. What this approach overwrites, however, is that the morphological appearances of gestures and things stem from cultural and inter-subjective-discursive activities—a kind of semantic social contract—that can never be considered accomplished once and for all. This is because the very molding of the shapes and features of morphological appearances implies that freedom, viz. a non-indifferent differing is at work. But freedom, in turn, is a ‘phenomenon’ the origin of which dwells in the individuals’ internal forum, their own experiences, including their mnestic environment and the semiotic crossroads that constitute their minds. Nevertheless, legal terminological apparatuses—as shown above—are treated/used as systems of signs that encapsulate a semantic discontinuity in their legitimacy, a setback in the definition not only of what it is to be, but also the factual dimension to which legal categorizations implicitly refer. This discontinuity is often passed off as an objectivity normatively granted and absorbed by legal language that includes not only the meanings of what ‘ought to be’ but—silently—even of what ‘is.’ The exteriority of modern law and the objectivity of the related morphological assumption make up, therefore, the lexicon of ‘an’ equality somehow immunized against freedom and its semantic-political differentiating significance. The equality of differences before the law, but not inside the law, is the Kafkian liberticidal and mystifying outcome of the above Cartesian-fashioned misuse of law’s mythologized exteriority/objectivity and the epistemological sleight of hand for which such a binomial paves the way. The paper will analyze the ","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"28 1","pages":"185 - 237"},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77845396","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 Several studies have recently discussed legal translation beyond the transfer of equivalent linguistic and terminological features from a source language to a target language. Such perspectives can provide linguistics, translators and legislators with a framework for translating outside events of social life, including its demands, knowledge, wishes and cultural developments throughout periods of time into legal discourse. In this paper, we aim to discuss a broader approach of legal translation to depict how public policies on affirmative action have been introduced in Brazil in the light of institutionalization and further instrumentalization by law. In particular, we make an attempt to show how domestic legislation is translated and enacted considering both the context (as the source ‘language’) and legal discourse (as the target language). Our claim is that the process entails a transformation or translation of context (common sense achieved by society) into legal discourse (law) by means of categorization of everyday concepts into legal concepts to meet both the socioeconomic and historical contexts at hand and the framework of written law. The analysis is based on the Rio de Janeiro state law 5346/2008, a landmark law ruling affirmative action in Brazil insofar as it expands the categories of beneficiaries – the so-called quotistas – taking into consideration the social, political and economic context then. In addition, we argue that the criterion of categorization is not arbitrary but is rather cultural, economic and historically driven and objectivates the human production of a role identity of the beneficiaries beyond subjective intentions. To conclude, this analysis was only made possible with the contribution of more comprehensive viewpoints on legal translation and the role played by social perceptions in the translatability of domestic legislation in monolingual jurisdictions.
{"title":"The translation of affirmative action into legal discourse in Brazil","authors":"Celina Frade","doi":"10.1515/ijld-2020-2040","DOIUrl":"https://doi.org/10.1515/ijld-2020-2040","url":null,"abstract":"Abstract Several studies have recently discussed legal translation beyond the transfer of equivalent linguistic and terminological features from a source language to a target language. Such perspectives can provide linguistics, translators and legislators with a framework for translating outside events of social life, including its demands, knowledge, wishes and cultural developments throughout periods of time into legal discourse. In this paper, we aim to discuss a broader approach of legal translation to depict how public policies on affirmative action have been introduced in Brazil in the light of institutionalization and further instrumentalization by law. In particular, we make an attempt to show how domestic legislation is translated and enacted considering both the context (as the source ‘language’) and legal discourse (as the target language). Our claim is that the process entails a transformation or translation of context (common sense achieved by society) into legal discourse (law) by means of categorization of everyday concepts into legal concepts to meet both the socioeconomic and historical contexts at hand and the framework of written law. The analysis is based on the Rio de Janeiro state law 5346/2008, a landmark law ruling affirmative action in Brazil insofar as it expands the categories of beneficiaries – the so-called quotistas – taking into consideration the social, political and economic context then. In addition, we argue that the criterion of categorization is not arbitrary but is rather cultural, economic and historically driven and objectivates the human production of a role identity of the beneficiaries beyond subjective intentions. To conclude, this analysis was only made possible with the contribution of more comprehensive viewpoints on legal translation and the role played by social perceptions in the translatability of domestic legislation in monolingual jurisdictions.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"91 8","pages":"343 - 357"},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/ijld-2020-2040","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72420515","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 Legal translation training involves the acquisition and development of a set of sub-competences that constitute legal translation competence (Cao, Deborah. 2007. Translating law. Clevedon: Multilingual Matters; Prieto Ramos, Fernando. 2011. Developing legal translation competence: An integrative process-oriented approach. Comparative Legilinguistics. International Journal for Legal Communications 5. 7–21; Piecychna, Beata. 2013. Legal translation competence in the light of translational hermeneutics. Studies in Logic, Grammar and Rhetoric 34(47). 141–159; Soriano Barabino, Guadalupe. 2016. Comparative law for legal translators. Oxford: Peter Lang; Soriano Barabino, Guadalupe. 2018. La formación del traductor jurídico: Análisis de la competencia traductora en traducción jurídica y propuesta de programa formativo. Quaderns: Revista de Traduccio 25. 217–229). The development of those sub-competences is part of a complex process where students are faced with different concepts and translation strategies and techniques which are not necessarily easy to grasp for trainee translators (Way, Catherine. 2014. Structuring a legal translation course: A framework for decision-making in legal translation training. In Le Cheng, King Kui Sin & Anne Wagner (eds.), The Ashgate handbook of legal translation. Farnham: Ashgate), particularly when applied to a legal context. It is our experience that translation students tend to focus on the product (text production) and do not spend enough time analysing the source text, which results in obvious mistakes in mainly – but not only – cultural (legal), textual and linguistic aspects. The interdisciplinary nature of legal translation calls for an integrative model for teaching and learning. The model presented provides trainees with a framework for source text analysis that places the communicative situation and the translation brief at the core from which three fundamental dimensions, based on the aspects mentioned above, develop. Elements such as the legal cultures involved, legal text typologies or the level of specialisation of terms and discourse are some of the aspects to be considered, so allowing trainees to achieve a thorough understanding of the source text for a conscious translation. The model will be applied to a specific source text and translation brief.
法律翻译培训涉及到一系列构成法律翻译能力的子能力的习得和发展(Cao, Deborah. 2007)。法律翻译。克利夫登:多语言事务;费尔南多·普列托·拉莫斯，2011。法律翻译能力的培养:以过程为导向的综合方法。比较Legilinguistics。国际法律传播杂志5。7-21;piecychina, 2013。翻译解释学视野下的法律翻译能力。逻辑语法修辞学34(47)。141 - 159;索里亚诺·巴拉比诺，瓜达卢佩，2016。法律翻译的比较法。牛津大学:彼得·朗;索里亚诺·巴拉比诺，瓜达卢佩，2018。La formación del traductor jurídico: Análisis de La competencia traductora en traducción jurídica y propuesta de programa formation。四分之一:《行业回顾》217 - 229)。这些子能力的发展是一个复杂过程的一部分，在这个过程中，学生们面临着不同的概念、翻译策略和技巧，这些对于实习翻译人员来说不一定容易掌握(Way, Catherine. 2014)。构建法律翻译课程:法律翻译培训中的决策框架。见乐成、王奎仙、安妮·瓦格纳主编，《阿什盖特法律翻译手册》。Farnham: Ashgate)，尤其是在法律语境中。根据我们的经验，翻译学生往往把注意力集中在产品(文本生产)上，而没有花足够的时间分析源文本，这导致了明显的错误，主要是文化(法律)、文本和语言方面的错误，但不仅如此。法律翻译的跨学科性质要求教学模式与学习模式相结合。该模型为学员提供了一个以交际情境和译文摘要为核心的源语分析框架，并在此基础上发展出基于上述方面的三个基本维度。所涉及的法律文化、法律文本类型学或术语和话语的专业化水平等因素是需要考虑的一些方面，因此允许学员对源文本进行有意识的翻译，从而实现对源文本的透彻理解。该模型将应用于特定的源文本和翻译摘要。
{"title":"Cultural, textual and linguistic aspects of legal translation: A model of text analysis for training legal translators","authors":"Guadalupe Soriano Barabino","doi":"10.1515/ijld-2020-2037","DOIUrl":"https://doi.org/10.1515/ijld-2020-2037","url":null,"abstract":"Abstract Legal translation training involves the acquisition and development of a set of sub-competences that constitute legal translation competence (Cao, Deborah. 2007. Translating law. Clevedon: Multilingual Matters; Prieto Ramos, Fernando. 2011. Developing legal translation competence: An integrative process-oriented approach. Comparative Legilinguistics. International Journal for Legal Communications 5. 7–21; Piecychna, Beata. 2013. Legal translation competence in the light of translational hermeneutics. Studies in Logic, Grammar and Rhetoric 34(47). 141–159; Soriano Barabino, Guadalupe. 2016. Comparative law for legal translators. Oxford: Peter Lang; Soriano Barabino, Guadalupe. 2018. La formación del traductor jurídico: Análisis de la competencia traductora en traducción jurídica y propuesta de programa formativo. Quaderns: Revista de Traduccio 25. 217–229). The development of those sub-competences is part of a complex process where students are faced with different concepts and translation strategies and techniques which are not necessarily easy to grasp for trainee translators (Way, Catherine. 2014. Structuring a legal translation course: A framework for decision-making in legal translation training. In Le Cheng, King Kui Sin & Anne Wagner (eds.), The Ashgate handbook of legal translation. Farnham: Ashgate), particularly when applied to a legal context. It is our experience that translation students tend to focus on the product (text production) and do not spend enough time analysing the source text, which results in obvious mistakes in mainly – but not only – cultural (legal), textual and linguistic aspects. The interdisciplinary nature of legal translation calls for an integrative model for teaching and learning. The model presented provides trainees with a framework for source text analysis that places the communicative situation and the translation brief at the core from which three fundamental dimensions, based on the aspects mentioned above, develop. Elements such as the legal cultures involved, legal text typologies or the level of specialisation of terms and discourse are some of the aspects to be considered, so allowing trainees to achieve a thorough understanding of the source text for a conscious translation. The model will be applied to a specific source text and translation brief.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"28 1","pages":"285 - 300"},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75954770","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}
Le Cheng, Xitao Hu, Aleksandra Matulewska, A. Wagner
Abstract With the wide application of Internet, the negative sides related to cyberspace become prominent, including cyberbullying. In such a sense, it is necessary to delimit and define cyberbullying as one important legal term for some relevant cybercrimes. Cyberbullying, in its different forms, is common among children and adolescents, and is facilitated by the increased use of technology. But there is no global legal definition and standard in this area. The authors consider it significant to take into account the international perspective of instrumentalization of law in respect of cyberbullying, which may lead to the formulation of such a definition. This article first explores the definitions, legal mechanisms and its relevant laws in the US, the EU and China to find out their similarities and differences. It is found that cyberbullying as a sign is socially-constituted, is interpreted differently in various jurisdictions, which indicates that the exploration of a sign should be located within and is intertwined with social, cultural and historical backgrounds. This research, as a case study, also provides useful implications for the understanding and interpretation of legal terms in a more general context. At the same time, cultures nowadays pervade one another, and so phenomena that were initially local may quickly and unexpectedly become global. This is the case of cyberbullying, initially associated with children and adolescents as perpetrators and victims, being now also practiced by adults who harass other adults.
{"title":"Exploring cyberbullying: a socio-semiotic perspective","authors":"Le Cheng, Xitao Hu, Aleksandra Matulewska, A. Wagner","doi":"10.1515/ijld-2020-2042","DOIUrl":"https://doi.org/10.1515/ijld-2020-2042","url":null,"abstract":"Abstract With the wide application of Internet, the negative sides related to cyberspace become prominent, including cyberbullying. In such a sense, it is necessary to delimit and define cyberbullying as one important legal term for some relevant cybercrimes. Cyberbullying, in its different forms, is common among children and adolescents, and is facilitated by the increased use of technology. But there is no global legal definition and standard in this area. The authors consider it significant to take into account the international perspective of instrumentalization of law in respect of cyberbullying, which may lead to the formulation of such a definition. This article first explores the definitions, legal mechanisms and its relevant laws in the US, the EU and China to find out their similarities and differences. It is found that cyberbullying as a sign is socially-constituted, is interpreted differently in various jurisdictions, which indicates that the exploration of a sign should be located within and is intertwined with social, cultural and historical backgrounds. This research, as a case study, also provides useful implications for the understanding and interpretation of legal terms in a more general context. At the same time, cultures nowadays pervade one another, and so phenomena that were initially local may quickly and unexpectedly become global. This is the case of cyberbullying, initially associated with children and adolescents as perpetrators and victims, being now also practiced by adults who harass other adults.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"15 1","pages":"359 - 378"},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81515049","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}
In this Special Issue, thenotionof “socially constituted sign-system” is beingexplored within broad philosophical, linguistic and legal contexts. It is suggested that the socially constituted sign-system represents several types of instrumentalization of law, as a salient perspective associated with the philosophy of semiotics, legal translation issues and the recent contributions to legal language and law. Instrumentalizing law is not merely a response that permits the exchange of signs, but it leads to a cognitive system generating, modifying or transplanting signs from one space to another. Accordingly, the role of legal actors, jurilinguists, legal translators and legal semioticians cannot be constituted of a merely exchange of signs. This exchange proceeds from a cognitive system that detects, analyzes,modifies and transfers signs fromone socially constituted sign-system to another. Although it may seem easy to transfer knowledge to another system, it requires the actor to be capable of incorporating, influencing and acting on this knowledge so that the initial content can be understood and accessible to other communities. As a consequence, linguistic, legal and semiotic skills have to allow constructing a transition between twodifferent cultures, permitting the second one to understand the first one. It implies “an overlapping of segments of disciplines, a recombination of knowledge in new specialized fields” (Dogan 1997, p. 435). Any transfer of knowledge in suchnewfieldsmust take into account the effectiveness of communication, otherwise the transfer is defective and the process of knowledge acquisition is not in compliance with the intent of the message producers. Furthermore, the instrumentalization of law is pivotal for rights and obligations’ observance. Actors need law, which is comprehensible, accessible and socially acceptable, not to feel the urge or temptation to circumvent it or look for loopholes.
{"title":"Instrumentalization of law as a socially constituted sign-system","authors":"A. Wagner, Aleksandra Matulewska","doi":"10.1515/ijld-2020-2041","DOIUrl":"https://doi.org/10.1515/ijld-2020-2041","url":null,"abstract":"In this Special Issue, thenotionof “socially constituted sign-system” is beingexplored within broad philosophical, linguistic and legal contexts. It is suggested that the socially constituted sign-system represents several types of instrumentalization of law, as a salient perspective associated with the philosophy of semiotics, legal translation issues and the recent contributions to legal language and law. Instrumentalizing law is not merely a response that permits the exchange of signs, but it leads to a cognitive system generating, modifying or transplanting signs from one space to another. Accordingly, the role of legal actors, jurilinguists, legal translators and legal semioticians cannot be constituted of a merely exchange of signs. This exchange proceeds from a cognitive system that detects, analyzes,modifies and transfers signs fromone socially constituted sign-system to another. Although it may seem easy to transfer knowledge to another system, it requires the actor to be capable of incorporating, influencing and acting on this knowledge so that the initial content can be understood and accessible to other communities. As a consequence, linguistic, legal and semiotic skills have to allow constructing a transition between twodifferent cultures, permitting the second one to understand the first one. It implies “an overlapping of segments of disciplines, a recombination of knowledge in new specialized fields” (Dogan 1997, p. 435). Any transfer of knowledge in suchnewfieldsmust take into account the effectiveness of communication, otherwise the transfer is defective and the process of knowledge acquisition is not in compliance with the intent of the message producers. Furthermore, the instrumentalization of law is pivotal for rights and obligations’ observance. Actors need law, which is comprehensible, accessible and socially acceptable, not to feel the urge or temptation to circumvent it or look for loopholes.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"24 1","pages":"127 - 130"},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74533372","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 aim of the paper is to discuss legal language systems as culturally constituted sign-systems that are continuously evolving in time and space. To understand messages formulated in legal languages, one needs to realize that law is culture-bound, which in turn means that law reflects society’s mentality, tolerance, knowledge, social perceptions, etc. At the same time, law is a living reality impacted by various global phenomena and other legal systems. Therefore, this legal reality has “divergent potentialities” (Hasegawa, Ko. 2016. “A glance at the dynamics of ‘confluence’ in a legal system – notes on H. Patrick Glenn’s insights concerning Legal Traditions of the World”. In Transnational Legal Theory. Vol. 7/1: 1–8, 3), which enable it to develop in various directions depending on wider social, political and technological contexts. Additionally, when communicating law interlingually and intralingually, one needs to take into account the knowledge of senders and recipients since the degree of commensurability of law depends on the uniformity of interpretation on meanings. When discussing the issues of sign meaning interpretation, the authors will focus on non-decomposable units and fuzzy units. The meaning of such terms is subject to interpretation through the prism of tacit knowledge. Therefore, the interpretation of any culturally constituted sign-system is burdened with some loss of information and meaning deficiency.
{"title":"Law as a culturally constituted sign-system – A space for interpretation","authors":"Wagner Anne, Aleksandra Matulewska, Le Cheng","doi":"10.1515/ijld-2020-2035","DOIUrl":"https://doi.org/10.1515/ijld-2020-2035","url":null,"abstract":"Abstract The aim of the paper is to discuss legal language systems as culturally constituted sign-systems that are continuously evolving in time and space. To understand messages formulated in legal languages, one needs to realize that law is culture-bound, which in turn means that law reflects society’s mentality, tolerance, knowledge, social perceptions, etc. At the same time, law is a living reality impacted by various global phenomena and other legal systems. Therefore, this legal reality has “divergent potentialities” (Hasegawa, Ko. 2016. “A glance at the dynamics of ‘confluence’ in a legal system – notes on H. Patrick Glenn’s insights concerning Legal Traditions of the World”. In Transnational Legal Theory. Vol. 7/1: 1–8, 3), which enable it to develop in various directions depending on wider social, political and technological contexts. Additionally, when communicating law interlingually and intralingually, one needs to take into account the knowledge of senders and recipients since the degree of commensurability of law depends on the uniformity of interpretation on meanings. When discussing the issues of sign meaning interpretation, the authors will focus on non-decomposable units and fuzzy units. The meaning of such terms is subject to interpretation through the prism of tacit knowledge. Therefore, the interpretation of any culturally constituted sign-system is burdened with some loss of information and meaning deficiency.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"68 1","pages":"239 - 267"},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73852594","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 In the Catholic tradition, saintly characters work as figurativizations or narrative representations of underlying values and normative principles and therefore represent strategic communication media to disseminate particular models of behavior among the faithful. This paper tests the efficacy of the representation of saintly figures in the case of the interreligious dialogue by focusing on the case study of the construction and communication of the figure of the Virgin Mary in the encounter between Catholics and Muslims. What emerges from an analysis of scholarly and institutional texts, as well as from some reflections on ecumenical practices in Marian shrines, is that the representation of Mary as the figurativization of abstract values and norms mostly concerns a cultivated elite and that the dialogue on the respective representations of Mary is quite limited and concerns especially Mary as the model of the perfect pious and devout person.
{"title":"The model of Mary between Islam and Catholicism: The figurativization of normative principles in the intercultural exchange","authors":"Jenny Ponzo","doi":"10.1515/ijld-2020-2038","DOIUrl":"https://doi.org/10.1515/ijld-2020-2038","url":null,"abstract":"Abstract In the Catholic tradition, saintly characters work as figurativizations or narrative representations of underlying values and normative principles and therefore represent strategic communication media to disseminate particular models of behavior among the faithful. This paper tests the efficacy of the representation of saintly figures in the case of the interreligious dialogue by focusing on the case study of the construction and communication of the figure of the Virgin Mary in the encounter between Catholics and Muslims. What emerges from an analysis of scholarly and institutional texts, as well as from some reflections on ecumenical practices in Marian shrines, is that the representation of Mary as the figurativization of abstract values and norms mostly concerns a cultivated elite and that the dialogue on the respective representations of Mary is quite limited and concerns especially Mary as the model of the perfect pious and devout person.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"11 1","pages":"301 - 315"},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82493913","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 paper sets a clear interdisciplinary boundary of the joint work between the Theory of Law and Jurilinguistics, surrounding the role of legal language. The paper attempts to contemplate the challenges of the globalization of Law in the 21st century, and launches the challenge of the formation of a common place, to be established by political language and legal language, in order to favour the procedural and gradual development of Global Law. Thus, today, in the period of transition between international law and cosmopolitan law, the regulation of global life increasingly demanding of translation professionals. For this reason, when practising legal translation, their contribution is not limited to the transition from language a quo to language ad quem, but to the construction of classes that form a tertium, and it is from this residue of translation processes that it starts to open itself to the possibility of a legal expertise common to everybody starts to open up. Jurilinguistics has the task of collating and systemising these practices, to contribute to the Theory of Law, towards achieving the new scale of the project of modernity, that is, the formation of transnational justice.
{"title":"Theory of Law, Jurilinguistics and Legal Language: A common task","authors":"Eduardo C. B. Bittar","doi":"10.1515/ijld-2020-2032","DOIUrl":"https://doi.org/10.1515/ijld-2020-2032","url":null,"abstract":"Abstract This paper sets a clear interdisciplinary boundary of the joint work between the Theory of Law and Jurilinguistics, surrounding the role of legal language. The paper attempts to contemplate the challenges of the globalization of Law in the 21st century, and launches the challenge of the formation of a common place, to be established by political language and legal language, in order to favour the procedural and gradual development of Global Law. Thus, today, in the period of transition between international law and cosmopolitan law, the regulation of global life increasingly demanding of translation professionals. For this reason, when practising legal translation, their contribution is not limited to the transition from language a quo to language ad quem, but to the construction of classes that form a tertium, and it is from this residue of translation processes that it starts to open itself to the possibility of a legal expertise common to everybody starts to open up. Jurilinguistics has the task of collating and systemising these practices, to contribute to the Theory of Law, towards achieving the new scale of the project of modernity, that is, the formation of transnational justice.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"24 1","pages":"131 - 150"},"PeriodicalIF":1.5,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86378508","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":"Bart Custers et al. (2019): EU personal data protection in policy and practice","authors":"Xu Liang, N. Ye","doi":"10.1515/ijld-2020-2031","DOIUrl":"https://doi.org/10.1515/ijld-2020-2031","url":null,"abstract":"","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"27 1","pages":"119 - 125"},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88726026","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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