Abstract The web is a vast and disorganised language resource which is often accessed too naively or superficially by students or inexperienced translators. In this paper, bachelor's students enrolled in a course in translation studies are challenged to translate an extract of a legal document. To complete their translation task, they consulted the language resources they felt comfortable with. Some of them asked for advice to external experts. This helped make the translation task real-life. Despite the language tools used, the students' shortcomings and mistranslations were several. In particular, formulaic expressions were neglected and too many literal or “fanciful” translation candidates were proposed. Afterwards, the students took part in a 2-h lesson where they understood how to consult the web effectively to find reliable information. This paper will highlight that a systematic approach to Google search is necessary in order to deliver high-quality translation work. In particular, advanced search must be performed, together with an accurate consultation of legal documents and of authoritative sources, such as experts' forums or sites.
{"title":"The importance of Internet systematic search for legal translations","authors":"Patrizia Giampieri","doi":"10.1515/ijld-2020-2029","DOIUrl":"https://doi.org/10.1515/ijld-2020-2029","url":null,"abstract":"Abstract The web is a vast and disorganised language resource which is often accessed too naively or superficially by students or inexperienced translators. In this paper, bachelor's students enrolled in a course in translation studies are challenged to translate an extract of a legal document. To complete their translation task, they consulted the language resources they felt comfortable with. Some of them asked for advice to external experts. This helped make the translation task real-life. Despite the language tools used, the students' shortcomings and mistranslations were several. In particular, formulaic expressions were neglected and too many literal or “fanciful” translation candidates were proposed. Afterwards, the students took part in a 2-h lesson where they understood how to consult the web effectively to find reliable information. This paper will highlight that a systematic approach to Google search is necessary in order to deliver high-quality translation work. In particular, advanced search must be performed, together with an accurate consultation of legal documents and of authoritative sources, such as experts' forums or sites.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"32 1","pages":"83 - 102"},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81423620","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 article aims to analyse what it means to study state obligations to progressive realization of the right to food from the perspective of legal complexity. This perspective studies law not in isolation, rather in the existence of multiple legal systems at socio-political space of states. The article highlights that employing legal complexity, particularly with its understanding on interlegality and space, may enable one to gain alternative insights in the ways that states measure their commitment to carry their obligations to respect, protect and fulfill the right to food.
{"title":"Legal complexity and state obligations to the right to food: Towards an analytical shift of progressive realisation","authors":"I. Hadiprayitno","doi":"10.2139/SSRN.1672611","DOIUrl":"https://doi.org/10.2139/SSRN.1672611","url":null,"abstract":"Abstract The article aims to analyse what it means to study state obligations to progressive realization of the right to food from the perspective of legal complexity. This perspective studies law not in isolation, rather in the existence of multiple legal systems at socio-political space of states. The article highlights that employing legal complexity, particularly with its understanding on interlegality and space, may enable one to gain alternative insights in the ways that states measure their commitment to carry their obligations to respect, protect and fulfill the right to food.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"29 1","pages":"17 - 34"},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74236889","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 Duansheng Qian was a renowned scholar in the period of the Republic of China who studied in depth and at length the legal systems of different countries. His discourse constitutes a rich treasure of political and legal thought and numerous ideas on human rights. Much of his discourse touches on the concept of protecting human rights. A study of Qian’s works reveals the breadth and width of his ideas on human rights that form an important part of Chinese concepts on human rights. Many of these concepts are of great historical and practical significance.
{"title":"Duansheng Qian’s thoughts on human rights","authors":"P. Sun","doi":"10.1515/ijld-2020-2027","DOIUrl":"https://doi.org/10.1515/ijld-2020-2027","url":null,"abstract":"Abstract Duansheng Qian was a renowned scholar in the period of the Republic of China who studied in depth and at length the legal systems of different countries. His discourse constitutes a rich treasure of political and legal thought and numerous ideas on human rights. Much of his discourse touches on the concept of protecting human rights. A study of Qian’s works reveals the breadth and width of his ideas on human rights that form an important part of Chinese concepts on human rights. Many of these concepts are of great historical and practical significance.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"136 1","pages":"35 - 56"},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77375132","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 article reviews the major contribution made by Professor Bin Cheng, a leading scholar in international law and air space law in our time. The uniqueness of Professor Bin Cheng was his deep engagement with the international law scholarship as a Chinese scholar in his generation and his tremendous academic contribution in the field. This article revisits his major book – General Principles of Law as Applied by International Courts and Tribunals, and connects his book with the time of crisis and anti-globalization faced by us right now. This book is highly relevant to international law scholarship, not only because of its relevance to the application of international law but also because of its methodology.
{"title":"An oriental face in international law scholarship: Contemporary value of Bin Cheng’s General Principles of Law as Applied by International Courts and Tribunals","authors":"Shuo Feng, Wei Shen","doi":"10.1515/ijld-2020-2030","DOIUrl":"https://doi.org/10.1515/ijld-2020-2030","url":null,"abstract":"Abstract This article reviews the major contribution made by Professor Bin Cheng, a leading scholar in international law and air space law in our time. The uniqueness of Professor Bin Cheng was his deep engagement with the international law scholarship as a Chinese scholar in his generation and his tremendous academic contribution in the field. This article revisits his major book – General Principles of Law as Applied by International Courts and Tribunals, and connects his book with the time of crisis and anti-globalization faced by us right now. This book is highly relevant to international law scholarship, not only because of its relevance to the application of international law but also because of its methodology.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"40 1","pages":"103 - 117"},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89201284","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 Though legal discourse has undergone several steps of metamorphosis to evolve from a law and language discourse that considers the subject of the law sacred to a language of the law discourse that views “language as social action and law as social discourse” (Goodrich 1987: 76), it is still believed that “legal language has to be the way it is” (Danet 1980: 541). This is relevant especially to those genres at the frozen written end of the legal discourse scale. However, the fact that legal texts “can be relatively precise, or quite general or vague, depending on the strategic objectives of the drafter” (Tiersma 2008: 7) can create blurs within the determinacy of such genres. In this context, the genre of Life Insurance Contracts which belongs to the written mode and frozen style end of the legal language continuum is studied to investigate to what extent we can talk about challenging generic stability in such a genre. The focus is put specifically on the frequency of use of personal pronouns in this genre that claims functional redundancy. The experiential meta-function of Systemic Functional Linguistics is also used to detect the participant roles assigned to these pronouns and to find out if the frequency of certain roles is generic. These frequencies that are computed using the UAM computational CorpusTool in a corpus made up of 16 contracts counting 174.288 words are studied in relation to the purposes of the legal genre of Life Insurance Contracts.
{"title":"Generic instability in a frozen legal genre?","authors":"Ameni Hlioui","doi":"10.1515/ijld-2020-2028","DOIUrl":"https://doi.org/10.1515/ijld-2020-2028","url":null,"abstract":"Abstract Though legal discourse has undergone several steps of metamorphosis to evolve from a law and language discourse that considers the subject of the law sacred to a language of the law discourse that views “language as social action and law as social discourse” (Goodrich 1987: 76), it is still believed that “legal language has to be the way it is” (Danet 1980: 541). This is relevant especially to those genres at the frozen written end of the legal discourse scale. However, the fact that legal texts “can be relatively precise, or quite general or vague, depending on the strategic objectives of the drafter” (Tiersma 2008: 7) can create blurs within the determinacy of such genres. In this context, the genre of Life Insurance Contracts which belongs to the written mode and frozen style end of the legal language continuum is studied to investigate to what extent we can talk about challenging generic stability in such a genre. The focus is put specifically on the frequency of use of personal pronouns in this genre that claims functional redundancy. The experiential meta-function of Systemic Functional Linguistics is also used to detect the participant roles assigned to these pronouns and to find out if the frequency of certain roles is generic. These frequencies that are computed using the UAM computational CorpusTool in a corpus made up of 16 contracts counting 174.288 words are studied in relation to the purposes of the legal genre of Life Insurance Contracts.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"33 1","pages":"57 - 82"},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74597709","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 aims to examine China's approach to the cyber governance, especially the discourse of Internet information, through a detailed investigation of the Provision on Ecological Governance of Internet Information Content. The findings in this study indicate that China's approach to the governance of Internet information possesses the following essential features: the clarification of the dialectical relationship between Internet freedom and order, the unification of carrying forward positive energy and restraining negative information, the people-oriented and bottom-up participatory approach to the ecological governance of Internet information, as well as the strictly prohibitive conducts of three key administrative counterparts. The underlying reasons for choosing such an ecological path to regulate the Internet information can be attributed to China's national configuration, including its political system, cultural tradition, status quo of the Internet development, and the pervasive cybersecurity challenges facing its society. It is thus argued that the governance of Internet information, characteristic of spatiality, can merely be construed within specific socio-political and cultural contexts. Albeit the spatiality of the governance of the Internet information, China's approach can serve as a model for other nations to develop their own governance discourses pertaining to the Internet information. This study aims not only to unpack the Chinese discourse of the ecological governance of Internet information but also to provide useful insights into the discourse and practices of global cyber governance.
{"title":"Exploring the cyber governance discourse: A perspective from China","authors":"Chunhui Wang, Le Cheng, Jiamin Pei","doi":"10.1515/ijld-2020-2025","DOIUrl":"https://doi.org/10.1515/ijld-2020-2025","url":null,"abstract":"Abstract This study aims to examine China's approach to the cyber governance, especially the discourse of Internet information, through a detailed investigation of the Provision on Ecological Governance of Internet Information Content. The findings in this study indicate that China's approach to the governance of Internet information possesses the following essential features: the clarification of the dialectical relationship between Internet freedom and order, the unification of carrying forward positive energy and restraining negative information, the people-oriented and bottom-up participatory approach to the ecological governance of Internet information, as well as the strictly prohibitive conducts of three key administrative counterparts. The underlying reasons for choosing such an ecological path to regulate the Internet information can be attributed to China's national configuration, including its political system, cultural tradition, status quo of the Internet development, and the pervasive cybersecurity challenges facing its society. It is thus argued that the governance of Internet information, characteristic of spatiality, can merely be construed within specific socio-political and cultural contexts. Albeit the spatiality of the governance of the Internet information, China's approach can serve as a model for other nations to develop their own governance discourses pertaining to the Internet information. This study aims not only to unpack the Chinese discourse of the ecological governance of Internet information but also to provide useful insights into the discourse and practices of global cyber governance.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"104 1","pages":"1 - 15"},"PeriodicalIF":1.5,"publicationDate":"2020-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77634455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-02-06DOI: 10.1515/ijld-2019-frontmatter2
Yuxiu Sun, lEgAl disCoursE, A. P. Anisimov, Zhixiang Gao, Xinlin Peng, Mingyu Gong
Janet Ainsworth, Seattle University, USA Vijay Bhatia, City University of Hong Kong, Hong Kong Deborah Cao, Griffith University, Australia Malcolm Coulthard, Aston University, UK Marcel Danesi, University of Toronto, Canada Diana Eades, University of New England, Australia Jan Engberg, University of Aarhus, Denmark Laura Ervo, Örebro University, Sweden Maurizio Gotti, University of Bergamo, Italy Craig Hoffman, Georgetown University, USA Christopher Hutton, The University of Hong Kong, Hong Kong Kyo Kageura, The University of Tokyo, Japan Susan Petrilli, Università di Bari, Italy Gianluca Pontrandolfo, Università degli Studi di Trieste, Italy Richard Powell, Nihon University, Japan Gary Prideaux, University of Alberta, Canada Fernando Prieto Ramos, University of Geneva, Switzerland Susan Šarčević, University of Rijeka, Croatia Wei Shen, Shandong University, China King Kui Sin, Hang Seng Management School, Hong Kong Jesús Romero Trillo, Universidad Autónoma de Madrid, Spain Joseph-G Turi, International Academy of Linguistic Law, Canada Anne Wagner, Lille University, France Guiguo Wang, Tulane University, USA Catherine Way, University of Granada, Spain Yun Zhao, The University of Hong Kong, Hong Kong intErnAtionAl JournAl of lEgAl disCoursE
{"title":"Frontmatter","authors":"Yuxiu Sun, lEgAl disCoursE, A. P. Anisimov, Zhixiang Gao, Xinlin Peng, Mingyu Gong","doi":"10.1515/ijld-2019-frontmatter2","DOIUrl":"https://doi.org/10.1515/ijld-2019-frontmatter2","url":null,"abstract":"Janet Ainsworth, Seattle University, USA Vijay Bhatia, City University of Hong Kong, Hong Kong Deborah Cao, Griffith University, Australia Malcolm Coulthard, Aston University, UK Marcel Danesi, University of Toronto, Canada Diana Eades, University of New England, Australia Jan Engberg, University of Aarhus, Denmark Laura Ervo, Örebro University, Sweden Maurizio Gotti, University of Bergamo, Italy Craig Hoffman, Georgetown University, USA Christopher Hutton, The University of Hong Kong, Hong Kong Kyo Kageura, The University of Tokyo, Japan Susan Petrilli, Università di Bari, Italy Gianluca Pontrandolfo, Università degli Studi di Trieste, Italy Richard Powell, Nihon University, Japan Gary Prideaux, University of Alberta, Canada Fernando Prieto Ramos, University of Geneva, Switzerland Susan Šarčević, University of Rijeka, Croatia Wei Shen, Shandong University, China King Kui Sin, Hang Seng Management School, Hong Kong Jesús Romero Trillo, Universidad Autónoma de Madrid, Spain Joseph-G Turi, International Academy of Linguistic Law, Canada Anne Wagner, Lille University, France Guiguo Wang, Tulane University, USA Catherine Way, University of Granada, Spain Yun Zhao, The University of Hong Kong, Hong Kong intErnAtionAl JournAl of lEgAl disCoursE","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"19 1","pages":""},"PeriodicalIF":1.5,"publicationDate":"2020-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90855794","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 common law jurisdictions, the notion of proof beyond a reasonable doubt is frequently related to notions such as the belief or certainty of a judge or a juror about reality. The notion of balance of probabilities is however related to likelihood or probability. In the present study, we link belief and proof by introducing the notion of epistemic modality, which is concerned with the speaker’s belief in propositional probability. The variation in the orientation of epistemic modality helps to integrate the two levels of proof and bridge the apparent test gap between them. The notion of relevance is further introduced in order to clarify the nature of legal proof by taking rape cases as example. This study also provides an integrated model to improve but diversify the expressions in terms of the burden of proof. For most courts, court judgments are processed only according to the general case data, procedural context; such kinds of fact-based information processing and information retrieval seldom help the court to make its decision unless with tremendous and repetitious work. For the consistency and efficiency of court adjudication, it is suggested in the present study that a Knowledge Management (KM) model mainly based on elements and factors which decide or affect the criminal liability. Such a KM model provides an overall framework, though non-exhaustive, and therefore makes court adjudication within narrow discretion and achieves the maximum justice.
{"title":"Gauging court adjudication: Qualification and quantification","authors":"Le Cheng","doi":"10.1515/ijld-2019-2019","DOIUrl":"https://doi.org/10.1515/ijld-2019-2019","url":null,"abstract":"Abstract In common law jurisdictions, the notion of proof beyond a reasonable doubt is frequently related to notions such as the belief or certainty of a judge or a juror about reality. The notion of balance of probabilities is however related to likelihood or probability. In the present study, we link belief and proof by introducing the notion of epistemic modality, which is concerned with the speaker’s belief in propositional probability. The variation in the orientation of epistemic modality helps to integrate the two levels of proof and bridge the apparent test gap between them. The notion of relevance is further introduced in order to clarify the nature of legal proof by taking rape cases as example. This study also provides an integrated model to improve but diversify the expressions in terms of the burden of proof. For most courts, court judgments are processed only according to the general case data, procedural context; such kinds of fact-based information processing and information retrieval seldom help the court to make its decision unless with tremendous and repetitious work. For the consistency and efficiency of court adjudication, it is suggested in the present study that a Knowledge Management (KM) model mainly based on elements and factors which decide or affect the criminal liability. Such a KM model provides an overall framework, though non-exhaustive, and therefore makes court adjudication within narrow discretion and achieves the maximum justice.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"1 1","pages":"123 - 141"},"PeriodicalIF":1.5,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88297231","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 explores the administrative law enforcement from three perspectives, namely, discourse, cognition and society, according to van Dijk’s theory of critical discourse studies. “Discourse” is the essential linguistic analysis of administrative law enforcement, which may lead to the tension between law-executors and law-breakers, as well as to ease the conflicts and achieve the balance, so that the discourse mode with considerable tolerance and explanation is of great significance for improving the current practice of administrative law enforcement. “Cognition” deals with psychological model based on cognitive and social psychology. In the interaction of administrative law enforcement, the social roles are institutionalized by the context, which is achieved through knowledge background, cognitive methods, communicative purpose, role expectations and information transmission. “Society” focuses on the investigation of institutions, powers and groups based on sociology. There are normative factors and non-normative variables in the administrative law enforcement: the former refers to superior will, judicial review, supervision and defense of law-breaker, while the latter involves administrative habits and experience, natural emotions, interest and mass media. In the institutional context, social variables affect the implementation of administrative law enforcement in different discourse modes.
{"title":"Study on utterances of administrative law enforcement in van Dijk’s critical discourse analysis","authors":"Jingjing Wu, Yuxiu Sun","doi":"10.1515/ijld-2019-2024","DOIUrl":"https://doi.org/10.1515/ijld-2019-2024","url":null,"abstract":"Abstract This study explores the administrative law enforcement from three perspectives, namely, discourse, cognition and society, according to van Dijk’s theory of critical discourse studies. “Discourse” is the essential linguistic analysis of administrative law enforcement, which may lead to the tension between law-executors and law-breakers, as well as to ease the conflicts and achieve the balance, so that the discourse mode with considerable tolerance and explanation is of great significance for improving the current practice of administrative law enforcement. “Cognition” deals with psychological model based on cognitive and social psychology. In the interaction of administrative law enforcement, the social roles are institutionalized by the context, which is achieved through knowledge background, cognitive methods, communicative purpose, role expectations and information transmission. “Society” focuses on the investigation of institutions, powers and groups based on sociology. There are normative factors and non-normative variables in the administrative law enforcement: the former refers to superior will, judicial review, supervision and defense of law-breaker, while the latter involves administrative habits and experience, natural emotions, interest and mass media. In the institutional context, social variables affect the implementation of administrative law enforcement in different discourse modes.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"2 1","pages":"217 - 236"},"PeriodicalIF":1.5,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78851302","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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