Abstract The article deals with the theory and practice of treatment of stray animals in light of the latest changes in the Russian legislation. The research includes issues of terminology as well as the place of the function of treatment of stray animals in the system of municipal administration functions. The authors prove the unreasonableness of the strategy of returning stray animals sterilized in shelters to the habitat, argue in favor of measures for development of legal liability for violation of the legislation on treatment of stray animals, measures for registration (record) of such animals, the importance of transition to standards of circular economy in the field of waste management, measures for development of culture and education. It is proved that only a set of economic, legal and other measures can lead to success. Decrease in the number of stray animals will lead to the improvement of the sanitary situation in cities, lower the risk of bites and diseases transmitted with their help, and reduce the number of offenses related to cruelty to animals, car accidents involving stray animals, as well as cases of moral stress for children who daily observe suffering of stray cats and dogs.
{"title":"Is it possible to change the destiny of stray animals by legal means?","authors":"A. Anisimov, A. Ryzhenkov","doi":"10.1515/ijld-2019-2020","DOIUrl":"https://doi.org/10.1515/ijld-2019-2020","url":null,"abstract":"Abstract The article deals with the theory and practice of treatment of stray animals in light of the latest changes in the Russian legislation. The research includes issues of terminology as well as the place of the function of treatment of stray animals in the system of municipal administration functions. The authors prove the unreasonableness of the strategy of returning stray animals sterilized in shelters to the habitat, argue in favor of measures for development of legal liability for violation of the legislation on treatment of stray animals, measures for registration (record) of such animals, the importance of transition to standards of circular economy in the field of waste management, measures for development of culture and education. It is proved that only a set of economic, legal and other measures can lead to success. Decrease in the number of stray animals will lead to the improvement of the sanitary situation in cities, lower the risk of bites and diseases transmitted with their help, and reduce the number of offenses related to cruelty to animals, car accidents involving stray animals, as well as cases of moral stress for children who daily observe suffering of stray cats and dogs.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"168 1","pages":"143 - 166"},"PeriodicalIF":1.5,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72786787","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 Court interpretation subsumes transferring information from one source culture to the target culture, and the transfer of information, from the perspective of memetics, leads to the conceptualization of a common and significant framework in legal discourse, especially in the translation, interpretation and communication fields. This consideration gives the theoretical assumption for court interpretation, that is, court interpretation is a bilingual practice of meaning construction beyond meaning replication, because meaning units could be viewed as self-replicating complex ideas. Since the purpose of court interpretation is to find equivalence and the functions of court interpreters are being fair, semiotic equivalence can provide an even more useful tool for interpreters by offering greater insight into the mechanism of meaning and its encoding with the help of linguistic symbols. Meanwhile, court interpreters act as language and culture mediators to convey the correct contents of utterances and/or speech acts among their communities. Active and collaborative works are then necessary to mediate, decide, and analyze under real constraints with cultural challenges to elaborate viable interpretation solutions in laws.
{"title":"A memetic exploration of court interpretation","authors":"Jian Li, N. Ye, A. Wagner","doi":"10.1515/ijld-2019-2022","DOIUrl":"https://doi.org/10.1515/ijld-2019-2022","url":null,"abstract":"Abstract Court interpretation subsumes transferring information from one source culture to the target culture, and the transfer of information, from the perspective of memetics, leads to the conceptualization of a common and significant framework in legal discourse, especially in the translation, interpretation and communication fields. This consideration gives the theoretical assumption for court interpretation, that is, court interpretation is a bilingual practice of meaning construction beyond meaning replication, because meaning units could be viewed as self-replicating complex ideas. Since the purpose of court interpretation is to find equivalence and the functions of court interpreters are being fair, semiotic equivalence can provide an even more useful tool for interpreters by offering greater insight into the mechanism of meaning and its encoding with the help of linguistic symbols. Meanwhile, court interpreters act as language and culture mediators to convey the correct contents of utterances and/or speech acts among their communities. Active and collaborative works are then necessary to mediate, decide, and analyze under real constraints with cultural challenges to elaborate viable interpretation solutions in laws.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"11 1","pages":"181 - 196"},"PeriodicalIF":1.5,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81327443","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 Mafia organizations have long been a threat to Chinese society. The development of mafia organizations in China have experienced four stages: formation, dying out, resurgence, and recurrence. The Chinese government has attached great importance to the governance of mafia organizations and has suppressed mafia forces with some notable achievements. In January 2018, the Chinese government carried out a nationwide special campaign, “sweeping and eliminating evils” [sao hei chu’ e], to crack down gangs’ crimes in China. Different from previous actions, the recent campaign has changed its focus from “fighting” [da] to “sweeping” [sao], showing the changing focus of Beijing’s strategy in the crackdown on mafia organizations. In view of this, this study investigates the past, present and future of China’s governance of mafia organization crimes in the current context from a historical, norm-analytical approach. On the basis of a systematic review on the development of mafia organizations in China, this study, drawing on the current situation, discusses the process and main strategies of the mafia organization governance, and analyses the reasons for and the problems in the special campaign “sweeping and eliminating evils” in the new era. This study also provides plans and suggestions on how to advance the campaign from the perspective of the rule of law.
{"title":"Sweeping and eliminating evils: a diachronic study of mafia in China","authors":"Xinlin Peng, Mingyu Gong, J. Bing","doi":"10.1515/ijld-2019-2023","DOIUrl":"https://doi.org/10.1515/ijld-2019-2023","url":null,"abstract":"Abstract Mafia organizations have long been a threat to Chinese society. The development of mafia organizations in China have experienced four stages: formation, dying out, resurgence, and recurrence. The Chinese government has attached great importance to the governance of mafia organizations and has suppressed mafia forces with some notable achievements. In January 2018, the Chinese government carried out a nationwide special campaign, “sweeping and eliminating evils” [sao hei chu’ e], to crack down gangs’ crimes in China. Different from previous actions, the recent campaign has changed its focus from “fighting” [da] to “sweeping” [sao], showing the changing focus of Beijing’s strategy in the crackdown on mafia organizations. In view of this, this study investigates the past, present and future of China’s governance of mafia organization crimes in the current context from a historical, norm-analytical approach. On the basis of a systematic review on the development of mafia organizations in China, this study, drawing on the current situation, discusses the process and main strategies of the mafia organization governance, and analyses the reasons for and the problems in the special campaign “sweeping and eliminating evils” in the new era. This study also provides plans and suggestions on how to advance the campaign from the perspective of the rule of law.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"15 1","pages":"197 - 216"},"PeriodicalIF":1.5,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73720368","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 memory of judgment and the Holocaust is of great interest in postmodernists’ writings. The relationship between postmodernism and the Holocaust is always paradoxically juxtaposed. William Gass, an American postmodern writer and critic, touches the topic of the Holocaust in his masterpiece Middle C (2013). Gass tends to trivialize fascism to every man and every ordinary life, to disrespect the “sacred”. The novel has the skill in faking the identity or the details of its putative history. Is the Holocaust a subcategory of war crimes or the inhumanity of genocide? Is there any reliable way of establishing the reality of the Holocaust either through the memory of groups or individuals? Are genocide and occasional or no systematic atrocities the inevitability of a state? In this paper, we tend to explore the collective memory and individual memory of witnesses of the Holocaust presented in Middle C and the puzzlement of judgment as a war crime or inhuman genocide, thus arguing the ethos of history and shock of mediocrity in our daily life.
{"title":"The memory of judgment: The Holocaust, witnesses and mediocrity in William Gass’s Middle C","authors":"F. Fang, Zhixiang Gao","doi":"10.1515/ijld-2019-2021","DOIUrl":"https://doi.org/10.1515/ijld-2019-2021","url":null,"abstract":"Abstract The memory of judgment and the Holocaust is of great interest in postmodernists’ writings. The relationship between postmodernism and the Holocaust is always paradoxically juxtaposed. William Gass, an American postmodern writer and critic, touches the topic of the Holocaust in his masterpiece Middle C (2013). Gass tends to trivialize fascism to every man and every ordinary life, to disrespect the “sacred”. The novel has the skill in faking the identity or the details of its putative history. Is the Holocaust a subcategory of war crimes or the inhumanity of genocide? Is there any reliable way of establishing the reality of the Holocaust either through the memory of groups or individuals? Are genocide and occasional or no systematic atrocities the inevitability of a state? In this paper, we tend to explore the collective memory and individual memory of witnesses of the Holocaust presented in Middle C and the puzzlement of judgment as a war crime or inhuman genocide, thus arguing the ethos of history and shock of mediocrity in our daily life.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"45 1","pages":"167 - 179"},"PeriodicalIF":1.5,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85572564","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 literature has long explored the Web as corpus for language research and practice. However, little has been written on the Web as a legal language resource. This paper is aimed at exploring the Web as a tool which can provide answers to legal language queries. In this respect, it will show how Google advanced search and the WebCorp Web concordancer can shed light on legal language and bring recurrent patterns to the surface. To this aim, a few issues will be addressed touching upon the query search syntax, the choice of the best translation candidates, the extraction of frequent collocations, the noticing of high recurrences, etc. Considering the shortcomings and the advantages of Google advanced search and of the WebCorp Web concordancer, the paper findings will argue that the Web as corpus can be a reliable legal language resource as long as a selection of tools are used, and the query syntax is accurate.
长期以来，文献一直在探索将网络作为语言研究和实践的语料库。然而，很少有法律语言资源在网络上编写。本文旨在探索网络作为一种工具，可以为法律语言查询提供答案。在这方面，它将展示谷歌高级搜索和WebCorp Web concordancer如何阐明法律语言，并将反复出现的模式呈现出来。为了达到这个目的，我们将解决一些问题，包括查询搜索语法、最佳翻译候选词的选择、频繁搭配的提取、高递归的注意等。考虑到Google高级搜索和WebCorp Web concordance的缺点和优点，本文的研究结果将表明，只要使用适当的工具，并且查询语法准确，Web作为语料库可以成为可靠的法律语言资源。
{"title":"The Web as a legal language resource","authors":"Patrizia Giampieri","doi":"10.1515/ijld-2019-2016","DOIUrl":"https://doi.org/10.1515/ijld-2019-2016","url":null,"abstract":"Abstract The literature has long explored the Web as corpus for language research and practice. However, little has been written on the Web as a legal language resource. This paper is aimed at exploring the Web as a tool which can provide answers to legal language queries. In this respect, it will show how Google advanced search and the WebCorp Web concordancer can shed light on legal language and bring recurrent patterns to the surface. To this aim, a few issues will be addressed touching upon the query search syntax, the choice of the best translation candidates, the extraction of frequent collocations, the noticing of high recurrences, etc. Considering the shortcomings and the advantages of Google advanced search and of the WebCorp Web concordancer, the paper findings will argue that the Web as corpus can be a reliable legal language resource as long as a selection of tools are used, and the query syntax is accurate.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"330 1","pages":"109 - 121"},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77197222","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 Researchers studying the language of law agree that there is a number of certain features which are characteristic of the legal genre, regardless of the language of the legal text. Among the most commonly listed features of lingua legis are: conventionalised sentences, performative verbs, Latinisms, euphemisms, and time expressions. The paper provides a discussion of these features, as well as provides examples of their occurrence in Polish, English, and Indonesian legal texts. The analised corpus includes the 1945 Constitution of the Republic of Indonesia, the Constitution of the Republic of Poland, The Constitution of the United States of America with amendments, Polish and Indonesian Civil Codes (clauses concerning obligations), together with a set of parallel texts of rental agreements and real estate sale contracts.
{"title":"Features of the language of law: A comparative study of Polish, English and Indonesian legal texts","authors":"Daria Zozula","doi":"10.1515/ijld-2019-2013","DOIUrl":"https://doi.org/10.1515/ijld-2019-2013","url":null,"abstract":"Abstract Researchers studying the language of law agree that there is a number of certain features which are characteristic of the legal genre, regardless of the language of the legal text. Among the most commonly listed features of lingua legis are: conventionalised sentences, performative verbs, Latinisms, euphemisms, and time expressions. The paper provides a discussion of these features, as well as provides examples of their occurrence in Polish, English, and Indonesian legal texts. The analised corpus includes the 1945 Constitution of the Republic of Indonesia, the Constitution of the Republic of Poland, The Constitution of the United States of America with amendments, Polish and Indonesian Civil Codes (clauses concerning obligations), together with a set of parallel texts of rental agreements and real estate sale contracts.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"72 1","pages":"69 - 86"},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76771273","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 At present, there exist several difficulties in the criminal regulation of illegal fundraising activities on China’s P2P platforms, such as discovering, identifying, tracking, and preventing. To solve these difficulties in the criminal regulations, this study applies the problem-oriented approach to evaluate the meaning constructions of illegal fundraising behavior on online P2P lending platforms in the corresponding judicial identifications, that is, judicial regulations and interpretations. After analyzing the judicial documents of 192 criminal cases in China, this study finds that it is necessary to actively draw on successful extra-territorial experience, and further establish a reasonable balance between maintaining financial security and promoting financial innovation. Specifically, the judiciary could adjust the current single loose criminal policy into one that combines leniency with rigidity, perfect the criminal law and its interpretation system of illegal fundraising behavior on P2P platforms, strengthen the connection mechanism of punishment and execution, explore the specialized case-handling mechanism, and implement a case guidance system.
{"title":"Meaning construction and judicial identification: Difficulties and countermeasures of criminal regulation of illegal fundraising behavior on online P2P lending platforms","authors":"Xinlin Peng, X. Luo, Jian Li","doi":"10.1515/ijld-2019-2018","DOIUrl":"https://doi.org/10.1515/ijld-2019-2018","url":null,"abstract":"Abstract At present, there exist several difficulties in the criminal regulation of illegal fundraising activities on China’s P2P platforms, such as discovering, identifying, tracking, and preventing. To solve these difficulties in the criminal regulations, this study applies the problem-oriented approach to evaluate the meaning constructions of illegal fundraising behavior on online P2P lending platforms in the corresponding judicial identifications, that is, judicial regulations and interpretations. After analyzing the judicial documents of 192 criminal cases in China, this study finds that it is necessary to actively draw on successful extra-territorial experience, and further establish a reasonable balance between maintaining financial security and promoting financial innovation. Specifically, the judiciary could adjust the current single loose criminal policy into one that combines leniency with rigidity, perfect the criminal law and its interpretation system of illegal fundraising behavior on P2P platforms, strengthen the connection mechanism of punishment and execution, explore the specialized case-handling mechanism, and implement a case guidance system.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"85 1","pages":"47 - 68"},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79353754","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 Kraken theory aims at showing that legal theory and practice are not built as a single block, but are more a kind of tentacular movement of positionality and legal powers, offering competing theoretical and practical angles from which Kraken and Octopus can choose their distinctive moves to act for and/or against #MeToo. It shows how these varieties of rumors are distributed in #MeToo, when they may scrutinize their next strategic moves (be it at the surface or for purposes of defamation), and why the mechanism of distinctiveness inherent in this hashtag is explored within the spatio-temporal perspectives of U.S.A. and France.
{"title":"#MeToo: A tentacular movement of positionality and legal powers","authors":"Sarah Marusek, A. Wagner","doi":"10.1515/ijld-2019-2017","DOIUrl":"https://doi.org/10.1515/ijld-2019-2017","url":null,"abstract":"Abstract Kraken theory aims at showing that legal theory and practice are not built as a single block, but are more a kind of tentacular movement of positionality and legal powers, offering competing theoretical and practical angles from which Kraken and Octopus can choose their distinctive moves to act for and/or against #MeToo. It shows how these varieties of rumors are distributed in #MeToo, when they may scrutinize their next strategic moves (be it at the surface or for purposes of defamation), and why the mechanism of distinctiveness inherent in this hashtag is explored within the spatio-temporal perspectives of U.S.A. and France.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"95 1","pages":"1 - 14"},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77781146","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 examines the ways in which states can exercise dispersed disciplinary power as exemplified in a selective erasure of gender from Indiana’s Targeted Regulations of Abortion Providers (TRAP) laws. To do this, this article investigates a critical discourse analysis using Indiana’s TRAP laws that have been brought to the floor of the state legislature from 2013–2018. The major narrative present throughout these texts is an intentional re-framing of gendered subjectivity or who gets to be called “woman”. Such state-driven discourse has the power to regulate social norms. Such norms and language assumptions often find their way into policy, including those defining how women can act or not act in regard to the termination of a pregnancy. Thus, by examining how TRAP laws deploy certain discourse, one better understands how the state, via legislation, takes an active role in controlling the public sphere by becoming an institutionalized pattern of interpretation.
{"title":"When is she a woman?: Gendered subject forming language in TRAP laws","authors":"Nathan Black Rupp","doi":"10.1515/ijld-2019-2014","DOIUrl":"https://doi.org/10.1515/ijld-2019-2014","url":null,"abstract":"Abstract This article examines the ways in which states can exercise dispersed disciplinary power as exemplified in a selective erasure of gender from Indiana’s Targeted Regulations of Abortion Providers (TRAP) laws. To do this, this article investigates a critical discourse analysis using Indiana’s TRAP laws that have been brought to the floor of the state legislature from 2013–2018. The major narrative present throughout these texts is an intentional re-framing of gendered subjectivity or who gets to be called “woman”. Such state-driven discourse has the power to regulate social norms. Such norms and language assumptions often find their way into policy, including those defining how women can act or not act in regard to the termination of a pregnancy. Thus, by examining how TRAP laws deploy certain discourse, one better understands how the state, via legislation, takes an active role in controlling the public sphere by becoming an institutionalized pattern of interpretation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"54 1","pages":"108 - 87"},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73139482","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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