共查询到20条相似文献,搜索用时 15 毫秒
1.
Zhiyun Liu 《Frontiers of Law in China》2011,6(4):589-608
After the Cold War and the quick development of globalization, non-state acts by international organizations, transnational
corporations and nongovernmental organizations (NGOs), etc., are becoming more active. Global issues with regard to, inter
alia, environment, human rights, terrorism are constantly emerging, which bring great challenge to the Westphalia System that
is based on state sovereignty and centered on the national state. At the same time, the values, which include “individualism”
and “global justice,” are constantly casting impact on international legal system. Doubtlessly, in the current context of
international relations, “justice among states” is still the reasonable positioning of the value of modern international law.
However, making “individualism” and “global justice” compatible and modifying “justice among states” is an inevitable trend.
At the same time, the rule brought about by the modification on the value of justice must be handled properly. 相似文献
2.
Marcel Danesi 《International Journal for the Semiotics of Law》2012,25(1):95-106
Work on the relation between figurative language and the law is a fairly recent trend, within legal discourse studies, linguistics,
and semiotics. The work in conceptual metaphor theory, for example, is starting to unpack the underlying metaphorical and
metonymic structure of legal language, producing some new and important insights into the nature of this language. Missing
from this emerging line of inquiry are the views of the Neapolitan philosopher Giambattista Vico, who was the first to understand
the power of figurative language in the creation of symbolic systems, like language and the law. His tripartite evolutionary
model of language shows that there is not one language of the law, but three “languages.” By integrating Vico’s model with
the work in conceptual metaphor theory it will be possible to penetrate the underlying conceptual structure of legal discourse
and thus lead to a more insightful science of this discourse. 相似文献
3.
Augustine S. J. Park 《Crime, Law and Social Change》2010,53(4):329-348
This paper discusses the limitations of legal responses to the problem of child soldiery, beginning from the premise that
the crime of using child soldiers is comprised of both the recruiter and the recruit. While legal approaches are addressed
to the recruiter, because of the dearth of enforcement mechanisms, the protections established in international law have failed
to prevent the recruitment of under-aged combatants. It remains to be seen how efficacious a deterrent the precedent-setting
recent and on-going prosecutions of recruiters will be. Nonetheless, legal approaches do not address the recruit, and thus
they fail to account for the complex of social reasons that prompt many children to join armed groups “voluntarily”. This
paper argues that the conditions that lead children to join armed groups are structural and, thus, must be addressed structurally
through developing greater “distributive justice”. 相似文献
4.
The International Criminal Tribunal for Yugoslavia (ICTY) was established by the UN Security Council in 1993 to prosecute persons responsible for war crimes committed in the former Yugoslavia during the Balkan wars. As the first international war crimes tribunal since the Nuremburg and Tokyo tribunals set up after WWII, the ICTY has attracted immense interest among legal scholars since its inception, but has failed to garner the same level of attention from researchers in other disciplines, notably linguistics. This represents a significant research gap, as the Tribunal’s public discourse (notably its case law and Annual Reports) can open up interesting avenues of analysis to researchers of law, language, and legal discourse alike. On its official website, the Tribunal claims that it has “irreversibly changed the landscape of international humanitarian law” and lists six specific achievements: “Holding leaders accountable; bringing justice to victims; giving victims a voice; establishing the facts; developing international law and strengthening the rule of the law”. While a number of legal scholars have studied and critiqued the level of ‘achievement’ actually attained by the Tribunal against these metrics and others, of interest to linguists is the ways in which this work might be conveyed discursively. In this paper, we demonstrate how methods from the linguistic field of corpus-based critical discourse analysis can be utilised to explore the discursive construction of such achievements in the language of the ICTY. 相似文献
5.
Kelly Richards 《Critical Criminology》2011,19(2):91-105
During the last quarter-century, restorative justice has emerged as a widely-utilised response to crime in Western nations.
This article, which stems from a Foucauldian genealogy of restorative justice, argues that its embeddedness within the discourse
of “empowerment” renders restorative justice a politically acceptable response to crime. “Empowerment”, it is argued, is one
of many conditions of emergence of restorative justice. The discourse of “empowerment” underpins restorative justice in tangible
ways, and has informed legislation and policy in Western jurisdictions. This article seeks to problematise the taken-for-granted
nature of this discourse. It argues that the discourse of “empowerment” produces restorative justice subjects who are increasingly
governed and governable. As “empowering” restorative practices are targeted towards “disempowered” individuals and communities,
concerns are raised about the potential of restorative justice to disproportionately impact upon socially marginalised populations
and to increase social exclusion. 相似文献
6.
Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international
problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of
domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction
of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or
crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national
implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned
in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts.
Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin
by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of
organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and
domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of
international criminal law and an illustration of how far current international legal institutions remain from ideal justice. 相似文献
7.
Ruiting Qin 《Frontiers of Law in China》2010,5(4):600-625
“The parties can only choose facultative legal norms,” “the parties of all foreign-related civil and commercial cases may
agree to choose Chinese law as the applicable law governing their legal relationship,” and “the applicable law to the contract
chosen by the parties shall not avoid the mandatory provisions of Chinese law” —such viewpoints that have substantial influence
among the theorists and in the judicial practices of Chinese private international law are actually based on misunderstandings
of Chinese private international law. It is a task of the private international law community of China to eliminate such misunderstandings,
hence facilitating the healthy development of Chinese private international law. 相似文献
8.
Gordon Ashton 《Liverpool Law Review》1997,19(1):29-36
Conclusion My concerns are unlikely to strike a note amongst those senior judges delivering “big justice” who will operate in the multi-track.
They seldom encounter disabled people in their courts and when they do access, communication and representation problems are
likely to have been sorted out at an earlier stage. But for those of us who have to deal with those earlier stages or are
to (and already do) deliver “bulk justice” in the fast track and small claims courts, coping with disabled litigants is already
a problem. Hitherto we have responded with insufficient care to their needs, but is it too late to hope that we may be encouraged
(or better still constrained) to take into account their disclosed needs when managing cases so that civil proceedings may
be conducted in a manner that is fair to all. If we do not face up to this now we could find ourselves and our courts in breach
of the Disability Discrimination Act 1995 which is intended to impose the new culture on society (including our courts). The
message from society is clear: a change in the culture of civil justice is required but we must not overlook the “disability
factor”.
A District Judge at Preston on the Northern Circuit. 相似文献
9.
This article examines the transformation of the Order of St John (also known as the Knights of Malta) from a crusading and
piratic entity (periodically in Jerusalem, Cyprus, Rhodes and Malta) into an irregular state actor without territory (in Rome).
Specifically, it looks at the political rationales through which the Order has been historically constituted as an international
subject and currently enacted as an “irregular state”, and evaluates the function of international legal discourse in making
up for its missing territory, the supposedly ‘hard’ and ‘objective’ condition of statehood under international law. 相似文献
10.
Zhiyun Liu 《Frontiers of Law in China》2011,6(3):496-523
From the origin, there has been a strong connection between international relations and international law. In the development
of the history of different academic subjects, the research on international relations and international law are interdependently
promoting each other. As a result, the realization of interdisciplinary research on international legal theory and the study
of international law is inevitable. As a matter of fact, even though the interdisciplinary research of the two subjects has
been separated for almost half a century, the need for the development of the subject and the changing world political and
economical status give them a new chance for reunification. Recently, the interdisciplinary research on international relations
theory and international law by the Western academic is becoming the order of the day, which has become the latest shining
point of the recent development of the two subjects, which is even regarded as the new revolution of international relations
theory and the study of international law. In this context, the past ten years is a period of emergence of Chinese international
relations and the interdisciplinary research of international law. In the past ten years, some scholars have overcome “the
difficulty of interdisciplinary research,” “the prejudice within the subject” and “the gap among different subjects,” and
made pioneering research in the field of “systematic connection” and “issues in overlapping field.” Moreover, they gradually
make the interdisciplinary research to be a popular method and a common recognition. Based on the current studies, interdisciplinary
research will have a broad future in the fields such as “the interchange of concepts,” “the exchange of method,” and “the
mutual assistance of materials,” which will provide scholars in this area with a broad space for research. 相似文献
11.
Elina Staikou 《International Journal for the Semiotics of Law》2010,23(3):283-298
The article attempts to think friendship in its relation to law and justice and provides some arguments for the importance
of this concept in Derrida’s ethical, legal and political philosophy. It draws on early texts such as Of grammatology and reads them in conjunction with later texts such as The animal that therefore I am. The relation of friendship to law and justice is explored by means of Derrida’s notion of “degenerescence” understood as
the necessity or law of indeterminateness that cuts across, both limiting and de-limiting, all laws, types and generic partitions,
for instance, juridical (natural and positive right), humanistic (human and animal), anthropological (sexual difference),
philosophical (physis and nomos). Drawing on Derrida’s readings of “sexual difference” in Heidegger and the latter’s evocation of “the voice of the friend”
in Being and time, the article addresses the theme of Geschlecht and articulates the exigency to think sexual difference beyond duality together with the exigency to rethink law and right
otherwise than on the ground of nativity and “natural fact” and in terms of what Derrida calls “a friendship prior to friendships”
at the origin of all law and socius. 相似文献
12.
This paper presents the academic field of criminal justice as an interpretive social science. The opening section discusses
academic criminal justice from scientific and interpretive perspectives, arguing that the terminology of “justice” is essentially
contested. The second section presents the key implication of a contested core terminology: that an interpretive approach
is the best way to develop the academic field of criminal justice. Section three reviews central elements of the Gadamerian
tradition, with an eye towards its application to the field of criminal justice. The fourth section considers two issues pertinent
to an interpretive criminal justice—the problem of interpretation in a field where professional practice is destructive to
other normative systems, and the contribution of an interpretive criminal justice to public policy. 相似文献
13.
Jan M. Broekman 《International Journal for the Semiotics of Law》2007,20(3):223-236
Lawyers write, blog and are otherwise producers of words; they structure public life through legal discourse and integrate
all issues that reinforce legal reasoning. Even if one is inclined not to justify the power of their words in the context of a democratic theory, one is hardly able to challenge its public acceptance.
But semiotic analyses harden the question whether these emperors wear nothing but robes. That attitude intensifies where medicine
becomes increasingly relevant for legal discourse, as becomes clear where for instance US political viewpoints bring bioethical
issues to the Courts. One major theme in today’s medicine pertains to identity in its psychological, philosophical and social dimensions. Identity thus becomes a groundbreaking semiotic issue in law and medicine; both discourses are particular important to the otherness of the other. A US criminal law case interests here (Harrington
v. State of Iowa, 2003; cited as: 659N.W.2d 509). The case is decided with “information about what the person has stored in
his brain”. A chain of signs is involved: from “brain-function” to “brain-storage” via “brain-scan” to “brain-fingerprint”,
for which the case became famous. A long series of signs and meanings belong here to intertwined discourses. Central is a
particular sign in each discourse: “brain” means brain scan, and “fingerprint” means law! The two display trading mechanisms, which determine the otherness of the other and the self! The chain of signs in the Harrington case shows inter-disciplinarity in law and inter-discursivity among law and medicine. The trading itself underlines the semiotic dimensions in cyberspace, in particular the semiotics of the
virtual (Hayles, Kurzweil) and their effects on legal discourse. 相似文献
14.
This paper discusses the relationship between law and morality. Morality does not necessarily coincide with the law, but it
contributes to it. An act may be legal but nevertheless considered to be immoral in a particular society. For example, the
use of pornography may be considered by many to be immoral. Nevertheless, the sale and distribution of non-violent, non-child
related, sexually explicit material is legal (or regulated) in many jurisdictions. Many laws are informed by, and even created
by, morality. This paper examines the historical influence of morality on the law and on society in general. It aims to develop
a theoretical framework for examining legal moralism and the social construction of morality and crime as well as the relationship
between sex, desire and taboo. Here, we refer to the moral temporality of sex and taboo, which examines the way in which moral
judgments about sex and what is considered taboo change over time, and the kinds of justifications that are employed in support
of changing moralities. It unpacks the way in which abstract and highly tenuous concepts such as “desire”, “art” and “entertainment”
may be “out of time” with morality, and how morality shapes laws over time, fabricating justifications from within socially
constructed communities of practice. This theoretical framework maps the way in which these concepts have become temporally
dominated by heteronormative structures such as the family, marriage, reproduction, and longevity. It is argued that the logic
of these structures is inexorably tied to the heterosexual life-path, charting individual lives and relationships through
explicit phases of childhood, adolescence and adulthood that, in the twenty-first century, delimit the boundaries of taboo
surrounding sex more than any other time in history. 相似文献
15.
The author discusses the interaction between international andnational law in determining whether a case is admissible fromthe viewpoint of complementarity (Article 17 of the Statuteof the International Criminal Court) and with regard to theconcept of interests of justice (Article 53 ofthe same Statute). Complementarity does not separate nationalfrom international criminal jurisdiction; nor does it put themin conflict with each other rather, it favours the aforementionedinteraction. In addition, the concepts of abilityand willingness tend to ensure an indirect harmonizationof national criminal systems around common international criteria.As for reliance on the notion of interests of justicewhen determining whether to initiate proceedings, accordingto the author, Article 53 envisages a compromise between prosecutorialdiscretion and strict legality, thereby enshrining a hybridizationbetween various national traditions. The author notes that thedecision to open investigations should be objective and foreseeable;to this end, she suggests some general criteria, which are intendedto serve as guidelines for establishing whether, in a specificcase, the interests of justice warrant the initiation of proceedings. 相似文献
16.
Kevin T. Jackson 《Law and Philosophy》1993,12(2):157-192
This article asks whether a “law-as-integrity” approach to human rights adjudication provides a theoretical framework within
which to make sense of authoritative regional interpretations of basic human rights for the global community. To focus analysis,
I consider U.S. court interpretations of international human rights as an interpretive context. I argue that, with appropriate
modification so as to include the world community as a “community of principle” for purposes of human rights adjudication,
the law-as-integrity perspective permits disputes surrounding the legality of human rights to revolve around competing interpretive
claims backed up by justifying legal theories, rather than as ideological battles external to a juridical philosophy of rights. 相似文献
17.
Anita Soboleva 《International Journal for the Semiotics of Law》2007,20(3):263-283
The purpose of the article is to show through the analysis of some recent publications, art exhibitions, trials and other
types of discourse, who is considered to be “an enemy” in Russia today and how law enforcement and the judiciary respond to
so called “threats,” emanating from the constructed enemies. The analysis reveals some dangerous tendencies in the formation
of a common identity for people living in Russia. For instance, search for a “national idea,” “traditional roots,” “patriotism,”
and “distinctive nature,” aimed at the formation of this common identity and strengthening the state, is implemented in a
way, which leads to the exclusion of ‚others’ and thus undermines the possibility to lay the foundation for the multicultural
state based on peace, harmony and tolerance. Russia must become a common house for all ethnic, religious and linguistic minorities
living in it, and no one representing them should be in a position of the less favored and less protected. National identity
in a multinational state can be only a plural identity, providing for the possibility of living in several communities simultaneously. 相似文献
18.
Nathan Harvill 《International Journal for the Semiotics of Law》2010,23(1):49-60
This paper applies semiotic analysis to issues arising from the recent Supreme Court decision of Kelo v. City of New London [545 U.S.469] (2005). The author uses the tools of semiotics to explore the evolution of language and speech and their relationship
to the terms, “private property” and “public use” as used by the Supreme Court and the general public in the years leading
up to the Kelo decision. This paper will first provide an overview of the field of semiotics, describing the prevailing thought and the
methods utilized by semioticians to find meaning. Second, the tools of semiotics will be applied to Supreme Court cases, beginning
with Bauman v. Ross [167 U.S. 548] (1897) and continuing to Kelo v. City of New London. Utilizing these tools, the author will show how, within the span of approximately 100 years, the speech of the court has
affected the language of legal discourse. The signs to which both Bauman and Kelo seek to attach meaning are found in the Fifth Amendment to the US Constitution, which provides, in relevant part, “…nor shall
private property be taken for public use, without just compensation.”(emphasis added) (U.S. Const. Amendment 5). This dialectic activity resulted in the development of two different languages. One was used by the layperson, whereas
the other was found in relevant legal/political institutions such as the US Supreme Court. This paper will focus on the fundamental
change in the meaning of the sign/expression “public use.” 相似文献
19.
The Constitution of Violence Through the Language of Law: Legal Hermenutics in Second‐Century Roman Egypt 下载免费PDF全文
Justin B. Richland 《Law & social inquiry》2015,40(3):797-801
Bryen, Ari Z. 2013. Violence in Roman Egypt: A Study in Legal Interpretation . Philadelphia, PA: University of Pennsylvania Press. Pp. 376. $75.00 cloth; $75.00 eBook. This essay examines the linguistic anthropological themes emergent in Violence in Roman Egypt (2013). Viewing law as a discourse, it explores how language is constitutive of law and is the primary modality of acting upon, and enacting the world(s) that it shapes, giving meaning to the lives of people who engage each other in and through it. Violence petitions in second‐century Egypt are a fundamental mode of sense making and problem solving, calling on legal authorities to interpret claims of iniuria, or legal battery, into a language that they understand and remedy. In doing so, law changes the discourse of violence, specifically, and social life, more broadly. 相似文献
20.
M. G. Salter 《Liverpool Law Review》1985,7(1):33-50
Conclusion Thus power appears as both a topic within an already constituted realm of legal analysis, and as one of the motors that drives the constitution of this realm. This second foundational level is only available to reflexive thought that can place its analysis within the world of law it analyses so as to monitor its own possibility-conditions. Power therefore presents itself as shaping the very language employed to articulate it so that the analytic language of legal education can become a resource in its own right. In drawing upon this resource we have found that power and truth are mutually implicated. Contrary to the counter-reflexive and implicit view of legal culture, this means that knowledge of the power/truth relation is also an outcome of this relation. This suggests that power is a positive factor in the determination of any legal meaning and developments within legal disciplines. Through the disowning of legal culture's counter-reflexivity it is possible positively to characterise the character and operation of power across the constituted and constituing levels. At the constituted level it shapes discourse and speakers from the inside as well as externally. At the constituting level — which can no longer be treated separately — it individualises/collectivises those very subjects, their positions and world, and distributes a conceptual and linguistic framework for its self-comprehension. 相似文献