Between Conciseness and Transparency: Presuppositions in Legislative Texts

Presupposition is the semantic-pragmatic phenomenon whereby a statement contains an implicit precondition that must be taken for granted (presupposed) for that statement to be felicitous. This article discusses the role of presupposition in legislative texts, using examples from Swiss constitutional and administrative law. It illustrates (a) how presuppositions are triggered in these texts and (b) what functions they come to serve, placing special emphasis on their constitutive power. It also demonstrates (c) how legislative drafters can distinguish between “good” presuppositions and “bad” presuppositions by weighing their main advantage, conciseness, against their main flaw, reduced transparency. The present study argues that, if employed carefully, presuppositions can be a useful stylistic means to keep legislative texts free from unnecessary clutter that merely elaborates on the obvious; however, it also suggests that, if applied wrongly, presuppositions can camouflage the duties and obligations placed on the subjects of a law and thus impede its accessibility and its efficient and effective implementation.     

New Rules for the Spaces of Urbanity

The best way to conceive semiotical spaces that are not identical to single buildings, such as a cityscape, is to define the place in terms of the activities occurring there. This conception originated in the proxemics of E. T. Hall and was later generalized in the spatial semiotics of Manar Hammad. It can be given a more secure grounding in terms of time geography, which is involved with trajectories in space and time. We add to this a qualitative dimension which is properly semiotic, and which derives from the notion of border, itself a result of the primary semiotic operation of segmentation. Borders, in this sense, are more or less permeable to different kinds of activities, such as gaze, touch, and movement, where the latter are often not physically defined, but characterized in terms of norms. Norms must be understood along the lines of the Prague school, which delineates as scale going from laws in the legal sense to simple rules of thumb. Such considerations have permitted us to define a number of semio-spatial objects as, most notably, the boulevard, considered as an intermediate level of public space, located between the village square and the coffee house presiding over what Habermas called the public sphere. Urbanity originates as a scene on which the gaze, well before the word, mediates between the sexes, the classes, the cultures, and other avatars of otherness. However, this scenario is seriously upset but the emergence of the cell phone and other technical devices, as well as by the movement of populations.     

A contractual perspective on succession in family firms: a stakeholder view

This paper analyses succession in family firms from a contractual perspective. A firm is regarded as a nexus of contractual relations with owners, employees, suppliers of goods and services and customers. These contractual parties are in differing degrees tied to the firm through asset specificities. Succession can affect the value of such assets. In this sense they become stakeholders with vested interests in the succession process. The theoretical discussion of affected stakeholders is backed up by a survey study of 143 Swedish family-owned businesses that have been subject to succession. The results show that the opinions of close shareholders such as family members and incumbent mangers as well as those of other stakeholders such as suppliers and customers are important.     

Cultivated ties and strategic communication: do international environmental secretariats tailor information to increase their bureaucratic reputation?

International Environmental Agreements: Politics, Law and Economics - The past few years have witnessed a growing interest among scholars and policy-makers in the interplay of international...     

CHANS-Law: preventing the next pandemic through the integration of social and environmental law

International Environmental Agreements: Politics, Law and Economics - Zoonotic viruses have sacrificed hundreds of millions of people throughout human history. There are currently 1.7 million...     

Population growth,family planning and the Paris Agreement: an assessment of the nationally determined contributions (NDCs)

International Environmental Agreements: Politics, Law and Economics - Under the Paris Agreement, nations made pledges known as nationally determined contributions (NDCs): national climate plans...     

Converging on euroscepticism: Online polity contestation during European Parliament elections

Does the increasing politicisation of Europe signify a step towards the legitimation of the Union? This could be the case if the increased public intensity of debate and polarisation of opinion brought about by politicisation do not fragment the audience and if arguments presented in public are sufficiently clear about the desired nature of the polity. To answer this question, the focus of this article is on dynamic contestation in the public sphere using original data of news platforms and political blogs in 12 EU Member States and transnational websites during the European Parliament election campaign of 2009. The results are, first, that diffuse eurosceptic evaluations dominate public debates despite large variation in the intensity of debate across Member States. Second, a majority of evaluations made, particularly those by citizens leaving comments online, are negative in all countries included in this study. A gap between elites and citizens persists, but it appears less pronounced than often proclaimed in the literature. And third, democracy is a primary concern in EU polity contestation, especially for those evaluating the EU negatively. Although little evidence is found of a fragmentation of audiences, the prominence of diffuse euroscepticism poses a major challenge to legitimation of the Union.     

Civil society participation in global governance: Insights from climate politics

A rather unique feature of global climate negotiations is that most governments allow representatives of civil society organisations to be part of their national delegation. It remains unclear, however, why states grant such access in the first place. While there are likely to be benefits from formally including civil society, there are also substantial costs stemming from constraints on sovereignty. In light of this tradeoff, this article argues for a ‘contagion’ effect that explains this phenomenon besides domestic determinants. In particular, states, which are more central to the broader network of global governance, are more likely to be informed of and influenced by other states' actions and policies toward civil society. In turn, more central governments are likely to include civil society actors if other governments do so as well. This argument is tested with data on the participation of civil society organisations in national delegations to global climate negotiations between 1995 and 2005. To further uncover the underlying mechanisms, the article also provides an analysis of survey data collected at the United Nations Framework Convention on Climate Change (UNFCCC) negotiations in Durban in 2011.     

The EU's growing external role in the AFSJ domain: factors,framework and forms of action

External action has been of growing importance for the Union's Area of Freedom, Security and Justice (AFSJ) and accounted in 2011 already for over 19 per cent of all texts adopted by the Justice and Home Affairs Council. AFSJ related external action has also added a new dimension to previously existing fields of EU external relations. This article first considers the internal and external factors which have influenced the development the external side of the AFSJ and the impact of the post-Lisbon legal and institutional framework, including the special context created by the ‘opt-outs’ and coherence problems within this framework. It then provides a survey and analysis of the main forms of EU action in this domain (strategy formulation, cooperation with third countries, capacity-building and cooperation with and within international organizations) before assessing—in the conclusions—the implications of this external dimension for both the EU and the Member States and its future developments prospects.