讯问语言修辞手段的选择与运用

讯问语言修辞是在讯问犯罪嫌疑人活动中，适当地运用修辞方法、手段，增强讯问语言的表达效果，以促使犯罪嫌疑人的心理和行为良性转化，达到审讯目的的一种语言活动。讯问语言修辞是在十分特殊语境中运用的修辞形式。讯问语言中运用修辞手段要遵守选用讯问语言技巧的原则要求，处理好选用修辞手段和遵循讯问活动的法律要求之间的关系。在讯问语言中选择运用好比喻、借代、对比、排比、层递、反复、设问、反问和双关等。     

关于我国土地征收制度的特点与完善

土地征收是国家为实现公共利益而强制调整人民土地权益的行为,属于一种不得已而对合法私权科以的特别负担。由于我国现行土地管理和财政管理体制存在缺陷,一些地方政府的土地征收行为存在向＂赢利性经济人＂蜕变的趋势,严重影响了社会和谐。对此,需要科学界定＂公共利益＂,完善相关法律制度,并进一步明确人民的土地权益,以便形成必要的制衡机制。     

第三人利益的保护——善意取得还是无因性原则

我国正在制定的《物权法》,在第三人利益保护的问题上 ,存在着适用善意取得制度或物权无因性原则两种观点的争论。本文认为 ,善意取得制度更能体现法的正义性 ,也更切合我国的国情 ,所以应是我国立法的选择。但善意取得制度应吸取无因性原则的优点 ,对善意的认定应采用客观推定的办法。本文同时提出了其他方面完善的措施。     

“The Mother of Reason and Revelation”: Benjamin on the Metaphysics of Language

This paper is a reconstruction of Walter Benjamin's philosophy of language, especially as it expressed in 1916's “On Language as Such and the Language of Man”. I read Benjamin's theory as a contribution to what Charles Taylor has called the “expressivist” tradition that includes eighteenth century thinkers like J.G. Herder and J.G. Hamann. Hamann's work and his interpretation of the theological concept of condescension are of particular importance. Although Benjamin's views are often regarded as impenetrable or mystical, they are relevant to and, in part, motivated by concerns of more mainstream twentieth century philosophy of language, in particular Russell's paradox. His “metaphysics of language” understands reference or designation, central to analytic theories of meaning, as derived from a more fundamental, aesthetic meaning.     

Explaining Kazakhstani identity: supraethnic identity,ethnicity, language,and citizenship

The demographic composition of Kazakhstan after the fall of the Soviet Union presented a dilemma to the new Kazakhstani government: Should it advance a Kazakh identity as paramount, possibly alienating the large non-Kazakh population? Or should it advocate for a non-ethnicized national identity? How would those decisions be made in light of global norms of liberal multiculturalism? And, critically, would citizens respond to new frames of identity? This paper provides an empirical look at supraethnic identity-building in Kazakhstan – that is, at the development of a national identity that individuals place above or alongside their ethnic identification. We closely examine the Assembly of People of Kazakhstan to describe how Kazakhstani policies intersect with theories of nationalism and nation-building. We then use ordered probit models to analyze data from a 2014 survey to examine how citizens of Kazakhstan associate with a “Kazakhstani” supraethnic identity. Our findings suggest that despite the Assembly of People’s rhetoric, there are still significant barriers to citizen-level adoption of a supraethnic identity in Kazakhstan, particularly regarding language. However, many individuals do claim an association with Kazakhstani identity, especially those individuals who strongly value citizenship in the abstract.     

Who stands for the norm? The place of metonymy in androcentric language

Since its emergence as an academic discipline in the early 1970s, feminist commentary and scholarship has prosecuted a critique of androcentric or sexist (gender exclusive) language, which has to some extent been successful. The struggle by women to occupy a positive linguistic space is continually being challenged by the endemic nature of masculine bias, which is realized through “indirect” or “subtle” sexism in the community. Seemingly innocuous words, like guy/guys, are frequently used to represent both men and women, reminiscent of the previous use of man/men as gender-inclusive common nouns. This raises the question of how to account for the persistence of such language use in spite of the fact that attention is regularly drawn to its problematic character. In this paper we approach the matter in a novel way, by appealing to work in the field of cognitive semantics, in particular the conceptual theory of metonymy. We propose that the relationship between the concepts of masculine and feminine as these are typically structured through language is indicative of a metonymy THE MASCULINE FOR THE FEMININE, in which the masculine “stands for” the feminine and in which lexical items are given as inclusive yet in effect refer to one (normative) gender. A corollary is that the feminine is subsumed (really or virtually) by the presence of the masculine and is made to disappear, and only reappears when she needs to be specified within the contextual frame.     

Two principles of equal language recognition

Within the umbrella of equal recognition, several principles of linguistic justice can be distinguished. A first, the per-capita principle, mandates prorating language recognition based on a per-capita distribution. A second, the equal-services principle, prescribes upholding the official languages as the languages in which the state speaks and in which public services are provided, irrespective of changing numbers of speakers. Alan Patten defends the prorated per-capita principle. I argue for the equal-services principle, which practically will often amount to a form of linguistic maximin: the more vulnerable the language, the more numerous the resources.     

“Orbiting the Core”: Politics and the Meaning of Dialect in Chinese Linguistics, 1927–1957

In 1956, the Chinese Communist state launched its official language policy, which included the promulgation of a standard spoken language, called Putonghua. Their justification for this policy and their methods for implementation were guided by intellectual and ideological frameworks that formed during decades preceding the policy's rollout. In particular, Communist language reform was predicated on the conceptualization of Putonghua as a holistic language meant to serve the national body—and of local dialects, called fangyan in Chinese, as dependent on Putonghua for their very definition. This article interrogates the history of this framework. Focusing on dialect surveys from the 1930s, Chinese interpretations of Marxist linguistic theory in the early years of the Communist state, and methods of Putonghua promulgation in the late 1950s, this article reconstructs the epistemological regimes that gave meaning to the concept of independence and autonomy as they related to language in modern China.     

Language and education laws in multi-ethnic de facto states: the cases of Abkhazia and Transnistria

Even after the conflicts of the early 1990s that brought them to their de facto independence, both Abkhazia and Transnistria remained strongly multi-ethnic. In both territories, no single ethnic group is an absolute majority and Russian is the language that is mostly spoken on the streets of Sukhumi and Tiraspol. Legislators of both entities felt the need to deal with multi-ethnicity and multilingualism, including in their constitutions, in laws related to education, or more directly with specific language laws (1992 law “On languages” in Transnistria; 2007 law “On the state language in Abkhazia”). The protection of linguistic rights that is formally part of the legislation of both territories finds limitations in practice. The language of education has proved to be particularly contentious, in particular for Moldovan/Romanian language schools in Transnistria and Georgian language schools in Abkhazia. Why are language laws in Abkhazia and Transnistria so different, in spite of the fact that they are both post-Soviet, multi-ethnic territories that became de facto independent in the early 1990s? The different approaches found in Abkhazia and Transnistria represent remarkable examples of language legislation as a tool for nation-building in ethnically heterogeneous territories.