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Journal articles on the topic 'Legal validity theory of discourse'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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1

Maceratini, Arianna. "Democracy and Language in Jürgen Habermas’s Discourse Theory." Studies in Logic, Grammar and Rhetoric 59, no. 1 (2019): 7–25. http://dx.doi.org/10.2478/slgr-2019-0026.

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Abstract The concept of hermeneutic science is outlined by Habermas as a reflection within the ordinary language, addressed to the dialogic dimension of intersubjective recognition and connected to the juridical guarantee. The guarantee function fulfilled by the discursive agreement towards every real dialogue is obvious: it indicates the main reference point for the regulation and coordination of social action, tracing a line of demarcation between being and having to be, facts and norms. Speech, communicative agreement and legal guarantee are mutually qualified terms where the public discuss

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Bódig, Mátyás. "Legal Theory and Legal Doctrinal Scholarship." Canadian Journal of Law & Jurisprudence 23, no. 2 (2010): 483–514. http://dx.doi.org/10.1017/s0841820900005014.

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The essay is an attempt to clarify some issues concerning the point of doing conceptual legal theory. It provides a reassessment of the relationship between conceptual legal theory, legal doctrinal scholarship and the legal practice. The analysis concentrates on what may be termed the ‘mainstream’ discourse on conceptual legal theory (characterised by authors like Hart, Raz, Dworkin, Finnis), and depicts the mainstream discourse as functionally connected to legal doctrinal scholarship. The essay argues that a more open commitment to reflecting current problems of legal doctrinal scholarship wo

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Priel, Dan. "The Place of Legitimacy in Legal Theory." McGill Law Journal 57, no. 1 (2011): 1–35. http://dx.doi.org/10.7202/1006417ar.

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In this essay I argue that in order to understand debates in jurisprudence one needs to distinguish clearly between four concepts: validity, content, normativity, and legitimacy. I show that this distinction helps us, first, make sense of fundamental debates in jurisprudence between legal positivists and Dworkin: these should not be understood, as they often are, as debates on the conditions of validity, but rather as debates on the right way of understanding the relationship between these four concepts. I then use this distinction between the four concepts to criticize legal positivism. The p

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Antonov, M. V. "Legitimacy, Recognition, Validity and Abolition of Legal Norms in Legal Usage." Russian Journal of Legal Studies 5, no. 2 (2018): 118–24. http://dx.doi.org/10.17816/rjls18411.

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The present paper has as its object the investigation into meanings of propositions about legitimacy of law and their possible conceptual interconnection with propositions about validity of law. The paper analyzes the genesis of the legitimacy discourse in law, the criteria of recognition in law and their significance for defeasibility of particular norms of law as a way of «delegitimating» these norms. The author examines whether and under which circumstances binding force of law can be dependent on legitimacy of law and on recognition of law by its addressees. The author points out at some c

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Gibney, John. "Select document: A discourse of Ireland, 1695." Irish Historical Studies 34, no. 136 (2005): 449–55. http://dx.doi.org/10.1017/s0021121400006428.

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Ireland’s political and constitutional relationship to England remains a key theme of late medieval and early modern Irish history. Although it was a relationship in which Ireland was undoubtedly the subordinate kingdom, contemporary justifications for this subordination, and assertions of its basis, are often overshadowed by arguments directed against its validity. The text reproduced below is an assertion of that validity. It offers a highly selective analysis of English policy in Ireland from the twelfth century to the end of the seventeenth, based upon the assumption of Ireland’s legal and

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Cheng, Le. "Introduction: Hidden meanings in legal discourse." Semiotica 2016, no. 209 (2016): 1–3. http://dx.doi.org/10.1515/sem-2016-0011.

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Ponzio, Augusto. "Comparing the incomparable and legal discourse." Semiotica 2016, no. 209 (2016): 5–14. http://dx.doi.org/10.1515/sem-2016-0019.

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AbstractIt is not with the State that personal responsibility arises towards the other. According to Emmanuel Levinas, the other is every single human being I am responsible for, and I am this responsibility for him. The other, my fellow, is the first comer. But I do not live in a world with just one single “first comer”; there is always another other, a third, who is also my other, my fellow. Otherness, beginning with this third, is a plurality. Proximity as responsibility is a plurality. There is a need for justice. There is the obligation to compare unique and incomparable others. This is w

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Danesi, Marcel, Laura Ervo, Lukas Kindberg, and Kerstin Nordlöf. "The #MeeToo Movement as an e-Discourse: Social and Legal Effects." HumaNetten, no. 46 (June 16, 2021): 56–74. http://dx.doi.org/10.15626/hn.20214604.

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In this article, the #MeToo movement, as a socio-political form of e-discourse (discourse enacted on social media platforms and other types of online channels), will be examined in terms of the effectiveness of its discursive forms and the kinds of effects these have had on social consciousness generally with regard to sexual misconduct in the workplace, and in terms of the cases it has made famous against individuals via “trial-by-social-media,” and their outcomes in people’s lives. The specific cases discussed in this paper are those concerning well-known Swedish and American media personali

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Гарашко, Анна, and Anna Garashko. "Structural-functional characteristics legal discourse in the theory of law." Advances in Law Studies 5, no. 4 (2018): 313–17. http://dx.doi.org/10.29039/article_5a1fd08371d786.95303009.

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Park Kang-woo. "Possibility and Limitation of Applying Discourse Theory in Criminal Procedure." KOOKMIN LAW REVIEW 29, no. 2 (2016): 97–132. http://dx.doi.org/10.17251/legal.2016.29.2.97.

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Johansen, Baber. "Casuistry: Between Legal Concept and Social Praxis." Islamic Law and Society 2, no. 2 (1995): 135–56. http://dx.doi.org/10.1163/1568519952599349.

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AbstractCasuistry is generally regarded as an important method of reasoning employed by Muslim jurists; Western scholars emphasize its deficiencies and negative effects on the normative structure of Islamic Law, ascribing its preponderance in legal discourse to the quest for abstract thought and jurisprudential (uṢūlī) verbiage. Against this view, I argue that casuistry pertains to a process of social differentiation that renders the universal validity of norms socially implausible and that Muslim jurists often engaged in casuistry in an effort to answer practical problems that evolve from thi

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McFaul, Hugh. "Does Clinical Legal Education Need Theory?" Asian Journal of Legal Education 7, no. 2 (2020): 152–63. http://dx.doi.org/10.1177/2322005820916891.

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Clinical legal education (CLE) is an increasingly common feature of legal education programmes in higher education around the world. The growth in this area has led to a developing academic literature facilitated by specialist journals and conferences, which have produced a largely pragmatic and practice-orientated discourse, with relatively little discussion of wider theoretical issues and their relevance to this area of academic practice. This conceptual study contextualizes the growth of CLE in the UK by considering the influence of two neoliberal policy drivers: marketization and the decli

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Puig Hernández, Marc-Abraham. "Ideological Freedom And Related Legal Wording." Age of Human Rights Journal, no. 14 (June 15, 2020): 109–36. http://dx.doi.org/10.17561/tahrj.v14.5480.

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In practical discourse, we can find out legal wording that is associated with ideological freedom and applied interchangeably: freedom of thought, freedom of conscience and religious freedom. In this essay, our aim consists in determining which the proper use of each expression is. For this purpose, we have observed: how the concept of ideological freedom is established in some legal systems; how it can be differentiated from religious freedom clearly but not from freedom of conscience on account of a vague material scope of validity; and why these difficulties move from conceptual to legal ar

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Beaman-Hall, Lori. "Abused Women and Legal Discourse: The Exclusionary Power of Legal Method." Canadian journal of law and society 11, no. 1 (1996): 125–39. http://dx.doi.org/10.1017/s0829320100004610.

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AbstractTraditional legal method continues to be one of the most unexplored aspects of the gendered nature of legal discourse. In this paper, I outline a number of problems legal method creates in relation to women's experiences, more specifically the ways in which legal method works, as part of legal discourse, to exclude abused women's stories. Expanding the conceptualization of legal method as a process which includes the more mundane and insidious aspects of the daily practice of law, this paper examines aspects of legal method which are often overlooked in feminist legal theory and resear

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Saiman, Chaim. "Jesus' Legal Theory—A Rabbinic Reading." Journal of Law and Religion 23, no. 1 (2007): 97–130. http://dx.doi.org/10.1017/s0748081400002617.

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These are heady times in America's law and religion conversation. On the campaign trail in 1999, then-candidate George W. Bush declared Jesus to be his favorite political philosopher. Since his election in 2001, legal commentators have criticized both President Bush and the Supreme Court for improperly basing their decisions on their sectarian Christian convictions. Though we pledge to be one nation under God, a recent characterization of the law and religion discourse sees America as two sub-nations divided by God. Moreover, debate concerning the intersection between law, politics and religio

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Dedinkin, A. L. "Legal Discourse as a Multi-Dimensional Integrated Phenomenon and Legal Linguistics as a Syncretic Science." Bulletin of Kemerovo State University 23, no. 1 (2021): 220–28. http://dx.doi.org/10.21603/2078-8975-2021-23-1-220-228.

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The article introduces legal discourse as part of a complex communicative activity. It is an integrative interdisciplinary phenomenon on the border of jurisprudence and linguistics. The research objective was to establish the constituent parts of legal discourse, which includes legal texts, related scientific literature, and other documents. Legal linguistics is a generalizing discipline that studies the interaction of language and law. The line between legal discourse and other discourses is hard to define. Legal discourse is characterized by unified subjects, procedures, circumstances, and i

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Donyets-Kedar, Ronit. "Challenging Corporate Personhood Theory: Reclaiming the Public." Law & Ethics of Human Rights 11, no. 1 (2017): 61–88. http://dx.doi.org/10.1515/lehr-2017-0006.

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Abstract The article aims is to show that the jurisprudence of corporate law, and specifically the theory of corporate personhood, lacks almost any explanatory power for legal doctrines and rules it is thought to inform. The article argues, first, as a matter of theory, that the different models of corporate personhood (the concession model, the aggregate theory and the real entity theory) do not carry normative weight to inform significant, concrete legal conclusions; and second, as a practical matter of legal doctrine, that the Supreme Court’s rulings on corporate rights deploy the theoretic

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Thornton, Margaret. "Postscript: Feminist Legal Theory in the 21st Century." Laws 9, no. 3 (2020): 16. http://dx.doi.org/10.3390/laws9030016.

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This editorial takes the form of a short postscript to a special issue of Laws published in 2019–20. It shows how feminist legal theory (FLT), a corollary of second wave feminism, was initially embraced by law schools but soon subjected to a backlash. FLT was nevertheless able to turn around the negative discourse of post-feminism to show that the “post” can mean not just the end but a new beginning. The Special Issue attests to the resurgence of FLT in the 21st century.

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Hossain, M. "Islamic Veiling in Legal Discourse * By ANASTASIA VAKULENKO." Journal of Islamic Studies 24, no. 3 (2013): 418–20. http://dx.doi.org/10.1093/jis/ett003.

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Myers, Victoria. "Joanna Baillie and the Emergence of Medico‐Legal Discourse." European Romantic Review 18, no. 3 (2007): 339–59. http://dx.doi.org/10.1080/10509580701443307.

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21

Moyo, Khanyisela. "Feminism, Postcolonial Legal Theory and Transitional Justice: A Critique of Current Trends." International Human Rights Law Review 1, no. 2 (2012): 237–75. http://dx.doi.org/10.1163/22131035-00102002.

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Inspired by feminist legal theory and postcolonial literal studies this article interrogates the ‘transitional justice discourse’ and coins critiques which re-examine the discipline’s key tenets; namely, democracy, liberalism, rule of law and human rights. It argues that while transitional justice can be seen as one of the masculine human rights strategies that are reminiscent of imperial intervention in the lives of postcolonial subjects, it is open to seizure by the same. This is possible in transitional contexts since these situations create opportunities for stakeholders to rethink the ina

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22

Belhaj, Abdessamad. "Al-Ris?la (attributed to al-Š?fi??) and the Question of Vagueness in Islamic Legal Hermeneutics." Comparative Islamic Studies 11, no. 1 (2017): 95–107. http://dx.doi.org/10.1558/cis.20372.

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This article investigates the problem of legal vagueness in Islamic legal hermeneutics. In particular, it examines al-Ris?la’s (attributed to al-Š?fi??) approach to use language as an argument for the clarity of legal discourse. It argues that ambiguity, although recognized as a legal hermeneutic problem, was not tolerated within Islamic legal discourse. It also makes the case that al-Ris?la’s stance develops early reverse pragmatics or pragmatics-for-apologetics in Islamic legal theory.

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23

Sun, Bo. "Information Structure Parsing for Chinese Legal Texts." International Journal of Technology and Human Interaction 15, no. 1 (2019): 46–64. http://dx.doi.org/10.4018/ijthi.2019010104.

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Information processing is one of the main concerns in the field of artificial intelligence, because it can benefit many related downstream tasks. To facilitate information processing, information structure parsing is assumed to be of great significance. This article proposes a discourse analysis based approach so that information structure of Chinese legal texts can be recognized automatically. This article employs Discourse Information Theory to explore information features of Chinese legal texts. The texts used in this study include 6 types, each type containing 60 training texts and 30 test

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24

McCormick, John P. "Habermas' Discourse Theory of Law: Bridging Anglo-American and Continental Legal Traditions?" Modern Law Review 60, no. 5 (1997): 734–43. http://dx.doi.org/10.1111/1468-2230.00113.

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Allen, David S. "Merging law and ethics: Discourse legal theory and freedom of expression inHurley." Communication Law and Policy 4, no. 4 (1999): 403–30. http://dx.doi.org/10.1080/10811689909368684.

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Paunio, Elina. "Beyond Predictability – Reflections on Legal Certainty and the Discourse Theory of Law in the EU Legal Order." German Law Journal 10, no. 11 (2009): 1469–93. http://dx.doi.org/10.1017/s2071832200018332.

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Legal certainty requires a balance between stability and flexibility. Following the hermeneutical footsteps of legal theorists such as Aulis Aarnio and Alexander Peczenik, a distinction can be made between formal and substantive legal certainty; between predictability and acceptability of legal decision-making. Formal legal certainty implies that laws and, in particular, adjudication must be predictable: laws must satisfy requirements of clarity, stability, and intelligibility so that those concerned can with relative accuracy calculate the legal consequences of their actions as well as the ou

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Ben-Dor, Oren. "The One-State as a Demand of International Law: Jus Cogens, Challenging Apartheid and the Legal Validity of Israel." Holy Land Studies 12, no. 2 (2013): 181–205. http://dx.doi.org/10.3366/hls.2013.0069.

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This article provides the initial contours of an argument that uses International Law to challenge the validity of Israeli apartheid. It challenges the conventional discourse of legal debates on Israel's actions and borders and seeks to link the illegalities of these actions to the validity of an inbuilt Israeli apartheid. The argument also connects the deontological doctrine of peremptory norms of International Law (jus cogens), the right of self-determination and the International Crime of Apartheid to the doctrine of state recognition. It applies these to the State of Israel and the vision

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Batyushkina, M. V. "LINGUISTIC EXPERTISE IN LEGAL DISCOURSE: TYPES AND ASPECTS." Bulletin of Kemerovo State University, no. 2 (June 29, 2017): 164–72. http://dx.doi.org/10.21603/2078-8975-2017-2-164-172.

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The article is devoted to the relevance of special linguistic knowledge in legal discourse and the determination of the competence of an expert linguist. It features the analyses of the basis for the use of linguistic expertise in the aspect of the legal discourse. Special attention is given to the analysis of the relation between the concept of juridical discourse and the legislative discourse, law enforcement discourse, court discourse. The problem of classification of linguistic expertise with application of methods of the theory of classification and an example of subsumption classificatio

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Gotti, Maurizio. "The influence of legal tradition on Italian arbitration discourse." Semiotica 2017, no. 216 (2017): 317–37. http://dx.doi.org/10.1515/sem-2017-0037.

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AbstractIn the last few decades, arbitration has been increasingly adopted in trade and commerce to resolve conflicts. As this method of settling commercial disputes is commonly considered an efficient, economical and effective alternative to litigation, the language used in arbitration documents is usually deemed to differ from that of litigation texts. However, in recent years there has been a narrowing between the two practices, as litigation processes and procedures have increasingly been seen to influence arbitration practices. In view of these considerations, the paper investigates the n

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Feteris, Eveline T. "A Theory of Legal Argumentation. The Theory of Rational Discourse as Theory of Legal Justification. By Robert Alexy. Trans. Neil MacCormick and Ruth Adler." Argumentation and Advocacy 27, no. 4 (1991): 179–83. http://dx.doi.org/10.1080/00028533.1991.11951522.

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Reimer, Franz. "Law as Culture? Culturalist Perspectives in Legal Theory and Theory of Methods." German Law Journal 18, no. 2 (2017): 255–70. http://dx.doi.org/10.1017/s2071832200021945.

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This Article questions in what sense law in the German tradition has been—and can still be—considered a form of culture. The Article offers an overview of traditional approaches to law and culture in German Legal Theory and the Theory of Methods, and argues that the law has shifted from being perceived as culture during the nineteenth and early twentieth centuries to being in contrast with culture, which is considered the “other” of the law. Mediated by “legal culture,” the discourse pendulum has swung back to the notion of “Law as Culture” during the last three decades. Thomas Gutmann, the Ge

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Karapetyan, Ruzanna, and Margaret Apresyan. "Analysis of Inserted Clauses in the Legal Discourse from the Pragmatic Perspective." International Journal of Applied Linguistics and English Literature 6, no. 4 (2017): 86. http://dx.doi.org/10.7575/aiac.ijalel.v.6n.4p.86.

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The aim of the given study is to examine the use of inserted clauses in the legal discourse and their unique role in this speech genre. The investigation of the topic is conducted in line with the principles of Functional Discourse Grammar. In the course of analysis we apply the theory of speech acts, namely performatives, the fundamental tenets of which permit to view the specific combination of shall+inserted clause as a particular feature of legal discourse. These overcomplicated grammatical structures are shown to fulfill the immediate function of performatives, that of enacting legal acts

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Simmonds, N. E. "Epstein's Theory of Strict Tort Liability." Cambridge Law Journal 51, no. 1 (1992): 113–37. http://dx.doi.org/10.1017/s0008197300016780.

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Alan Brudner recently observed that a significant tendency within contemporary legal scholarship has been “the movement toward comprehending private law in terms of non-legal ‘perspectives’ that reduce to surface rhetoric the discourse by which private law articulates and understands itself”. This is most obviously true of the economic analysis of law, and not simply in so far as it introduces a vocabulary that is unfamiliar to the lawyer. For the perspective which has informed the most influential currents within that movement is fundamentally aggregative in orientation, so that legal doctrin

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Hodgson-Johnston, Indi. "The Laws of Territorial Acquisition as Applied to Claims to Antarctic Territory: A Review of Legal Scholarship." Yearbook of Polar Law Online 7, no. 1 (2015): 556–606. http://dx.doi.org/10.1163/2211-6427_021.

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Three substantive areas of analysis have emerged in the legal scholarship of the validity in international law of Antarctic territorial claims. The first is the physical amenability of the Antarctic continent to claims of territory. The second, and largest, is the application of traditional laws of territorial acquisition to Antarctic claims. The alternative argument of Antarctica as res communis is the final substantive thread of discussion.These threads of discussion have dominant arguments. They do not, however, have definite conclusions, leaving the academic conjecture as to the validity o

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Marchese, Mariana, and Claudia Celerier. "The representation of mental health sufferers in administrative and legal discourse." Discourse & Society 28, no. 1 (2016): 42–59. http://dx.doi.org/10.1177/0957926516676702.

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This article examines the records of mental incompetence cases filed at a court of the first instance in Buenos Aires Province, Argentina. Using a Critical Discourse Analysis framework and qualitative methods, we explore the ways in which mental health sufferers are represented. Applying Tone Theory and Appraisal Theory (attitude/judgement subsystem) to our data, we distinguish two discursive zones. In one of them, subjects are constructed with linguistic resources that amount to inscribed expressions of negative social judgement on their capacity. A discursive dichotomy is created whereby peo

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Coral-Diaz, Ana Milena. "Harms of secondary recognition in the Context of sociopolitical conflicts: Three factors for their exclusion from Transitional justice legal discourse." Novum Jus 14, no. 2 (2020): 85–101. http://dx.doi.org/10.14718/novumjus.2020.14.2.4.

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This work seeks to explain why feminist theory has said transitional justice legal discourse has notrecognized the totality of harms women experience in the context of socio-political conflicts. To doso, it analyzes three factors responsible for international law and the Western construction of thefemale body as dualist and essentialist. Based on this analysis, it establishes that harms not usuallyrecognized by this legal discourse are considered “harms of secondary recognition,” since they donot form part of the typical legal figures that precede the experience itself.

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Stepanenko, Raviia Faritovna, Alsu Rinatovna Garifullina, Larisa Vladimirovna Yun, Iskander Anvarovich Sadykov, and Eduard Yevgenyevich Isayev. "Methodological problems of human social security: legal and economic discourse." SHS Web of Conferences 118 (2021): 01003. http://dx.doi.org/10.1051/shsconf/202111801003.

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The article examines the current problems of legal and economic nature in resolving the acute social situation associated with negative trends in the global community: the demographic crisis, high mortality, deep social stratification of society, etc. The methodological basis of the study are universal, general scientific and particular scientific methods of cognition used by the legal science in the object-subject sphere of cognition of the general theory of law. In addition, a number of synthetic, integrative ways of research are used, which are part of the methodology of interdisciplinarity

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Kraevsky, Arseny A. "Validity and efficacy of international law according to the pure theory of law." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 184–204. http://dx.doi.org/10.21638/spbu14.2021.113.

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At the beginning of its development, the science of international law was inextricably linked to the doctrine of natural law. The latter was seen as the basis of international law. The very problem of the foundations of international law became acute in the 19th century, when the prevailing legal positivism abandoned the idea of natural law. All proposed solutions were based on the idea of self-obligation of sovereign states. Some of them questioned the very existence of international law, while others required the introduction of explicit fictions. In an attempt to solve this problem, the pur

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Brink, David O. "Legal Positivism and Natural Law Reconsidered, Again." Canadian Journal of Law & Jurisprudence 2, no. 2 (1989): 171–74. http://dx.doi.org/10.1017/s0841820900002836.

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In my article “Legal Positivism and Natural Law Reconsidered” I suggested that we might be able to effect an interesting reconciliation of legal positivism (LP) and natural law theory (NL) by distinguishing two possible LP-NL debates. In particular, I suggested that we should distinguish, within legal philosophy, between theories of legal validity – that is, accounts of the existence conditions for valid law and theories (as I now would put it) of legal interpretation – and theories of adjudication – that is, accounts of how judges should decide cases. We can use this distinction to formulate

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Nuessel, Frank. "The consequences and effects of language transformations in legal discourse." Semiotica 2016, no. 209 (2016): 125–48. http://dx.doi.org/10.1515/sem-2016-0003.

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AbstractThe discursive use of language in legal contexts is multifaceted and complex. First, it begins with the chain of oral narrative structures (victim, witness, suspect accounts) and written texts (confessions, notes, depositions, letters, Internet documents, email, tweets, telephone records) used in a court of law. The transcription of oral communiqués is a potentially transformative phase of evidence production that may be flawed (ambiguity, error, mistakes, gaps, misrepresentation). Second, it includes or/excludes the textual and narrative representation of nonverbal communication (kine

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Stefanì, Paolo. "Hidden cultures in law: Metaphor and translation in legal discourse." Semiotica 2016, no. 209 (2016): 357–70. http://dx.doi.org/10.1515/sem-2016-0020.

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AbstractThe paper analyzes the problem of the contemporary societies, characterized by the permanent presence of people belonging to different faiths and the culture. The relationship between law and culture, law and religion, in particular the Christian religion, in the history of western culture, are the focus of the paper. In this way, the paper analyzes the importance of the interdisciplinary approach to this problem, emphasizing the importance of a dialogue between juridical science and semiotics, and the importance of the use of metaphor as a strategy for building an intercultural legal

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Heath, Joseph. "Rebooting discourse ethics." Philosophy & Social Criticism 40, no. 9 (2014): 829–66. http://dx.doi.org/10.1177/0191453714545340.

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In this article I argue that the conception of discourse ethics that Jürgen Habermas advances in his seminar paper, ‘Discourse Ethics: Notes on a Program of Philosophical Justification’, is subject to significant revision in later work. The central difference has to do with the status of the universalization principle and its relationship to the ‘rightness’ validity claim. The earlier view is structured by a desire to provide a weak-transcendental defense of the universalization principle. The later revision, however, essentially undercuts the basis of this argument, because it severs the conc

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Tubalova, I. V., and M. A. Nazemtseva. "Interpretation of the Markers of Freedom in Slavic Languages and in Slavic Legal Document Discourse." Rusin, no. 62 (2020): 159–75. http://dx.doi.org/10.17223/18572685/62/9.

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The aim of this article is to identify the linguocultural specificity of the content of lexical markers of freedom in Slavic languages (fixed in the dictionary definitions) as well as their discursive interpretation in Slavic legal texts to establish the factors of composition formation and functioning principles of the lexical markers of freedom as a discourse-forming semantic dominant of legal texts. The authors analyse the lexical markers of freedom in Slavic languages and in the texts of Constitutions as main legal documents of Slavic states. The analysis engages the linguistic and discurs

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Tans, Olaf. "Staging Law's Existence: Using Pretense Theory to Explain the Fiction of Legal Validity." Ratio Juris 29, no. 1 (2016): 136–54. http://dx.doi.org/10.1111/raju.12117.

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CLUCAS, BEV. "The Sheffield School and Discourse Theory: Divergences and Similarities in Legal Idealism/Anti-Positivism*." Ratio Juris 19, no. 2 (2006): 230–44. http://dx.doi.org/10.1111/j.1467-9337.2006.00326.x.

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Kryzhanovskyi, Anatolii, and Vladyslav Kopytkov. "THE CYCLICAL DISCOURSE AS A PROMISING DIRECTION FOR THE DEVELOPMENT OF LEGAL ORDER THEORY." Knowledge, Education, Law, Management 2, no. 5 (2020): 174–79. http://dx.doi.org/10.51647/kelm.2020.5.2.30.

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Navarro, Pablo E., Claudina Orunesu, Jorge L. Rodríguez, and Germán Sucar. "Applicability of Legal Norms." Canadian Journal of Law & Jurisprudence 17, no. 2 (2004): 337–59. http://dx.doi.org/10.1017/s0841820900003945.

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It is a basic intuition about the law that organs of adjudication ought to justify their decisions by recourse to the appropriate applicable norms. Nevertheless, a sound reconstruction of the applicability of legal norms has been largely ignored in contemporary legal theory. Different connections between applicable norms and cases are explored in this paper, and a distinction is suggested between internal and external applicability. A legal norm is internally applicable to the cases regulated by its scope of validity (i.e. by its terms the norm fits the facts of the case), and is externally ap

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Petrilli, Susan. "Two assumptions in legal discourse: To answer for self and to tell the truth." Semiotica 2016, no. 209 (2016): 15–30. http://dx.doi.org/10.1515/sem-2016-0017.

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AbstractThe distinction between “initial meanings” and “additional meanings” which corresponds to that between “explicit meanings” and “implicit meanings,” evidences the complex stratification of signifying processes that subtend and orient discourse. Hidden meanings are implicit, mediated, indirect meanings, additional meanings. They are traceable not only in meanings determined by context, but also in meanings more independent from context. Initial, explicit meaning is meaning fixed by use and tradition, but all the same it is somehow conditioned by additional, implicit meaning, by hidden me

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Widdowson, H. G. "Discourse analysis: a critical view." Language and Literature: International Journal of Stylistics 4, no. 3 (1995): 157–72. http://dx.doi.org/10.1177/096394709500400301.

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Discourse analysis is in vogue as a field of enquiry, particularly in the guise of critical discourse analysis, which employs procedures not essentially different from literary criticism to identify ideological bias in texts. This article argues that, perhaps as a consequence, there is a good deal of conceptual confusion in the field. One example is the uncertainty of the scope of description, which is reflected in the ambiguity of the term 'function' and the failure to distinguish between text and discourse. Another is the tendency to equate social and linguistic theory with political commitm

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Et. al., Kawa Abdulkareem Sherwani,. "Minorities in Iraqi Constitution: A Critical Analysis of the Legal Discourse." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 2 (2021): 286–90. http://dx.doi.org/10.17762/turcomat.v12i2.713.

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Between 1979 and 2003, when Baath party was in power in Iraq, minorities were neglected and were not part of the decision-making process. It was the priority of the new government that other components of Iraq where part of the process. The draft of the constitution of2005, in a number of provisions, do mention all the Iraqi components. However, no law has been passed to protect the rights of minorities and there is lack of appropriate mechanism to bring perpetrators to justice once violations have been committed against them. The data is taken from the English version of the Iraqi Constitutio

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