Cet article examine certains aspects sociocognitifs et sémiotiques des jeux virtuels. Il commence par rappeler quelques travaux sociocognitifs fondamentaux relatifs au cheminement du joueur dans un espace virtuel et présente des acquis récents à la lumière de travaux en neurosciences. Ces acquis concernent le codage commun des fonctions relatives à l’espace, notamment la perception d’un espace virtuel ainsi que du mouvement et de la rotation dans celui-ci. Un résultat important est que ces jeux virtuels améliorent les performances du joueur. La (...) contribution aborde ensuite le contrôle sémiotique du processus et insiste sur l’instrumentalisation de la fonction abductive comme balisage de la construction du sens du jeu par le joueur. Elle se termine par un retour sur le jeu virtuel en tant que dispositif sociocognitif et sémiotique de communication et sur sa nécessaire prise en compte lors de la phase de conception.This contribution explores some of the sociocognitive and semiotic aspects of virtual games. We begin by reviewing a number of fundamental studies on the way players move through virtual space, describing recent findings in the light of neuroscientific research. These concern the common mental coding of functions relating to space, and especially perceptions of virtual space and mental motion and rotation within it. One important finding is that these virtual games improve the performance of players. We then look into semiotic control of the game, highlighting the instrumentalisation of the abductive function to provide reference points in the construction of meaning by the game player. We conclude with a discussion on virtual games as a socio- cognitive and semiotic means of communication and on the need to take this into account in the early stages of game design. (shrink)

Comparative research enriches semiotics and deepens its exchanges with other sciences. The work can also highlight inductive methods and socio-historically specific forms and practices, thereby helping to develop a general semiotics and a semiotics of cultures. This article compares the morphology by Vladimir Propp that inspired the Greimassian narrative schema to a small sample of narrative forms, then to Aristotle's Poetics and to a model of Hollywood films. Certain motifs and subgenres represent elementary schemas with two or three actants (...) and functions that rely on role reversal and emotions. A half dozen subgenres can be differentiated by the different affects that they aim to elicit. Greek tragedy is to evoke intense emotional states, and reveals a close interdependence between characteristics of the hero, modulations of the critical action, and the emotive effect produced. In the films, the variation of the affective intensity constitutes a key element of the narrative rhythm, and two main sequences supply opposing and complementary axiologies. A conclusion suggests the value of bringing together the semiotics of the passions, recent research on the history of the emotions, and comparative studies of how different cultures express feelings. (shrink)

This paper takes the position that interpretations of legal discourse are invariably taken in the context of socio-pragmatic realities to which a particular instance of discourse applies. What makes this process even more complicated is the fact that social realities themselves are often negotiated within the mould of one’s subjective conceptualisations of reality. Institutions and organisations, including people in power, often represent socio-political realities from an ideologically fuelled perspective, engendering many ‘illusory’ categories often a result of contested versions (...) of reality. To substantiate this view, we discuss interpretations of a number of interesting contemporary and controversial laws, including America’s Patriot Act and Hong Kong’s proposed Article 23 of the Basic Law. Both laws can be seen as illustrative of the definitional conflict that abstract concepts such as democracy and human rights are subjected to in their own specific socio-political contexts. While America crowns itself with democracy and Hong Kong struggles to achieve it in effective synthesis with its unique political arrangement, the laws produced by both contrasting political systems are unexpectedly similar, aiming for the moderation of basic rights. The actions of both governments set against their beliefs and discourses, and furthermore set against one another and other media voices, particularly those of non-governmental organisations, political activists, and other socio-political groups, demonstrate contestation of realities, giving rise to ‘discursive illusions’, which seem to be interpreted not so much on the basis of their linguistic construction but more on the basis of socio-pragmatic factors, such as trust, belief, transparency, control and power. (shrink)

This paper assesses the extent to which enhancing a penalty for hate crimes is a necessity. It conducts its analysis by looking at the theoretical justifications for and against such enhancement and also the impact of hate crimes on their victims, their groups and society, in comparison to non-bias crimes. It recognizes the particularly damaging effect of hate crimes on these three levels but argues that care must be taken to ensure a high threshold framework and a clear vision in (...) terms of protected characteristics. It argues that if penalty enhancements are to be any use, victims should be empowered to access the criminal justice system whilst the right to freedom of expression must be preserved. The paper commences with a definitional and conceptual framework of hate crimes, proceeds with the theoretical argumentations for and against hate crime legislation, conducts a legislative analysis of hate crimes, using examples from around the world as well as an assessment of the approach of the European Court of Human Rights to hate crime. (shrink)

This paper explores the role and impact of advertising in the French urban planning on citizens’ perception with a close examination of the implications and connections between citizens and outdoor advertising. Significant changes in quantity and form of outdoor advertising have been defined under French regulations. Our knowledge is now mass mediated in public spaces. More and more visible and gargantuan advertising signs surround and even invade our environment for strict commercial benefits. The ‘invasion’ of commercial signs can be compared (...) to a visual pollution affecting our perception, autonomy in thinking and health depending on the part of the population being considered. (shrink)

Quel statut sémio-linguistique conférer à une réalité admise comme un allant de sol? Plusieurs disciplines sont concernées par cette recherche. Au premier chef, les sciences du langage, à partir de leurs différentes théorisations : l'herméneutique et la sémantique des textes, la linguistique textuelle, l'analyse du discours, les pragmatiques, la sémiotique narrative, la socio-sémiotique, ainsi que l'ensemble des disciplines qui rencontrent la problématique discursive du sens commun, comme un niveau d'analyse le plus souvent sous-estimé : l'histoire, la sociologie (...) - fonctionnelle ou compréhensive -, la praxéologie, la psychologie sociale, les sciences de l'éducation, ainsi que les sciences cognitives, etc. La compréhension et la modélisation des formations du sens commun intéressent encore l'ensemble des référentiels thérapeutiques - depuis la psychanalyse qui est leur source commune - puisqu'il y est toujours question de la manière dont le sujet se rapporte au monde commun, à partir de la problématisation de ses propres évidences. Un ouvrage au coeur de l'histoire de la philosophie. (shrink)

The research fieldwork dedicated to trend analysis and foresight/forecast scenarios building, represents an unusual raid in an area where economic and social sciences have invested many efforts. Nevertheless, the semiotic dimension of this subject is not sufficiently thorough; many issues are at stake:We are going to investigate this area of analysis, for its relevance in post-Greimassian studies, for its interface with social sciences, as well as for its relevance for the legitimacy of semiotics in contemporary discussions of innovation and evolution.

Journal Name: Semiotica Issue: Ahead of print.

Résumé Cet article présente la notion d’implicite ethnosocioculturel et dresse, avec de nombreux exemples, une typologie des implicites ethnosocioculturels en discours à partir d’un corpus constitué des médiacultures. Onze formes d’implicites ethnosocioculturels ont été détectées dans différents types de discours. Ces formes permettent de distinguer les implicites pragmatiques, logiques et interpersonnels des implicites ethnosocioculturels qui, ces derniers, relèvent désormais d’une sémiotique patrimoniale. Le résultat de cette étude peut aider à combler certains déficits constatés dans la formation des traducteurs-interprètes en (...) matière de bagage cognitif du sujet-interprétant. (shrink)

Seeing that socio-legal theory has produced a number of compelling grand theories about law’s development as a body of knowledge, this contribution analyzes legal evolution on the micro-level of decision-making in concrete cases. To that end, law finding is reconstructed as a three stage process of reason-based rule-construction. Legal evolution is argued to stem from the argumentative jumps that are made in this process in order to use what is initially drawn from the body of legal knowledge in new (...) cases. These jumps are justified by additional reasoning that plays a crucial role in that it brings new information to the law finding process. It is explained how this new information gets incorporated in the body of knowledge as a result of discursive maneuvers of legal practitioners. (shrink)

Religion can bring about social harmony as well as social conflict. Religious law is a key element in both cases. Scholars can explain how religious law changes according to historical and socio-cultural context. They can also help reengineering prescriptions that cause social conflict. Changes in religious law can be explained according to a chronological rhetoric (certain agents cause certain changes) or according to a logical rhetoric (a change acquires its meaning in opposition to other possible changes). The two approaches (...) are complementary, but the semiotics of religious law predominantly adopts the second one. In both cases, the explanation of how a religious law changes and the reengineering of a religious prescription are related activities. The semiotics of religious law is particularly equipped to propose alternatives for conflicting prescriptions. However, there is a difference between showing that some alternatives exist and advocating which alternatives should be taken. Whilst the latter position is similar to that of semiotic guerrilla warfare, the former rather configures the semiotics of religious law as a therapy. Semiotic guerrilla warfare stresses the need to demystify the discourse of power that subjugates individuals or groups to a certain religious law. Semiotic therapy does not focus on demystification but on reconciliation. The task of the semiotic therapy of religious law is to show that situations of social conflict generated by certain prescriptions can be decreased or eliminated by adopting alternative paths of meaning. The semiotic therapist of religious law can be effective in showing these alternatives only if some pragmatic and semantic preconditions are met: a correct involvement with the sets of religious core values at stake and an articulated analysis of the paths of meaning to which these values give rise. (shrink)

RésuméSi on la compare avec l’habituelle coercition infligée au condamné à mort dans le monde romain, la peine réservée au parricide ne manque pas de surprendre par son originalité. Le coupable est chaussé de sabots de bois, sa tête est ensuite recouverte d’une cagoule en peau de loup et il sera ensuite flagellé à l’aide de verges sanguines. Pour finir, le contrevenant prend place dans un sac de cuir qui sera cousu après l’intromission d’un bestiaire composé d’un chien, d’un coq, (...) d’une vipère et d’un singe d’après la description donnée par Modestin au Digeste 48.9.9 pr., ceci avant que l’ensemble ne soit jeté à l’eau. Même si la symbolique précise de chaque élément est difficile à saisir en raison de leur origine diffuse, car issue de l’imagination populaire mêlée à divers substrats religieux imbriqués, cette procédure punitive forme un tout cohérent qui ne constitue pas un châtiment politisé au sens strict, c’est-à-dire déployé dans le cadre juridique de la cité. La justice humaine se borne surtout à établir la faute gravissime incombant au contrevenant, laquelle remet en cause le socle de l’organisation romaine, ainsi qu’à préparer son rejet total de la communauté humaine et du droit qui y standardise les rapports. En ce sens, l’homme se garde de donner directement la mort au parricide et la procédure d’expulsion n’est pas sans rappeler celle d’autres individus dits «monstrueux» parce que frappés d’anormalité physique, notamment sexuelle, car ceux-ci remettaient en cause le principe même de l’existence sociale. Cette priorité absolue que constitue la sauvegarde du groupe social dans le traitement du crime a pu servir de point d’ancrage à certaines positions contemporaines qui commandent d’extraire le contrevenant de l’ordre légal, afin de traiter efficacement un acte considéré comme abominable dans l’absolu. C’est l’exemple de la théorie du droit pénal de l’ennemi dont les lointaines racines peuvent être repérées dans les procédés d’expulsions socio-juridiques qui trouvaient à se déployer dans l’Antiquité romaine. (shrink)

Gendered language is becoming a matter of serious concern for legal drafters and policymakers because 'it is always changing as societal views change' (The University of Calgary: Office of diversity, equity and protected disclosure 2017:1). Many western countries have made considerable progress towards using inclusive legal language. However, inclusive language is not implemented in other parts of the World; the Arab World is no exception. This may be due to the violation of language rules, the decline of language, and the (...) lack of enough evidence that changing the language will change society (Brown in ABA J, 2019) and (Brown in ABA J: 24–26, 2018). In this paper, I explore the challenging socio-cultural and linguistic factors that may hinder the implementation of gender-inclusive language in Arabic and explain the current situation in two current constitutions of Egypt and Tunisia in particular. The main aim of this paper is to conduct a comparative analysis of terminology representing gender in the Egyptian (2014, amended 2019) and Tunisian (2014) Arabic-English Constitutions using corpus-based tools. The analysis shows inconsistent attempts at a more inclusive source text through using neutral terms and adding inclusive pre-modifiers to these terms. It also shows inconsistent translation of gender-specific terminology and pronominal references. Both constitutions explicitly stress the ‘eradication of violence against women’ and express parity between ‘women’ and ‘men’ in terms of ‘equal rights’ and ‘appropriate political representation’ (e.g. in the Egyptian House of Representatives (28%) and the Tunisian Assembly of People’s Representatives (26%)) (International Institute of Democracy and Electoral Assistance, IDEA 2021). Although these percentages are not far away from the representation of women in European countries such as the United Kingdom (35%) (International Institute of Democracy and Electoral Assistance, IDEA 2021), it is the reality of women’s actual roles, change they initiate and their impact in the society that counts. (shrink)

The paper presents a semiotic interpretation of the phenomenological debate on the notion of person, focusing in particular on Edmund Husserl, Max Scheler, and Edith Stein. The semiotic interpretation lets us identify the categories that orient the debate: collective/individual and subject/object. As we will see, the phenomenological analysis of the relation between person and social units such as the community, the association, and the mass shows similarities to contemporary socio-semiotic models. The difference between community, association, and mass provides an (...) explanation for the establishment of legal systems. The notion of person we inherit from phenomenology can also be useful in facing juridical problems raised by the use of non-human decision-makers such as machine learning algorithms and artificial intelligence applications. (shrink)

Legal concepts and notions are deeply affected by religions, ethics, philosophy and the culture of a particular nation. As Friedman Comparing legal cultures, Dartmouth, Aldershot, 1997, p. 34) highlights, understanding legal culture is a crucial factor as it both affects their translation and interpretation and consequently has an impact on the application of law. This increases in importance, for example, in the context of the principle of mutual trust and recognition of judgments assumed by the European Union as the cornerstone (...) of judicial co-operation in the European Union, which would not be possible without the trust in each other’s justice system and the respect for the different legal systems and traditions of the Member States. In that vein, ‘the Third Space’, where legal concepts and notions of multiple origins meet and where their meanings are negotiated, transformed, translated and integrated into various socio-political and cultural contexts has acquired an immense significance. Although there may be natural similarities between legal professions in the European Union, they could differ quite substantially as they are deeply rooted in the history and societal evolution of a country; therefore, they are generally regulated at a national, not a European level. In light of the above, the author intends to perform an in-depth analysis of key terminology in the field of names of legal professions which exist in the Member States of the European Union. The author focuses on the terms which refer to the legal profession of lawyers as they might pose obstacles in translation and interpretation due to different functions and roles these legal professionals play in their legal systems or due to the lack of their equivalents in other legal systems. The terminology is compared to present similarities and differences in their meaning, particularly putting some emphasis on socio-political and cultural contexts. The research methods encompass the analysis of relevant literature and the terminological analysis of the research material, which includes the information on legal professions provided by particular Member States on the European e-Justice portal and relevant national regulations in that respect. Finally, the author draws the conclusion that a thorough analysis of the functions and roles of a particular legal profession in socio-political and cultural contexts is required before the translation and interpretation of the term is provided as it helps to avoid ambiguity and makes legal communication precise. (shrink)

Legal Mobilization under Authoritarianism traces and explains the rise of law to a more prominent role in the politics of post-colonial Hong Kong. The author, Waikeung Tam, a political scientist, argues that Hong Kong is a “surprise” case, in the double sense that law is effectively mobilized despite the non-democratic and controlled setting within which the Hong Kong legal system works and also that law is mobilized in ways that different from what China would wish.There is quite a body of (...) scholarship on the legal development of Hong Kong post-1997, with special attention paid to the performances of the relatively young Court of Final Appeal . But most of these works are written by legal scholars, whose concerns are more strictly jurisprudential and court-centered. Legal Mobilization treats the process of legal development within a broader socio-political context. It is, to my knowledge, one of the very few books that examine the post-colonial legal development of Hong Kong from .. (shrink)

The neutrality of the art and architecture of courtrooms and courthouses has dominated the public perception in the Indian context. The courtroom design and the visual artistic elements present within these judicial places have very often been considered to be insignificant to the notions of law and justice that they reflect. As art and architecture present certain historical narratives, reflect political allegories and have significant impact on the perceptions of their viewers, they have critical socio-political ramifications. This makes it (...) pertinent to explore them and investigate the paradox of their deployment and interpretation in today’s increasingly mediatized world. Through an ethnographic study of the Supreme Court of India, this paper interprets its art and architecture, and, the symbolism and semiotics reflected through them. Arguing against their neutrality and insignificance, the paper demonstrates how they reflect nationalism, certain ideologies and power-space dynamics. It further argues that they act as evidence of political metaphors related to justice, power and democracy. With a conversation between law, architecture and semiotics, the paper investigates the historical and spatial dimensions of its architecture and artistic elements. Mapping the Court’s architectural elements, I examine how the visual representation of ‘justice as virtue’ finds translation in its design through transfer of certain images, including the image of the ‘scales of justice’, into it, while absenting the notion of ‘justice as struggle’—to contemplate on how legal architecture gives evidence to the vexed relationship between law and justice and also of the break from the colonial past. (shrink)

This essay, between serious and facetious, addresses an apparently secondary implication of the planetary tragedy produced by Covid-19. It coincides with the ‘problem of the veil,’ a bone of contention in Islam/West relationships. More specifically, it will address the question of why the pandemic has changed the proxemics of public spaces and the grammar of ‘living together.’ For some time—and it is not possible to foresee how much—in many countries people cannot go out, or enter any public places, without wearing (...) a sanitary mask. In short, almost all of us, by obligation or by urgent advice from the public authorities of the various countries, will not live the public sphere with our faces uncovered. The alteration of the social context affecting many Western countries will inevitably involve also the ‘local’ perception of the Islamic veil and—as a matter of equality—the consistency of the prohibition of wearing it. What will thus become of the ban on wearing it in public places established by some countries such as France and asseverated by the ECHR? If everyone can and will have to go around with their faces covered, why should only Islamic women be discriminated against? Will not the change in boundary conditions produced by Covid-19 also induce Western people to re-categorize the meaning of the veil? And will this re-categorization not directly affect the ‘fact’ of wearing the veil, that is, its empirical perception? And still, will this psycho-semantic change not show how empirical perceptions are cultural constructs rather than ‘objective facts,’ as such allegedly independent from the observer’s point of view? Consequentially, will the plurality of perceptions and cultural meanings related to the gesture of covering one’s own face not gain renewed relevance in determining the legitimacy of wearing the veil? The socio-semantic earthquake produced by Covid-19 compels us to rethink this and other issues orbiting around the translation of ‘facts’ into legal language; furthermore, it highlights the instrumentality of many ideological/partisan and ethnocentric assumptions passed off as objectivity regarding those alleged ‘facts.’ The essay will attempt to provide an answer to the above questions by proposing a semiotic-legal approach to intercultural conflicts and, indirectly, the pluralism in law. (shrink)

This research examines the implementation and judicial response to Uzbekistan's new domestic violence laws enacted in 2023. Through an exploration of the semiotics of these laws, we uncover the nuanced portrayal of victim as "wife" instead of "human," reflecting a societal prioritization of family dynamics over individual rights. Through this analytical lens, we examine how domestic violence laws, as legal transplants, are interpreted by the judicial system. We highlight their translation into people’s behavior, judicial traditions, and the struggling with (...) class='Hi'>socio-cultural norms. The findings from both quantitative and qualitative research contribute to understanding effectiveness and improving practices to achieve justice for victims. We investigated how new domestic violence laws are applied in the judicial system and the challenges victims face in seeking justice. The research highlights the necessity and effectiveness of laws while revealing socio-cultural resistance within the judicial system, such as holding victims accountable in domestic violence cases. The judicial response to domestic violence cases often favors restorative justice mechanisms, emphasizing reconciliation and lenient penalties. Notably, 61% of criminal cases conclude with reconciliation. Despite the impossibility of reconciliation in administrative cases, courts resort to the concept of "insignificance" of the violation, terminating cases on this basis in 28% of instances. However, the absence of reconciliation significantly diminishes the effectiveness of laws, depriving victims of restitution and the ability to influence the perpetrator's behavior. In the era of restorative justice application, rising questions emerge regarding its effectiveness, particularly due to socio-cultural pressure on victims and their unequal negotiation opportunities. (shrink)

The absence of a universally recognized definition of national minority is perceived as problematic by legal scholars on the international level as well as in domestic jurisdictions [Kymlicka, Will. 2015. Solidarity in diverse societies: Beyond neoliberal multiculturalism and welfare chauvinism. _Comparative Migration Studies_. https://doi.org/10.1186/s40878-015-0017-4, Ringelheim, Julie. 2010. Minority Rights in a Time of Multiculturalism-The Evolving Scope of the Framework Convention on the Protection of National Minorities. _Human rights law review_. https://doi.org/10.1093/hrlr/ngp038, Velázquez, Elisa Ortega. 2017. Minority rights for immigrants: From Multiculturalism (...) to Civic Participation. _Mexican Law Review_, no. 1., Dimitras, Panayote Elias. 2004. _Recognition of minorities in Europe: Protecting rights and dignity_. London: Minority Rights Group International]. National minority under Czech law is defined by the Act on National Minorities, and the definition combines the objective and subjective criteria of Capotorti’s [Capotorti, Francesco. 1977. _Study on the Rights of Persons belonging to Ethnic, Religious and Linguistic Minorities_, UN Document E/CN.4/Sub.2/384/Add.1–7. p. 96] and Deschênes’ [Deschênes, Jules. 1985. _Proposal Concerning a Definition of the Term Minority_. UN Document E/CN.4/Sub.2/1985/31. paragraph 181] definitions. However, the Czech Minority Act makes a distinction between ‘minorities that have traditionally and for a long time resided in the territory of the Czech Republic’ (§§ 8–12) and other minority groups, while there is no explicit criterion for differentiating among these groups objectively. Such absence of clearcut criteria is often relevant when certain minority groups claim unfavourable treatment due to the authorities’ perception of such national groups as being ‘immigrant’ as opposed to ‘autochthonous’. Additionally, recent case-law has shown that the most ‘traditional’ groups residing in the Czech territory, such as Moravians or Silesians, can equally lack state support, while it is typically argued by Courts that such groups lack ‘distinct features’, be it ethnic, linguistic and cultural, from the majority population and thus do not fall under the legal definition of national minorities (Verdict of the Supreme Administrative Court of the Czech Republic, Ref No 7 As 324/2020-42, of 17 August 2021; Verdict of the Regional Court in Brno, Ref No 62 A 35/2020 − 186, of 8 October 2020). This paper combines doctrinal legal analysis with a socio-legal approach. The language of legislative acts and court verdicts is assessed with the methodology of critical discourse analysis, specifically the discourse-historical approach [Reisigl, Martin, and Ruth Wodak. 2015. The Discourse-Historical Approach (DHA). In _Methods of Critical Discourse Studies_, 3rd edition, eds. Ruth Wodak and Michael Meyer, 23–61. London: Sage]. I focus on nomination, predication and argumentation strategies [Wodak, Ruth. 2009. The semiotics of racism: A critical discourse-historical analysis. In _Discourse, of Course: An overview of Research in Discourse studies_, ed. Jan Renkema. 311–326. Amsterdam: John Benjamins Publishing Company] used by the judges in court verdicts and on the role of perceived ‘tradition’ of certain groups’ residence in the territory of the Czech Republic on their access to state support or, on the contrary, their marginalization. It is concluded that the current state of the Czech law does not allow for the spatial dynamics of minority groups, which are mostly apprehended as fixed categories based on the 19th century idea of nation states and on the 1920s perception of the Czechoslovak nation after the breakdown of the Austro-Hungarian empire. Such approach does not allow for accommodating the rights for more up-to-date categories or for critical revisiting of the catalogue of minority groups as it was defined in the early 20th century. (shrink)

In this late modern era within which the basic values of life have been reordered (driven by globalisation, the corporate agenda and mass communication technologies), the individual has effectively been reduced to a mere abstraction. It might be argued that the rational, moral and humanistic concept of freedom has, to a great extent, been compromised by a consequent crisis within the intelligentsia. These groups, in particular the gatekeepers of a classical liberal approach to legal scholarship, are caught between the twin (...) evils of increased unreflective populism and pragmatism evident within many law schools and modern legal institutions. Although a contested term, defenders of the ‘socio-legal’ tradition, who place the humanities at the heart of legal research and education, are obliged to restate with increased determination the utility of the liberal arts and literature to the law profession and wider legal community. In a normative environment, law and narrative are inextricably linked and narrative poetry is not only invaluable to explaining the origins and location of the legal tradition, but also elicits a mode of understanding which transcends the boundaries of narrowlydefined legal hermeneutics—which often only addresses issues of an operational nature. French novelist Flaubert claimed “chaque notaire porte en soi les débris d’un poète” (Flaubert in Madame bovary (trans: Wall, G.), Penguin Classics, London, 1960: 269), paraphrased by American civil rights lawyer, Clarence Darrow, as “inside every lawyer is the wreck of a poet” (Lukas in Big trouble: a murder in a small western town sets off a struggle for the soul of America, Simon & Schuster, New York, 1997: 323). In an age of disenchantment, this paper explores the poetic form as an important medium within which to understand the nature and function of law in a society of differentiated individuals. (shrink)

The nature of concepts is a subject of study of various disciplines, from philosophy to cognitive sciences, leading to fragmented understandings and conceptual dissociations. Legal concepts have been studied in an interdisciplinary manner across all these disciplines, suffering from similar fragmentation. Recently, the interdisciplinary crossroads between law and cognitive sciences have brought forward the notion of legal concepts as mental representations. However, this approach largely overlooks the systemic, historical, and societal elements essential to comprehending legal concepts. The aim of this (...) paper is to advocate for the Social Representations Theory as a useful framework that bridges cognitive and socio-cultural dimensions of meaning and can provide a holistic approach to understanding legal concepts. This paper unfolds in three sections. The first section contextualizes the social representations approach within the law and language framework, emphasizing the societal influences on thought and meaning. The second section explains the notion of social representations, building upon Serge Moscovici’s definitions and Ivana Marková’s arguments for the necessity of this approach to accommodate the social dimension of meaning. The third and last section underscores the claim that legal concepts are, in essence, social representations, advocating for the usefulness of this approach in legal scholarship, both paradigmatically and methodologically, consequently arguing for an inclusion for a stronger focus on the social dimension of legal meaning. (shrink)

Recent trends in academic and professional legal communication worldwide have promoted significant changes to aim at operating successfully under current multilingual and multilegal contexts. The aim is to consider a kind of supranational legal discourse so as to minimize socio-cultural variants and to promote the pragmatic conditions for harmonized and ‘common sense’ legal practices without excluding potential reciprocal influences of or resistance to one hegemonic legal system upon others. In Brazil, the traditional ‘thinking like a civil lawyer’ culture still (...) prevails against a more global approach constraining the consolidation of the country’s role of major player in most global legal areas. In addition, the key tool required for achieving some sort of global legal status—Brazilian legal operators’ proficiency in legal English—has been barely considered in both academic and professional settings, particularly in legal translation. This study resorts to the linguistic anthropology concept of ‘entextualization’ to discuss the process of official translation in Brazil to render global legal genres. The comparative analysis between the original text in English and its official version in English focus on drafting consistency, the translator’s choice of some formal entextualization elements used in the process of translation and his/her authority as the entextualizing agent to legitimate text. (shrink)

This paper examines the use of language in the legal processes established by Law 4921/2022 through a social lens, focusing on the digital transformation of the Greek Public Employment Service (DYPA) and the enactment of rigorous active labor market policies (ALMPs). By analyzing relevant documents, the study reveals a neoliberal orientation that prioritizes individual responsibility over traditional state welfare activities. While the advantages of digitalization—such as improved efficiency in job placement and streamlined administrative processes—are acknowledged, the paper also raises significant (...) concerns about the implications of digital literacy disparities, data privacy issues, and the ethical considerations surrounding the profiling of job seekers. Ultimately, the paper provides a detailed analysis of these legislative changes, situating them within the broader socio-economic context of Greece, and highlights the insufficient protection of the unemployed. It further demonstrates that active labor market policies are inextricably linked to the integration of technology, with this relationship anticipated to intensify in the future, particularly given the rapid expansion of Artificial Intelligence (AI). (shrink)

The Communist Manifesto’s salient point was set out in Critics of the Gotha Program as “From Each According to Their Abilities, to Each According to Their Needs”. The demise of communism in the former Soviet Union has caused its critics to claim that ‘revolutionary’ political theory has no basis for legal or philosophical development. The contention of those who oppose radical socialism achieved by the levelling of the classes proclaim that this is an unattainable goal. They argue that a ‘withering (...) of the state’ is not possible for the implementation of Marx’s theory because of the centralisation that is inevitable in socialism which leads to an aggregate of relationships that redistributes power at the apex of the hierarchy. However, this appraisal has to be viewed with reference to the adoption by Marxists of socio legal theory as an analytical tool that has spawned arguments based on legal realism. This article examines the construction of these arguments within the sociology of law and looks at the inception of critical race theory which projects historical injustices towards a racial minority and seeks to transform society by exposing law as an instrument of oppression. (shrink)

A corpus made by online Canadian newspaper articles, coming from the archives of CBC News, Vice Canada and Huffington Post Canada, and related multimedia contents such us audio interviews, videos and especially links to images and comments shared on Twitter, allows us to reconstruct the debate on the seal hunt that involved Canadian media in 2014. In specific, we propose an interpretation of the pro-sealing discourse by Canadian Inuit and Newfoundlanders as an ironic and incisive answer to the serious United (...) States animal rights activists discourse, explaining how these two different points of view on animals come from a different experience of the environment and a different conception of nature. The image of the seal became the friction point between Western naturalism against Inuit animism: a multinaturalist clash in the North America post-colonial situation. A clash solved by people as Tanya Tagaq and other Inuit artists that belong to these two different semiospheres and thanks to their border placement can allow a dialog between Inuit and North American cultures traducing aesthetic forms, values and meanings. To study the structures of meaning at the base of this clash and iconoclash Iconoclash. Beyond the image-wars in science, religion and art, pp 14–37, ZKM and MIT Press, Boston, 2002) on the artic seal between opposite cultures, it has been necessary to use the socio-semiotic approach with the help of semiotics of culture tools (Lotman in Universe of the mind. A semiotic theory of culture. Indiana University Press, Bloomington, 1990, Culture and explosion. Mouton de Gruyter, Berlin, 2009]. (shrink)

Considered an iconic symbol of indigenous legal heritage, Islamic law is adopted nowadays in whole or in part in the legal systems of the Muslim world and is also of significance in Muslim-minority European countries, where it typically finds its niche in civil and financial domains. This article sets out to investigate the norms of translating Islamic family law discourse using a mixed methods approach based on ‘qualitising’ quantitative data, i.e., an approach in which quantitative data are interpreted qualitatively. Drawing (...) on a self-built monolingual English corpus of over three million words covering diverse genres, the analysis will harness the power of corpus processing to enable the study of ten iconic lexical profiles (individual concepts/conceptual systems and their corresponding Arabic and English terms) that are specific to Islamic family law. Profile-based correspondence is also employed to investigate the probability of lexical variation in expressing a conceptual category—a profile refers to a set of synonymous variants or linguistic labels that can be used to designate the same concept. The corpus analysis seeks to identify the key loanwords that represent cultural icons featured in the English-language discourse of Islamic family law and to explore the different mechanisms used to render shariʿa-based concepts. The aim is to investigate concomitant translation norms based on linguistic frequency in the corpus and to interpret ideological implications with reference to the theory of translation norms, which postulates that translation decision making is subject to norms dictated by extralinguistic factors (e.g., socio-political or ideological). The study finds that Islamic family law relies significantly on Arabic loanwords (constructing an ‘Islamgish’ discourse) to maintain shariʿa-based linguistic heritage, which can be seen as a kind of ‘working for one’s own good’. Thus, what is at play here is the ethics of self-interest, which is very typical of postcolonial agendas. (shrink)

This paper presents the results of the semiotic analysis in which the story of Krystian Bala, a Polish author who was convicted of murder, is studied in detail. The presented case study focuses on the interactions between real and fictional worlds, in particular, on the possibility of amalgamation of a real author’s and a fictional storyteller’s roles. Furthermore, the double-dimensional analysis of reality and fiction is complemented and broadened by an in-depth examination of how this story has inspired other authors. (...) By discussing real events and texts of culture based on them, this paper aims at presenting the process in which the writer who had turned to be the murderer became the protagonist of artistic creations of others, and, in consequence, a part of a broader socio-cultural phenomenon. (shrink)

The implementation of international human rights laws at the national and local levels relies on the framing of norms. Recent research has shown that international norms regarding child marriage have shifted from setting a minimum age limit to building the agency of girls to resist the practice, which can be either active or passive. Active agency requires taking action for its purpose, whereas passive agency involves acting in situations with limited options. The dominant discourse on child marriage often portrays girls (...) as victims, and this article adds to the existing literature on how child brides exert agency utilizing semiotics approach. Based on an extended qualitative study conducted at _Quarit Woreda_, the Amhara Regional State of Ethiopia, the article explores how the girls have been exerting transformative agency to resist the practice, or at least exercise limited agency to enforce their marital choice. It also contrasts them with female parents, where the latter are found to uphold mythical signification being one among the central norm holders. By doing so, the contribution seeks to understand the semiotic system—the structural resources that support versus socio-cultural factors that constrain their agency. This article also discusses the multifaceted difficulties faced by girls in challenging the well-established norm and the creative strategies they use to overcome impediments through networking and collaboration pathways. Lastly, the article suggests potential future interventions that aim to enhance girls’ transformative agency which in turn supports the effective enforcement of child marriage law in the study area. (shrink)

The essay investigates the anthropological concept of personhood from the point of view of the dialectics between two fundamental elements of the socio-cultural, linguistic, and semiotic construction of the self-identity of the human species: on the one hand, the human face and, on the other, the non-human muzzle. After demonstrating that their semantics is contrastively articulated in all Indo-European languages, and after showing that such contrast is featured also in several non-Indo-European languages, including those referring to supposedly alternative “ontologies (...) of nature”, the essay criticizes such opposition through a close reading of Lévinas, Deleuze and Guattari, and Derrida’s philosophical texts on the face and on animality. Ultimately, it proposes that the construction of the animal muzzle as an interface of non-personhood is instrumental to the substitution of the human victim in the sacrifice that establishes the human community. Only through eradicating the primordial stigmatization of the muzzle, however, will a non-violent foundation of human personhood and community be possible. (shrink)

As authors, we recognize the scientific foundations for implementing social distancing in preventing the spread of Covid-19. Yet, we also recognize fundamental changes to the socio-legal discourse of everyday life that we research. We see legalized space itself as the foundation for social relationships significantly impacted through the ‘new normal’ of social/physical distancing guidelines. This paper will explore the positionalities of bodies that contribute to the transformation of cultural spaces and social interactions against the legalized backdrop of combatting viral (...) spread of Covid-19 in the United States, France, and Poland. (shrink)

This essay explores the intricate challenges surrounding the concept of religious signs in the context of secular French schools through a social-semiotic lens, drawing inspiration from Michael Halliday's Systemic-Functional Linguistics. It delves into the interplay of language and society, shedding light on three crucial metafunctions: ideational, interpersonal, and textual. The ideational function investigates how religious signs serve as semiotic tools for representing the world and interpreting human experiences. The interpersonal function helps to examine how these signs foster reaction among diverse (...) groups within the school community. Furthermore, the essay scrutinizes the textual function's role in weaving these two functions into coherent discourse, enabling (or not) effective communication. Through an examination of these linguistic components, this essay unravels the complexities of navigating religious signs in French schools, providing insights into the broader socio-cultural dynamics and challenges faced in reconciling diverse religious perspectives with a secular educational system. (shrink)

This essay provides an overview of the working mechanisms of abductive reasoning and discusses the possible applications of this logic tool in comparative law research. Indeed, abductive reasoning pertains to the role of explanatory reasoning in formulating hypotheses and, as commonly utilised in contemporary literature of social sciences, in verifying those ideas. Comparative thinking is a logic process of the human mind that employs a particular set of logic and epistemic tools to manage and process data. Arguing that comparative law (...) has not conceptualised a precise and consistent method but only a set of practical guidelines to guide the research process of scholars, this study claims that observation of socio-legal phenomena and theory formation are not only inherently linked in comparative law research but also already theory-driven through an abductive logic process. In this sense, the scholar of comparative law does not rely exclusively on the logic instruments of the traditional legal practitioner but can deepen the potentialities of an abductive logic of discovery and justification already scrutinised by the other human and social sciences. While it is not desirable for the science of comparative law to adopt a single rigid method for research but to maintain a methodological flexibility open to interdisciplinarity, it must question the logic of discovery and justification of its results in a manner similar to that of the other social sciences of which it is a full member. Accordingly, it is assumed that the logic set of tools of comparative law can be enriched by developing the potentialities of the structure of abductive reasoning. (shrink)

This paper explores the constructed nature of legal complaints through the adoption of a socio-linguistic model with an emphasis upon pragmatics and elements of conversation analysis. When making a legal complaint, we posit that there is a conflict between effective communication and the uptake of politeness strategies. Furthermore, how complaints are ‘worked up’ in situ is a product of the arena in which such complaints are made. Through a textual analysis of the methods of complaining adopted by those who (...) make representations to the licensing authority, for the purposes of objecting to a licence application, we show the tension between making oneself clear and being polite, and how complaints in different settings take different forms. We conclude by exploring the implications of our findings for legal processes—is it reasonable, for instance, to talk of ‘consistency’ in testimony if each complaint is worked up in situ—and for pragmatic theory more generally, i.e the applicability of Brown and Levinson’s politeness model for legal processes. (shrink)

In this paper I consider contemporary expressions of what Freud called the primal crime and collapse of paternal law through an exploration of the cinema of the Danish-American Director Nicolas Winding Refn. Introducing the paper I outline Freud’s theory of the law, crime, and civilization, where social order and its transgression become caught in an endless cycle, before moving on to explore Winding Refn’s cinema. Following this work, where I centrally show how Freud founds the law upon structures of the (...) family and criminality, I consider Winding Refn’s early Danish films, specifically the Pusher trilogy and Bleeder, in order to show how he imagines the collapse of law and order into crime and violence through stories of the ruined family. Moving on, I explore the consequences of this situation through reference to Winding Refn’s middle period films, Bronson and Valhalla Rising, where first crime completely dominates the law, and second this situation conjures the idea of escape from the dystopia of violence and crime into some other utopian space. Finally, I explore Winding Refn’s later works, Drive, Only God Forgives, and The Neon Demon. In these films Winding Refn imagines the ruins of the family and the oedipal law of the father who is no longer on the scene and tells the story of the desperate orphaned child who grows up without the socio-symbolic structures in place in tell them how to live. At this point Winding Refn’s crime system is more or less entirely normalised with the result that it generates the idea of utopian possibility in order to imagine potential escape from the nihilistic horror of an asocial system where exchange is everything. (shrink)

In 2006, acclaimed Italian film director Nanni Moretti released Il caimano [“the Caiman”], a surreal depiction of Silvio Berlusconi’s career as controversial businessman and politician. In one of the last sequences, an indicted Berlusconi leaves the courthouse of Milan, while his supporters besiege its premises and set them on fire. Admired for his capacity of prophetically foreseeing the developments of Italian society, Nanni Moretti’s apocalyptic vision was confirmed by reality on March 11, 2013, when a group of deputes and senators (...) from PDL, Silvio Berlusconi’s political party, ‘besieged’ the courthouse of Milan in order to interfere with the new trials the political leader was involved in: an affair of prostitution of minors, known as “the Ruby case”, and the alleged corruption of a senator. Since when Silvio Berlusconi has been the center of the Italian both political and juridical arena, and with the increasing representation of his trials in Italian and international media, the courthouses of such trials, and particularly that of Milan, have turned more and more into the theater of a socio-political showdown, in which what matters though is not only what takes place in the Court, but also, and perhaps even more, what happens in the area surrounding its premises. Here pro- and -anti Berlusconi partisans have gathered daily in order to manifest their stand to both the citizenry and the media; here media professionals have been stationed 24/7, waiting for the next scandal; and here a dramatic battle line between the political power and the juridical one inexorably materializes with all the violent evidence of its proxemics. The essay analyzes through semiotics a series of verbal and especially visual texts representing the courthouses of Silvio Berlusconi’s trials, with the goal of understanding what this imagery reveals of the current trends of Italian socio-political and juridical arena. More broadly, the essay compares this case study with other instances of courthouses besieged by crowds, so as to semiotically seize the delicate equilibrium of the judiciary proxemics between totalitarian and populist ideologies of law. (shrink)

Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including their non-verbal dimension (...) and legal-normative semiotic ideologies. More generally, the article prompts legal scholars, and particularly semioticians of law, not to focus exclusively on inter-cultural awareness in legal-normative language but to concentrate also on intra-cultural awareness. As a case study, the article analyses a drawing through which the former Italian Prime Minister Silvio Berlusconi visualized and advertised for a bill of reform of the Italian judicial system by his Minister of Justice, Angelino Alfano. The semiotic analysis of this visual artifact casts new light on the controversial political and judicial figure of Mr Berlusconi. The drawing is read as a visual embodiment of the conflict between two different legal and normative ideologies within the present-day Italian political and judicial arena. The paradoxes that underpin this iconography of law and mar a rational confrontation of legal-normative arguments in contemporary Italy are uncovered. (shrink)

This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning (...) backwards”. The related temporal distinction between ex ante and ex post points of view is examined both within legal theory and as a key issue for linguistic and semiotic systems. The argument is made that this distinction is the key to a wide range of methodological and theoretical problems in relating linguistics and semiotics to law. (shrink)

This paper attempts to examine how the concepts of power, transparency and control are perceived in the life of ordinary Hong Kong people, and how the latter have been adapting to their perceptions and evaluations. The 2008 global financial tsunami and its aftermath will likely have a serious impact on their values. Hong Kong people’s experiences may in some ways represent those of modern men, especially those in East Asia. Democracy is premised on the ideal that life is meaningful through (...) political participation. For most Hong Kong people, this is too demanding an ideal and they instead opt for economic power at the micro-level to secure an optimal measure of control over the socio-economic aspects of their own life. But even this objective has proven extremely difficult to fulfil because of the asymmetry in power between the individual on one hand, and authoritarian regimes, big businesses, organized interest groups, etc. on the other. Very often exit is not a viable option. There may be a tendency to seek satisfaction from religious pursuits, voluntary work, or other external agencies. (shrink)

A crucial element of sovereignty politics concerns the role that juridical techniques play in recursively creating images of the sovereign. This paper aims to render that dimension explicit by focusing on examples of crime-focused law and colonial rule at the Cape of Good Hope circa 1795. It attempts to show how this law helped to define a colonial sovereign via such idioms as proclamations, inquisitorial criminal procedures, and case narratives framing the atrocity and appropriate punishment for crimes. Referring to primary (...) texts of the time, the paper explores how procedures and narratives of Cape law were also deeply involved in fashioning specific images of the sovereign in whose name it claimed to operate. (shrink)

RESUMOO presente artigo tem como objetivo analisar os meandros da composição e suas intertextualidades na polêmica do samba entre Noel Rosa e Wilson Batista, observando o dialogismo na interação verbal e musical entre os autores e os diversos textos da década de 1930. Ao apurar os ouvidos sobre a "polêmica do samba" observa-se que as composições revelam tensões inexoráveis entre um mundo festivo do "malandro" e os limites da realidade da época. Desse modo, com suporte em estudos que tratam deste (...) tema, busca-se trazer à tona um insight sobre este "duelo" musical que está, certamente, muito mais disseminado na sociedade que restrito a questões puramente estéticas.ABSTRACTThe purpose of this paper is to analyze the meanders of composition and their intertextuality in the samba controversy between Noel Rosa and Wilson Batista. We observe dialogism in the verbal and musical interaction between the samba writers and several texts of the 1930s. When ears are in tune with the "samba controversy," one observes that the compositions reveal inexorable tensions between the festive world of the "malandro" and the limits of the reality of the time. Accordingly, based on studies that address this theme, we aim to present an insight into this musical "duel," which is not restricted to purely aesthetics issues, but certainly disseminated in society. (shrink)