Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 1-3.

Genre has been a critical issue in discourse analysis as well as in other disciplines. Based on a literature review of the concept of genre and taking judgments as one type of genre in legal settings, the present study provides a corpus-based insight into the nature of genre. The literature review per se reveals that genre has one typical feature of a sign, that is, being subject to multiple and alternative interpretations; in other words, genre as a sign may have (...) various interpretants. The present study unravels the actual generic structures, distinguishes different types of generic structures within the given genre, and then defines the dominant generic structure of judgments in Hong Kong, Taiwan, and Mainland China. This study also examines and contrasts the generic structure potential of judgments in each jurisdiction. In addition, the variation of Mainland China's judgments over time is briefly discussed. Comparing the generic structures of judgments among the three jurisdictions, as well as the structures of judgments in Mainland China over time, the paper argues that genre also has the essential features of a sign, that is, the characteristics of temporality and spatiality. (shrink)

Although legal terms are conventionally considered to have self-referential, self-closed meaning independent of context, a legal term only acquires its meaning within a given context. As long as the context varies, the meaning of the same legal term as a signifier may change correspondingly. Based on case studies by applying semiotics, we argue that a legal term is just a sign within its sign system; a legal term as an individual sign does not have any inherent meaning, and its meaning (...) can only exist in the relationship with other signs or sign systems. In other words, a legal term only denotes in a particular temporal and spatial context. Through this study, we conclude four propositions about a legal term as a sign: first, the connection of a legal term with a legal concept is relatively arbitrary; second, the meaning of a legal term exists in a sign system; third, a legal term can be subject to multiple interpretations; fourth, the defining of a legal term may be affected by other sign systems. (shrink)

By exploring the cultural discrepancies in Chinese legal texts and their English versions and to what extent legal and cultural discrepancies influence and constrain legal translation, the study argues that it is useful to consider cultural discrepancies within a semiotic framework. Language is a phenomenon and factor that links different cultures; the use of language is crucial to any legal system. Law, as a cultural product, is attended by cultural discrepancies when switched into other languages for the purpose of achieving (...) equivalence. After a brief overview of cultural differences in translation, legal translation in particular, the study is set to examine the role of translation in crossing through different legal cultures and backgrounds and investigate barriers in the process of translation. Investigating cultural discrepancies in legal translation within a semiotic framework allows us to focus on certain interpretations by acknowledging that legal texts are composed with systems of systems and interacting with other cultural aspects in a wider context. (shrink)

ABSTRACT In this paper we explore how a public national media outlet, the British BBC, represents an international legal case which has a highly political nature. The case is US versus Huawei/meng Wanzhou, which took place between 2018 and 2021. Accusations were that the Chinese technology company committed fraud, leading the global HSBC bank to breach US sanctions against Iran. The charges were made by the US using what is called an ‘extraterritorial law’, which, while rejected as law by governments (...) around the world, is policed by US economic powers and control over international finance. Using Critical Discourse Analysis we show that, while the BBC presents much detail of legal process, the actual nature of the law the US uses to bring criminal charges against international companies and banks, is neither considered nor questioned. Our interest is how such a law, which has a huge influence over global trade and politics, is presented to the public in this particular case. We contribute to the position that the nature of laws, how they are used and known, must always be understood within the prevailing discourses of the moment. (shrink)

ABSTRACT The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. (Jacques Anatole François Thibault).

Among the categories of the telecom and internet frauds, the online romance scam is of particular concern for its sharp rise of victim numbers and the huge amount of cost. A social semiotic approach could be used to investigate the victim identity of the online romance scam from the aspects of the (re)construction and interpretation of discursive practices. The range of papers in this section shows that the study of text, context and the way that people use semiotic resources to (...) produce communication, to create and manage events and to interpret them. (shrink)

Quite different from translation for general purposes, transplanted legal discourse is often unmatchable to the target discourse community. In reality, exact equivalence could not be found in terms of translation in legal transplant, which means the major task of translation in legal transplant is to solve lacunae, discursive gaps between the source text and the target text. In legal translation, a lacuna seems to constitute a factor of untranslatability. This paper, based on a study of four cases, argues that equivalence (...) can be achieved within the proposed Translational Triangle. The sociosemiotic approach is adopted in this study to explore the complexity in legal translation, and provide insights into legal translation, both theoretically and practically. (shrink)

With the rapid advances in science and technology, Artificial Intelligence (AI) has been developing exponentially and transforming the world in ways we could never have envisioned. Its applications...