Undoubtedly and unfortunately, COVID-19 pandemic has been politicized in media see Abbas, Rui Zhang. Although vaccines play a crucial role in eliminating the pandemic, they have been politicized by media. This article aims to show how COVID-19 vaccines are politicized in the press. The article collects some selected reports on vaccines taken from American and Chinese media. The reports are analyzed according to an analytical framework suggested by the researcher. The framework and data collection and description are clearly presented in (...) the method section. Based on data analysis, the article shows that COVID-19 vaccines have been politicized. The study recommends that diseases and vaccines should not be politicized. In other words, we should respect and trust science and our scientists for no other purpose than to reach herd immunity and overcome a dangerous pandemic that has taken and is still taking thousands of innocent lives. (shrink)

This article critically studies coronavirus pandemic news in the press. The article attempts to study the way the news of COVID-19 is used for political and ideological purposes. In order to achieve the aim, two newspapers namely, The New York Times from the United States of America and Global Times from China are selected. Van Dijk’s news schemata framework is used for the analysis of the reports selected from the two newspapers. Van Dijk’s news schemata is crucial for the analysis (...) of any news story whether such a news story is taken from a news channel or a newspaper and whether broadcasted or printed. Based on data analysis, the article found out that the news of COVID-19 has been politicized and used for ideological interests. The article recommends that pandemics should not be politicized, instead we should work together to save our lives and live peacefully. (shrink)

Fake news is created as ordinary news stylistically but it consists of deliberate disinformation or hoaxes. The text is generally constructed to cause negative emotions and feelings in readers: fear, panic, distrust, and paranoia. It is done to manipulate the opinion and consciousness of a large number of people and eventually leads to changes in the values, ideas and attitudes that already exist in the public awareness. The result is a schism that has already gone beyond the usual spiritual strife. (...) Moreover, its expansion has weakened the defining feature of Russian Orthodoxy which lies in trust and support of the state and authorities. The Russian Orthodox Church has to deal not only with public health crisis but also with profound differences within its ranks over the churchgoers’ behavior in the conditions of a pandemic. The article analyzes legal regulations and mechanisms for countering fake news about the Russian Orthodox Church, and provides examples from the judicial practice. It also determines the mechanisms of the worshippers’ reaction to the fake news involving the Russian Orthodox Church. Using semiotic methodology, the author reveals re-encoding of the symbolic meaning of such signs as “Russian Orthodox cross” and “red cross”. The connotative meaning of these signs leads to contradictions in the conditions of the COVID-19 pandemic. (shrink)

What is viral law? In order to being my discussion, I note that the last two years have been extremely difficult to understand and that we, meaning those who have lived through the pandemic, have struggled to make sense. Thus, I make the argument that the virus has impacted upon not only the individual’s ability to make sense in a world where every day routines have been upended, but also social and political structures that similarly rely on repetition to continue (...) to function. According to this thesis, Covid-19 is more than simply a biological organism, but also a cultural virus that undermines the organisation of social, political, and economic systems and requires new ways of thinking about how we might move forward into a post-Covid world. In the name of beginning this project of making sense of Covid-19, I track back in history to the comparable reference point of the Spanish flu pandemic of 1918–1920 and, in particular, a reading of Freud’s Beyond the Pleasure Principle, which the founder of psychoanalysis wrote in the shadow of the virus. In reading Freud’s attempt to write a psychology of death in the context of this funereal period of history, I argue that he set out first, a mythological theory of viral law concerned with the death drive, before turning to second, a techno-scientific, biological theory of the same law characterised by microbial immortality. Beyond this exploration of Beyond the Pleasure Principle, in the third part of the article I turn to a reading of Lacan’s interpretation of Freud’s work, where viral law becomes a story of cybernetics and nihilistic mechanisation. Here, perfect mechanisation, and the endless oscillation between message and noise, looks a lot like living death. Finally, I take up Derrida’s critique of Jacob’s molecular biology and, by extension, Freud’s theory of microbial immorality, that he thinks privileges an idea of repetitive sameness and opens up a space for cultural politics concerned with immunity against otherness. Derrida’s key point here is that this biological fantasy ignores the reality of viral sex that enables evolution to happen. What this means is that the other, even in its microbial form, is ever present, and that we must recognise the importance of difference to the possibility of social, political, and economic change. (shrink)

Legality in the Global South suffers from problems of application by convenience. Some rules are applied, and some are not, depending on certain actors, such as the State, the stakeholders, or others. This undermines legitimation as constructed by legality and due process. These problems are connected to a wider complex formed by coloniality, internal colonialism, and a form of functional differentiation that limits autonomy of the different social systems. This complex of structural properties allows States and other actors to systematically (...) use one system against the other or—within a given system—one level of rules against the other. This was the case in Ecuador: in the initial months of quarantine due to Covid-19, the government took decisions about external state bonds following international legislation—and quite contrary ones related to local work contracts. Once again, legality followed different paths in diverse cases. Ecuadorian economic authorities accept and respect conditions on external public bonds which are protected by some complex and specific clauses to secure the payment. The same authorities have different practices towards international and national legislation that were organized in the sense of legal subsidiarity. This text will explore reasons and effects of legal de-differentiation in the Global South in times of crisis. The Ecuadorian case in time of Covid-19 helps to understand how structural problems related to the lack of autonomy of the legal system are perpetuated and lead to effects of convenient political action. (shrink)

The 1948 Universal Declaration of Human Rights recognized that “everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits”. As a result, cultural rights have been understood as inseparable from human rights and require protection mechanisms within particular international legal systems. The European continent is proud to have developed one of the most effective mechanisms of the human rights protection by establishing the Council (...) of Europe and adopting the European Court of Human Rights. The recent outbreak of the COVID-19 reformulated many concepts of access to human rights and possibilities to enjoy freedoms. Even if access to culture has been available online for many years, it is the time of globally occurring lockdowns that forced people to stay home and found themselves in a situation when all of a sudden online access to culture became the only way of access to culture. The article aims to analyze the current situation in Europe by asking questions if and how online access to culture is recognized and protected under the Council of Europe’s mechanisms with special emphasis on the case-law of the European Court of Human Rights in this field. (shrink)

Since early 2020, the Covid-19 pandemic has affected our world in multiple ways. What we know and how we know it has shifted on a global scale. How we move throughout the world has been restricted and locked down. How we see one another has changed the cultural narrative in numerous countries throughout the world. As we seek to rid ourselves of the novel coronavirus infecting our everyday, three significant paradigm shifts have mutated our realities and imaginaries in which we (...) dwell. With millions dead or sickened by the evolving Covid-19 virus, we are a different world now than we were. As guest editors for this Special Issue, Visible Mutations of the Information Imaginary: Knowledge, Movement, and Cultural Discourse in the Wake of Covid-19, we pay tribute to the millions affected by these changes by offering this collection of scholarship as a critical path forward. We examine three primary areas in which life, law, and legality have mutated with results that demand our immediate attention. The first section of contributing articles, Knowledge, engages with the dissemination of knowledge and information as either fact or fiction in lexicons and media outlets throughout the world. The second section, Movement, focuses on aspects of motion and its restriction in terms of bodies, legislation, access, and the threat of viral contamination across borders and within communities. The third section, Cultural Discourse, considers the visibility of viral spread ranging from masks that cover the face to the separation of bodies through social distancing to the politicization of religion and vaccination. What once were normative cultural positionalities of space and politics have been volatized by institutionalized risk reduction and the confrontation of the unknown in the tenuous unforeseeable realm we now globally inhabit: L'idée se fait jour qu’il s’agit au moins autant d’une syndémie que d’une pandémie. Alors que la pandémie est une épidémie qui touche une partie importante de la population mondiale, une syndémie caractérise un entrelacement de maladie, de facteurs biologiques et environnementaux qui, par leur synergie, aggravent les conséquences de ces maladies sur la population. Ost F. We hope that this Special Issue helps to contribute as a vital source of critical engagement with the effects of the new pandemic lexicon and re-emerging, yet irrevocably mutated public and private spaces and relationships to each another. (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 paper aims to perform a multi-level analysis of the Irish public discourse on Covid-19. Despite widespread agreement that Ireland’s response was rapid and effective, the country’s journey through the pandemic has been no easy ride. In order to contain the virus, the Government’s emergency legislation imposed draconian measures including the detention and isolation of people deemed to be even “a potential source of infection” and a significant extension of An Garda Síochána’s power of arrest. In April 2020, journalists John (...) Waters and Gemma O’Doherty initiated judicial review proceedings before the High Court to challenge such legislation, which they defined as unconstitutional, “disproportionate” and based on “fraudulent science”. The proceedings attracted widespread media coverage in what soon became a debate on the legitimacy of emergency legislation and the notion of ‘fake news’ itself. After a brief survey of the legislative background to Ireland’s Covid response, the argumentative strategy is analysed through which the High Court eventually dismissed Mr Waters and Ms O’Doherty’s challenge. Focusing on the process of justification of the judicial decision, the paper provides a descriptive account of the argument structure of the Court’s decision. This sheds light on the pattern of multiple argumentation through which the Court interpreted relevant norms in the Constitution and at once re-established the primacy of “facts” informing political decision-making at a time of national emergency. (shrink)

Focusing on media discourse and adopting a Critical Discourse Analysis—linguistic and rhetorical—perspective, this paper explores the role of the media in influencing citizens’ behaviour towards the COVID-19 crisis. The paper evaluates the set of potentially persuasive lexical items and emotional implicatures used by two quality newspapers, i.e. The Guardian and El País, to report on the pandemic during the three waves—the periods between the onset and trough of virus contamination—that occurred until March 2021. A representative, ad-hoc, comparable corpus was compiled (...) in English and Spanish comprising the news on the pandemic that appeared in the aforementioned newspapers during the three established time periods. The corpora were uploaded to Sketch Engine, which was used to first detect and analyse different categories of word frequency, and then assign negative or positive polarity. Lexical keyness was secondly analysed to categorize emotional implicatures of control, metaphors, signals of epistemic asymmetry and positive implicatures in order to discern how they become weapons of negative or positive persuasion. The ultimate end of the study was to critically analyse and contrast the lexicon and rhetoric used by these two newspapers during this time period so as to unveil the stance taken by governments and health institutions—voices of authority—to disseminate words of control and persuasion with the aim of exerting influence on the behaviour of citizens in UK and Spain. (shrink)

The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to mid-July 2021 and examine COVID-19 pandemic-related arguments in a sample of litigated cases heard in Polish courts, more precisely 41 cases. In an attempt to establish the number and types of court cases in which such arguments have been raised, the population of individual case records was accessed electronically from the Ordinary Courts Judgments Portal. The analysed research material consists of texts of (...) written justifications published along with rulings of courts of the first instance in the Portal, except for texts regarding criminal cases and widely understood labour cases. This paper refers to certain theoretical aspects of argument and argumentation. Then, it sheds light on the use of COVID-19 pandemic-related arguments by the parties involved in litigation—as reported by the courts in written justifications—considering, amongst others, whether those arguments were found convincing by the courts. Based on a survey of relevant cases, an attempt was made to identify categories of COVID-19 pandemic-related arguments of the parties involved in litigation, raised in their legal submissions. Also a look into the tendencies in this regard was taken to see whether any patterns emerge and it is possible to discern different trends in the analysed phenomena. The point of the analysis in this article is both descriptive and normative. (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 paper examines and compares some legilinguistic features in news/media reports in Hebrew, and in Arabic in Israel and Egypt during the COVID-19 pandemic in 2020 and the beginning of 2021. The goal was to find frequent and innovated expressions in the communication media during the COVID-19 period. The research question was, since there are linguistic differences between these language-varieties: would differences be found also on the legilinguistic level? Hebrew and Arabic were studied because of their different status. In Israel, (...) Hebrew is the dominant official language, while Arabic is a minority language. In Egypt, Arabic is the official and dominant language. The material was collected from two news/media channels in each of Modern Hebrew and Arabic in Israel, and two from Egypt. Selected news texts were analyzed and examples of their lexical and syntactic elements are presented. The texts revealed similar methods for controlling the pandemic, and some linguistic differences. The comparison with legilinguistic literature suggests that the findings of these Hebrew and Arabic texts' features during the pandemic differ from features discussed in other studies. (shrink)

Can the pandemic measures be used to advance particular political means? The question of correlation between illiberal legal changes adopted amongst the wave of legislation focused on battling COVID has arisen in a number of countries around the world; as an increasing number of states finds leaving restrictions behind in 2022, however, Hong Kong is still battling the Omicron wave of the pandemic. Ever since its transition to China in 1997, Hong Kong has retained its place on the world stage (...) as an international business hub and, while getting closer to the Mainland, enjoyed the freedoms provided by its SAR status. At the same time, by the end of the second decade of the twenty-first century the tensions between the pro-democratic inclinations of the large part of the city’s population and pro-Mainland disposition of the SAR’s political elite began to rise, with proposals of various legal acts put forward by the local government often perceived as encroaching freedoms. The street-level ‘standoff’ between the authorities and the people was brought to a halt by the COVID-19 pandemic; and, with protesting rendered virtually impossible, a number of controversial legal changes were introduced by the government taking advantage of the situation, which, together with the anti-pandemic measures have continued to negatively impact the city’s financial hub status. The purpose of this paper is to analyse the correlation between Hong Kong’s fight with the pandemic and the local government’s taking advantage of the situation in order to implement illiberal legislation, and its aftermath. (shrink)

On 24th March 2020, the first nationwide complete lockdown was announced by the Prime Minister of India for 21 days which was later extended to 31st May 2020. Consequently, thousands of migrant workers placed in big cities had no other option but to go back to their native villages. Their journeys back to villages- thousands of kilometres on bicycles or foot due to the non-availability of public transport amidst the travel ban- were driven by the compulsions of food and shelter. (...) In one of many heart-wrenching incidents, sixteen laborers were run over by a freight train while they were resting on the railway tracks. The images of the Roti on the railway track strewn across were beamed on the national news channels, as a telling commentary of the unimaginable hardships of these workers. Ironically, in the eyes of law, they were trespassers under the Indian Railways Act, 1989. The Indian Railway did not pay any compensation to the victims. Their act also violated the Indian Disaster Management Act, 2005 and Indian Penal Code, 1860- the law for the breach of lockdown guidelines and the law for disobedience of order by public servants respectively- for having decided to travel amidst a travel ban. The semiotics of law-making acts ‘criminal’ bereft of ‘moral culpability’ are seldom questioned on their supposed amoral foundations. Pandemic exhibited that social fissures not only condition the individual or community actions but also the actions of the State. Minorities especially Muslims were at the receiving end of State’s selective enforcement of lockdown laws in India. The various instances in the wake of the COVID-19 pandemic expose the hollow claims of equality before the law and the equal protection of laws as a constitutional promise to every citizen. This article aims to unravel the ostensible and the actual moral exhibition of such Indian laws through the lens of several incidents during the nationwide lockdown in India. This paper would argue that this constructed positivist amorality needs to be deconstructed to unearth the power imbalance that it seeks to hide. (shrink)

March 2020 has become a moment of change in communication mode and quality. Previously, the media paid attention to the current affairs, however, never earlier the journalistic discourse has been so influentially affected by the ongoing phenomenon as in the case of COVID-19. Almost overnight the new terminological phenomena with specific legal or medical reference were introduced into everyday language mainly via mass media and become an important part of a pandemic related narration. The strong influence on the shape of (...) the mentioned linguistic changes has mainly the adoption of new legal regulations due to the unexpected outbreak of the pandemic. The aim of the following paper is to investigate how COVID-19 pandemic affected the specialisation of the journalistic discourse and how different domains are being influenced by new terminology and in other way round, how for example law and medicine influence new “COVID language”. In order to take the interdisciplinary nature of the issue into account, the degree of hybridity of the selected texts will be examined by means of selected material analysis. The methodology applied in the paper uses an empirical approach and comparative analysis. The material used for the analysis comes from the selected Polish quality and boulevard press. The paper concerns the linguistic influence of the “invisible enemy” on the language presented in press. The main findings reveal the intense use of neologisms, borrowings, and it shows that the discourse was changed linguistically thanks to Student’s t-test. (shrink)

Legal terminology is deemed a key feature of legal discourse and a pivotal constituent of competence evaluation and quality control in the translation of legal texts. Problems of terminology unequivocally prove the need for analysing factors governing changing situations as well as macro-textual parameters and measures for the sake of making strategic decisions at a micro-level. There have been a lack of translation methodology among practitioners and trainees and a lack of a practical operational model that comprises all the primary (...) measures and criteria for analysing translation. The present paper seeks to test the efficacy of the integrative model proposed by Prieto Ramos The Ashgate Handbook of Legal Translation, Ashgate Publishing Limited, Surrey, 2014) in surmounting terminological problems of Arabic-English legal translation through applying the said model to the translation of the three Arabic Islamic legal terms: ‘bayʿu al-tawliya’, ‘bayʿu al-wafāʾi wal-amāna’ and ‘takhliya’ into legal English. The present paper claims that the integrative model proposed by Prieto Ramos The Ashgate Handbook of Legal Translation, Ashgate Publishing Limited, Surrey, 2014) proves useful and fruitful in coping with terminological incongruencies and particularly successful in surmounting problems of rendering legal terms from legal Arabic into legal English. This may be owing to the fact that the said integrative model encompasses all the steps and criteria required for adopting plausible strategic translation decisions. (shrink)

When the new Scottish Parliament was established through the Scotland Act of 1998, various innovative steps were taken to guarantee greater public participation in political processes. One of these measures, the Scottish e-petitioning system, provides a vehicle for interested citizens to petition the parliament directly on matters of public interest. This article examines all the e-petitions submitted since September 2011 in the area of Justice and Law, establishing how petitioners convey their own motivation for taking this step, and how Scottish (...) justice is represented. Analysis of these petitions shows citizens engaging proactively with legal issues, and probes into citizens’ conceptualizations of law and justice both in their current reality and as projections of how they could or should be. It also explores the association between legal and national consciousness, and the way in which citizens adopt an increasingly transnational approach to framing legal issues. The petitions thus reveal both active concern to achieve justice in highly specific individual matters, and a more theoretical concern with the specific status of Scottish justice, portrayed as lagging behind the rest of the United Kingdom in various respects. (shrink)

Kohl and Nimmerfall, two legal scholars from the Faculty of Law at the University of Vienna, have put forth an edited volume dealing with ‘law and language in practice’. In this article, I present a critical evaluation of the work, taking into consideration its structure and organisation, the range and depth of the work, and the construction of and perspectivation on legal language in use and the legal language user. I do so from the interdisciplinary view of legal linguistics and (...) social semiotics, two areas of critical intellectual inquiry that are doubtlessly underrepresented in this volume. While legal linguists in Austria have anticipated the work as a hopeful bridge-builder across the domains of law and language, Kohl and Nimmerfall display a lack of awareness towards ongoing controversies in legal linguistics on the national and international level that seriously jeopardise the aim of the work. Currently the volume is being used in a course held by the authors entitled “Legal Literacy: Contract drafting, legislation and other areas of law”. Despite the work’s breadth of legal contexts touched upon and its undisputed worth for the community of practice, the work gives a sometimes disconcerting impression of authority in the field. While the authors’ openness to embracing language issues in legal contexts ought to be welcomed, the nearly complete lack of references made to the ever-growing body of research in legal linguistics, not only in Austria but around the globe, is surprising and concerning. (shrink)

Acts of violence arising from hatred, racism, and bigotry have no place in a world of civility. The brutal attacks on Muslim worshippers at two mosques in Christchurch, New Zealand, leaving 51 dead and 49 injured, can never be justified. Through adopting Van Dijk's ideological square of 'Us. vs. Them' [3], the present study uncovers the impact statements of the attacks' survivors and victims' families, denouncing the severity of the event and expressing the shattering effects of the attacks on self, (...) society, and humanity at large. Over a period of three days, about 90 people delivered their statements in the High Court in Christchurch. The data were compiled through YouTube videos and news articles that reported the testimonies. The findings showed that the overall discursive strategy used in the impact statements is that of positive self-presentation and negative other-presentation. Such presentations are realized by focusing on the positive aspects of the ingroup members represented by the attacks' survivors, victims' families, and people of New Zealand on the one hand, and the negative characteristics of the out-group members represented by the terrorist, on the other. As the paper sends a strong message for accepting 'otherness' and rejecting antagonism, it is of significance to readers and researchers in inter-faith dialogue, human rights, equality, freedom, and justice. (shrink)

Kafka’s works very often work as parables in which the lesson has been lost; or at least is ingeniously obfuscated from immediate understanding from the reader. His short story “In the Penal” Colony is no exception: the Traveller visits a penal colony with an unusual take on capital punishment as a sophisticated machine, built by the former commandant, inscribed unto the flesh of the criminals the law whose violation has resulted in their excruciating painful death. Our proposal is that the (...) story is a clear reference of a very commonplace Jewish ritual of laying “tefillin”, i.e. phylacteries containing certain commandments and to be affixed to one’s head and arm every morning, and that such preoccupation of ensuring the transmission of the law by physical inscription unto the mind and the flesh. (shrink)

The Spanish future subjunctive demonstrates how linguistics can inform modern language policy. The FS is described as an archaism to be eliminated from contemporary legal texts. We analyze a corpus of over 3000 tokens of the FS in Spanish legal texts dated between the 13th and 16th century. The FS has two functions in legal discourse. The casuistic function allows for indicating paradigmatic subordination; the forwarding function introduces new information. Our quantitative results suggest an increase in the usage frequency of (...) the FS in legal discourse, where an inverse trend appears in other genres. As shown by a linear regression analysis, the FS started appearing significantly closer to the beginning of the law article, indicating an increase in the forwarding function in time. In view of our results, reformers of legal Spanish should consider the functions of the FS in legal discourse when advising its suppression. (shrink)

This article presents an empirical investigation into the construction of obedience in letters of applications mailed to National Socialist authorities for the position of executioner between the years 1933 and 1945. To this end, a corpus of 178 letters of application was compiled, annotated, and analyzed using the corpus analysis toolkits Antconc and Lancsbox. A quantitative and qualitative analysis of the corpus was conducted. The findings were related to and interpreted from the perspectives of applied legal linguistics, stylistics, and legal (...) history. The project aims to explore the construction of a shared discourse of obedience and how this discourse is operative in the letters of application. Drawing on an explorative interdisciplinary framework, this project seeks to answer the following research questions: Is obedience a construct in applicants’ letters of motivation? Which linguistic devices and discursive strategies are used by the executioners to express submission to officials of the National Socialist state? Are there variants of the construction of submission by applicants? (shrink)

The South China Sea territorial dispute has been a contentious issue in the international community. In the course of 3 years, China and the Philippines had undergone arbitral proceedings over the maritime rights and entitlements in the South China Sea. As the Permanent Court of Arbitration reached its decision, this paper aims to examine the interpretation process of the Arbitral Tribunal in the judgment of the South China Sea conflict between China and the Philippines. The primary objective of the study (...) is to reconstruct or explain how the Tribunal came up with its interpretation of the written arguments presented by the parties involved and to distinguish whether such reconstruction the Tribunal has successfully interpreted or made sense of the said arguments and submissions. Doing so would necessitate a pragmatic analysis– the relevance-theoretic account of human communication and cognition. Data analyzed include written submissions and arguments as well as the legal documents used during the arbitral process. Using content analysis, the data were evaluated through applying the tool of interpretation based on the criteria set by the three conditions of the relevance theory: logical condition, pragmatic condition, and condition of optimal relevance. This paper argues that in order for the addressee of an utterance, in this case the Arbitral Tribunal, to attain a successful interpretation, it should meet these three conditions. This study found that the reconstruction of the interpretation based on the three conditions showed that the Tribunal had attained a valid and correct interpretation of the Philippines’ and China’s arguments. Furthermore, the paper asserts that implied conclusion and the contextual assumptions can be a guiding principle for the cognitive comprehension or interpretation of legal texts. (shrink)

This paper provides an original, in-depth analysis of English and Welsh criminal and penal policy on restorative justice. By using a historically-discursive approach—legal archaeology—this study firstly outlines the overarching representations of restorative justice within policy, unpacking their internal organisation. Then, it interprets such patterns of knowledge in light of specific cultural, political and professional transformations involving the Anglo-Welsh criminal justice field over the last 30 years. Along these lines, it generates a historically documented policy map whilst problematising the taken-for-granted images (...) of restorative justice which populate regulations, codes and laws. This has implications for the study of the relationships between restorative justice policy and practice and for future research on the institutionalisation of this ‘new’ frontier of penality. More generally, the exploration of links between policy, politics and culture, provides material for a critical assessment of how state agencies appropriate community-based and practice-led forms of justice. (shrink)

In case when the criteria for the validity of interpretative directives are not clearly defined and a political dispute arises, the dispute participant may refer to such interpretative directives, the use of which will determine the content of the law and determine the outcome of the political dispute. In this way a crisis of the legal order in Poland has occurred. Therefore, the aim of this article is to draw attention to the consequences of the undefined status of the directives (...) of legal interpretation, the resulting need for legitimacy of the interpretation of the law, the role of legal views possible in this respect and the validation role of the interpretation custom in legal doctrine. The article consists of four parts. The first one describes the phenomena that have disrupted the traditional approach to the sources of law. The second part describes the traditional approach to the sources of the law. The third one proves that the traditional approach to the sources of law, in which the main role is fulfilled by normative acts, is incorrect, this part also indicates that the key role in this respect is played by spontaneous rules of law interpretation. The fourth part indicates the need to legitimize the interpretation of the law and the role of the interpretation custom in judicial doctrine. The research material includes parliamentary practice in Poland, practice of law interpretation and scientific studies on law interpretation. The research material was examined mainly using the method of linguistic analysis. (shrink)

In the renewed Russian Fundamental Law, in addition to a number of provisions introducing changes to the political system, there are also statements of programmatic importance, as well as several provisions with symbolic and identity function. In this article these provisions are subject to functional and semiotic-cultural analysis. Particular emphasis has been placed on legally irrelevant content transmitted by the new regulations, on their semantic connections with the content of the preamble and on their cultural context. The research procedure carried (...) out allows us to state that, compared with the 1993 text, the Russian Constitution in its current version participates to a much greater extent in the complex system of transmission of symbolic content, as well as the narratives that contribute to social memory, cultural and historical identity. In doing so, it goes beyond its genre limitations, opening the basic text to the functions assigned to the preamble. In the fragments I have analysed in the paper there are undoubtedly functional and genre disturbances, and with them changes the mode of semiosis of the legal text, both in its normative and programmatic form. Renewed Constitution is the case in which a legal text, by its very nature designing the possible future world, does so through ideas about the past. (shrink)

I investigate: to what extent do folk ascriptions of lying differ between casual and courtroom contexts? to what extent does motive to lie influence ascriptions of trust, mental states, and lying judgments? to what extent are lying judgments consistent with previous ascriptions of communicated content? Following the Supreme Court’s Bronston judgment, I expect: averaged lying judgments to be similar in casual and courtroom contexts; motive to lie to influence levels of trust, mental states ascriptions, and patterns of lying judgments; retrospective (...) judgments of lying, after being presented with the state of the world, to be inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content she did not communicate. I performed a survey experiment on the Qualtrics platform. Participants were recruited through Amazon Mechanical Turk. I employed standard Likert scales and forced-choice questions. I found that: average lying judgments are similar in casual and courtroom contexts; motive to lie decreases trust ascription and increases lying judgment; judgments of lying are inconsistent with previous judgments of communicated content: participants hold the protagonist responsible for content they did not communicate. Perjury ascriptions are inconsistent. The Supreme Court’s worries expressed in the Bronston judgment are well founded. This article helps reforming jury instructions in perjury cases. (shrink)

Anthropomorphic language is constantly deployed in discussions of technology more generally and very specifically in discussions of artificial intelligence. Such language can obscure both what the technology actually does and what the challenges are to using it. Facial Recognition and autonomous vehicles both rely on a form of computer vision—not the same but related forms. This article seeks to deconstruct what is going on in these two technologies to give readers an ability to think critically about them as these are (...) technologies that will have broad social impacts and which are potentially dangerous to health and well-being. They will involve exercise of power by inscrutable algorithmic authority and it is important to think more deeply about them so that we can build a world we want to live in. (shrink)

Chief Judge Achilles and Judge Hera – uniqueness of proceedings – the nature of judicial decision-making – the judicial order of Mega-city One – source of judicial power – judicial styles – qualities required for judicial office – context of judicial action – requirement of reflection – interpretation and meaning in enforcement of law – adjudicative models – law as horrific – legal theories – Hans Kelsen – Justice Hercules – Jacques DerridaJudge Howard – critical assessment of judicial order of (...) Mega-city One – Hans Kelsen, positivism and democracy – merging of law fondatrice and law conservatrice – the “soul of the law” – fracture of the Rule of Law – fascism – comparisons with fascist regimes of twentieth Century Europe – signifiers in judicial uniform – consequences of dissent – reasons for, and consequences of, resignationChief Judge AchillesJudge HeraJudgement delivered 3 March 2138.Grand Hall of Justice, Mega-city One. (shrink)

Why do we say that a certain fiction is good, or even credible? The paper discusses the issue of fiction acceptability or credibility, with reference to the literary and legal domains in particular. Coleridge claimed that ‘poetic faith’ involves a suspension of disbelief. If he was right, to be good a literary fiction must be credible. Literary credibility does not mean truth or truthfulness. The paper contends that it means, in some senses to be specified, coherence; hence it provides a (...) coherentist theory of fiction which is checked against some literary and legal examples. Although the differences between these fictions must not be underestimated, the paper concludes that coherence provides a general account and justification of fictions and of our judgments on them. (shrink)

Inside the interdisciplinary field of Jurilinguistics, the main research has been carried out on state languages like English, French, German or Spanish. However, there is a new reality in today´s world, namely the existence of minority languages that have arisen to an official status as sub-state languages for the law and a limited range of branches of the law to be the own way to express themselves. The jurilinguistical point of view of this new reality requires a new approach to (...) it, mainly focused on both a general framework and the situation of each language. This is the reason for a first attempt to formulate a jurilinguistical general framework and a methodological approach to this new field in combination with the study of a particular case language, the Basque language, in order to describe its characters as a sub-state tool for expressing the Basque law and bijuralism, in accordance with its status as an official language in the Basque Autonomous Community and Navarrese Community, both in the Kingdom of Spain. (shrink)

In this paper I argue that there is objectivity in international human rights law, against which the justifiability of arguments can be determined, and which could advance the universality versus relativity of human rights debate. Revisiting the three schools of treaty interpretation and applying the three elements of Radbruch’s rule of law, I discuss how the interpreter’s job of balancing those schools has limited room for manoeuvre. I further propose an approach to help jurists detect unjustifiable arguments in treaty interpretation, (...) often in the disguise of relativism. That approach consists of: a non-justifiable argument contradicts all three schools of treaty interpretation; or ignores all three; a justifiable argument is supported by at least one of these schools; a better argument is a more balanced argument, i.e. supported by more elements of interpretation. Finally, I argue that there is a degree of objectivity in each school of treaty interpretation, which is supported by shared intention and speech act theory, and can therefore be held to apply to the whole process of treaty interpretation. I illustrate above arguments with a case, a doctrine, and a country. (shrink)

The article is based on an observation that there are significant and non-arbitrary similarities between two, seemingly quite distant, theories that address the problem of linguistic categorization. One is the theory of open texture put forward by a prominent legal philosopher, Herbert L.A Hart. The other is the theory of prototypes, originated from psychological research by Eleanor Rosch and developed by cognitively-oriented linguists, most notably Charles Fillmore, George Lakoff, and Ronald Langacker. Firstly, the origins of the open texture theory are (...) presented, including the discussion of Friedrich Waismann's and Ludwig Wittgenstein's ideas and their impact on Hart's theory. Secondly, Hart's theory of open texture is examined, based on several articles and his masterpiece: The Concept of Law. Thirdly, a brief introduction to the prototype theory is provided, focusing on its reception in Cognitive Linguistics. Fourthly, a comparison of both theories is presented, including a sketch of a broader philosophical and historical background, as well as a detailed analysis of similarities and dissimilarities between them. The comparison results in a conclusion that, on linguistic grounds, the open texture theory can be viewed as an anticipation of prototype theory. Finally, several reservations are made in order to avoid possible confusions and some obvious objections. (shrink)

This article touches upon the significance of the traditional Chinese law in the Ancient times. It refers not only to Confucianism and legalism, but it also reveals some information about Daoism and its point of view on the Chinese legal system. The aim of this study is to provide a comprehensive semiotic analysis of the Chinese characters related to law and some philosophical insight into traditional Chinese legal system. The following study focuses primarily on presentation of different perspectives on law (...) in Ancient China by giving some examples of law application and divergent judgments depending on Confucian and legalist thinking. The discourse presented in this study is centred on the traditional Chinese values and brings us to the final considerations about Chinese legal culture. (shrink)

In order to establish criminal responsibility, criminal law theory uses categories summed up in words or expressions commonly used in other fields, namely scientific and philosophical knowledge. A clear example can be found in the concepts of cause and freedom/culpability, which are used in the theory of crime as a fundamental basis for the attribution of a criminal event. The possibility of knowing and predicting phenomena provides man with the ability to exercise control over an event and to be liable (...) for its results. The different “uses” and “meanings” of these categories in the fields of law and in natural sciences lie at the centre of the issues examined here. The uncertainty surrounding causality has become undeniably relevant within the natural sciences. Simultaneously, the neurosciences have recently addressed and questioned the meaning of free will and culpability. This article argues that the contribution made by the natural sciences to the theoretical legal system, mainly with regard to the categories of causality and culpability, must be considered with care, seeking to demonstrate that scientific developments do not necessarily undermine these legal concepts, but enable them to be improved. (shrink)

This paper presents a specific concept of the legal system, bringing a contribution to the Theory of Law, from the line of analysis of the Semiotics of Law. The entire methodological approach of this concept is based on the contributions of the École de Paris, from a theoretical-semiotic perspective derived from the studies of Algirdas Julien Greimas. The analysis seeks to further and qualify previous studies and publications, and focuses on the task of presenting the concept of juridicity, deriving the (...) description of the concept of the legal system from it, understood as a set of connections between legal texts. Consequently, the paper presents a Mesh Model for the description of the legal system, replacing the positivist concept of the Pyramid Model, through restoring the relationship between Law and Moral, between Law and Society and Law and Justice. Throughout the theoretical explanation, the paper tries to trace, develop and qualify the main points with arguments that distinguish the operation of the legal system, such as the concentric movement, micro-universes of meaning, discursive practices, the task of legal actors, dynamic inter-textuality, the role of interpretation, the process of the production of legal meaning and the search for textual justice. (shrink)

L’une des plus notoires limites en droit international est la possibilité pour les États parties d’émettre des réserves afin de diminuer leur obligation de mettre en œuvre les droits enchâssés dans un traité. Les réserves formulées lors de la ratification de la Convention relative aux droits de l’enfant au regard du droit à l’éducation sont particulièrement notables et seront le sujet d’analyse de cet article. Nous allons dans un premier temps considérer le sens, l’intention sous-jacente, et la portée des réserves (...) en droit international, dans le cadre de la théorie de la « signifique» élaborée par l’éminente sémioticienne Victoria Lady Welby. Dans un deuxième temps, nous allons étudier le contenu des réserves au droit à l’éducation, l’intention des États lors de la rédaction des dispositions en nous référant aux travaux préparatoires de la CDE, et enfin leur « signification». Nous tenterons de répondre à la question suivante: les réserves au droit à l’éducation ont-elles des limites? Finalement, nous effectuerons une analyse sémioéthique de la Convention afin d’identifier des mesures permettant de désamorcer le signe pernicieux que constitue toute réserve au droit à l’éducation. (shrink)

Beginning by offering an overview on legal aesthetic humanisms as a specific embodiment of critical discourse, and discussing the ways the recreation of juridical experience, rationality, and culture underpinning such a criticism, leaving behind monolithic views on textuality, judgment, and subjectivity, positively contributes to unsettling the main assumptions underlying typical understandings of law’s autonomy—mostly those of formal specification of juridical “sources” and “scientific” isolation of legal thought—, this paper argues that simply reproducing aesthetic heterodoxy as the epitome of a humanist (...) ‘alternative to law’, without first debating the very orthodox-heterodox binomial, ends up overlooking the discursive and methodological specificity of law, as a particular experience of practical and normative validity. In this way, it introduces, from an axiological-normative and juridically oriented standpoint, a different—jusaesthetic—argument for re-examining the relationship between law’s praxis, nomos, and community. (shrink)

This paper discusses the “positivistic” idea of the limits of law in various contexts: the conceptual problem of the “limits of law”, the limits of legal interpretation and the limits of theoretical disagreements in jurisprudence. In the latter case, we briefly show how contemporary “reflective” or “critical” positivist theories approach the possibility and limits of disagreements over the “grounds” of law. In what follows, we argue that these theories, which argue for a form of an “institutional” limit for admissible “legal” (...) reasons as built upon theories of basic concepts or normative theories of interpretation, are themselves actually underdetermined by “legal culture” or, so to speak, a “folk theory of law”. In the final section, we outline how a folk theory of law constrains both conceptual and interpretive enterprises in jurisprudence. (shrink)

In recent years, the advancements made in the field of neuroscience have been echoed in criminal law, reigniting the discussion on culpability from the viewpoint of if it actually exists, considering the echoes of determinism on the re-found non-existence of free will. This discussion has triggered, once again, the issue of the boundaries and inter-relations between law and science, namely on whether normative or legal concepts and categories should acknowledge scientific breakthroughs. Bringing forth the theme of the limits of the (...) law, this discussion is able to provide insight, with reference to a specific problem, as to whether there are plausible legal answers in the context of the ascription of liability if the subject of law ceases to be a responsible—and thus free—person. Taking into consideration evolution both of science and criminal law dogmatic, we aim to argue that in the particular case of culpability, the desired autonomy of law has its limitations, and that without such limitations the ascription of liability would not have a correct answer. For this argument we will firstly approach the meaning of culpability as a milestone of subjective responsibility in criminal law, so that we can then analyse some arguments made regarding the impact of neuroscience on the maintenance of a concept of culpability with the meaning given above, so that lastly we can proceed to the rebuttal of the overarching impact of science on the law and advocate the autonomy of culpability within the necessary limits imposed by the needs of a plausible legal answer. (shrink)

This introductory chapter integrates two different steps: a global consideration of the problems which the “signifier” limits is able to include and a detailed mapping of the reflective path which the following thirteen chapters effectively pursue.

This short essay aims at discussing the opposition between two different views on limits in legal interpretations: I will call them “no-limits option” and “pro-limits option”. As for, it is based on a widely diffused understanding of individual freedom: that of an unceasing breaking of all limits. This idea involves nowadays not only a number of once accepted moral limits, nor the material or social limits suffered by people, but also the limits of conceptual determinations. As for, it is based (...) on the conjecture that limit would be the condition of “no longer, not yet”—as such, a matter of authentic freedom. The “no-limits option” can easily lead, in legal interpretation, to a radical contextualism according to which there would be unlimited meanings for a syntactically and semantically same legal text. The “pro-limits option”, on the contrary, maintains that the existence of limits is reasonable, and that reasonableness is itself a limit to interpretation. In other words, the undetermined space of “no longer, not yet” in which the limits consist of is open to exploration on and beyond through appropriate procedures of reason-giving. According to the “pro-limits option”, a reasonably common core-meaning of a legal text should be sought also when cases of application vary—and that would be precisely the nature of legal interpretation. Arguments in favor of this thesis can be found in Western philosophy from Aristotle to contemporary neurosciences. A remarkable consequence of my discussion on these two options deals with the concept of normativity, given that option conceives normativity only as an expression of will, whereas option links normativity to reasonableness. (shrink)

An amendment to this paper has been published and can be accessed via the original article.

This paper seeks to assess the role that references to non-binding materials such as foreign law and extra-legal knowledge could play in the so-called judicialization of politics. While comparative law is far from manifesting its best interpretative potential in practice, the fact remains that many apex or other higher courts use it to strengthen the legitimacy of their decisions. Since foreign law does not carry any authoritative meaning within the framework of a national legal system, the act of resorting to (...) it is therefore always a political gesture that can be, at one and the same time, decried as arbitrary or hailed as a fruitful tool of judicial dialogue and consensus building. For their part, extra-legal references raise the equally challenging question of knowing whether judges are well equipped to assess complex social issues that go beyond the mere context of a case. Reading and integrating such non-binding elements into judicial discourse poses a series of challenges for the judge before the task. My contribution will evaluate these challenges and will advance a number of conclusions regarding the potential perils of using hetero-referential arguments uncritically and instrumentally. (shrink)

1. Tout système juridique est production d’une histoire et d’une culture politiques déterminée, qui lui ont donné une organisation spécifique. Parler des limites de telles organisations peut s’entendre en deux sens, qui interagissent: premièrement, elles peuvent servir à différencier ces systèmes par rapport à d’autres ordres normatifs. Secondement, elles désignent ce que, par sa texture, le droit est hors d’état de réussir. 2. On comprend le concept de système comme une organisation aux structures différenciées de textes, de normes, d’acteurs. Ce (...) qui caractérise un système est son autoréférentialité et ses modes de clôture et ses modes d’ouverture. 3. Concernant la limite dans le second sens, on observera que la normativité comme mode d’action propre au droit le met souvent dans l’incapacité d’assumer pleinement les tâches de régulation qui lui sont confiées. Il s’agit d’une part d’une limite factuelle: celle de la technicité et du volume de ces tâches. D’autre part, la nécessité de plus en plus fréquente de prendre en compte les circonstances individuelles concrètes de l’application entraîne une légistique de diminution de la densité normative et, par conséquent, de déplacer une épistémologie fondée sur la répétition en direction de l’innovation. 4. Ces deux facteurs notamment font du droit un univers qui ne peut plus prétendre à une complétude cohérente: c’est un univers en constante évolution, qui exige pour sa mise en œuvre, de manière continue, l’apport d’informations provenant de son environnement. Ces apports circulent dans les modes d’ouverture du droit—la diminution de la densité normative et le recours à des expertises, des savoirs, des déontologies extérieures. Cependant, en vertu de l’autoréférentialité du droit, ces apports doivent être sélectionnés et juridicisés pour être intégrés dans le système juridique et préserver ainsi sa clôture. Il y a là une double programmation à respecter: la sélection doit d’une part respecter le cadre normatif du droit et de l’autre porter sur un choix correspondant aux attentes sociales qu’il s’agit de convaincre de son bien-fondé. Les limites du droit par rapport à d’autres ordres normatifs est ainsi définie par l’ordre juridique lui-même, dans le respect de cette double programmation. 5. Ce système a des présupposés politiques, culturels et historiques qui empêchent d’élaborer sans autre une essence du droit, valable urbi et orbi: notamment séparation des pouvoirs et liberté d’expression. Il n’est même pas certain qu’il puisse perdurer. En particulier, l’internalisation croissante du droit n’est guère conciliable avec son organisation telle que l’Occident l’a conçue. En outre, de plus en plus le droit devient l’objet d’une normativité supérieure, au nom de laquelle il est lui-même jugé: c’est le phénomène de l’économisation du droit. (shrink)

Le droit s’arrache à la violence, et, dans les meilleurs des cas, se laisse inspirer par la solidarité, parfois même la fraternité. Pour comprendre leurs régimes spécifiques, on peut distinguer, à la manière de « types-idéaux », trois mondes distincts: bia, ius, et agapè. Mais, s’ils présentent des caractères spécifiques et sont en partie incommensurables entre eux, ces trois mondes comportent aussi d’importantes interfaces. Dans une perspective dialectique, on peut même soutenir que le droit résulte de la tension permanente entre (...) les rapports de force et les aspirations éthiques, comme si ses limites extérieures le travaillaient aussi de l’intérieur. Autrement dit: ses frontières sont aussi des zones hybrides d’échange, de confrontation et de fécondation réciproques: agon, la confrontation réglée en deçà du droit, et philia, la socialité, légèrement au-delà. Mais, si le droit est le produit de cette tension, il en est aussi la limite et la mesure; moins expédiant que la force, moins sublime que l’amour, il en est cependant la médiation nécessaire. Au conflit, il impose une règle et un arbitre; à l’amour, potentiellement aliénant et possessif, il fournit une mesure. Limité et pourvoyeur de limites, le droit reste le meilleur garant de la liberté et de la justice. (shrink)

Identity as traditionally conceived in mainstream Western thought is focused on theory, representation, knowledge, subjectivity and is centrally important in the works of Emmanuel Levinas. His critique of Western culture and corresponding notion of identity at its foundations typically raises the question of the other. Alterity in Levinas indicates existence of something on its own account, in itself independently of the subject’s will or consciousness. The objectivity of alterity tells of the impossible evasion of signs from their destiny, which is (...) the other. The implications involved in reading the signs of the other have contributed to reorienting semiotics in the direction of semioethics. In Levinas, the I-other relation is not reducible to abstract cognitive terms, to intellectual synthesis, to the subject-object relation, but rather tells of involvement among singularities whose distinctive feature is alterity, absolute alterity. Humanism of the other is a pivotal concept in Levinas overturning the sense of Western reason. It asserts human duties over human rights. Humanism of alterity privileges encounter with the other, responsibility for the other, over tendencies of the centripetal and egocentric orders that instead exclude the other. Responsibility allows for neither rest nor peace. The “properly human” is given in the capacity for absolute otherness, unlimited responsibility, dialogical intercorporeity among differences non-indifferent to each other, it tells of the condition of vulnerability before the other, exposition to the other. The State and its laws limit responsibility for the other. Levinas signals an essential contradiction between the primordial ethical orientation and the legal order. Justice involves comparing incomparables, comparison among singularities outside identity. Consequently, justice places limitations on responsibility, on unlimited responsibility which at the same time it presupposes as its very condition of possibility. The present essay is structured around the following themes: Premiss; Justice, uniqueness, and love; Sign and language; Dialogue and alterity; Semiotic materiality; Globalization and the trap of identity; Human rights and rights of the other: for a new humanism; Ethics; The World; Outside the subject; Responsibility and Substitution; The face; Fear of the other; Alterity and justice; Justice and proximity; Literary writing; Unjust justice; Caring for the other. (shrink)

Legal systems can be metaphorically taken as semantic and pragmatic enclosures. The ancient world has given us at least three literary loci that display the self-disruptive significance of this kind of metaphor if assumed as a practical guideline in the attempt to steer human experience. The first such loci can be traced in biblical Eden; the second one in the Phaeacian garden described in Homer’s Odyssey; the third in the stories of the first and second mythical Athens included in Plato’s (...) Timaeus and Republic. In all these tales, human beings ineluctably end up straying across the semantic-spatial borders which certain categories and rules have given them to encompass their experience. All these literary loci offer both a semio-cognitive and a constitutional lesson for lawyers and sovereigns. My intention is to exploit these lessons to show that the most relevant limit of legal systems, if taken as semantic and pragmatic enclosures, consists precisely in their inability to constitutively limit themselves and their semiotic borders. This inaptitude is due, in my view, to the semiotic ‘exceedance’ of the phrastic, or descriptive parts of legal rules even more than the semantic vagueness of the values underlying their legitimacy. Any attempt to define the semantic and spatial boundaries of human experience by means of verbal enunciations implies the use of categorical schemes to define the legitimate and/or forbidden behaviors. But categorical schemes, in turn, comprise boundaries that draw protean verges between the inside and the outside of each category. The categorical ‘inside’ compellingly tends to exceed its borders so as to protrude out toward what is outside the category. In turn, the ‘outside’ shows, more often than not, continuities with the axiological/teleological patterns underpinning the semantic boundaries of legal rules. Any attempt to limit the competence/extension of law, if taken in its semantic/spatial significance, would seem to unveil what law could or should be, but is not. Relying on the above literary loci, I will try to demonstrate that this apparently contradictory implication is inherent in the dialectic between equality/universality and difference/plurality that makes up categorization itself, and thereby the semiotic prerequisites to considering any legal rule. (shrink)

What is the relationship between law and religion in the modern Western secular city? Has religion been effectively subdued by secularization, its effects limited by law? Is the law neutral in its regard and treatment of religion? Does law have any limits in this regard? How does it go about formulating the limits of the city itself, in this context? Though it would seem that historical projects of secularization intended to employ strategies to drive the religious into the private realm, (...) separating it from responsibilities deemed to belong to secular state apparatuses, I argue that these projects were never able to reach an absolute point or state of finalization. A deeper investigation of this “incompleteness” can offer a kind of analytical key to understanding why it is that conflicts between the secular and the religious persist. There is another somehow parallel incompleteness to cities themselves if we approach them from a semiotic-spatial point of view that I think strongly informs these issues. Following modern philosophers, phenomenologists and geographers in their studies of space, I take the view that space is not an entity “out there,” existing a priori, but rather a social, sensorial and ultimately semiotic construction. Like secularization itself, then, the secular city is not a “completed” entity but is rather a never-ceasing series of creations, disruptions and destructions. Understanding the religious in the secular city requires unbundling or unmasking its apparent material evidence to see how it is lived, and how it too creates, disrupts, destructs and resurges, eventually. The law of the secular city must engage the secular and the religious even as they fail to keep still. It may, however, have a strategic advantage in its own mutability, in the power of its semantic flexibility. The essay will attempt to show how the very mobility and changeability of law and its objects, once acknowledged, or brought to light, can empower processes of discomposition that trigger categorical shifts resulting in new outcomes to conflicts. In this way, the spatial limits of law could perhaps transform into unlimited possibilities for the agency of “secular” citizens. (shrink)