This article by Juri Lotman from the third volume of Trudy po znakovym sistemam (Sign Systems Studies) in 1967, deals with the problem of artistic modelling. The general working questions are whether art displays any characteristic traits that are common for all modelling systems and which could be the specific traits that can distinguish art from other modelling systems. Art is seen as a secondary modelling system, more precisely, as a play-type model, which is characterised simultaneously by practical and (...) conventional behaviour and constant awareness of the possibility of alternate meanings to the one that is currently being perceived. At the same time art has play-like elements but is not the same as play, since play is inherently rule-bound, whereas art is a more flexible model thepurpose of which is truth. Art is a special type of modelling system, since it is on one hand suitable for storing very large amount of complex information, but onthe other hand it can increase the stored information and transform the consumer. (shrink)

This article, first published in Russian in 1984 in Sign Systems Studies, introduces the concept of semiosphere and describes its principal attributes. Semiosphere is the semiotic space, outside of which semiosis cannot exist. The ensemble of semiotic formations functionally precedes the singular isolated language and becomes a condition for the existence of the latter. Without the semiosphere, language not only does not function, it does not exist. The division between the core and the periphery is a law of the internal (...) organisation of the semiosphere. There exists boundary between the semiosphere and the non- or extra-semiotic space that surrounds it. The semiotic border is represented by the sum of bilingual translatable “filters”, passing through which the text is translated into another language (or languages), situated outside the given semiosphere. The levels of the semiosphere comprise an inter-connected group of semiospheres, each of them being simultaneously both participant in the dialogue (as part of the semiosphere) and the space of dialogue (the semiosphere as a whole). (shrink)

Should we be worried that the concept of trust is increasingly used when we assess non-human agents and artefacts, say robots and AI systems? Whilst some authors have developed explanations of the concept of trust with a view to accounting for trust in AI systems and other non-agents, others have rejected the idea that we should extend trust in this way. The article advances this debate by bringing insights from conceptual engineering to bear on this issue. After setting up a (...) target concept of trust in terms of four functional desiderata (trust-reliance distinction, explanatory strength, tracking affective responses, and accounting for distrust), I analyze how agential vs. non-agential accounts can satisfy these. A final section investigates how ‘non-ideal’ circumstances—that is, circumstances where the manifest and operative concept use diverge amongst concept users—affect our choice about which rendering of trust is to be preferred. I suggest that some prominent arguments against extending the language of trust to non-agents are not decisive and reflect on an important oversight in the current debate, namely a failure to address how narrower, agent-centred accounts curtail our ability to distrust non-agents. (shrink)

Juri Lotman. Mask in an artistic world of Gogol, and the masks of Anatoli Kaplan. The paper deals with an intersemiotic problem — how it is possible to represent a verbal image by the means of sculpture. It was written as an afterword for a German edition of N. Gogol’s Dead Souls (illustrated by photos on mask-sculpures by Anatoli Kaplan) thus using a style meant for general reader. However, it includes a deep analysis and several important conclusions about the fancy (...) worlds of Gogol and Kaplan, and about the possibilities to create connections between them. It is stressed that the very artistic illustration is possible only due to its independence, due to the subjective seeing of the author. (shrink)

Juri Lotman. Mask in an artistic world of Gogol, and the masks of Anatoli Kaplan. The paper deals with an intersemiotic problem — how it is possible to represent a verbal image by the means of sculpture. It was written as an afterword for a German edition of N. Gogol’s Dead Souls (illustrated by photos on mask-sculpures by Anatoli Kaplan) thus using a style meant for general reader. However, it includes a deep analysis and several important conclusions about the fancy (...) worlds of Gogol and Kaplan, and about the possibilities to create connections between them. It is stressed that the very artistic illustration is possible only due to its independence, due to the subjective seeing of the author. (shrink)

The scientificity of the research should be evaluated according to the methodology used in the study. However, these are usually the research areas or the institutions that are classified as scientific or non-scientific. Because of various reasons, it may turn out that the scientific institutions are not producing science, while the “non-scientists” are doing real science. In the extreme case, the official science system is entirely corrupt, consisting of fraudsters, while the real scientists have been expelled from academic institutions. (...) Since 2016-2017, there has been much talk about the “post-truth era” and the politicians who are “denying science”. However, simultaneously, many complaints about the corruption of science appeared. The outsider cannot tell who is telling the truth as it may be the case that the science fraudsters are defending themselves and these politicians are aware of the corruption. It is also untrue that the censoring or suppression of science started from 2016-2017. Suppression of science because of political and ideological reasons was present already long ago, and during the last few years, it has been increasing. The picture is highly complicated as there are many pretenders, false accusations, etc. For example, because of political reasons, someone may be set up as a pseudoscientist, the real scientist may be expelled using political accusations, justified criticism may be labelled as political pressure, etc. There is something like an inner information war ongoing in and around science. The classical philosophy of science seems unable to handle it because every formal rule can be misapplied. Science, as a whole, may be unable to persist. (shrink)

This study introduces a music therapy project for young offenders through community collaboration and its efficacy through a mixed method. The project called Young & Great Music is carried out via collaboration among three parties, which are the educational institution, the district prosecutor’s office, and corporate sponsor, forming a tripartite networking system. In this paper, we present an efficacy evaluation of the project’s implementation with 178 adolescents involved with the juvenile justice system: 115 youth was on suspension of (...) indictment and 63 youth was under supervised probation. Quantitative and qualitative measures were collected and analyzed to examine the efficacy of the project. The music therapy program was developed for 15 sessions based on the use of music to prompt positive resources through music making and song writing. The efficacy was examined using three scales; self-concept, resilience, and stress coping skills. The paired t-test showed that there were significant improvement in all three scales respectively. In order to examine the group difference between suspended indictment and supervised probation groups, Welch–Aspin t-test was conducted due to unequal variance of the group. Results showed there was a significant group difference in self-concept and resilience. The study further examined participant’s experience of music and perceived benefits. Twenty participants had in-depth interviews about their music therapy experience which were recorded, transcribed and analyzed. Of the 109 statements derived from a qualitative content analysis of the interview transcripts, music making and song writing was repeatedly reported as helpful in gaining “new perspectives,” “courage to challenge and pursuit,” “perseverance,” and “self-acknowledgment.” The positive result of the study showed that the collaborative networking of regional and social resource to support for adolescents at-risk was successful. The results of this project are promising and suggest that other arts-based rehabilitation services and programs should be developed and implemented in juvenile justice system. For this, strategies for program sustainability for long-term facilitation are needed. (shrink)

Articulate language is a form of communication unique to humans. Over time, a spectrum of researchers has proposed various frameworks attempting to explain the evolutionary acquisition of this distinctive human attribute, some deploring the apparent lack of direct evidence elucidating the phenomenon, whilst others have pointed to the contributions of palaeoanthropology, the social brain hypothesis and the fact that even amongst contemporary humans, social group sizes reflect brain size. Theologians have traditionally ignored evolutionary insights as an explanatory paradigm for the (...) origin of humankind. However, an increasing number are, of late, contributing to a worldview of humanity which accommodates both the epistemological realities of evolutionary biology as well as insights from theology. This includes reviewing and assessing the origins of articulate language and the physiological attributes necessary for its development. It is in this sense that the evolution of language is relevant from a theological perspective. The association between mental capacity and articulate language, already noted by Darwin, is relevant in explaining the larger group sizes found amongst humans, as is the incipient role played by the evolution of laughter in triggering the neuroendocrine system promoting bonding, to the eventual development of articulate language. Our aim is to review a selection of contemporary perspectives on the evolution of language, amongst others, reasons for the ease with which young children acquire language competency, and whether we may be hardwired for language from birth. Further reading is suggested in the footnotes.Contribution: This article is part of a special collection reflecting on the evolutionary building blocks of our past, present and future. It is based on historical thought and contemporary research with regards to the evolutionary emergence of language. It fits well with the intersectional and trans-disciplinary nature of this collection and journal. (shrink)

Reason Curve, Jury Competence, and the English Criminal Justice System, a cross-jurisdictional and cross-disciplinary book, seeks to stimulate discussion and extend the debate in the area of criminal trials in light of the absence of an articulated explanation for a verdict. The book traces the history and development of the jury, from the Carolingian kings, its advancement in the English Courts following papal intervention, the impact of the Magna Carta, to its general use, current curtailment in England (...) and Wales, and re-emergence in Continental Europe. Central to the book's submission is the dictum that the jurors' franchise to deliver a cryptic verdict is 'a matter between them and their conscience... (shrink)

Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone with that of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the (...) criminal trial process. (shrink)

Trial by jury is a fundamental feature of democratic governance. But what form should jury decision-making take? I argue against the status quo system in which juries are encouraged and even required to engage in group deliberation as a means to reaching a decision. Jury deliberation is problematic for both theoretical and empirical reasons. On the theoretical front, deliberation destroys the independence of jurors’ judgments that is needed for certain attractive theoretical results. On the empirical front, (...) we have evidence from both legal and non-legal contexts that group deliberation often leads to group judgments that are worse in a number of respects than judgments generated by non-interactional methods of judgment aggregation. Finally, I examine some possible alternatives to free-wheeling jury deliberation, including the constrained and structured deliberation embodied in the DELPHI method, voting, and averaging of probabilistic judgments. (shrink)

McCullough et al. propose an evolved cognitive revenge system which imposes retaliatory costs on aggressors. They distinguish between this and other forms of punishment (e.g., those administered by judges) which are not underpinned by a specifically designed evolutionary mechanism. Here we outline mechanisms and circumstances through which the revenge system might nonetheless infiltrate decision-making within the criminal justice system.

Jury nullification, that phenomenon whereby a jury returns a not-guilty verdict for a defendant it believes to be technically guilty of the alleged crime, is, obviously, a controversial issue. What is not a matter of controversy, however, is the fact that the law protects the jury’s ability to behave this way. Much of the controversy therefore centers on whether juries ought to be informed of this ability to nullify free from legal redress. In this paper I examine (...) a number of arguments both for and against the view that juries ought to be, in the words of the literature, fully informed. In the end I conclude that there is significant empirical evidence to suggest that, rather than simply promoting justice and mercy, as proponents of the instruction argue, fully informing a jury has the unforeseen consequence of encouraging juries to behave in a manner I label bad-faith, and that such bad-faith juries in fact corrupt the principles of justice and fairness that are the cornerstones of the trial system. (shrink)

Jury nullification, in its simplest definition, occurs when a jury returns a not guilty verdict for a defendant it believes to be legally guilty of the crime charged. To put this explicitly, a jury nullifies when, despite believing both a) that the defendant did, beyond a reasonable doubt, commit the act/omission in question, and b) that such behavior is, in fact, prohibited by law, nevertheless declares the defendant innocent. This book explores the specifically philosophical aspects of the (...) phenomenon. Is jury nullification a right? A power? A mere ability? A privilege? A pernicious form of juror malfeasance? Is a system that allows for jury nullification more, or less just, than one that does not? -/- This important book fills a gap in the current scholarship around jury nullification, which, for the most part, has been confined to purely doctrinal analyses, rather than the broader ethical, social, political, and philosophical contours of this issue. (shrink)

Juri Lotman’s well-known distinction of primary modeling system versus secondary modeling system is a lasting legacy of his that has been adhered to, modified, and refuted by semioticians of culture and nature. Adherence aside, modifications and refutations have focused on the issue whether or not language is a primary modeling system, and, if not, what alternatives can be made available to replace it. As Sebeok would concur, for both biosemiosis and anthroposemiosis, language can only be a secondary (...) modeling system on top of the biological experience of Umwelt or human sensory system. This paper proposes to explore the possibility of a “preverbal” modeling system suggested by Lotman’s spatial concept of semiosphere, and discuss its implications in cross-cultural dialogue. (shrink)

Background Outbreaks of infectious disease cause serious and costly health and social problems. Two new technologies – pathogen whole genome sequencing and Big Data analytics – promise to improve our capacity to detect and control outbreaks earlier, saving lives and resources. However, routinely using these technologies to capture more detailed and specific personal information could be perceived as intrusive and a threat to privacy. Method Four community juries were convened in two demographically different Sydney municipalities and two regional cities in (...) New South Wales, Australia to elicit the views of well-informed community members on the acceptability and legitimacy of: making pathogen WGS and linked administrative data available for public health researchusing this information in concert with data linkage and machine learning to enhance communicable disease surveillance systems Fifty participants of diverse backgrounds, mixed genders and ages were recruited by random-digit-dialling and topic-blinded social-media advertising. Each jury was presented with balanced factual evidence supporting different expert perspectives on the potential benefits and costs of technologically enhanced public health research and communicable disease surveillance and given the opportunity to question experts. Results Almost all jurors supported data linkage and WGS on routinely collected patient isolates for the purposes of public health research, provided standard de-identification practices were applied. However, allowing this information to be operationalised as a syndromic surveillance system was highly contentious with three juries voting in favour, and one against by narrow margins. For those in favour, support depended on several conditions related to system oversight and security being met. Those against were concerned about loss of privacy and did not trust Australian governments to run secure and effective systems. Conclusions Participants across all four events strongly supported the introduction of data linkage and pathogenomics to public health research under current research governance structures. Combining pathogen WGS with event-based data surveillance systems, however, is likely to be controversial because of a lack of public trust, even when the potential public health benefits are clear. Any suggestion of private sector involvement or commercialisation of WGS or surveillance data was unanimously rejected. (shrink)

Juri Lotman’s well-known distinction of primary modeling system versus secondary modeling system is a lasting legacy of his that has been adhered to, modified, and refuted by semioticians of culture and nature. Adherence aside, modifications and refutations have focused on the issue whether or not language is a primary modeling system, and, if not, what alternatives can be made available to replace it. As Sebeok would concur, for both biosemiosis and anthroposemiosis, language can only be a secondary (...) modeling system on top of the biological experience of Umwelt or human sensory system. This paper proposes to explore the possibility of a “preverbal” modeling system suggested by Lotman’s spatial concept of semiosphere, and discuss its implications in cross-cultural dialogue. (shrink)

This paper seeks to shed light on an unwritten chapter in the history of Tartu semiotics, that is, to draw a parallel between Juri Lotman and Emile Benvenisteon the status of natural language among other systems of signs. The tenet that language works as a ‘primary modelling system’ represents one of the trademarksof the Tartu-Moscow school. For Lotman, the primacy assigned to natural language in respect to other systems of signs lied in the fact that the former functions as (...) a ‘model’ for the latter thus regarded as ‘secondary modelling systems’. Yet how does language carry out its function of being a model for other sign systems? Is language the only primary modelling system? This paper seeks to foster the abovementioned claim of the primacy of natural language and argues that this issue deserves a closer inspection. In order to follow this route, it suggests a parallel between Lotman and Benveniste arguing that there exist several points in common that lead to a convergence of positions between these two remarkable scholars. The paper explores such a possibility, arguing that Lotman’s and Benveniste’s positions open up an interesting debate with specific reference to the relations laid down between language and other system of signs. (shrink)

Prior studies have shown a general preference among citizens for juries over judges. Researchers, however, have not considered whether race and ethnicity modify this preference. We hypothesized that minorities (African-Americans, Hispanics), who generally express less trust in the legal system, may also express less trust in juries than non-Hispanic whites. We asked a representative sample of 1,465 residents of Texas to state whether they would prefer a jury or a judge to be the decision maker in four hypothetical (...) circumstances. Consistent with expectations, non-Hispanic whites favored juries over judges, particularly if they imagined themselves as a defendant in a criminal trial. By comparison, although African-Americans and some Hispanics generally favored juries, they showed a much weaker set of jury preferences. African Americans had markedly lower support for the civil jury, but support was higher among minorities with prior jury service. Among Hispanics, respondents who took the survey in Spanish typically preferred a judge to make legal decisions. We consider the implications of our findings for trust in the jury system and trust in community members as decision makers. (shrink)

The concept of Homo economicus, one of the major foundations of neoclassical economics and a subset of the ideology of laisser-faire capitalism. was recently charged and tried in the island high court. Using the island’s virtual jury system for the first time, the accused was tried before a jury of three — Plato, Schopenhauer and feminist economists — chosen by him while under a veil of ignorance of the charge. All three returned guilty verdicts. Plato’s was prescriptive: (...) ‘One ought not to be like Homo economicus’. Schopenhauer’s verdict was descriptive: ‘Human nature is not Homo economicus’. The feminist verdict was both. Following the trial — described as a thought experiment — the island’s resident philosopher put forward two claims: (a) Neoclassical economists base their theories on a deficient depiction of humankind (descriptive misconception) a claim supported by a witness expert in experimental economics; (b) The depiction holds a dominant but unjustified position in various discourses such as welfare state debates because it is promoted by a small but highly influential group of economically privileged, universityeducated whites, namely graduates of economics, a claim supported by the sociology expert witness. (shrink)

Citizens' juries are commended as a new technique for democratising health service reviews. Their usefulness is said to derive from a reliance on citizens' rational deliberation rather than on the immediate preferences of the consumer. The author questions the assertion of critical detachment and asks whether juries do in fact employ reason as a means of resolving fundamental disagreements about service provision. He shows that juries promote not so much a critically detached point of view as a particular evaluative framework (...) suited to the bureaucratic idiom of social welfare maximisation. Reports of jury practice reveal a tendency among juries to suppress by non-rational means the everyday moral language of health care evaluation and substitute for it a system of thought in which it can be deemed permissible to deny treatment to sick people. The author concludes that juries are chiefly concerned with non-rational persuasion and because of this they are morally and democratically irrelevant. Juries are no substitute for voting when it comes to protecting the public from zealous minorities. (shrink)

The purpose of this paper is to illustrate, formally, an ambiguity in the exercise of political influence. To wit: A voter might exert influence with an eye toward maximizing the probability that the political system (1) obtains the correct (e.g. just) outcome, or (2) obtains the outcome that he judges to be correct (just). And these are two very different things. A variant of Condorcet's Jury Theorem which incorporates the effect of influence on group competence and interdependence is (...) developed. Analytic and numerical results are obtained, the most important of which is that it is never optimal--from the point-of-view of collective accuracy--for a voter to exert influence without limit. He ought to either refrain from influencing other voters or else exert a finite amount of influence, depending on circumstance. Philosophical lessons are drawn from the model, to include a solution to Wollheim's "Paradox in the Theory of Democracy". (shrink)

In the framework of the theory of the semiosphere elaborated by Juri Lotman in the 1980s, the notion of translation acquires a new, broadened meaning and is used to describe a general mechanism of cultural dynamics. This is a direct consequence of the understanding of the semiosphere as a “continuum of semiotic systems” of which heterogeneity and polyglotism are constitutive features. If the “smallest functioning semiotic mechanism” is not an isolated system, but always a (at least) binary system, (...) translation will play a central role in communication not only between different cultures, but also within every single culture.The article focuses on the different places of translation within the semiosphere as a system of systems and its relations to the notion of border. It argues that in Lotman’s theory, translation can function both as a homogenizing and a heterogenizing semiotic force, depending on its position at the center or the periphery of a given semiotic system. The first part of the article develops a theoretical argument on the relation between translation processes and cultural borders, which acquire different meanings and functions within Lotman’s theory of the semiosphere corresponding to differently oriented kinds of translation. The second part of the article develops a close analysis of Giacomo Leopardi’s poem “L’Infinito,” where the tension and dialogue between the different functions of the Lotmanian borders and the different kinds of cultural translation become devices for the generation of new meanings. Finally, the article briefly considers the significance of Lotman’s semiospheric understanding of the relation between borders and translation for contemporary translation and border studies. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for the (...) institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

Does it matter that almost all juries in England and Wales are all-White? Does it matter even if this result is the unintended and undesired result of otherwise acceptable ways of choosing juries? Finally, does it matter that almost all juries are all-White if this has no adverse effect on the treatment of non-White defendants and victims of crime? According to Cheryl Thomas, there is no injustice in a system of jury selection which predictably results in juries with (...) no minority members so long as this result is not deliberate, and does not adversely affect the treatment of minority defendants and victims of crime. My view is different. In and of itself, I believe, something is wrong with a system of jury selection that predictably results in all-White juries in a diverse society, such as our own. Absent reason to believe that we lack a better alternative to current modes of jury selection, a commitment to democratic government and to the equality of citizens – or so I will argue – condemns existing arrangements as unjust, whether or not they have adverse effects on jury decisions, or on the ways in which our society approaches issues of race and crime. (shrink)

The proliferation of criminal laws in different legal systems has made legal practitioners and scholars deliberate upon the present day relevance of old age principles and concepts. The maxim ignorantia juris non excusat (ignorantia juris hereinafter) also falls in this category. The application of criminal law is said to rest on the maxim ignorantia juris, meaning ignorance of law is no excuse. The application of the maxim has from time immemorial been defended on grounds of convenience, utility, and community interests. (...) At the same time it has been challenged on grounds of legality and morality. The application of the maximin criminal matters is secured through penal laws. These laws are further validated through judicial pronouncements. Penal statutes and judicial pronouncements have largely been the basis to determine the exceptions and scope of the maxim. -/- Breaking it down to a single case in hand, several factors come into picture including the nature of the crime in question, the mental state of the person accused, the conduct of the accused person, the objective or public utility of the criminal legislation or provision, and the reasons or justifications offered for its rigid or qualified application. The single case is viewed in light of the general provisions of criminal law of the legal system in which the case is being tried. The uniqueness of each case and the criminal statutes of legal systems make it both complex and conducive to generalize or conclude on the true import and application of the maxim ignorantia juris. (shrink)

This article offers a justification for the continued use of jury trials. I shall critically examine the ability of juries to render just verdicts, judicial impartiality, and judicial transparency. My contention is that the judicial system that best satisfies these values is most preferable. Of course, these three values are not the only factors relevant for consideration. Empirical evidence demonstrates that juries foster both democratic participation and public legitimation of legal decisions regarding the most serious cases. Nevertheless, juries (...) are costly and, therefore, economically less efficient than competing modes of trial. I do not argue that all human beings possess an inalienable legal right to be tried by a jury. However, it is my hope that this analysis will make clear what we might gain or lose when we propose jury reforms. (shrink)

Résumé La participation des citoyens à la justice chinoise prend la forme de la présence d’assesseurs civils ou de l’introduction, à titre expérimental, d’un jury populaire à côté des juges professionnels. Ces modalités de participation des citoyens ne changent toutefois pas la donne fondamentale de la gouvernance chinoise, car l’absence d’autonomie du droit, et d’indépendance des juges, demeurent les deux principaux obstacles à l’avènement d’un État de droit en Chine. En effet, l’instrumentalisation du droit au service d’une politique qui (...) lui est supérieure est ce qui justifie politiquement la participation des citoyens à la justice. Les remaniements du système des assesseurs et du jury populaire n’ont pas atteint l’objectif de redonner de la légitimité à l’exercice du pouvoir judiciaire en le rendant plus participatif et plus transparent. L’expérience chinoise montre que loin de diminuer le pouvoir des juges professionnels, les assesseurs et le jury populaire y restent subordonnés. Seule une évolution dans les mentalités du rapport à la vérité pourra donner tout son sens à la participation des citoyens à la justice, ce qui est crucial dans une Chine en quête de démocratie. (shrink)

This paper studies the three kinds of conservativeness in a jury decision-making structure: the voting rule, the threshold of reasonable doubt, and the legal information system. In a model of simultaneous voting, Feddersen and Pesendorfer (The American Political Science Review, 92(1), 23-35, 1998) argue that the unanimity rule is the worst-performing voting rule because voters with strategic behaviour mitigate the bias brought about by the voting rule. If this bias can be offset by an opposing (less conservative) bias (...) in the legal information system, we would be able to restore the rationality of informative voting. The new informative equilibrium is strictly better than the original strategic equilibrium in terms of ex post error probability. When a strategic equilibrium survives, we can lower the probability of convicted defendant being innocent by making the information system more informative or by forming a jury with a higher (more conservative) threshold of reasonable doubt. (shrink)

Résumé La participation des citoyens à la justice chinoise prend la forme de la présence d’assesseurs civils ou de l’introduction, à titre expérimental, d’un jury populaire à côté des juges professionnels. Ces modalités de participation des citoyens ne changent toutefois pas la donne fondamentale de la gouvernance chinoise, car l’absence d’autonomie du droit, et d’indépendance des juges, demeurent les deux principaux obstacles à l’avènement d’un État de droit en Chine. En effet, l’instrumentalisation du droit au service d’une politique qui (...) lui est supérieure est ce qui justifie politiquement la participation des citoyens à la justice. Les remaniements du système des assesseurs et du jury populaire n’ont pas atteint l’objectif de redonner de la légitimité à l’exercice du pouvoir judiciaire en le rendant plus participatif et plus transparent. L’expérience chinoise montre que loin de diminuer le pouvoir des juges professionnels, les assesseurs et le jury populaire y restent subordonnés. Seule une évolution dans les mentalités du rapport à la vérité pourra donner tout son sens à la participation des citoyens à la justice, ce qui est crucial dans une Chine en quête de démocratie. (shrink)

The legal system – from the jury room to the deliberations of the Supreme Court – offers an abundance of rich resources for the study and teaching of critical thinking.The courts have (often for centuries) struggled with many of the issues central to critical thinking. The courts not only provide fascinating examples and exercises for students to examine, but in many areas – the appropriate use of ad hominem arguments, the distinction between argument and testimony, the proper placing (...) of the burden of proof, the distinction between necessary and sufficient conditions, the legitimate (and fallacious) use of appeals to authority, the nature of arguments by analogy – jurists and legal scholars have analyzed these issues carefully, and their insights are of great value to anyone concerned with rigorous critical thinking. Study of those legal resources has also had an impact on my views concerning the moral responsibility system. (shrink)

The objective of the paper is to present the differences in the grounds of appeal and the appeal proceedings against judgments issued by a court composed of representatives of the public in a criminal trial at first instance. At present, citizens are allowed to adjudicate most often in one of three forms: persons adjudicating independently without the participation of a professional factor, who are not professionals in the field of law and criminal procedure (e.g. judges of the peace in the (...) common law system); a jury composed of citizens and adjudicating mostly on guilt of the accused; or lay judges adjudicating all aspects of the case in one panel together with professional judges. However, the participation of laymen in adjudication is not a prevailing rule. Many countries legal systems do not allow the citizens to co-decide in criminal cases. The paper also indicates the arguments for the democratization of the judiciary through a wider admission of citizens to participate in criminal justice. This issue has been examined on the background of three aspects of democracy: representative, deliberative and participatory. (shrink)

In this case study I argue that experts, to gain relevance in a jury trial, need to fit into a manifold division of knowing. They do so by borrowing and sharing diverse knowledges. These exchanges place the modest expert testimony right into an authoritative and powerful decision-making apparatus. This argument derives from an ethnographic study of a ‘‘sleepwalking defense.’’ The division of knowing embraces the certified facts, the instructed case, the competing expertise, and the common sense. As a conclusion, (...) I identify the experts’ twofold relevance. Experts perform the case as undecided and decidable. They provide exclusive knowledge and affirm a set of other knowledges. By ‘‘knowing’’ and ‘‘not knowing,’’ the experts perform individual modesty and systemic immodesty by the same token. (shrink)

Jurors customarily do their work with very little by way of instruction from the court, other than about the law. This suggests that they enter the jury room with the relevant cognitive and interactional tools at the ready, drawn from everyday life. This paper focuses on a specific conversational device jurors use to do their work: conditional-contrastive inculpations, whereby the defendant’s actions are compared unfavorably to what a normal, innocent person would have done, with the implication that the discrepancy (...) indicates guilt. We examine the logic, variants, sequential precursors, and immediate consequences of this phenomenon in two real-life American criminal juries deliberating the same charges. This study offers a rare glimpse into the operation of real juries, and specifically the way in which they appropriate a practice from ordinary conversation in order to perform the unordinary work demanded of them by the legal system. (shrink)

The origin of culture remains in the sphere of hypotheses. Although the hypotheses derive from two presumptions: first, how the structure of culture is envisaged, and secondly, how culture is thought to function. Juri Lotman dealt with both aspects of culture, initially the structural and typological and later the dynamic aspects. Thereby, he arrived at the culturalphilosophical hypothesis of the autocatalytic origin of culture. A catalyst is a component of a chemical reaction which itself doesn’t transform during the reaction, but (...) whose presence is needed to guarantee the reaction (or to stimulate it). Thus, autocatalysis is a paradoxical situation in which the genesis of something presumes the pre-existence of the final product. The paradox of the autocatalysis of culture lies in the fact that culture cannot emerge from anything other than from culture itself, from its own germination. In 1988, speaking about the autocatalysis of culture, Lotman refered tothe cultural historicist Nikolai I. Konrad (1891–1970), who undoubtedly borrowed this idea from Jacob Christopher Burckhardt (1818–1897). This undiscovered connection reminds us of the fact, that a model for autocatalysis (or an autopoiesis) was basic to Naturphilosophie of the 19th century. In the 20th century, this was represented by Vladimir I. Vernadsky (1863–1945), from whom Lotman in 1982 received the impetus to formulate the concept of semiosphere as well as of the autocatalysis of culture. The autocatalysis model of culture is culturally diachronical, the semiosphere is, however, a synchronical one. In both cases, the natural philosophical cytology of the 19th century was Lotman’s semiotical meta-language. (shrink)

The analysis of legal communication has almost exclusively been the domain of discourse analysts focusing on the ways that the linguistic system is used to realise legal meanings. Multimodal discourse analysis, where visual forms in combination with traditional linguistic expressions co-occur, is now also an area of expanding interest. Taking a Systemic Functional Linguistics “social semiotic” perspective, this paper applies and critiques an analytical framework that has been used for examining intersemiotic complementarity in various types of page-based multimodal texts (...) by analysing a cartoon satirizing the demands that verdict deliberations can make on a citizen jury seated in a Crown Court. While the multimodal analysis reveals that a straightforward application of this analytical framework is useful in and of itself, it is argued that the framework needs to be extended to also account for further and more complex layers of represented meaning. The analysis is also situated in the wider legal social semiotic, and draws attention to international debates on the efficacy of the jury system itself. (shrink)