Suchergebnisse

The book approaches law from the legal-linguistic perspective. Its aim is to clarify the processes in which the meaning of law emerges in legal discourses. In order to enable the understanding of law as a discursive practice, professional and non-professional discourses are analyzed. With this aim in mind, the author focuses on the epistemological consequences of the discursiveness of law. Other relevant legal-linguistic operations such as legal interpretation or legal translation are scrutinized in terms of their theoretical prerequisites and their practical consequences. Their analysis also

An effective legal communication is one in which the recipient not only receives and comprehends the message addressed to him, but also responds with acceptance or rejection by engaging in a particular behavior. The media's function as interpreters in the information flow between institutions and society is seen here, as well as vice versa. What are the most typical issues with comprehending and expressing legal terms, and do they succeed in realizing this function of theirs?

Based on fieldwork interviews conducted in 2015–16 with lesbian, gay, bisexual, and queer-identified individuals who are from or living in small towns and rural communities in Croatia, this article draws from the personal experiences of these individuals and the ways in which they describe negotiating sexual difference, discrimination, and homophobia in their communities. This analysis reflects on the importance of locating antidiscrimination legal mechanisms in local contexts to assess the degree to which such an approach can address institutional and systemic discrimination based on sexual difference. The article explores how small town and rural contexts can raise specific concerns about the efficacy of antidiscrimination legislation as it has been developed in the EU and Croatia, and calls into question the neoliberal, individualist, and reactive legislative approach to the protection of sexual human rights. Finally, the article analyzes a recent survey/research on discrimination in the workplace that was conducted as a collaborative effort between several LGBTI and human rights organizations in Croatia and how these strategies can (re)produce neoliberal discourses of market incentives and diversity management in the workplace rather than address the structural inequalities that produce and enable discrimination.

For Muslim jurists, the right to rule the Muslim community was not just a constitutional issue but also it was deeply rooted in the worldview derived from the faith of the Muslim community. Several verses of the Qur'an and traditions of the Prophet (peace be on him) prohibit mischief and disorder and make it obligatory on Muslims to enjoin good andforbid evil. These verses are used both by government forces and rebels to justify their position. As Muslim history records several events of rebellion and civil wars in the every early stage and the Companions of the Prophet differently conducted themselves during these conflicts– such as obedience to authority, passive non-compliance with the unlawful commands of the rulers, pacific efforts to bring positive change in the system and forceful removal of the unjust ruler or replacing the unjust system – the Muslim heritage shows a rich variety of approaches towards the issue of resistance and revolt against an unjust ruler. This renders the monolithic approach of Orientalists untenable as they preached that Muslim jurists generally adopted the approach of passive obedience to usurpers.

This article deals with the conception of causation in legal discourse. Authors firstly examine causation in the scientific, philosophical and common-sense discourse. Does it make sense to use general causal terms when examining causality in law? We can ask whether legal causality isn´t only artificial construct, legal fiction of a causal relationship. Some authors claim that legal causation is not essentially a causation in the true common sense and thus only a pragmatic political decision regarding the application of distributive and corrective justice, and economic evaluation of benefits in society, others on the contrary point out that causality in law as such is equal to its common everyday use or even in the scientific sense. What are the criteria in the legal sense that lead us to judge that certain event causes harm? Which issues relevant to philosophical discourse may be in legal discourse ignored as irrelevant? The authors show the necessary connection between terms causality in different branches although they conclude that causality is pluralistic concept. The issue of this article is to find out solution for causal connection in particular paradigmatic cases and set up some causal formulas that could be used in legal practice.

In the years 2016-2018 a number of protests conducted by the Indigenous peoples of Canada against the controversial expansion of the Kinder Morgan pipeline was framed in the Canadian news discourse as a conflict involving the First Nations, the federal government and the provincial government of Alberta. The dispute over pipeline regulations, environmental risks and Indigenous land rights saw First Nations peoples arguing against the government of Canada and the government of Alberta as the new expansion would further aggravate water and air pollution on Indigenous sacred lands; while the Liberal Party's leader and PM, Justin Trudeau, had promised to make environmental assessment credible again, the government approved plans to build pipelines on lands whose ownership is still hotly contested. Based on the assumption that the media acts as a proxy for personal contact with the legal system and that legal language plays an important role in the construction, interpretation, negotiation and implementation of legal justice, the present paper intends to investigate the mediatization of Indigenous Law, i.e. the construction and dissemination of legal knowledge on Indigenous land rights in online news discourse for global consumption. ; In the years 2016-2018 a number of protests conducted by the Indigenous peoples of Canada against the controversial expansion of the Kinder Morgan pipeline was framed in the Canadian news discourse as a conflict involving the First Nations, the federal government and the provincial government of Alberta. The dispute over pipeline regulations, environmental risks and Indigenous land rights saw First Nations peoples arguing against the government of Canada and the government of Alberta as the new expansion would further aggravate water and air pollution on Indigenous sacred lands; while the Liberal Party's leader and PM, Justin Trudeau, had promised to make environmental assessment credible again, the government approved plans to build pipelines on lands whose ownership is still hotly contested. Based on the assumption that the media acts as a proxy for personal contact with the legal system and that legal language plays an important role in the construction, interpretation, negotiation and implementation of legal justice, the present paper intends to investigate the mediatization of Indigenous Law, i.e. the construction and dissemination of legal knowledge on Indigenous land rights in online news discourse for global consumption.