Absent Witnesses and the U.K. Supreme Court: Judicial Deference as Judicial Dialogue?

This article analyses the position of absent witness evidence under the UK Criminal Justice Act 2003 after significant European and domestic case law on the topic. It argues that flexibility in the hearsay regime under the 2003 Act and a permissive approach by appellate courts has increased the potential for fair trial violations in recent years. Moreover, the UK Supreme Court decision in R v Horncastle preserves domestic courts’ authority to determine the meaning of European rights and selectively defer to Parliament. This area of the law demonstrates the scope that the domestic system retains for divergence from European standards.

Discourse and Text

This article discusses tense and aspect in the context of attested forms of discourse and text. The emphasis is on the semantic, pragmatic, textual, and stylistic functions of tense in context, taking into account linguistic features in the surrounding discourse, as well as the importance of factors such as medium (spoken or written), register (degree of formality), text type (literary vs. journalistic vs. conversational etc.), and discourse mode (narrative vs. report vs. description, etc.). Thus, tense and aspect are analyzed not purely as part of a linguistic “system” as such, but in the context of particular texts or forms of discourse. The article also explores the concept of “markedness” through two case studies: the narrative present and the narrative imperfect. Finally, it assesses the roles played by tenses in conveying particular points of view in texts, including shifts and/or ambiguities in point of view; Segmented Discourse Representation Theory; internal focalization and the French imperfective past tense; and textual polyphony.

'Law of their own': notes on legal alterity in early nineteenth-century Ireland

This article investigates intersections between legal and literary discourse in Ireland in the early 19th century, and explores how judicial tropes, in particular that of an “alternative judiciary”, shape perceptions of Irish identity as well as cultural expression. Whilst Ireland and the Irish were typically characterized as lawless, this article examines the ubiquitous presence of alternative legal systems, focusing on the writings of Thomas Moore (1779–1852) and William Carleton (1794–1869). These representations, and the questions of authority and legitimacy that they provoke, are considered within critical debates about the development of literary forms in Ireland, and the inherent relationship that legal alterity evokes between textual and judicial authority.

Music, Magic, and the Mythic: The Dynamics of Visual and Aural Discourse in Souleymane Cissé’s Yeelen

The 1980s saw a wave of African films that aimed to represent, on both local and international screens, a sophisticated pre-colonial Africa, thus debunking notions of the continent as primitive. Toward this aim the films inscribed the conventions of oral performance within their visual styles, denying spectator identification with the protagonists and emphasising the presence of the narrator. However, some critics argued that these films exoticised Africa, while their use of oral performance’s distancing effect echoed the ‘scientific’ distance structured by the ethnographic film, in which African societies were represented as ‘the other’. Souleymane Cissé’s Yeelen exemplifies this tension, transposing into cinematic form oral storytelling techniques in the depiction of a power struggle within the covert cult of the komo, a Bambara initiation society unfamiliar to most non-Bambara viewers. This paper demonstrates how the film negotiates this tension via music, which interpellates the international spectator by eliciting a greater identification with the protagonists than that determined at a visual level, while encoding a verisimilitude to rituals that may otherwise be read as the superstitious practices of ‘the other’. In this way, music and image in Yeelen operate as parallel, though often overlapping, discourses, bridging the gap between the film’s culturally specific narrative and formal components, and its international spectators.