Beyond Words : The European Court of Justice and Legal Certainty in Multilingual EU Law

This study addresses the issue of multilingualism in EU law. More specifically, it explores the implications of multilingualism for conceptualising legal certainty, a central principle of law both in domestic and EU legal systems. The main question addressed is how multilingualism and legal certainty may be reconciled in the EU legal system. The study begins with a discussion on the role of translation in drafting EU legislation and its implications for interpreting EU law at the European Court of Justice (ECJ). Uncertainty regarding the meaning of multilingual EU law and the interrelationship between multilingualism and ECJ methods of interpretation are explored. This analysis leads to questioning the importance of linguistic-semantic methods of interpretation, especially the role of comparing language versions for clarifying meaning and the ordinary meaning thesis, and to placing emphasis on other, especially the teleological, purpose-oriented method of interpretation. As regards the principle of legal certainty, the starting-point is a two-dimensional concept consisting of both formal and substantive elements; of predictability and acceptability. Formal legal certainty implies that laws and adjudication, in particular, must be predictable. Substantive legal certainty is related to rational acceptability of judicial decision-making placing emphasis on its acceptability to the legal community in question. Contrary to predictability that one might intuitively relate to linguistic-semantic methods of interpretation, the study suggests a new conception of legal certainty where purpose, telos, and other dynamic methods of interpretation are of particular significance for meaning construction in multilingual EU law. Accordingly, the importance of purposive, teleological interpretation as the standard doctrine of interpretation in a multilingual legal system is highlighted. The focus on rational, substantive acceptability results in emphasising discourse among legal actors among the EU legal community and stressing the need to give reasons in favour of proposed meaning in accordance with dynamic methods of interpretation including considerations related to purposes, aims, objectives and consequences. In this context, the role of ideal discourse situations and communicative action taking the form of interaction among the EU legal community in an ongoing dialogue especially in the preliminary ruling procedure is brought into focus. In order for this dialogue to function, it requires that the ECJ gives persuasive, convincing and acceptable reasons in justifying its decisions. This necessitates transparency, sincerity, and dialogue with the relevant audience.

Words as Events : Cretan Mantinádes in Performance and Composition

Words as Events introduces the tradition of short, communicative rhyming couplets, the mantinádes, which are still sung and recited in a variety of performance situations on the island of Crete. The local focus on communicative economy and artistry is further examined in an in-depth analysis of the processes and ideals of composition. Short genres of oral poetry have been widely neglected in folklore research; however, their demand for structural and semantic coherence as well as their dialogic nature appeals to very different human needs from those of the longer poems. In contemporary Crete, poems also appear in written contexts, they are submitted to modern mass media, and people widely exchange them as text messages. By striving to understand the tradition during a period of change, this study analyzes the larger principles that ground the communication, self-expression and creativity in the genre. The aim of this research is thus twofold: to present this specific register of dialogic oral poetry as well as to create a theoretical approach sensitive to the creativity of such short registers. The study is based on long-term ethnographic fieldwork conducted in Crete between the years 1997 2009. An important aspect of the methodology was to create long-term ties with a number of key-informants who composed mantinádes. The interdisciplinary theoretical and methodological basis for this analysis is in the contemporary Finnish and international research on oral poetry and on anthropological research on communicative speech genres. These theoretical insights are extended by addressing questions of spontaneity and individual agency. Since mantinádes are at the same time a model for composition and a reserve of poems in fixed form, the aesthetics and objectives of performance and composition are also plural. In a traditional singing event, the basic motivation for the singers is to provide a meaningful contribution to a selected theme, which is the shared topic of the poetic dialogue. Consequently, similar topics giving rise to poetic associations can be encountered during various moments of everyday life: the dialogic nature is embodied in the tradition to such degree that it also arises in the performances and composition of single poems and outside of any institutionalized performance arenas. Therefore, as this study discusses in detail, even the apparently non-contextualized poems recited between locals or occurring in the contemporary mass media arenas, are understood and evaluated as utterances that provide an individual perspective within a certain dialogue.

Strategy as text and discursive practice: A genre-based approach to strategizing in City Administration

Despite the acknowledged importance of strategic planning in business and other organizations, there are few studies focusing on strategy texts and the related processes of their production and consumption. In this paper, we attempt to partially fill this research gap by examining the institutionalized aspects of strategy discourse: what strategy is as genre. Combining textual analysis and analysis of conversation, the article focuses on the official strategy of the City of Lahti in Finland. Our analysis shows how specific communicative purposes and lexico-grammatical features characterize the genre of strategy and how the actual negotiations over strategy text involve particular kinds of intersubjectivity and intertextuality.

Conditionally One of 'Us' : A Study of Print Media, Minorities and Positioning Practices

This study deals with how ethnic minorities and immigrants are portrayed in the Finnish print media. The study also asks how media users of various ethnocultural backgrounds make sense of these mediated stories. A more general objective is to elucidate negotiations of belonging and positioning practices in an increasingly complex society. The empirical part of the study is based on content analysis and qualitative close reading of 1,782 articles in five newspapers (Hufvudstadsbladet, Vasabladet, Helsingin Sanomat, Iltalehti and Ilta-Sanomat) during various research periods between 1999 and 2007. Four case studies on print media content are followed up by a focus group study involving 33 newspaper readers of Bosnian, Somalian, Russian, and 'native' Finnish backgrounds. The study draws from different academic and intellectual traditions; mainly media and communication studies, sociology and social psychology. The main theoretical framework employed is positioning theory, as developed by Rom Harré and others. Building on this perspective, situational self-positioning, positioning by others, and media positioning are seen as central practices in the negotiation of belonging. In support of contemporary developments in social sciences, some of these negotiations are seen as occurring in a network type of communicative space. In this space, the media form one of the most powerful institutions in constructing, distributing and legitimising values and ideas of who belongs to 'us', and who does not. The notion of positioning always involves an exclusionary potential. This thesis joins scholars who assert that in order to understand inclusionary and exclusionary mechanisms, the theoretical starting point must be a recognition of a decent and non-humiliating society. When key insights are distilled from the five empirical cases and related to the main theories, one of the major arguments put forward is that the media were first and foremost concerned with a minority actor's rightful or unlawful belonging to the Finnish welfare system. However, in some cases persistent stereotypes concerning some immigrant groups' motivation to work, pay taxes and therefore contribute are so strong that a general idea of individualism is forgotten in favour of racialised and stagnated views. Discussants of immigrant background also claim that the positions provided for minority actors in the media are not easy to identify with; categories are too narrow, journalists are biased, the reporting is simplifying and carries labelling potential. Hence, although the will for the communicative space to be more diverse and inclusive exists — and has also in many cases been articulated in charters, acts and codes — the positioning of ethnic minorities and immigrants differs significantly from the ideal.

Asemakaavoitus Helsingin seudun kasvun hallinnassa

Many Finnish municipalities need to control their growth. In this research growth is understood as developments of land utilisation and also as a wide range of other changes that have mainly ap-peared as a result of a long term growth in population. The development growth control contains four areas: 1. adequate productivity of town planning, 2. stationing the growth to needs led and for sustainable developments, 3. quality of the developing environment, and 4. producing growth with communicative and transparent process. The aim of the research is to represent connection between town planning and development growth control. Research defines the role of town planning in the municipalities development growth control. In addition research focuses on links between town planning and development growth control in history, present and in the development work for the future. According to the hypothesis the extensive examination of town planning enables better growth control and promotes appropriate response to municipal changes regarding housing delivery. As an example there are five outskirt municipalities in the Helsinki region. They are called Kirkkonummi, Vihti, Nurmijärvi, Tuusula and Sipoo. The decision was to use examples based on a contingence theory. According to the theory there is no one correct way to operate. Therefore development should be based on individual municipal needs. In the research, municipality s needs were collected by 20 semi- structured interviews from municipal officials. In addition there were group interviews in Uusimaa Regional Council and in Uusimaa Regional Environmental Centre. There was also secondary material collected from official papers and statistics. Operationalisation was the analysis tool between empiric and literature reviews. The role of town planning has evolved during the 20th century from a more simple town plan level to operative stage in town planning hierarchy. Outskirt municipalities town planning was established during the 1960s. Since then one of the most important aims in the town planning has been to produce growth and building possibilities. Currently the challenge is to reach the satisfying rate of productivity and to meet increased housing demand. Other challenges include locating the appropriate geographical areas for growth; and the balance between required developments and planning permission decisions. Findings concluded that town planning should be more viable and it should have better ability to co-operate and operate in the changing operational environment. Municipality s ability to receive growth can increase and growth control can advance by planned and workable town planning. It is essential to take wide perspective of the each municipality's unique needs to improve productivity rather than to focus simply on productivity.

Asukkaan Helsinki? : Tapaustutkimus vuorovaikutteisuudesta kaupunkisuunnittelussa

This study examines the interaction between inhabitants and urban planning. In addition to traditional methods of participation there can be seen an increasing need to find new channels and means to influence on one´s environment. Hearing of inhabitants during planning is hoped to decrease the amount of claims and this way to speed up the planning process. Discussion that emphasizes competitiveness and innovativeness in planning has brought out the role of inhabitants as selective consumers and end users. This extension of civil perspective completes the thought of participation in city planning and adds the pressure on developing the interaction and user orientation. The aim of the study is to point out the present situation of inhabitant´s participation and influencing in Helsinki. Helsinki City Planning Department opened a new information and exhibiotion hall called Laituri in 2008. Laituri provides the latest information about planning projects in Helsinki and temporary exhibitions as well as it operates as communication channel and information point for the department. In this study Laituri is examined as a case study of interaction between citizen and planner. The study is divided into two principal themes. The aim is to research action and interactivity at Laituri from the inhabitants´and planners´point of view. The qualitative study has inquiries, interview surveys and observation as research methods. Empiricial data of the study consists of three parts which complement each other: Laituri operational reseach, inquiry directed to the members of Laituri team and interviews of three experts. The aim is to find answers to questions like, does Laituri reach the citizens and will the opportunities to participate improve along Laituri. The study examines also how the local knowledge of inhabitants will come across to planners and further to planning. The study combines discussions of inhabitants´ influencing in Finnish society and science community. Cornerstones of the study are inhabitant participation, interaction and local knowledge in urban planning. The theory behind the study is communicative planning theory. In addition the theory consists of key concepts. The study introduces a concept of Inhabitant´s Helsinki, which reflects the inhabitant as customer-citizen who is an active product developer in participative urban planning. According to the research results the experts of Laituri and majority of inhabitants in Helsinki experience that the inhabitant´s possibilities to participate will improve along Laituri. However half of the citizens in Helsinki believe that local knowledge and ideas will only have minor impact on the final plan. According to city dwellers the present practise used by Helsinki City Planning Department supports only partially adequate interaction. The experts of Laituri experience that the role of Laituri is first of all forum of communication and discussion channel instead of effective local data collector. Based on the results the study introduces a model of inhabitant´s participation field. According to the model Laituri can be seen as phenomenom in Helsinki urban planning which has the elements of network municipality. The planner is more like diplomatic trend-setter and visionary. The inhabitant of Helsinki is an expert in city living and participative producer of local knowledge. Participation methods are increasingly segmented and tailored in every plan and project. The study argues that Inhabitant´s Helsinki is a pluralistic milieu in constant pressure for change. Therefore reaching the everyday life experiencies of inhabintants should be at higher degree in Helsinki City Planning Department´s operations.

Jouko Turkan Teatterikorkeakoulun kauden yhteiskunnallinen kontekstuaalisuus vuosina 1982 - 1985

The subject of my doctoral thesis is the social contextuality of Finnish theater director, Jouko Turkka's (b. 1942) educational tenure in the Theater Academy of Finland 1982 1985. Jouko Turkka announced in the opening speech of his rectorship in 1982 that Finnish society had undergone a social shift into a new cultural age, and that actors needed new facilities like capacity, flexibility, and ability for renewal in their work. My sociological research reveals that Turkka adapted cultural practices and norms of new capitalism and new liberalism, and built a performance environment for actors' educational work, a real life simulation of a new capitalist workplace. Actors educational praxis became a cultural performance, a media spectacle. Turkka's tenure became the most commented upon and discussed era in Finnish postwar theater history. The sociological method of my thesis is to compare information of sociological research literature about new capitalist work, and Turkka's educational theater work. In regard to the conceptions of legitimation, time, dynamics, knowledge, and social narrative consubstantial changes occurred simultaneously in both contexts of workplace. I adapt systems and chaos theory's concepts and modules when researching how a theatrical performance self-organizes in a complex social space and the space of Information. Ilya Prigogine's chaos theoretic concept, fluctuation, is the central social and aesthetic concept of my thesis. The chaos theoretic conception of the world was reflected in actors' pedagogy and organizational renewals: the state of far from equilibrium was the prerequisite of creativity and progress. I interpret the social and theater's aesthetical fluctuations as the cultural metaphor of new capitalism. I define the wide cultural feedback created by Turkka's tenure of educational praxis, and ideas adapted from the social context into theater education, as an autopoietic communicative process between theater education and society: as a black box, theater converted the virtual conception of the world into a concrete form of an actor's psychophysical praxis. Theater educational praxis performed socially contextual meanings referring to a subject's position in the social change of 1980s Finland. My other theoretic framework lies close to the American performance theory, with its close ties to the social sciences, and to the tradition of rhetoric and communication: theater's rhetorical utility materializes quotidian cultural practices in a theatrical performance, and helps the audience to research social situations and cultural praxis by mirroring them and creating an explanatory frame.

Function of the Dufour's gland in solitary and social Hymenoptera

The poison gland and Dufour's gland are the two glands associated with the sting apparatus in female Apocrita (Hymenoptera). While the poison gland usually functions as an integral part of the venom delivery system, the Dufour's gland has been found to differ in its function in various hymenopteran groups. Like all exocrine glands, the function of the Dufour's gland is to secrete chemicals, but the nature and function of the secretions varies in different taxa. Functions of the Dufour's gland secretions range from serving as a component of material used in nest building, larval food, and pheromones involved in communicative functions that are important for both solitary and social species. This review summarizes the different functions reported for the Dufour's gland in hymenopterans, illustrating how the Dufour's gland secretions can be adapted to give rise to various functions in response to different challenges posed by the ways of life followed by different taxa. Aspects of development, structure, chemistry and the evolution of different functions are also touched upon briefly.

Style and the “Idea” of the sophist after Plato : the impact of form typology on sophistic teaching and writing on interdisciplinary scholarly work

Resumen: Después de la primera sofística, los sofistas actuaron entre el resto de los pensadores del Mediterráneo como un grupo definido. Dado que hay muchos ejemplos que muestran que los sofistas ejercían sus prácticas y que también eran personas comprometidas en otras actividades, vamos a examinar aquí diversos casos de semejanzas y diferencias entre ellos y otros grupos de pensadores. Nuestras tres preguntas fundamentales son: qué, cómo y por qué los sofistas escribían y enseñaban. Intentaremos responder haciendo un análisis diacrónico de las principales formas y géneros de escritura que produjeron (qué). El cómo lo responderemos en su desenvolvimiento como una actividad comunicativa más allá de las fronteras de las disciplinas de la época. El por qué tendrá su respuesta al enfatizar la necesidad de la actividad de los sofistas en la socialización de la época y en la educación de la antigüedad. Al aseverar que el estilo era la idea de los sofistas, ponemos la noción de idea en Platón en el contexto de idea derivado de los sofistas contemporáneos a él y de los sofistas posteriores (segunda sofística) y centramos el foco en la función de visualidad expresada en su concepto de idea desde las obras sofísticas más tempranas en la época de Platón hasta las contribuciones posteriores.

Verba doctoris : la fecundidad educativa de las palabras del maestro

Resumen: En el mundo educativo actual las corrientes pedagógicas se han visto sumidas en lo que podríamos denominar «el olvido del maestro», pues este se torna ininteligible cuando no hay una verdad que comunicar. La educación se convierte entonces en una construcción por parte del alumno de un mundo de significados subjetivos y cambiantes, que el maestro solo estimula. Frente a esto encontramos la enseñanza de santo Tomás de Aquino, Doctor Humanitatis, quien nos recuerda que las palabras del maestro, verba doctoris, son comunicativas de la verdad ya conocida. Solo fundados en este principio es posible devolver a la palabra educativa la fecundidad que le corresponde, tan necesaria para el perfeccionamiento del hombre y de la sociedad. En este artículo se presenta una reflexión acerca del lugar que ocupa la palabra verdadera en la educación de los hombres, mostrando cómo la vida humana no tiende solo a expresarse en la palabra, sino a ser fecunda en la palabra educativa.

El viaje omnipresente : su funcionalidad discursiva en los relatos culturales de la segunda modernidad

Número monográfico: El viaje y sus discursos

Fernando del Pulgar y la vejez

[ES]Aproximación a la consideración social de los ancianos a finales de la Edad Media y cómo ellos vivían su situación a través del ejemplo del cronista Fernando del Pulgar (Castilla siglo XV).

Las ideas lingüísticas de Juan Mateo Zabala: El verbo regular vascongado del dialecto vizcaíno (1848)

Presentado en las II. Jornadas de Lingüística Vasco-Románica / Euskal-Erromantze Linguistika II. Jardunaldietan aurkeztua (Bilbo, 2007)

Développement des méthodes de stabilisation pour la conception des circuits hyperfréquences : application à l'optimisation d'un amplificateur de puissance spatial

209 p. : graf.