Multilingualism, Legal Drafting and Interpretation of Bilingual Law in Italy

The article begins with a short history of the current Italian language, as an example of a dialect evolving and becoming elevated to the status of a national language. Next, an overview of Italy as characterized by multilingualism and of the different minority languages is offered. A third part is devoted to the different legal languages of Italian law and particularly to the consequences of multilingualism in Italy, which refers to the obligation to draft some local laws in two or tree languages. Multilingual drafting concerns institutions – and therefore concepts – of Italian law which are applied within one single legal system, namely the Italian one, and are merely expressed in a legal language which is not only Italian, but German, French or Ladin. This part is discussed more in deep. The article underlines that legal multilingualism in Italy is a rather unexplored research field. As in Europe there is a clear need for studies inquiring the problem of intepretation and application of mulitlingual law, the praxis and the operative reality of the “regional” legal languages in Italy would probably deserve more attention.

An investigation into formal and functional characteristics of qualifications in legislative writing and its application to English for academic legal purposes.

The present investigation is based on a linguistic analysis of the 'Housing Act 1980' and attempts to examine the role of qualifications in the structuring of the legislative statement. The introductory chapter isolates legislative writing as a "sub-variety “of legal language and provides an overview of the controversies surrounding the way it is written and the problems it poses to its readers. Chapter two emphasizes the limitations of the available work on the description of language-varieties for the analysis of legislative writing and outlines the approach adopted for the present analysis. This chapter also gives some idea of the information-structuring of legislative provisions and establishes qualification as a key element in their textualisation. The next three chapters offer a detailed account of the ten major qualification-types identified in the corpus, concentrating on the surface form they take, the features of legislative statements they textualize and the syntactic positions to which they are generally assigned in the statement of legislative provisions. The emerging hypotheses in these chapters have often been verified through a specialist reaction from a Parliamentary Counsel, largely responsible for the writing of the ‘Housing Act 1980’• The findings suggest useful correlations between a number of qualificational initiators and the various aspects of the legislative statement. They also reveal that many of these qualifications typically occur in those clause-medial syntactic positions which are sparingly used in other specialist discourse, thus creating syntactic discontinuity in the legislative sentence. Such syntactic discontinuities, on the evidence from psycholinguistic experiments reported in chapter six, create special problems in the processing and comprehension of legislative statements. The final chapter converts the main linguistic findings into a series of pedagogical generalizations, offers indications of how this may be applied in EALP situations and concludes with other considerations of possible applications.

An introduction to forensic linguistics:language in evidence

From the accusation of plagiarism in The Da Vinci Code, to the infamous hoaxer in the Yorkshire Ripper case, the use of linguistic evidence in court and the number of linguists called to act as expert witnesses in court trials has increased rapidly in the past fifteen years. An Introduction to Forensic Linguistics: Language in Evidence provides a timely and accessible introduction to this rapidly expanding subject. Using knowledge and experience gained in legal settings – Malcolm Coulthard in his work as an expert witness and Alison Johnson in her work as a West Midlands police officer – the two authors combine an array of perspectives into a distinctly unified textbook, focusing throughout on evidence from real and often high profile cases including serial killer Harold Shipman, the Bridgewater Four and the Birmingham Six. Divided into two sections, 'The Language of the Legal Process' and 'Language as Evidence', the book covers the key topics of the field. The first section looks at legal language, the structures of legal genres and the collection and testing of evidence from the initial police interview through to examination and cross-examination in the courtroom. The second section focuses on the role of the forensic linguist, the forensic phonetician and the document examiner, as well as examining in detail the linguistic investigation of authorship and plagiarism. With research tasks, suggested reading and website references provided at the end of each chapter, An Introduction to Forensic Linguistics: Language in Evidence is the essential textbook for courses in forensic linguistics and language of the law.

On legal positivism's word and our 'form-of-(non-)living'

This paper is about two stories. The more reassuring one states that byestablishing that a norm is valid because of its source, not its merit, legal positivism is, in its various forms, perhaps one of the greatest achievements in Western legal theory and practice. From constitutionalism to human rights policies, from criminal to international law and free trade agreements, from contracts to torts and e-commerce, legal validity, predictability, and coherence have found their most powerful ally in positivist thought. This contribution argues that it is time for a different, neorealist story: the metaphysical, ontological and biopolitical essence of its language demonstrates that legal positivism has in fact played a fundamental role in the substitution of action with behaviour, and consequently, in the normalisation of humankind’s self-annihilating animality as post-historical and post-political ‘form-of-(non-)living.’

Derecho natural y ciencia jurídica : consideraciones sobre la ciencia del derecho como ciencia práctica

Resumen: En el trabajo se aborda la vexata quaestio de la cientificidad de la ciencia jurídica, a la que se le impugna la pretensión de ser científica y, a la vez, práctica. Se estudian las impugnaciones realizadas en ese sentido por Claude Lévi-Strauss y Hans Albert, así como los intentos de algunos filósofos del derecho analíticos de superarla a través del análisis lógico del lenguaje jurídico. Se analizan después los cuestionamientos efectuados por algunos representantes de la filosofía hermenéutica, que critican los ensayos analíticos y proponen una concepción interpretativa de la ciencia jurídica. Luego de esta exposición, el A. evalúa las aportaciones analíticas y hermenéuticas, poniendo de relieve sus fortalezas y sus falencias a la hora de establecer el estatuto científico de la ciencia jurídica, para pasar finalmente a proponer una concepción de la ciencia del derecho heredera de la tradición de la filosofía práctica de cuño aristotélico. En este punto, el A. desarrolla —con base en el pensamiento de Tomás de Aquino— una concepción analógica del conocimiento científico y explica de qué modo es posible aplicarla a un saber acerca del derecho que resulte, a la vez, científico y práctico. Finalmente, desenvuelve la necesidad epistémica de una apertura del conocimiento de la ciencia jurídica a los primeros principios prácticos, que la vincula constitutivamente a la doctrina de la ley natural, así como al nivel máximamente determinado de la prudencia jurídica.

Modelling, control and supervision for a class of hybrid systems

The aim of this thesis is to narrow the gap between two different control techniques: the continuous control and the discrete event control techniques DES. This gap can be reduced by the study of Hybrid systems, and by interpreting as Hybrid systems the majority of large-scale systems. In particular, when looking deeply into a process, it is often possible to identify interaction between discrete and continuous signals. Hybrid systems are systems that have both continuous, and discrete signals. Continuous signals are generally supposed continuous and differentiable in time, since discrete signals are neither continuous nor differentiable in time due to their abrupt changes in time. Continuous signals often represent the measure of natural physical magnitudes such as temperature, pressure etc. The discrete signals are normally artificial signals, operated by human artefacts as current, voltage, light etc. Typical processes modelled as Hybrid systems are production systems, chemical process, or continuos production when time and continuous measures interacts with the transport, and stock inventory system. Complex systems as manufacturing lines are hybrid in a global sense. They can be decomposed into several subsystems, and their links. Another motivation for the study of Hybrid systems is the tools developed by other research domains. These tools benefit from the use of temporal logic for the analysis of several properties of Hybrid systems model, and use it to design systems and controllers, which satisfies physical or imposed restrictions. This thesis is focused in particular types of systems with discrete and continuous signals in interaction. That can be modelled hard non-linealities, such as hysteresis, jumps in the state, limit cycles, etc. and their possible non-deterministic future behaviour expressed by an interpretable model description. The Hybrid systems treated in this work are systems with several discrete states, always less than thirty states (it can arrive to NP hard problem), and continuous dynamics evolving with expression: with Ki ¡ Rn constant vectors or matrices for X components vector. In several states the continuous evolution can be several of them Ki = 0. In this formulation, the mathematics can express Time invariant linear system. By the use of this expression for a local part, the combination of several local linear models is possible to represent non-linear systems. And with the interaction with discrete events of the system the model can compose non-linear Hybrid systems. Especially multistage processes with high continuous dynamics are well represented by the proposed methodology. Sate vectors with more than two components, as third order models or higher is well approximated by the proposed approximation. Flexible belt transmission, chemical reactions with initial start-up and mobile robots with important friction are several physical systems, which profits from the benefits of proposed methodology (accuracy). The motivation of this thesis is to obtain a solution that can control and drive the Hybrid systems from the origin or starting point to the goal. How to obtain this solution, and which is the best solution in terms of one cost function subject to the physical restrictions and control actions is analysed. Hybrid systems that have several possible states, different ways to drive the system to the goal and different continuous control signals are problems that motivate this research. The requirements of the system on which we work is: a model that can represent the behaviour of the non-linear systems, and that possibilities the prediction of possible future behaviour for the model, in order to apply an supervisor which decides the optimal and secure action to drive the system toward the goal. Specific problems can be determined by the use of this kind of hybrid models are: - The unity of order. - Control the system along a reachable path. - Control the system in a safe path. - Optimise the cost function. - Modularity of control The proposed model solves the specified problems in the switching models problem, the initial condition calculus and the unity of the order models. Continuous and discrete phenomena are represented in Linear hybrid models, defined with defined eighth-tuple parameters to model different types of hybrid phenomena. Applying a transformation over the state vector : for LTI system we obtain from a two-dimensional SS a single parameter, alpha, which still maintains the dynamical information. Combining this parameter with the system output, a complete description of the system is obtained in a form of a graph in polar representation. Using Tagaki-Sugeno type III is a fuzzy model which include linear time invariant LTI models for each local model, the fuzzyfication of different LTI local model gives as a result a non-linear time invariant model. In our case the output and the alpha measure govern the membership function. Hybrid systems control is a huge task, the processes need to be guided from the Starting point to the desired End point, passing a through of different specific states and points in the trajectory. The system can be structured in different levels of abstraction and the control in three layers for the Hybrid systems from planning the process to produce the actions, these are the planning, the process and control layer. In this case the algorithms will be applied to robotics ¡V a domain where improvements are well accepted ¡V it is expected to find a simple repetitive processes for which the extra effort in complexity can be compensated by some cost reductions. It may be also interesting to implement some control optimisation to processes such as fuel injection, DC-DC converters etc. In order to apply the RW theory of discrete event systems on a Hybrid system, we must abstract the continuous signals and to project the events generated for these signals, to obtain new sets of observable and controllable events. Ramadge & Wonham¡¦s theory along with the TCT software give a Controllable Sublanguage of the legal language generated for a Discrete Event System (DES). Continuous abstraction transforms predicates over continuous variables into controllable or uncontrollable events, and modifies the set of uncontrollable, controllable observable and unobservable events. Continuous signals produce into the system virtual events, when this crosses the bound limits. If this event is deterministic, they can be projected. It is necessary to determine the controllability of this event, in order to assign this to the corresponding set, , controllable, uncontrollable, observable and unobservable set of events. Find optimal trajectories in order to minimise some cost function is the goal of the modelling procedure. Mathematical model for the system allows the user to apply mathematical techniques over this expression. These possibilities are, to minimise a specific cost function, to obtain optimal controllers and to approximate a specific trajectory. The combination of the Dynamic Programming with Bellman Principle of optimality, give us the procedure to solve the minimum time trajectory for Hybrid systems. The problem is greater when there exists interaction between adjacent states. In Hybrid systems the problem is to determine the partial set points to be applied at the local models. Optimal controller can be implemented in each local model in order to assure the minimisation of the local costs. The solution of this problem needs to give us the trajectory to follow the system. Trajectory marked by a set of set points to force the system to passing over them. Several ways are possible to drive the system from the Starting point Xi to the End point Xf. Different ways are interesting in: dynamic sense, minimum states, approximation at set points, etc. These ways need to be safe and viable and RchW. And only one of them must to be applied, normally the best, which minimises the proposed cost function. A Reachable Way, this means the controllable way and safe, will be evaluated in order to obtain which one minimises the cost function. Contribution of this work is a complete framework to work with the majority Hybrid systems, the procedures to model, control and supervise are defined and explained and its use is demonstrated. Also explained is the procedure to model the systems to be analysed for automatic verification. Great improvements were obtained by using this methodology in comparison to using other piecewise linear approximations. It is demonstrated in particular cases this methodology can provide best approximation. The most important contribution of this work, is the Alpha approximation for non-linear systems with high dynamics While this kind of process is not typical, but in this case the Alpha approximation is the best linear approximation to use, and give a compact representation.

First-year law students’ construction of professional identity through writing

While there is a considerable body of research on law student identity construction based on interviews and transcripts of classroom talk, there is very little work based on student written texts. In this article two letters of advice written by beginning law students are analysed, using Ivanic and Camps’s (2001) framework, as an example of identity formation. Legal identity is argued to be formed by students’ attempts to accommodate a dynamic, partial, practitioner role of provider of advice to the traditional analytic focus of the law student. The process of accommodation is evident in the language of the letters, which show disfluencies resulting from attempts to combine different roles into a coherent legal identity. Comparison with a professionally written letter suggests that, rather than seeking to shape a coherent position, lawyers are able simultaneously to hold incompatible perspectives, concealing the tensions by foregrounding some perspectives and backgrounding others.

O debate entre Hart e Fuller: uma controvérsia envolvendo veículos no parque

A debate occurred in 1958 at the Harvard Law Review has become a landmark for contemporary philosophy of law. Still under the philosophical and moral impact of the Second World War, Herbert L. A. Hart published his version of legal positivism whitin the article entitled Positivism and the Separation of Law and Moral. The answer came from Lon Fuller’s Positivism and Fidelity to Law – A Reply to Prof. Hart. Much of the debate took place over a seemingly prosaic exemple: a rule prohibiting vehicles from a park. With this exemple, Hart argued that rules have a core of clear aplications, but this core meaning would be sorrounded by a penumbra of uncertainty. Fuller uses a counter-exemple to instist that legal language, by itself, cannot determine a certain outcome: it is necessary to understand the purpose for wich the rule was suppose to serve. This paper analyses this controversy from its most important features: i) the connection between legal philosophy and philosophy of language; ii) the possibility of legal interpretation; iii) and the different possibles points of view for the analysis of law. This paper argues that the study of these features sheds light on the problems we encounter in contemporary philosophy of law, especialy with regard to theories of legal argumentation and its relation with legal langague and legal interpretation.

Da fala das ruas à fala dos tribunais: a retórica jurídica e seus impactos nas relações sociais

O trabalho apresenta o universo da linguagem jurídica sob o ponto de vista da semiótica do direito. Traz à análise as formulações argumentativas traduzidas pela retórica e visa mostrar como estas estabelecem tensões sociais a partir da relação que envolve os vários componentes do discurso do direito que se encontram nas funções de legitimação, neutralização, dominação, e delimitação da ordem idealizada pelo Estado. Faz uma análise do discurso e da retórica, à luz da racionalidade e da fundamentação que servem à legitimação exercida pela norma a partir do exame de material processual arquivado em sede de diversos órgãos da justiça na capital, Belém, e em alguns municípios no Pará, e em entrevistas. Tem como referência as contradições entre o sistema de racionalidade jurídica e a forma como o mesmo ganha vida no plano da concreção, identifica como a produção do direito remete à questão da democracia e do Estado de direito, concebidos pelo discurso, que pode aproximar ou afastar a justiça do cidadão.

Review of "Lingua e diritto. Livelli di analisi"

The book Lingua e diritto: Livelli di analisi brings together contributions by scholars from different fields: anthropology, theory and philosophy of law, comparative law, European law, translation, discourse analysis, pragmatics, morpho-syntax and cognitive linguistics. Contributions deal with a number of issues situated at the interface between language and law: questions of meaning and the interpretation of legal texts, the nature of legal interpretation, problems of ambiguity and vagueness in legal texts, the characteristics of legal language, legal terminology and the multilingualism of European law. As a whole, the book provides insights into a number of different topics and perspectives situated at the interface between language and law. It is of interest both to lawyers and linguists as a valuable and very welcome contribution to the field of legal linguistics.

La relación entre arte y política como un entramado : La poética de Edgardo Antonio Vigo

En este trabajo se analiza la relación entre arte y política a través de la poética del artista Edgardo Antonio Vigo en una época convulsionada en términos artísticos y políticos: las décadas de 1960 y 1970. Más que a un nexo en el que el contexto político determina y encuadra la politicidad del arte, se apela a una interpretación en la que esa vinculación es múltiple, compleja e inestable, lo que configura un entramado. Para ello se analizan tres zonas de su obra -la poesía visual, las acciones en el espacio público y la utilización del lenguaje judicial-administrativo en sus producciones-, pues se considera que es posible, a partir de allí, interpretar aspectos centrales de su poética política

La relación entre arte y política como un entramado : La poética de Edgardo Antonio Vigo

En este trabajo se analiza la relación entre arte y política a través de la poética del artista Edgardo Antonio Vigo en una época convulsionada en términos artísticos y políticos: las décadas de 1960 y 1970. Más que a un nexo en el que el contexto político determina y encuadra la politicidad del arte, se apela a una interpretación en la que esa vinculación es múltiple, compleja e inestable, lo que configura un entramado. Para ello se analizan tres zonas de su obra -la poesía visual, las acciones en el espacio público y la utilización del lenguaje judicial-administrativo en sus producciones-, pues se considera que es posible, a partir de allí, interpretar aspectos centrales de su poética política

La relación entre arte y política como un entramado : La poética de Edgardo Antonio Vigo

En este trabajo se analiza la relación entre arte y política a través de la poética del artista Edgardo Antonio Vigo en una época convulsionada en términos artísticos y políticos: las décadas de 1960 y 1970. Más que a un nexo en el que el contexto político determina y encuadra la politicidad del arte, se apela a una interpretación en la que esa vinculación es múltiple, compleja e inestable, lo que configura un entramado. Para ello se analizan tres zonas de su obra -la poesía visual, las acciones en el espacio público y la utilización del lenguaje judicial-administrativo en sus producciones-, pues se considera que es posible, a partir de allí, interpretar aspectos centrales de su poética política

Semantic change and intersubjectification: The origin of reprise evidential conditional in Old Catalan

The reprise evidential conditional (REC) is nowadays not very usual in Catalan: it is restricted to journalistic language and to some very formal genres (such as academic or legal language), it is not present in spontaneous discourse. On the one hand, it has been described among the rather new modality values of the conditional. On the other, the normative tradition tended to reject it for being a gallicism, or to describe it as an unsuitable neologism. Thanks to the extraction from text corpora, we surprisingly find this REC in Catalan from the beginning of the fourteenth century to the contemporary age, with semantic and pragmatic nuances and different evidence of grammaticalization. Due to the current interest in evidentiality, the REC has been widely studied in French, Italian and Portuguese, focusing mainly on its contemporary uses and not so intensively on the diachronic process that could explain the origin of this value. In line with this research, that we initiated studying the epistemic and evidential future in Catalan, our aim is to describe: a) the pragmatic context that could have been the initial point of the REC in the thirteenth century, before we find indisputable attestations of this use; b) the path of semantic change followed by the conditional from a ‘future in the past’ tense to the acquisition of epistemic and evidential values; and c) the role played by invited inferences, subjectification and intersubjectification in this change.

The Routledge handbook of forensic linguistics

The Routledge Handbook of Forensic Linguistics provides a unique work of reference to the leading ideas, debates, topics, approaches and methodologies in Forensic Linguistics. Forensic Linguistics is the study of language and the law, covering topics from legal language and courtroom discourse to plagiarism. It also concerns the applied (forensic) linguist who is involved in providing evidence, as an expert, for the defence and prosecution, in areas as diverse as blackmail, trademarks and warning labels. The Routledge Handbook of Forensic Linguistics includes a comprehensive introduction to the field written by the editors and a collection of thirty-seven original chapters written by the world’s leading academics and professionals, both established and up-and-coming, designed to equip a new generation of students and researchers to carry out forensic linguistic research and analysis. The Routledge Handbook of Forensic Linguistics is the ideal resource for undergraduates or postgraduates new to the area.