Procedural Acts as Double-Conventionalized Acts: Considerations on Conventional Acts Performed in a Courtroom Discourse

Gmerek, Karolina

doi:10.1007/s11196-020-09681-1

Cited by 4 publications

(1 citation statement)

References 31 publications

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“…Предложенная концепция правоотношения как социально-правового действия и юридического взаимодействия, существующих соответственно в правовой реальности и действительности права, является условной и применимой в чистом виде лишь в познавательных целях. Например, в юридической литературе по проблеме конвенциональности процессуальных актов указывается, что данные акты являются процессуальными действиями с точки зрения судебного разбирательства, и в то же время они выступают актами коммуникации -с точки зрения процесса общения в этих процессах [16]. Так, на практике достаточно часто происходит пересечение или взаимное наложение одного типа правоотношения на другой.…”

Section: сибирское юридическое обозрение 2021 том 18 № 4 теория и история права и государства история учений о праве и государствеunclassified

Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

Vershok

2021

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The article is devoted to the study of legal relationship as a phenomenon that exists in two modes of being of law: legal reality and legal validity. Classical approaches to the definition of a legal relationship as a social relationship regulated by law are criticized. The understanding of the legal relationship as a result of the implementation of legal norm is also criticized. It is recognized that these approaches do not fully provide a scientific characteristic of legal relationships as a social and legal phenomenon. Instead of the usually distinguished elements of a legal relationship in the form of a subject, object and content, it is proposed to study its dynamic parameters. The dynamics of a legal relationship is considered as a result of the intentionality of the legal consciousness of its subject. In legal reality, a legal relationship is studied as a social action in the conditions of adaptation of the subject to the environment. This legal relationship is due to the general normativity of biological, social and technical origin. The vital normativity of legal reality is considered as a determinant of legal relations. The locus of control in this legal relationship is focused on the subject exercising its rights and fulfilling its obligations. In legal validity, the legal relationship is due to the intentionality of the legal consciousness of the subject to implement legal norms through legal interaction with other participants in the legal relationship. The normativity of legal reality is based on legal regulation through legal acts (individual and general). In such a legal relationship, the subjects exercise their legal capabilities to the fulfillment of the legal duties assigned to other subjects. The locus of control is shifted to other participants in the legal relationship who exercise their rights and perform legal duties. In legal interaction, mutual recognition of the right is provided by the instance and/or the party of the legal relationship. In the legal validity, the physical, social and value, as well as vital normativity are supplemented by legal normativity. It is designed to neutralize social contradictions caused by the limitations of space, as well as the irreversibility of time. It is proved that the proposed concept of legal relations contributes to the solution of practical issues of the primacy of the legal norm or legal relationship, the revision of the criteria for differentiation of the legal system, the determination of the ratio of legal relations and offenses, the scientific consideration of some sectoral problems of the classification of legal relations. It is noted that the proposed concept of a legal relationship as a social action or legal interaction is quite conditional and applicable for cognitive purposes. In practice, quite often there is an intersection or mutual overlap of one type with another, a transition from legal reality to legal reality.

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Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

Vershok

2021

jour

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Directive Acts in International Legal Discourse: Scale of Illocutionary Force Intensity

Kravchenko,

Pozhar

2023

Mìžnar. fìlol. čas.

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The article introduces an eight-component taxonomy of directives in international legal discourse, depending on the degree of illocutionary force, based on the criteria of illocutionary markers, directive force mitigators and modifications of the prototypical structure of directives. The research integrates the methods of speech act analysis, tools of the theory of mitigation and discourse analysis. An eight-point degree of intensity distinguishes directives with the verbs "shall" and "must" to indicate obligations in the performative part of the prototypical structure of directives. The seventh-point degree is marked by “should” to designate recommendation. Explicit directives extended with hedges specifying possibilities of the norm adaptation in favor of the capabilities of states fall under the sixth position. The fifth degree of intensity is typical for acts marked with adjectives indicating the urgency of action. The fourth position on the scale of deintensification pertains to directives with obligative verbs in the passive construction of the propositional component, with the performative component being omitted. Directives occupying the third position on the scale of illocutionary force intensity are marked, in addition to the omitted performative component, with hedges that allow for deviation from the norm in application. A two-point degree of intensity distinguishes acts with an omitted performative component in which the position of the phrasal subject is taken by nominations of the object of obligations, instead of legal subjects. Directives with an omitted performative component, where the legal subject is replaced by the designation of the object of the directive action and the performative verb is replaced by an indirect marker of obligation, occupy the first position in terms of de-intensified illocutionary force level.

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Multimodal Advertising: Semiotic and Cognitive-Pragmatic Aspects

Kravchenko,

Yudenko

2023

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The article focuses on the analysis of the multimodal advertising of the Nokia brand from a semiotic and cognitive-pragmatic perspective. The aim of the article is to identify the secondary signifieds of the brand discourse and the features of their actualization through verbal, visual, and auditory advertising modes. This goal is achieved through several tasks, including identifying connotations related to the auditory mode in the context of its intertextuality; specifying secondary signifieds actualized by visual metaphors; determining the interface of pragmatic and cognitive parameters in visual metaphors; justifying the role of secondary signifieds in constructing the target consumer identity of the Nokia brand. It is found that key secondary signifieds constitutive of the brand discourse are connotative meanings such as "self-expression," "inspiration," and "classicism." These connotations, embodying the motivational needs of the target consumer identity of Nokia, are intended to displace the primary signifieds associated with the functional purpose of the brand's products as mobile communication devices. Visual and verbal images of classical guitar and violin, as well as auditory intertextual borrowing of a classical melody in the brand's ringtone, are used to create secondary signifieds that metonymically connect the brand with classical music and inspiration. These secondary signifieds appeal to two types of consumer identities: those with motivational needs for self-realization and creativity and those with needs for continuity, traditions, and stability. Images of classical musical instruments serve as source spaces for visual metaphors and intertextuality, in blends of which the secondary signifieds of the brand discourse are reconstructed. The reconstruction of signifieds is carried out through discursive implicatures, establishing the quantity, transparency, quality, and coherence of information disrupted by metaphors or intertextuality as means associated with deviations from cooperative maxims. The restored implicatures shape propositional-locutionary content, which, in the elaboration stage of the blend, takes on illocutionary forces of an indirect commissive act—promising to satisfy the motivational needs of the target audience in self-expression, heritage, and traditions—and an indirect directive, urging to fulfill these motivational needs through the acquisition of the brand's products.

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Procedural Acts as Double-Conventionalized Acts: Considerations on Conventional Acts Performed in a Courtroom Discourse

Cited by 4 publications

References 31 publications

Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

Directive Acts in International Legal Discourse: Scale of Illocutionary Force Intensity

Multimodal Advertising: Semiotic and Cognitive-Pragmatic Aspects

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