Law In Texts Research Articles

Najmuddīn Al-Tūfī's Thoughts on The Dynamics of Inheritance Law 2:1 Perspective of Maṣlaḥah

Islamic hereditary law in the reality of human life demands legal dynamism to vouch for the flexibility and adaptability of genetic law following the characteristics of modern Muslim societies. This article elaborates on the dynamics of the 2: 1 inheritance law between heirs, male and women, from the perspective of the maṣlaḥah of Najmuddīn al-Ṭūfī. To analyze the conception of inheritance 2:1 division, this study attempts to dissect it with the theory of maṣlaḥah Najmuddīn al-Ṭūfī. The studies and analysis have been discovered, resulting in the conclusion that the dynamics of the 2: 1 hereditary law has been subject to embodying the benefits properly. In the view of Najmuddīn al-Ṭūfī, the help is the goal of sharia, even the highest argument if it is contradicted between text and maṣlaḥah. This view, when applied to the verse of the Holy Qur'an, An Nisa (4): 11, will open up opportunities for responsive reinterpretation. Based on this concept, it is understood that deviating from the law of text in the distribution of inheritance is permissible to create benefits for the heirs and avoid disputes.

Przestępstwa językowe jako przedmiot etnolingwistycznych badań porównawczych

The article proposes an original concept of language crimes as a subcategory of criminal acts in Polish criminal law and in criminal law systems of other countries. Focus is placed on their characteristics as the criteria for distinguishing them from other types of crimes, on relations between them as constructions of legal culture and other elements of culture, in particular language. In addition, three fundamental research perspectives for these crimes are proposed: they can be carried out as comparative ethnolinguistic research: the temporal perspective, the territorial perspective, and the "law in action” perspective. The latter derives from the achievements of a realistic legal school, which denies the significance of a static "law in texts”.

Large-Scale Analysis of Zipf's Law in English Texts.

Despite being a paradigm of quantitative linguistics, Zipf’s law for words suffers from three main problems: its formulation is ambiguous, its validity has not been tested rigorously from a statistical point of view, and it has not been confronted to a representatively large number of texts. So, we can summarize the current support of Zipf’s law in texts as anecdotic. We try to solve these issues by studying three different versions of Zipf’s law and fitting them to all available English texts in the Project Gutenberg database (consisting of more than 30 000 texts). To do so we use state-of-the art tools in fitting and goodness-of-fit tests, carefully tailored to the peculiarities of text statistics. Remarkably, one of the three versions of Zipf’s law, consisting of a pure power-law form in the complementary cumulative distribution function of word frequencies, is able to fit more than 40% of the texts in the database (at the 0.05 significance level), for the whole domain of frequencies (from 1 to the maximum value), and with only one free parameter (the exponent).

Postmodern Jurisprudence: Contesting Genres

It has become a common place of contemporary legal theory, particularly postmodernist legal theory, to reject modernist jurisprudence’s assumption of law’s disciplinary autonomy. Within this enthusiasm for interdisciplinary approaches to law, what is less common is detailed analysis of precisely how interdisciplinarity is figured, rhetorically and epistemologically, in the discourse of contemporary legal theory. It is with a view to detailed analysis of this kind that this paper emerges. Its aim is to explore in detail how interdisciplinarity might be figured, and with what consequences, in the jurisprudence of postmodernity. The particular site of this exploration will be Costas Douzinas and Ronnie Warrington with Shaun McVeigh’s Postmodern Jurisprudence: the Law of Text in the Texts of law. Published in 1991, this text remains widely influential – it has become a contemporary classic in its genre. It is not the intention of this paper, however, to represent this text as exemplary. Rather, this paper intends to read this text in its particularity, to focus on its particular vision of postmodern jurisprudence. Specifically, this paper argues that Postmodern Jurisprudence figures interdisciplinarity in terms of genre; and that this understanding of interdisciplinarity is problematised by the unacknowledged contradictions between the different conceptions of genre – one associated with Jacques Derrida and the other associated with Jean-Francois Lyotard – which the text invokes. This paper argues that the project of postmodern jurisprudence – as title and as label – appears rather differently if it is imagined, on the one hand (following Derrida) according to the logic of the passe-partout and, on the other hand (following Lyotard), according to the logic of the differend. The paper concludes that this internal tension should at least give us pause for thought when approaching the complex phenomenon of interdisciplinarity in postmodern legal scholarship more generally.

IT in the Law

Westlaw UK announced content enhancements at the end of October. European content is now updated each afternoon meaning that the Official Journal of the European Communities is now available within 24 hours of publication. Articles from the Scots Law Times from 1997 and case summaries from 2000 are now accessible on Westlaw UK, Westlaw UK Scots Law and Westlaw UK Scots Crime. The Westlaw UK Crime Service now includes Criminal Appeal Reports back to 1967 and The Criminal Appeal Reports (Sentencing) back to 1979. This additional content has been added directly to all Westlaw UK and Westlaw UK Crime practice area services. Finally, ICLR cases are now available on Westlaw UK Civil Procedure adding 7,000 full text law reports, and providing a case archive to complement the Civil Procedure Reports.

Postmodern Jurisprudence: The Law of Text in the Texts of the Law

Book synopsis: 'Postmodern Jurisprudence' brings together poststructuralism and legal theory. Contemporary legal theory is committed both to the major truth telling Enlightenment claims of clarity, logic, impartiality and analytical rigour, and to the normative demands of liberal equality, fairness and justice. But through a close reading of the leading texts of contemporary legal philosophy (Dworkin, Finnis, Fish, Norris, Goodrich, Jackson and recent Marxist theories of law), Postmodern Jurisprudence demonstrates that modernist discourses of law contain the unsettling thematics of postmodernity which these texts attempt to deny. Furthermore, by using an array of textual and contextual techniques in the reading of conventional legal works, such as law reports, Postmodern Jurisprudence points towards overcoming the impasse in the interpretation debate. The book concludes with an analysis around a piece of 19th-century literature which is approached via the dynamics of postmodern copyright law.