Legal Communication Research Articles

Theoretical approaches to the concept and essence of underage subjects of information relations in the context of legal communication

The article deals with theoretical approaches to the concept and essence of underage subjects of information relations in the context of legal communication. The article aims to provide a systemic analysis of the legal framework for minors’ information security and formulate a comprehensive approach to its development in the context of the digital transformation of society. The object is social relations aimed at legal support of information security of minors. The subject of the study is a set of legal acts of Ukraine and international legal acts regulating public relations in the field of ensuring the information security of minors when using information technologies. The study is based on a comprehensive approach to the model of legal support for the information security of minors, taking into account their special status, based on an interdisciplinary approach. The systemic analysis expands the understanding of the peculiarities of subjects and objects of information relations related to the legal provision of information security of minors, and the conceptual and categorical apparatus in this area. The legal provisions relating to the information security of minors as subjects of information law are homogeneous in nature. They are widely used by various branches of law. It is noted that the system of information rights of minors should contain an element of development and formation of minors in the modern digital space and should consider a minor as a person who has reached a certain level of digital maturity. The second important element of the system of information rights is the right to use secure information technologies in the educational process, based on the right to secure information interaction, expressed in the absence of destructive influence as an element of care for children’s information and psychological safety. It creates a sub-institution of information security of a minor as a component of the institution of legal support for the information security of a person. It expands theoretical and informational concepts regarding the content of the specific features of information rights of minors as independent subjects of information relations.

Übersetzungsorientierte Didaktisierung juristischer Phraseologie

Abstract Legal phraseology is an essential component of legal language, and thus of legal communication, in both quantitative and qualitative terms. It is also one of the main problems in legal translation since legal phraseological units are determined by law-specific factors, and as such are usually unknown to legal translators, who in most cases are not lawyers. As there are still no aids to support the translation of legal phraseology, legal translators struggle with legal phraseology. This is problematic for interlingual legal communication since certain fixed word combinations induce certain extra-linguistic actions in legal practice, thereby triggering legal consequences. A bad translation can cause the action intended by the sender to be omitted or another action to occur. Therefore, the didactization of legal phraseology for purposes of legal translation is a very important task for phraseodidactics. Since there is still no corresponding phraseodidactic approach, this paper proposes a didactic concept for the translation of legal phraseology to familiarize prospective and practicing legal translators with features of legal phraseology, teach them strategies for translating this phraseology, and show them how to develop tools for translating legal phraseology on its own. The paramount goal of such didactics is to ease the translation of legal phraseology and, ipso facto, improve the quality of interlingual legal communication. With this objective in mind, this article first outlines the most important prerequisites of legal translation and then highlights the features of legal phraseology, characterizing the individual types of legal phraseology by their communicative functions using German legal language as an example. Thereafter, the focus shifts to phraseodidactics, which can provide remedies for legal phraseology translation, analyzing the most important phraseodidactic methods so far proposed by phraseodidacticians. In concluding, the article presents a didactic concept for the translation of legal phraseology.

Technology-Enhanced Approaches for Teaching English to Law Students: Innovations and Best Practices

This research paper summarizes an investigation into technology-enhanced English language teaching for law students in Medellín, Colombia. It briefly outlines the study's objectives, methodologies, and key findings, focusing on the improved English language proficiency, legal communication skills, and increased student engagement and autonomy due to technology-enhanced learning. Background: The study addresses the importance of English language proficiency for law students in a global legal context and the challenges in teaching English to this group. It reviews relevant literature on technology in language learning, particularly in legal education, establishing the theoretical basis for the research. Materials and Methods: The paper describes a mixed-methods approach involving 40 law students in Medellín. It explains the use of questionnaires for quantitative data and interviews and observations for qualitative data, alongside the methods of data analysis and ethical considerations of the research. Results: Findings from questionnaires indicate positive student perceptions of technology in learning and improvements in language proficiency. Qualitative data from interviews and observations highlight enhanced legal communication skills and increased engagement and autonomy in learning due to technology use. Conclusions: The conclusion synthesizes the study's findings, underscoring the positive impact of technology in legal English education. It discusses the implications for educators and suggests integrating technology into the curriculum. The paper concludes with recommendations for future research, particularly in exploring effective technology-enhanced teaching strategies.

When is ‘the end of the road’ reached? Observing the presumption of parental involvement through systems theory

ABSTRACT In 2014 the Children Act 1989 was amended to include a presuption that involvement of a parent in a child’s life will further the child’s welfare unless there is evidence of the risk of harm. Kaganas published two seminal articles which concluded that the government’s ideological rationale for introducting the presumption of parental involvement not only failed to materialise but had some unintended, possibly detrimental, consequences for mothers. This article examines the operation and effects of the presumption of parental involvement in recent years based on an analysis of private law family court judgments between July 2020 and December 2023. Drawing on Luhmann’s theory of autopoietic social systems, it examines the possibilities for and limitations on using law to drive social change beyond the operations of the legal system itself. It concludes that the statutory presumption has failed to serve its stated purpose and has even had the unintended consequence of generating legal communications about the risks of parental involvement. From a feminist perspective, it concludes that positive changes observed in the family court response to domestic and child abuse are an achievement, in light of the limits on steering society, at least until something changes in the unknowable future.

A Literacy Narrative in Legal Discourse of Russia

The paper elucidates the role of a literacy narrative in the construction and content of domestic legal discourse. On the basis of communicative methodology, the author examines the value aspects of the impact of the fiction on the consciousness and behavior of subjects of law and the construction of legal reality. An analysis of the literacy narrative as a collection of works of fiction having existence in a certain space-time continuum made it possible to conclude that the literary narrative is both a specific form of knowledge of legal reality and a means of influencing human consciousness and behavior in the process of legal socialization. Of all the sociocultural paradigms that mediate a person’s perception of the essence of law, not only in the legal, but also in the social sense, it is fiction that occupies the most significant place. Being a form of collective consciousness, a literary work in the process of legal communication broadcasts information about value attitudes, the implementation of which will make it possible to give the addressee’s legal behavior a purposeful character and ensure its identification with the community of which he is a member. The images of law and legal reality formed in domestic works of art are an explication of legal archetypes and broadcast the primacy of the value component of legal reality over the normative.

Образовательные онлайн-технологии как эффективное средство обучения английской терминологии языка для специальных целей (ЯСЦ) студентов неязыковых специальностей вуза: междисциплинарный подход

The paper describes the research conducted by the team of the English teachers of English for Humanities Dpt. of Southern federal university. The investigation aimed at the study of effectiveness of learning English terminology for special purposes by the non-linguistics university program students with the help of IT-technologies. In the experiment the online course "Legal Communication: Legal Writing and Oral Communication in the Practice of Law", developed by the interdisciplinary team of university teachers of the Faculty of Law and the English teachers of English for Humanities Dpt. on the Moodle LMS. Interdisciplinary approach applied in the course of investigation embraced the main principles of two sciences: methods of teaching foreign languages and terminology study. The results obtained show that both the usage of educational IT-technologies and the educational IT- products increases the students’ motivation for learning the language of their future profession if the content of the educational IT- products is thoroughly developed on the main subjects of theoretical and practical terminology study: the description of the history of formation and development of a language for special purposes, the linguistic and extra-linguistic factors that influenced its development, its vocabulary, style and genres, the techniques of appropriate use of terms in the special context.

The Future of Legal English Learning: Integrating AI into ESP Education

This study explores the integration of Artificial Intelligence (AI) into English for Specific Purposes (ESP) education, specifically tailored for law students. The importance of ESP in developing legal communication skills is paramount, as it addresses the complexities of legal terminology and discourse. AI is positioned as a transformative tool in this context, offering personalized learning experiences, instant feedback, and advanced language support. The study involved a survey of 500 law students to assess the impact of AI-driven tools on their learning outcomes, particularly in legal vocabulary, grammar, pronunciation, and writing skills. Results indicate significant benefits from AI integration, including enhanced language proficiency and more effective communication skills essential for legal practice. However, the study also highlights concerns about data security and ethical use of AI, with significant differences observed in students' perceptions of these issues. The Chi-Square analysis confirmed these concerns, revealing statistically significant differences in responses related to satisfaction with privacy and perceptions of AI's ethical use. This research underscores the potential of AI to revolutionize ESP education for law students, while also calling for careful consideration of ethical and privacy issues. The findings contribute to the ongoing discourse on AI's role in legal education and suggest pathways for future research and development in this field.

LEGAL CERTAINTY ON BUILDING DISTRIBUTION AND CONFORMITY WITH THE DETAILED SPATING PLAN IN THE WILDLAND OF MENGWI SPECIFICALLY IN THE GREEN OPEN SPACE ZONE AND THE AGRICULTURAL ZONE (ANALYSIS OF LEGAL CERTAINTY FOR BUILDINGS THAT VIOLATE SPATIAL PLANNING)

This study aims to identify and understand in depth the factors that cause development in the green open space zone and agricultural zone in Mengwi District, Badung Regency, as well as analyze the legal certainty for building owners in these zones. The research was carried out in a qualitative descriptive manner with legal interpretation and legal communication methods, which systematically prepared legal materials to be presented in the thesis entitled "Legal Certainty Against the Distribution of Buildings and Conformity with Detailed Spatial Plans in the Mengwan District Area (RDTR WP), Especially in the Green Open Space Zone and Agricultural Zone." The results show that social factors such as population growth, inheritance rights distribution system, and low interest of the younger generation in agriculture are the most important factors that affect the development and conversion of green open spaces (RTH) in this area. However, there are challenges in law enforcement such as the effectiveness of long-standing regulations and the lack of public awareness of the importance of preserving green lanes. The government and related agencies need to be more decisive in sanctioning buildings in the area to maintain green areas and agriculture as a mitigation effort in preventing land conversion. This research is expected to be a guideline for the community in using land in accordance with spatial planning, providing input for the government on the legal impact of land use transitions, and providing guidance for all stakeholders related to land use.

COMMENTARY AS A TYPE OF COMMUNICATIVE ACTION

The present paper deals with the problem of a commentary as a secondary communicative action. The aim of the article is to describe several discourse types of commentary (a commentary in everyday oral communication, a scientific discourse, a commentary in a legal communication, a commentary in a religious discourse) and define its current discursive features. As a result of the study, it was found that a commentary in everyday oral communication mostly expresses specification of the previous phrase and personal standpoint of interlocutors. In a scientific discourse a commentary is used to ground the author’s approach to the problem and to express a critical evaluation of the problems, usually in a regardful mode. A commentary in a legal communication is given to define and specify certain relevant notions in the sphere of law. A commentary in a religious discourse is used to interpret the basic sentences. A network discourse commentary expresses a personal evaluative attitude to the information published, and responses to it make a polemic dialogue. The scientific novelty of the study is that the definite features of the four types of the commentary are revealed. The study of commentary contributes to the development of theory of speech genres, theory of text and discourse, and pragmalinguistics.

The Role of Language In Ensuring Logical and Reasonable Presentation in Legal Texts

Purpose: The study aims to identify principles and strategies for using language appropriately to ensure the logic, consistency, and clarity of legal texts while adhering to legal rules and requirements. Approach/method: Drawing upon Solan's (2005) insights on the relationship between linguistic structure and legal interpretation, Tiersma's (2008) analysis of how language choices shape legal communication, and Grice's (1989) cooperative principle regarding the effective conveyance of pragmatic implications, the study examines the interplay between logical structure, speech act forces, and pragmatic implications in achieving coherence and intelligibility in legal texts. The research analyzes how elements such as logical structure, speech act forces, and pragmatic implications influence the logic, consistency, and comprehensibility of legal texts. Finding: By analyzing data from 10 indictments across various offenses, the study proposes principles for employing a tight logical structure, selecting appropriate speech act forces for legal utterances, and adhering to cooperative principles to convey meaning clearly. Discussion: Applying appropriate principles and strategies for language use can contribute to enhancing the effectiveness of the legal system, promoting transparency and fairness in legal construction and application.

Юридическият дискурс в публичната комуникация

An effective legal communication is one in which the recipient not only receives and comprehends the message addressed to him, but also responds with acceptance or rejection by engaging in a particular behavior. The media’s function as interpreters in the information flow between institutions and society is seen here, as well as vice versa. What are the most typical issues with comprehending and expressing legal terms, and do they succeed in realizing this function of theirs?

Legal communication of state authorities as a means of interaction in the informational and legal space

In the article, the authors conducted a scientific study of communication as a legal phenomenon, analyzed the national legislation on legal communication in Ukraine, and made a comparative analysis of the features of legal communication in Estonia, Norway, and Sweden. The concept of «legal communication» is also directly clarified, the problems of legal communication in Ukraine are highlighted. The groups of communication in the field of jurisprudence are distinguished into legislative, judicial, and advocacy, foreign experience of legal communication of the specified types is given. It was emphasized that effective legal communication between state authorities and civil society is an important manifestation of the country’s democratic development. It is through such a phenomenon as legal communication that a feedback occurs, when the government can not only better inform the society about its activities, but also learns about the evaluation of these activities by active segments of the population, representing institutions of civil society. The authors conclude that modern legal communication is one of the necessary conditions for successful management and functioning of the state. The result of communicative interaction is the creation of the main administrative-political and management institutions, the formation of interaction between the authorities and the population. Communication between state authorities and society, the introduction of communication standards in the process of information exchange in society, which is based on fundamentally new principles of equal, mutually responsible dialogue - an integral condition for the democratic development of the state, the formation of civil society. It was determined that high-quality and effective legal communication carried out by the state depends on the current legal framework and its compliance with modern challenges and problematic aspects of social life, which such communication is aimed at. It is the state legal communication that is the regulatory and coordinating mechanism in the relations between the state and society, ensuring the stability and efficiency of the functioning of the social organism as a whole.

Трансцендентальные основания права в коммуникативной теории права А. В. Полякова: правовое признание

Introduction. The communicative theory of law put forward in the first years of the XXI century by A. V. Polyakov received further development in the next decade due to the substantiation of the metatheoretical foundation of this theory in the doctrine of legal recognition as the transcendental basis of law. The idea of objectification of law through recognition proposed by A. V. Polyakov becomes the basis of a new humanistic understanding of law, which asserts the key character of trust in legal genesis. Theoretical analysis. The development of the doctrine of recognition as the foundation of legal genesis begins with the substantiation of the idea of recognition of law. A. V. Polyakov connects the very possibility of law with the fact that interacting subjects must not only understand the boundaries of their behavior, but also continuously coordinate them with each other. In this process, each of the subjects must recognize the presence of symmetrical abilities in the counterparty, therefore, recognition is the unity of intellectual and cognitive aspects of law with emotional and axiological one, which asserts the primacy of freedom, equality, dignity and responsibility of the participants in the interaction. From this thesis A. V. Polyakov deduces four aspects of formal equality – communicative equality, normative legal equality, equality as a legal ideal and equality as conformity. Еmpirical analysis. The author considers the conceptual transition from the idea of law as recognition to the principle of mutual legal recognition. Legal recognition as a principle is based on the ontological fact of the existence of Another as a representative of the human race, recognition of the human status of Another means the acceptance by an individual of responsibilities corresponding to the rights of Another as a response to expectations about their own rights. Results. A. V. Polyakov revealed the transcendental foundations of law through the analysis of legal recognition. These data deepen the provisions of the communicative theory of law on the ontological status of law, give the doctrine of legal communication a metaphysical and existential perspective, considering a person in the unity of his / her cognitive, emotional and volitional abilities.

Strategic Constitutionalism and Constitutional Changes: the State and Citizens in Constitutional Forecasting and Public Legal Communication

The paper highlights foundations and development of the doctrine of strategic and dialogical constitutionalism in the context of the crisis of the modern world order and constitutional and legal thinking. Strategic constitutionalism and the strategy of constitutional changes are considered as the most important development paradigm that ensures the progress and diversification of models of modern constitutionalism. The paper explains the factors of conceptualization of constitutional changes, dwells on the state as a constitutional strategy and a strategy for diversifying constitutionalism in the world, the dilemmas of legal constitutionalism and forecasting constitutional changes from the standpoint of academic and expert opinion, academic discussions concerning the purpose and role of dialogical constitutionalism and citizens’ participation in constitutional changes, some strategies for constitutional changes in Russia and Europe, prospects for improvement of institutions of popular participation, the institute of professional and expert opinion in the Russian constitutional doctrine and legislation. The paper employs deliberative and epistemological approaches, methods of formal-legal, concretehistorical, comparative constitutional-legal and complex analysis.

Decoding Pragmatic Strategies in Ferdy Sambo's Plea: Seeking a Glimpse of Hope in the Claustrophobic Courtroom

The prevailing research inadequately explores the pragmatic strategies within courtroom discourse, particularly in non-Western legal systems such as Indonesia. This study embarks on bridging this gap by analyzing pragmatic strategies employed in Ferdy Sambo's plea within the Indonesian legal environment. Utilizing qualitative methods encompassing discourse and pragmatic analysis, this study scrutinizes the deployment of linguistic techniques and pragmatic strategies to meet communicative objectives. The investigation unveils a meticulous utilization of assertive and declarative illocutionary acts, demonstrating a narrative woven with assertiveness, seeking validation and empathy in the claustrophobic courtroom atmosphere. Furthermore, it revealed the significance of understanding the intricate relationship between societal norms, values, and the narrative crafted within a plea, especially in culturally rich contexts like Indonesia. This endeavor enhances the comprehension of the pragmatic strategies in Ferdy Sambo's plea and delineates the broader societal influences that dictate the narrative dynamics within the Indonesian legal discourse. Through this lens, the study contributes substantially to pragmatics, discourse analysis, and legal communication, inviting further nuanced research.
 Keywords: Pragmatics, Ferdy Sambo, Claustrophobic Courtroom, Glimpse

Research on Translation Path of Chinese Legal Texts

This paper aims to explore the translation path of Chinese legal texts from the perspective of translation studies, taking into account the cultural, linguistic, and legal contexts. The study begins by introducing the concept of Chinese legal texts and their unique characteristics. It then examines the theoretical underpinnings of translation studies, with a focus on the concept of equivalence and the different translation methods. The paper then analyzes the challenges and strategies involved in translating Chinese legal texts into English, considering factors such as cultural differences, legal terminology, and narrative style. Finally, the paper proposes a translation path for Chinese legal texts that incorporates both fidelity and creativity. This path involves a series of steps, including text analysis, cultural adaptation, legal research, and linguistic refinement. The study concludes by highlighting the significance of the proposed translation path for promoting cross-cultural understanding and legal communication.

Professionalizing Legal Translator Training: Prospects and Opportunities

Legal transactions have permeated every aspect of our life. Much of this is accomplished through legal translators who, by their outputs, impact our personal and professional future. That said, this article seeks to tackle the challenges and opportunities in preparing legal translators for professional practice. The article is a quality review in its nature which adopts the descriptive approach. The interactionist perspective is adopted in this present article to examine the challenges faced by and the opportunities offered to legal translators under training. This examination is placed within the context of the rapidly evolving translation industry and its related interdisciplinary research, which covers the technology and legal translation, quality in legal translation, and training pathways for legal translators. The subjective perspective is acknowledged as the human experience is involved to explain the individual phenomena within broader context of legal translation profession. The article draws that there is a need to make changes in the legal translation status because we need to improve the translator’s perception of their role. Moreover, training models adopted to prepare legal translators have to be updated by revising the outdated practices of legal translation, and integrating the social role to face the new challenges as the translators are the intercultural mediators who facilitate the international legal communication.

The meaning of the right to be heard for legal communication in the civil procedure

To the relationship between the court and the parties is used the approach as to a communication, which allowed to identify the procedural formalities as a mechanism to ensure the rights of the party in judicial communication and justify the idea of the right to be heard as a fundamental provision of modern Russian civil procedural law. Recognized in the Russian doctrine of civil procedure law components of the right to be heard and to be heard by the court proposed to consider as corresponding to the two essentials for procedural law elements in the structure of communication — transmission of a message that has a meaning for the subjects of communication, and the intent of the sender of the message to induce his recipient to take a certain action. The manifestation of the main condition of communication — mutual recognition by the subjects of communication — in the content of the principle to be heard and heard by the court was found. The significance of the motives of judicial decision as a condition for the effectiveness of one of the elements of the structure of judicial communication is substantiated.

A physical layer secret key consistency enhancement scheme using constellation decision information

Secret key generation based on a wireless channel (WC-SKG) is a promising solution to address the security issues in wireless communication. However, the consistency of channel estimation between two legal communication nodes in WC-SKG is often poor due to the receiver noise, signal power, etc., leading to a low secret key generation rate (SKGR). Although there are several denoising algorithms such as orthogonal transformation to address this issue, existing schemes overlook the fact that data symbols are also affected by the channel. This results in existing schemes only using the pilot symbols for channel estimation and not fully utilizing the received signal power of the WC-SKG. To address this issue, we propose a consistency enhancement algorithm based on constellation decision information (CEA-CDI), which utilizes both pilot symbols and soft decision information of data symbols to improve SKGR. Monte Carlo simulation and numerical results demonstrate that our proposed scheme can improve performance by approximately 16 dB compared to initial channel estimation.

Wyznaczanie temporalnych granic decyzji interpretacyjnej przez sąd (w świetle orzecznictwa sądów administracyjnych)

Subject of consideration in this article remains the problem of changing direction of interpretation in judicial-administrative jurisprudence, which sometimes produces consequences similar to the effects of a legislative change. Against this background, the authors attempt to formulate a description of the practice of application of law, i.e. to present jurisprudential arguments supporting decision on the scope of application of interpreted legal norm, as well as to reconstruct underlying assumptions. Using an example of two groups of selected judgments, authors consider cases in which argumentation of the temporal scope of impact of a particular interpretative direction appears in the justifications of administrative court decisions. The analysis carried out confirms that although courts generally assume the retrospective impact of interpretation, in a situation where the content of the derived legal norm fundamentally deviates from previous interpretative practice, they seek legitimization of their actions by justifying the intertemporal decision with constitutional values. These values provide an essential interpretive framework reflecting the cultural model prevalent in the native legal communication community. If courts perceive a risk of violating the values underlying the prohibition of retroactivity, such as legal certainty or principle of trust in public authorities, they indicate reasons for limiting the temporal scope of interpretation pro futuro, or on the contrary, for its effect ex tunc. Against this background, the retrospective effect of interpretation appears not as a consequence of interpretation being made, but rather as a kind of interpretative presumption that can be rebutted or confirmed if arguments are made that allow the interpretation to apply only to future states, or that give additional suport for retrospective application of new interpretation.