Normative Texts Research Articles

Linguistic prescriptivism and the language of the laboring poor: The case of will/shall

ABSTRACT This article focuses on the effect of prescriptivism on a part of society – the labouring poor – that has not received as much attention yet. As education was socially stratified during the Late Modern English period, and elementary compulsory schooling was only introduced in 1870, the labouring poor did not receive schooling or alternative training on a regular basis, if at all. It is therefore particularly interesting to find out whether those who were able to write were aware of grammatical rules. In order to shed light on the question whether the laboring poor showed awareness of grammar rules of shall and will, this article investigates the use of these two modal verbs in a corpus of Late Modern English pauper letters. The study reveals that will was used almost categorically in the second- and third-person singular and plural, while shall is used in 65.6% of instances in the first-person singular. Thus, Late Modern English paupers tend to adhere to the grammar rules found in contemporary normative texts in a similar way to writers of the upper social layers. Additionally, certain social factors, e.g. region or addressee, seem to have had some influence on the usage of shall and will.

(Im)prescindibilidade de um marco legal e da regulação administrativa do uso da IA no Brasil: análise a partir da Resolução 332 do CNJ

Artificial Intelligence (AI) is a reality in the legal routine of several decision-making areas in Brazil. The judiciary is one of them. The adoption of AI systems has become frequent and has fostered debates about its limits and possibilities, especially regulations. With this, it is relevant to research the (in)dispensation of AI regulation in the judiciary, with an administrative or a legal regulation, especially after the publication of CNJ Resolution 332/2020. For this, the present work attempted a bibliographic research on the theme, covering scientific articles and legal and normative texts. In the end, it was understood that in a technological, global and risky society, like the current one, the regulatory intention should not be limiting, but be made up of (mandatory) parameters, under penalty of the law remaining hermetic to the possibilities that especially the use of AI can imply. The presence of AI systems in the decision-making area of ​​the judiciary is essential, but an attempt to regulate their manifestations in an exhaustive manner is essential. The conclusions also understood that an administrative regulation is better.

The dark side of law ‘in context’: ex parte populi law as a new

My strategy is to define the ‘dark side’ of law by contrast, starting from its ‘light side’. It seems to me that the latter can only be defined from what has been called the ‘logicist-positivist paradigm’ that identifies the clarity of law with the certainty of the judicial decision deduced from norms, assumed to have a clear meaning. This paradigm is based on the identity between normative text and norm, which has been commonly considered implausible by legal philosophers, but perhaps we could say by jurists, over the last seventy years. Nevertheless, the paradigm continues to be handed down and considered the framework for reflections on law. I argue, referring to Kuhn’s conception of a paradigm, that this is because the legal-philosophical thought of recent decades has been unable to develop an alternative paradigm, and I suggest that this is because the logicist-positivist paradigm appears inextricably linked to the liberal-democratic structuring of our legal systems: a law-making judge fundamentally denies the rule of the people through the legislature. As a starting point for the elaboration of a new paradigm, I propose a conception of law that is no longer regulative of people’s behaviour, but of public power. In it, the judiciary emerges as the interlocutor to whom one turns to transform the private troubles of marginalised and socially abandoned citizens into legal problems. I argue that this conception is able to recover, in the current context, the fundamental values of ‘democratic societies’.

The Arduous and the Ordinary: Embodying the Conversational Voice in the Long Nineteenth Century

This article aims to chart out a cultural history of the voice in conversation in the nineteenth century. Often understood as a period of decline of the ‘art’ of conversation, as it was defined in the eighteenth century (and studied by historians of the period), the nineteenth century was witness to a shift away from conscious cultivation. Conversation, in the nineteenth century, became the counterpoint to more formalized modes of speech like oratory and debate, and was defined as ‘natural’. As such, it also became an object of study for experts specializing in vocal health, who saw this ‘natural’ form of vocal expression as a place to see the voice in action at its least artificial. Based on the work of these experts – scientific treatises, early forays in laryngoscopy, educational work and self-help manuals – I propose an analysis of their largely normative texts that focuses on sound and vocal practice, rather than the development of scientific discourse and its disciplinary character. I borrow central concepts from sound studies, like that of the audile technique and aurality in order to do so, and place the vocalizing body at the center of this analysis.

History of the regulation of police measures from 1881

Aim: Analysis and presentation of changes in the regulation of selected police measures. Methodology: The author of the article explores and summarises the rules under which Hungarian law enforcement agencies have acted over the past 140 years. Findings: In the course of the research and in the publication, it is shown that the earlier normative text cannot be considered obsolete and that later regulation does not always represent an improvement. Value: The publication shows that the legislation of previous years can serve as a guide for current legislators.

“Des peines en général” in the French “Code pénal” of 1791

The publication is a continuation of the author’s studies on the history of judicial law of revolutionary France, with the author seeking to shed light on the sometimes underestimated first French criminal codification, adopted by the National Assembly in 1791. The researcher’s interests focus on the regulations determining the system of penalties adopted in the codification. Although the author’s dominant research method is exegesis of the normative text in the formal-dogmatic convention, the instruments of comparative legal studies have been used as well. Confronting the provisions of the code with the doctrinal assumptions and demands of the Enlightenment, the author seeks to show the complexity of multifaceted issues and specificity of the realities of revolutionary legislators, which necessitated compromises that are controversial for some researchers. Regardless of the critical remarks that have often been made about the French legislators, it is impossible to underestimate the crucial importance of the Code for the development of a European legal culture, which the author has tried to demonstrate by emphasising the pioneering nature of the law from the point of view of the development of new legal institutions.

Central Europe in the Fifteenth Century: Patterns of Conflict and Negotiation

Abstract The nine articles in this collection are the product of two workshops hosted at the University of Chicago in 2022 and 2023 in affiliation with the University of Vienna. They build on recent work that has called attention to the extraordinary political and religious diversity in the fifteenth-century Holy Roman Empire, and Central Europe more broadly. Pushing back against older historiography, in which this period was frequently overlooked or framed by uncritical use of such broad categories as the “state,” the “territory,” the “estates,” and the “feud,” this collection recognizes the polycentric nature of the fifteenth century's structures and institutions. Specifically, these articles return to the sources, especially documents of practice rather than normative texts, to open the door to a new understanding of conflicts and negotiations. They illuminate the patterns of conflict and negotiation evident in specific historical contexts by examining actors, networks, and practices of community building—as well as the processes through which conflicts emerged, evolved, and were negotiated and settled. Rather than relying on time-honored categories and meta-narratives, the contributors embrace the messiness of social and political relations and of the extant source material to shine new light on key themes in the fifteenth century's history.

Examining Domestic Violence from The Lens of Islamic Law: A Maqasid Analysis

This article aims to examine domestic violence from the perspective of Islamic law with a focus on the maqasid sharia. This study is important to present as a counter-narrative to the widespread view that Islam legalizes violence, due to the tradition of reading normative texts (the Qur'an and Hadith) in a textualist manner. This research uses a quasi-qualitative and descriptive approach and falls into the category of library research. In gathering data sources, the researcher used various instruments, such as observation and documentation or study of related documents. The primary data sources of this research are the Qur'an, Hadith, and fatwas of scholars, while the secondary data sources consist of other relevant literature such as books and journals related to the topic under study. The analysis used by the researcher includes data reduction, data display, and conclusion drawing. To clarify the validity of the data, the researcher conducted source and method triangulation. From the study conducted, this research concludes that Islamic teachings reject domestic violence and advocate for a humane and just approach within the framework of Islamic law. The prophetic tradition reinforces the prohibition against violence towards women based on the principle of mu�asyarah bi al-ma�ruf (living together in kindness) in Islam. This study encourages the goverment and related institutions to strengthen legal protection for victims and to enforce strict sanctions against perpetrators of violence.

Chathi Mai in Popular Imagination: Exploring Narratives, Worship, and Rituals in North India

This paper explores the varied narratives surrounding Chathi Mai, which do not find a mention in the normative texts. These narratives showcase the blending of religious beliefs with regional traditions in the imagination of her worshippers. Focusing on Kartika Chatha specifically, the study delves into the narratives that depict the Goddess as a healer, protector, and feminine energy tied to the Sun. Our fieldwork in Varanasi, Patna, Munger, and Sahibganj reveals diverse origin stories, showcasing the cultural mosaic of regions venerating her. The research comprehensively examines the evolutionary trajectory of Chathi Mai’s worship, emphasizing the synthesis of mythological elements and local folklore. Three key facets—the manifestation of feminine energy, the significance of the title “Mai,” and the complementary relationship between male and female principles—are explored to provide a nuanced understanding of the Goddess’s multifaceted identity in North India. The absence of normative texts enhances grassroots adaptability, allowing for localized interpretations in the popular imagination of the Goddess. Associations with the Sun god Surya and the continuity of divine male-female dynamics provide varied entry points for believers, enabling emotional connections and familial devotion. The duality of malevolence and benevolence adds complexity, making worship dynamic and responsive to challenges. Linking Chatthi Mai to Bihar’s regional identity integrates the tradition into daily life, promoting a sense of belonging. The evolving narratives contribute to the deity’s adaptability, relevance, and popularity, with potential for further research exploring folk religions’ adaptation to societal changes and the impact of evolving narratives on community dynamics.

Robert Alexy’s balancing: Why not?

Robert Alexy presents his peculiar theory of principles, especially the instrument of balancing, as a mechanism to combat judicial arbitrariness. This article investigates the powers granted to the judge by Alexy’s balancing operation: power to assign weight to the “importance” of legal goods and rights in balancing; power to discover ‘principles’ to be balanced; power to assign meaning to the normative text in order to form the input of balancing; power to identify the presence in the concrete case of a constitutional right, in order to use balancing even in cases in which the legislator has established a ‘rule’. The conclusion is that Alexy’s balancing is not a legitimate possibility in a Rule of Law, because it makes no claim to control the practically absolute powers granted to judges.

Music Education in Early Childhood Education: Influence of the General Education Law on current regulations

This study aims to analyze the evolution of the Musical Curriculum for the second cycle of Early Childhood Education in Spain from a historical perspective. Methodologically, a review and analysis of the legislative documents on Early Childhood Education from the end of the 19th century to the present has been carried out. To this end, a comprehensive review of the main legislative contributions in this context is carried out. The results reveal that since the 1980s to the present, there has been a trend toward a greater number of curricular elements in relation to the area of Music and, in addition, with respect to the different musical fields, it is seen that they too have undergone a progressive increase over time. The inclusion of the musical language within the area of Artistic Education is a premise that has remained present in all documents. The level of concretion of the normative text is discussed, which has been decreasing over time, contributing to greater freedom for the teacher when considering teaching practice in the classroom. The study of past references is considered necessary to adequately shape the new regulations, especially in a context such as Spain, characterized by constant change in the educational field.

Функционально-стилистическое своеобразие нормативного речевого жанра Schulordnung der Grundschule (на материале немецкого языка)

In the article the normative speech genre Schulordnung der Grundschule (Internal Regulations for Primary School Students) is considered on the material of the German language in the aspect of the functional and stylistic approach. The hypothesis is tested that the functional and stylistic peculiarity of the genre is the result of the interaction of formal and business style and the colloquial one, which act as the environment for the functioning of the genre and the texts actualizing it in the situation of institutional communication of adult norm-senders and children norm-recipients. The empirical material is represented by 100 text units created in accordance with the genre, the main purpose of which is to regulate the behavior of young schoolchildren while they remain in the educational institution. On the example of three stylistic features of formal and business speech – impersonality, non-emotionality and accuracy – it is shown how multi-level language means of colloquial style penetrating the normative texts violates their stylistic homogeneity, modifies stylistic features, and forms the inter-style nature of texts, reflecting the intention of addressees to take into account the cognitive and psychological characteristics of the younger subjects of the norm in the process of decoding normative messages by them. It is concluded that the genre of Schulordnung der Grundschule, as a way of selecting and combining linguistic means, shows openness towards different style inclusions, giving the addressees the opportunity to freely vary the linguistic means at their discretion in accordance with the ideas of the pragmatic effectiveness of the statement.

Facts and Rules: Incidence of the Social Environment in the Understanding and Elaboration of Law, from the Communicational Theory of Law

AbstractThe Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. The Law is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction.

PEDAGOGICAL OPPORTUNITIES FOR THE DEVELOPMENT OF READING LITERACY IN A SCHOOL SOCIAL SCIENCE COURSE

The formation of reading literacy is an important component of the school’s social studies course, as it promotes the development of critical thinking skills, information analysis, self-study of sources, and also allows you to get a broad overview of knowledge about social processes and phenomena. In today’s information-rich world, the ability to analyze and understand texts is becoming increasingly important. Reading literacy allows students to consciously work with texts, identify their main idea, arguments and evidence, and evaluate the reliability and reliability of in- formation. It also helps students distinguish facts from opinions, recognize rhetorical techniques and logical errors in the text. Through the study of texts of a social science orientation, students learn about various social problems, political and cultural phenomena, as well as about the historical and modern development of society. This helps them develop analytical thinking and form their own position on various social issues. The article presents options for tasks when working with various types of text in a school social studies course: scientific and popular science texts, normative texts.

Терминология института освобождения от ответственности в гражданском праве

The study of the Institute of exemption from liability for breach of obligations is a very relevant topic, due to various kinds of emergencies occurring in the world that affect the fulfillment of obligations by the parties. The article examines the normative concepts that serve as the name of cases when the responsibility of participants in business relations for violation of obligations does not occur. These are the concepts of "exemption from liability", "exclusion of liability" and "elimination of liability". The existence of such different terms in legislation and scientific doctrine, in relation to exemption from civil liability, causes discussion, does not contribute to a uniform understanding and practical application of civil law norms. With the help of general scientific and private scientific methods of cognition, in particular, formal legal, structural and functional, the author analyzes and compares the concepts of "exemption from liability", "exclusion of liability" and "elimination of liability" in order to establish the grounds for the application of these concepts. The article concludes that the criterion for distinguishing concepts from each other and from related legal categories is the presence or absence of elements (conditions) of the offense. The analysis of legal doctrine, legislation and judicial practice, in relation to the concepts of exemption from civil liability, showed that each of the studied terms carries its own content load. Applying different concepts of the institution of exemption from liability, it is necessary to take into account that the term can be either the result of conciliatory actions of the parties to the contract, or follow from the requirements of the norms of the Civil Code of the Russian Federation. In the field of business relations, exemption from liability comes depending on the evidence or lack of evidence of certain circumstances. In the presence of certain conditions, exemption from liability is an exceptional measure aimed at ensuring the stability of economic activity. The paper concludes that it is advisable to introduce a legal definition of the concept of "exemption from liability" into civil legislation, in view of the existing problem of distinguishing between exemption and exclusion of liability. The author defines the concept of "exemption from civil liability". In order to move to a uniform terminological unity, in the norms on exemption for violation of contractual obligations, it is suggested that the concept of "elimination of liability" should be excluded from the normative text, as duplicating the legal meaning of the concept of "exemption from liability".

The Military Orders and Women of the Nobility in the Crusader States

To assess the interaction between the military orders and women of the nobility in the Crusader states neither the narrative sources’ scattered anecdotes nor the normative texts’ stipulations pertaining to women are particularly useful or representative. Focusing on the kingdom of Jerusalem and, to a lesser extent, the principality of Antioch and the county of Tripoli in the twelfth and thirteenth centuries, this article considers examples from the charter evidence to appreciate the impact of queens, princesses, countesses, and noble ladies on the history of Templars, Hospitallers, and Teutonic Knights. The first part highlights the significance of consent-giving; the second part takes a closer look at activities where ladies functioned as primary agents, namely, as issuers of charters; and the third part presents a case study of Lady Juliana of Caesarea ‒ a benefactress of both Hospitallers and Teutonic Knights in the late twelfth and early thirteenth centuries ‒ whose husbands (despite their dominus/“lord” titles) only participated in the administration of her lordship iure uxoris (i.e., on the basis of Juliana’s legal title); who became a consoror (i.e., a “fellow sister”) and chose the Hospital of St. John as her final resting place; and whose second husband, Aymar of L’Ayron, later joined the Hospitallers and served as their conventual marshal during the Crusade against Damietta.

Vulnerability of supremacy and security of the constitution of the Republic of Moldova in the constitutional review procedure

The study is devoted to the legal analysis of the Draft Law No. 35/2023 adopted in the first reading by the Parliament of the Republic of Moldova on 2 March 2023 (and some accompanying materials), aiming to assess how the legislator has complied with the legal requirements in the field of drafting the normative text of the draft, as well as the rules of legislative procedure. In conclusion, it is found that the current regulatory framework has been violated, especially with regard to the amendment of the text of the Supreme Law, which highlights the high level of vulnerability of the supremacy and security of the Constitution of the Republic of Moldova and justifies the need for urgent measures to prevent and counteract such vicious legislative practices.

Frieden vermitteln auf neuem Terrain

Abstract This article presents the text of the instructions imparted by Cardinal Secretary of State Alderano Cybo to Luigi Bevilacqua, the apostolic nuncio and mediator at the multilateral peace congress of Nijmegen (1676–1679). It also offers a historical contextualization of the source, found in the Archivio Bevilacqua Ariosti in Bologna. The instructions reflect a change in Papal diplomacy, which remained active among the European powers even after the peace of Westphalia. By sending a nuncio into Protestant territory, Pope Innocent XI’s curia increasingly tended to integrate itself into the secularising diplomacy. During the peace negotiations, the Holy See tried to fulfil its ideal role as a padre comune, entailing strict impartiality between the conflicting Catholic parties. The orders regarding contacts with Protestant actors and interests are an example of the flexible dialogue of a normative text with the changing circumstances of 17th-century diplomatic practice. Although the wording reflects the intransigent tradition of the Holy See, the instructions show clear signs that the Protestant presence at the congress was handled pragmatically. On site, Bevilacqua even tried to go further and expand the recently established norm in favour of an effective interaction with Protestants, but ultimately failed.

A collection of no authority: canon law and the Collectio 91 capitulorum

Normative texts need to be authoritative to be effective in communicating norms and rules. Recent scholarship has shown a renewed interest in the authoritative status of the texts within early medieval works of canon law and the ways in which authority is reflected in the practice of attribution, promulgation, or organization. A small canonical collection known as the Collectio 91 capitulorum appears to flout the received knowledge. The current article presents this modest collection. It explores the relationship between ‘authority’ and canon law in general, and examines the negotiation of authority within this collection in particular.

Wirtschaftssanktionen im 13. Jahrhundert

Abstract The history of medieval economic sanctions is currently both known and unknown. Many instances of their deployment have been acknowledged or analysed in the context of the conflicts they were part of, like the 1205/1206 blockade of the Rhine as an element in the struggle between Philipp of Swabia and Otto of Brunswick. On the other hand, research in Medieval Studies that puts economic sanctions centre stage is still an emerging field. This paper argues that a broader investigation of episodes of economic sanctioning in the narrative sources is a sensible next step to develop this field, since it would bring the triple advantages of expanding its current geographical and prosopographical scope beyond the ecclesiastic Mediterranean ( 1 ), of putting its currently prevailing focus on normative texts into context ( 2 ), and of obviating the more unnecessary pessimisms currently characterising evaluations of medieval economic sanctions ( 3 ). To show the potential of narrated medieval sanctions episodes to inform our understanding of economic thinking around medieval economic sanctions, three examples from 13th-century historiography are analysed: the above-mentioned blockade of the Rhine, a smugglers’ tale in Matthew Paris’s ‘Cronica Majora’ against the backdrop of papal embargo legislation, and Salimbene of Parma’s report on third-party participation in a Venetian blockade of the river Po.