Search result: 9 articles

x
The search results will be filtered on:
Journal European Journal of Law Reform x Year 2014 x
Article

Living in the Past

The Critics of Plain Language

Journal European Journal of Law Reform, Issue 3 2014
Keywords plain language, legal drafting, legislation, professional responsibility, legalese
Authors Derwent Coshott
AbstractAuthor's information

    This article addresses three core complaints that are frequently levelled by critics of plain legal language: (1) It will reduce reliance on lawyers; (2) It is uncertain and will lead to greater litigation; and (3) Legal writing is, and should only be, for a legally trained audience. The article develops a definition of plain language that reflects a more contemporary understanding. It demonstrates that the three core criticisms misrepresent this understanding and are unsustainable with regard to lawyers’ duty to clients, the role of legislation as public documents, and modern commercial realities.


Derwent Coshott
BA (Dist) (UNSW) JD (Syd) GradDipLegalPrac (ColLaw) LLM (Syd). PhD Candidate and Casual Lecturer at the University of Sydney.
Article

Plain Language in Legal Studies

A Corpus-Based Study

Journal European Journal of Law Reform, Issue 3 2014
Keywords legal discourse, metadiscourse, epistemic modality, personalization, code glosses
Authors Michele Sala
AbstractAuthor's information

    This article investigates the influence of Plain Language in legal academic research. The Plain Language Movement (PLM) in Anglophone cultures and Common Law systems considerably affected the way legal experts and practitioners use the language in professional contexts, both in writing and in oral situations. The assumption at the basis of this investigation is that the exposure to and experience with this way of using the language in professional settings is likely to have influenced the way experts write in research-related and pedagogical contexts.
    Based on a comparison between a subcorpus of 40 research articles (RAs) written by English, American, and Australian authors and 40 RAs authored by experts working in Civil Law contexts – thus not affected (at least not so distinctively) by PLM ideology – this article seeks to establish the main differences in the two subcorpora especially at the interpersonal level of discourse and, more precisely, in the use of metadiscursive interactional strategies such as epistemic modality markers and personalization – both intended to facilitate interpretation by controlling assertiveness and lexicalizing the rhetorical figure of the author – and interactive metadiscourse markers like code glosses – which are meant to paraphrase or reformulate meaning to both simplify and bias the interpretive process.


Michele Sala
Michele Sala is a researcher in English Language and Translation at the University of Bergamo, Faculty of Foreign Languages, Literatures and Communication Studies.
Article

Making EU Legislation Clearer

Journal European Journal of Law Reform, Issue 3 2014
Keywords European Union, transparency, openness, clarity of legislation
Authors William Robinson
AbstractAuthor's information

    This article looks at the clarity of the legislation of the European Union (EU), in particular the clarity of the language used. It sketches out the basic EU rules on transparency and openness, past expressions of concern for clearer EU legislation, and the response of the institutions. Finally, it considers briefly some ways to make EU legislation clearer.


William Robinson
Associate Research Fellow at the Institute of Advanced Legal Studies, University of London, formerly coordinator in the Quality of Legislation Team of the European Commission Legal Service.

Giulia Adriana Pennisi
Giulia Adriana Pennisi is a Tenured Researcher in English Language and Translation at the University of Palermo (Italy), where she teaches English linguistic courses at graduate and undergraduate level. She is an Associate Research Fellow in the Sir William Dale Centre for Legislative Studies, Institute of Advanced Legal Studies, University of London.
Article

Democracy, Constitutionalism and Shariah

The Compatibility Question

Journal European Journal of Law Reform, Issue 2 2014
Authors A.T. Shehu
Abstract

    This article is a contribution and a response to the debate on the compatibility, or rather the incompatibility, of Islam and Shariah with democracy and constitutionalism. The debate has been both inter and intra; Muslims as well as non-Muslims are divided among themselves on the issue. A careful synthesis of the arguments on both sides shows fundamental problems of semantics and lack of proper appreciation of the issues involved because of divergent construction of the basic rules and normative concepts. This article identifies as a problem the tendency for cultural prejudice and intolerance to largely determine the direction of the debate and endure not only a ‘clash of civilizations’, but also, in reality, a clash of normative concepts. This article contends that Islam is more democratic in nature and that Shariah itself is a system of constitutionalism; needless to say, the objectionists have long forgotten that, in essential formulations, Shariah is the foundation of thoughts on human rights.


A.T. Shehu
Article

The Manifestation of Religious Belief Through Dress

Human Rights and Constitutional Issues

Journal European Journal of Law Reform, Issue 2 2014
Keywords religion, religious freedom, burqa, hijab, Muslim
Authors Anthony Gray
AbstractAuthor's information

    Jurisdictions around the world continue to grapple with the clash between religious freedoms and other freedoms and values to which a society subscribes. A recent, and current, debate concerns the extent to which a person is free to wear items of clothing often thought to be symbolic of the Muslim faith, though the issues are not confined to any particular religion. Bans on the wearing of this type of clothing have often (surprisingly) survived human rights challenges, on the basis that governments had legitimate objectives in banning or restricting them. A pending case gives the European Court another chance to reconsider the issues. It is hoped that the Court will closely scrutinise claims of legitimate objectives for such laws; perceptions can arise that sometimes, governments are pandering to racism, intolerance and xenophobia with such measures, rather than seeking to meet more high-minded objectives.


Anthony Gray
Professor of Law, University of Southern Queensland, Australia.
Article

Wrongful Testing and Its Lively Consequences

Journal European Journal of Law Reform, Issue 1 2014
Keywords wrongful life, wrongful birth, comparative law, best interests of the child, balancing convictions
Authors W.Th. Nuninga
AbstractAuthor's information

    In this article a consecutive comparison will be made between the approaches taken towards wrongful birth and wrongful life cases in the Netherlands and in England and Wales. The systems will be evaluated in the light of the best interests of the child, the balance struck between all moral convictions involved, and legal fairness. It will be argued that the approach taken in the Netherlands is more favourable in most respects, but could improve the balance between all moral convictions involved and could enhance legal fairness by limiting the claim for material damages to costs associated with the disability of the child.


W.Th. Nuninga
W.Th. Nuninga is a Legal Research Master’s student at Utrecht University.
Article

Judicial Case Management and the Complexities of Competing Norms Occasioned by Law Reforms

The Experience in Respect of Criminal Proceedings in Botswana

Journal European Journal of Law Reform, Issue 1 2014
Keywords case management, Botswana, criminal proceedings, law reform, subpoena
Authors Rowland J.V. Cole
AbstractAuthor's information

    The Botswana judicial and legal system has undergone a wave of reforms over the past few years. These reforms include judicial case management, which was introduced to reduce unnecessary delays and backlog in the hearing of cases. The introduction of judicial case management necessitates a revision of the rules of court. While the rules of the courts principally relate to civil proceedings, criminal proceedings are principally regulated by the Criminal Procedure and Evidence Act. However, the revised rules of court contain provisions that seek to bring criminal proceedings in line with judicial case management. A number of these provisions are inconsistent with the Criminal Procedure and Evidence Act. This presents problems for the implementation of these rules as the Criminal Procedure and Evidence Act is superior to the rules in the hierarchy of laws. Consequently, the implementation of judicial case management in criminal proceedings may prove to be an arduous task, and urgent harmonisation of the competing provisions is required.


Rowland J.V. Cole
LLB (Hons) (Sierra Leone), LLM (UNISA), LLD (Stell), Senior Lecturer, Department of Law, University of Botswana.
Article

The Costs and Consequences of US Drug Prohibition for the Peoples of Developing Nations

Journal European Journal of Law Reform, Issue 1 2014
Keywords U.S. drug policy, drug prohibition, War on Drugs, human rights, U.N. Declaration on the Right to Development
Authors J. Michael Blackwell
AbstractAuthor's information

    The widespread production and use of illicit drugs is a social phenomenon carrying enormous social, economic, and political significance. The United States stands as a vocal and forceful proponent of prohibitionist drug controls in international policymaking. However, strictly enforced US prohibitionist drug controls largely fail to effectively reduce the consumption of narcotic drugs and ultimately create a significant number of negative consequences for many peoples throughout the world. The increased violence, government corruption and community sequestration that result from the war against drugs are deleterious to economic development among rural communities in drug producing countries. In response to these concerns, this article examines the purpose, effects and consequences of the prohibitive drug controls routinely employed by the United States. Special attention is paid to an oft-overlooked repercussion of prohibitive drug controls: the marginalisation of developmental human rights for peoples in drug producing countries.


J. Michael Blackwell
J.D. candidate, Indiana University Robert H. McKinney School of Law, 2013; A special thanks to family, friends and Dr. Frank Emmert for guidance and support.
Showing all 9 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.