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Journal of the Polish Section of IVR (ISSN:2082-3304)

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Identification of Procedural Acts Performed at the Trial: Considerations in the Context of the Actual Utterances of Non-professional Participants of Court Proceedings

Dr Karolina Gmerek

University of Szczecin

English abstract: The empirical research of the communication process at the trials which were held in common courts indicated, in particular, that the utterances of trial participants, despite their varied verbal forms, were identified as procedural acts. In addition, these verbal forms were often significantly different from the explicit forms where proper legal terms were used. The aforementioned results of the analysis lead the author to pose the following question: what thought processes (mechanisms) allow for the identification of procedural acts based on the utterances which are not explicit for the performance of these acts. The aim of this paper is to describe these types of mechanisms. The utterances of participants of a trial illustrate the issues taken into consideration in this paper.

Keywords: conventional acts, procedural acts, identification of procedural acts, trial, interpretation of procedural statements

Language: Original printed in Polish, English translation available below

Published: Number 1(22)/2020, pp. 21-36.

DOI: https://doi.org/10.36280/AFPiFS.2020.1.21ENG

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Number of downloads: 183

Filed Under: Articles Tagged With: conventional acts, identification of procedural acts, interpretation of procedural statements, procedural acts, trial

Intertextuality in trial

Mgr Karolina Gmerek

University of Szczecin


English abstract:
The aim of this article is to present a permanent part a of trial which is a phenomenon of intertextuality. The phenomenon co-creates the model of trial (seen as a complex communication event). The analysis of intertextuality is conducted on the basis of normative sources of the model of trial and the material recorded during field research in the courtroom. The examples of communication acts and events used in the article are: (1) components of the normative model of trial; (2) created due to communication practice; (3) examples of the normative model of trial contravening. The specific aim of this article is to describe structural and functional aspects of these communication acts and events, which are created due to communication practice.

Keywords: intertextuality, trial, courtroom discource

Received: 30.09.2016
Accepted: 15.11.2016

Language: Polish

Published: Number 1(14)/2017, pp. 34-51.

Download file: Download
Number of downloads:
256

Filed Under: Articles Tagged With: courtroom discource, intertextuality, Karolina Gmerek, trial

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Keywords

US case law sovereignty basic social structure factual model Paulus Vladimiri exploitation Russian philosophy of law fairness moral luck global law bartłomiej dębski border persons is-statements accountability of judges dealing with the past legal ethics derivative Bruno Latour Edward Abramowski prototype theory Agamben semantic sting Otto von Gierke nihilism opt-out model transmission easement declaration of will Mariola Żak discrimination human rights strict scrutiny test extraordinary appeal politicisation Chinese law postulate of criticism practical reasoning protection of the memory of the deceased provision of the law economic theory of law effectiveness of law interpretive methodology Jakub Łakomy małgorzata król substantive inclusion vetting michał peno Maciej Wojciechowski biopower Hart-Dworkin debate contextualism

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