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Введение. Прецедентность представляет собой весьма значимое явление для современной лингвистической науки. Прецедентность и прецедентные феномены изучаются лингвистами в различных аспектах и сферах. Исследуется прецедентность в политическом дискурсе. Целью является сопоставительное исследование национально-прецедентных феноменов, функционирующих в русскоязычном политическом дискурсе, а также в переводе на английский язык. Задачи исследования состоят в определении методологии, осуществлении отбора материала и определении наиболее адекватных способов перевода прецедентных феноменов русскоязычной культуры на английский язык. Материал и методы. Методология исследования основывается на теории когнитивной лингвистики с применением методов когнитивного моделирования, дискурсивного анализа, сопоставительного анализа. Для отбора материала исследования использовался метод сплошной выборки. При обобщении, систематизации и анализе материала применялся также описательный метод. Материалом исследования послужили тексты выступлений В. В. Путина, опубликованные на официальном сетевом ресурсе Президента РФ. Результаты и обсуждение. В результате проведенного исследования было обнаружено, что политический дискурс является весьма продуктивным для создания национально-прецедентных феноменов в силу своей специфики. Прецедентные феномены в политическом дискурсе обладают своей спецификой, как правило, источником прецедентности служит сфера политики либо исторические события конкретной национально-культурной общности. Прецедентные феномены в политической лингвистике сравнительно недолговечны. Наиболее часто они представлены прецедентными текстами, именами и высказываниями. При переводе национально-прецедентных феноменов для создания эквивалентного перевода применяются конкретизация, поиск фразеологических эквивалентов и аналогов. В некоторых случаях прецедентность при переводе полностью утрачивается, но в любом случае для интерпретации национально-прецедентных феноменов необходимы знания о национально-специфичных культурных источниках прецедентности. Заключение. Таким образом, национально-прецедентные феномены представляют собой значимую характеристику политического дискурса, служат связующим звеном между адресатом и адресантом, придают живость и образность речи в политическом дискурсе. С другой стороны, их национальная специфика служит дополнительной сложностью при переводе и часто требует наличия некоторых экстралингвистических знаний для их дешифровки и адекватного восприятия.

În prezentul articol am cercetat aspectele teoretice și practice ce vizează rezolvarea chestiunilor de control judiciar prin apelare la practica Curții Europene a Drepturilor Omului, determinând în cadrul procesului penal național a naturii juridice și etalarea raționamentelor de aplicare a acesteia. De asemenea, am abordat perspectivele de utilizare a jurisprudenței ca izvor de drept în cadrul procesului penal cu relevarea particularităților și avantajelor aplicabilității jurisprudenței CtEDO în cadrul procesului penal. Prin cercetarea efectuată a fost realizată o investigație complexă a aspectelor teoretico-legislative privind aplicabilitatea jurisprudenței CtEDO în cadrul procesului penal în sfera realizării controlului judiciar la faza urmăririi penale. În lucrare sunt formulate concluzii și recomandări care pot constitui un fundament științific pentru eventualele modificări legislative.

Why are project leaders of radioactive waste geological disposal centre projects interested in the Giza pyramids, tsunami markers or time capsules? What are they looking for as they venture into the fields of landscape archaeology, archival science and the cognitive processes of intergenerational transmission? Based on a study of the reports produced by the teams of researchers mobilized in the early 1990s by the US Department of Energy and those from the Nuclear Energy Agency’s international Preservation of Records, Knowledge and Memory across Generations program, this article aims to better understand the ways in which the actors involved in such projects try to ensure a memory capable of withstanding the multi-millennia durations engaged by certain types of radioactive waste.

The present essay examines the nature of the creation activities contained in the decisions listed in article 927 of the Brazilian Civil Procedure Code of 2015 (BCPC/15) and its possible consequences for the Brazilian constitutional jurisdiction, as well as its central function seeking to separate between traditional jurisdiction (centered in the application and only secondarily in the creation of law) and the activities listed in article 927 of the BCPC/15 (centered in the creation of law).

This article examines the institutions introduced in the Colombian legal system by Law 1437/2011 on the binding force of the precedent. It also verifies whether the comprehensive reform of these institutions under Law 2080/2021 addresses or solves the main problems arising from using the precedent because of regulatory gaps on the subject. Through a case study manifesting the issues produced by these regulatory gaps, we conclude that due to the procedural narrative under which this reform was conceived, Law 2080/2021 did not address the substantive interpretive problems related to the unification judgments and other instruments created by administrative authorities to positivize precedents in Colombia. Finally, the article clarifies that the reform did not address any substantive discussions about controls on judges' role in law-making, even though it continued the path traced since 2011 to strengthen judges' competence. [ABSTRACT FROM AUTHOR]

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Copyright of Annals of the Faculty of Law in Belgrade is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper aims to explain how Russia used the Kosovo-precedent formula in the conduct of its aggressive foreign policy in the last 22 years after Vladimir Putin became for the first time president of Russia. At first it investigates in detail the road to independence in the case of Kosovo and takes a look at the two different theories developed in this context, the special case argument and the theory of precedent. After finding that the Kosovo question is a political rather than a legal one and that the West has failed to explain without any doubt how Kosovo does not set a precedent for other conflicts, it shows how Russia had played the Kosovo card in three defining cases for the aggressiveness of its foreign policy: the recognition of Abkhazia and South Ossetia after the Russian-Georgian War in 2008, the annexation of Crimea in 2014 and the recognition of the two separatist republics in eastern Ukraine, Donetsk and Luhansk, followed by the Russian Invasion of Ukraine. In the end, it demonstrates that Russia had used the diplomatic inability of the West in its own favour, by violating basic international law and threatening peace and security in Europe. [ABSTRACT FROM AUTHOR]

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This article aims to reconsider the significance of the controversy surrounding Queen Munjeong's (1501–65) reinstatement of the two Buddhist orders, Seon (meditation) and Gyo (doctrine), by using it as a window onto the nature of politics in the Joseon Dynasty. Queen Munjeong's restoration of Buddhism has received significant scholarly attention since the early 1990s, and most studies agree that the queen mother was able to bring her pro-Buddhist policy to fruition thanks to her supporters, i.e. officials loyal to her. Nevertheless, these allies were also found to have articulated opposition to her pro-Buddhist policies. Thus it would be logical to query what significance the disputes might have had in the context of early and mid-Joseon political dynamics. In King Myeongjong's reign, the monarch had to share power with the high-ranking officials and bureaucrats; the scholar-officials were acting as arbiters and the king sought their approval prior to taking any action. In case of a dispute, precedents were invoked to substantiate one's claim. By closely reading the contestations, I argue that Queen Munjeong's restoration of the Buddhist orders was an aborted attempt at establishing a precedent that the throne could use to its advantage in its attempts to wrestle back control from the scholar-officials. [ABSTRACT FROM AUTHOR]

The fear of setting a precedent is a much-rehearsed argument used by Western museums to refuse the return of cultural heritage objects to their country of origin. After proposing to consistently distinguish among returns, restitutions, and repatriations as distinct phenomena, the article details three reasons that contradict this fear of setting a precedent: as each case is historically situated, one agreement is not easily transposable to other cases; the current practice of returns does not suggest that massive transfers are looming; and, most importantly, there is no will or plan, among experts and political authorities in claiming countries, to ask for massive returns. In turn, the fear of setting a precedent does open questions about the future museums: are universal museums at risk of disappearing? The museum as an institution is hardly at risk, as objects returned to another country will continue to live in the world of museums. Western universal museums should see return claims as an opportunity to rethink their mission and relations with other museums worldwide rather than a threat. [ABSTRACT FROM AUTHOR]

This article examines the part of judicial decision grounds known as obiter dictum. As this notion is inherent to legal systems applying the doctrine of precedent, the article considers whether it has any relevance in the Czech Republic. It addresses and compares the meaning and effects of obiter dicta in England and Wales and the Czech Republic and points to the existence of additional and specific importance attributed to them in the Czech legal system. Consequently, the article assesses whether it is appropriate to write obiter dicta statements in Czech judicial decisions and whether their use in the Czech legal system is relevant and justified. [ABSTRACT FROM AUTHOR]

The process of entering the European legal space requires law enforcement not only to study the written Community law but also case law. Knowledge of the specifics of the Court of Justice of the European Union (the Court, the Court of Justice) is extremely important from a practical point of view, because it is the Court has a monopoly on the interpretation of the EU law, including the Association Agreement between Ukraine and the EU. The main problem in this matter is the precedent nature of the decisions of this Court and the orientation in decision-making for political purposes. If domestic lawyers have more or less learned to work with precedent decisions in view of the case law of the European Court of Human Rights, the political motivation of the Court in favor of the EU in the national practice of Ukraine is new. The purpose of the article is to determine the place of the Court in the political system of the European Union and to analyze the impact of its acts on the latter. To establish the legal nature of the decisions of this Court, as well as to compare them with the acts of the European Court of Human Rights (the ECtHR), which are not new to domestic lawyers. An important component of the EU's political system is the Court, which is seen even as a part of mechanism of checks and balances within the Community, and even (along with its judicial function) as a legislative body. Instead, the Court of Justice has formulated the principle of the rule of the EU law (in relation to the national legal systems of the member states), which in its meaning can be equated to the founding treaties. Even more: if the latter were the result of harmonization of the wills of the member states, the Court formulated this principle alone. In the Case of Costa v. ENEL, the Court of Justice stated: "Unlike general international treaties, the EEC Treaty by virtue, has become an integral part of the legal systems of the Member States and the provisions of which must be adopted by their courts.» Although the Court of Justice's statement on the separation of the Community law from international law was not based on any legal principle, it in itself separated it. The court declared it so. Thus, the Court of Justice from the outset assumed additional powers as a political body, and later a large number of concepts of the EU law became the product of its case law. At the same time, neither the treaties on formation, nor the secondary legislation or the decisions of the Court of Justice itself establish a formal rule of binding precedent. The law of the Court of Justice of the EU is closer to the case law and serves as a source of the EU law, and given the existence of hierarchy, its practice acquires the features of precedent in the form of stare decisis (to decide as previously decided). Instead, the ECtHR judgments have the features of a precedent in the form of res judicata rule (an issue finally decided by a court cannot be re-examined by the same court or a court of parallel jurisdiction). [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Author provides the results of a comparative analysis of two classically differentiated by legal scholars national legal systems – the American and Russian systems. Obviously, the announced legal systems represent two of the main categories of legal systems: common law and Roman law. Considered traditionally as part of common law, the Author investigates distinctive attributes of American federal and state law, proving the fact of integration of significant features of Continental Europe and Anglo-Saxon legal systems. The article also contains an analysis of the legal nature of the case-law of the European Court of Human Rights and its distinguished place as a precedent (which is the main common law attribute) and source of law in the Russian Federation.

This article aims at presenting a concise analysis of Zygmunt Ziembiński’s advanced theory of sources of law, emphasising the importance of the theory and its numerous aspects. The significance of this conception is related to the period of time (the 1960s) when it was formulated, and also to the ideas that it expresses. The conception of Zygmunt Ziembiński covers various dimensions and applies to fundamental problems of jurisprudence, such as what is the law, why is it binding, and how it should be applied. Zygmunt Ziembiński’s advanced theory of sources of law determines and should further develop certain approach to the study of law. His concepts form the foundations of the so-called Poznań-Szczecin school of law. The research covers primarily academic works of Zygmunt Ziembiński written over the course of many years. Methodological approach is based on the analysis of his works within the framework of his times as well as in the context of contemporary theory of law.

It is known that precedent, as a form of justification endowed with the authority of those who pass it, invariably unfolds upon the juridical phenomenon, especially regarding legal reasoning, and serves, to a greater or lesser extent, to conform the ruling of analog future cases. Under this notion that it was once established the maxim of treat like cases alike, which in turn serves as a rational mainstay for the system commonly referred to as stare decisis. If, then, precedent’s ability to conform is a given, it remains, however, to comprehend what is exactly a precedent; what makes a past court decision be materially a precedent for future judgments. It is endeavoring to answer this question that this essay aims to define precedent so as to ultimately assert that precedent will be that decision in which, at the moment of its interpretation by the later judge, it is identified: a pretension of universalizability based on Kant’s categorical imperative’s principle of universalizability, and the occurrence of an operative interpretative exercise capable of enriching the legal rules of which positive law avails itself. With these two criteria one can identify to which decisions should be assigned the quality of precedent in order to then be made possible to systematize the model of judicial precedents established by the 2015’s Code of Civil Procedure.

This text is about a proposal to rationalize the Brazilian appellate system, aligning the binding precedents to the compliance of the constitutional complaint. In this line, an analysis will be carried out from the formation of judicial decisions, in the light of integrity, up to the formation of precedents and their consequent application and binding to other ordinary instances.

The article focuses on the problem of expert examination of electronic educational resources (EER), which present complex information and pedagogical systems as they are, from a viewpoint of searching and resolving inconsistencies between their components. To look for contradictions we propose the PN-method as a tool, which originates in the theory of solving inventive problems and is a further systemic development of its most famous part regarding a deal with inconsistency in innovative solutions. The choice of the PN-method is made due to its logical rigor and great potential for solving creative problems. These factors qualitatively distinguish the method from previously known approaches applied to similar problem situations that are based on other methods of identifying and resolving a narrow circle of inconsistency. The adaptation of the terms “contradiction in space” and “a contradiction in time” to expert examination of EER is explained. We also describe algorithms of searching for inconsistencies based on the PN-method in information and pedagogical systems, consider inconsistencies in the complete didactic cycle of mastering learning material presented in the EER, taking into account all the significant components of the teaching process and cause-effect relationships between them. The article exhibits tools for resolving inconsistency using methods based on the counterargument procedure and the technology of training on precedents, as well as examples of their use in practice.

The scarcity of craftsmanship in our society is the result of modernist philosophies that celebrate mass production, mechanized industry, exponential economic gain and a corporate/developer-led economy. This relatively recent rupture in thousands of years of human history has led to the loss of generations of valuable knowledge and of an understanding of life stretching beyond material face value. A reconciliation between the traditional values of craftsmanship and contemporary technological advances has been at the core of my practice for over three decades. Here, the need for the “Architect Craftsman” is presented as an alternative approach to the egocentric modernist figure of the “Architect Artist” that has in recent times so widely informed our ways of building.

The aim of this article is to show difficulties arising when courts judge the negligence of dog owners in absence of precise legislation and typical precedents. We analyze the elements of a crime in two cases where children were objects of canine aggression, and show how the courts constructed the issue of dog owners’ negligence. In Case 1 the Court of Appeal found that a foster parent was not negligent when leaving a boy with specific needs alone with a heavily built dog that then repeatedly bit the boy to death despite the owners attempt to pull away the dog. The court also ignored the signs of substandard animal husbandry including previous severe incidents where the dog owner also was injured. In Case 2, the Court of Appeal instead found that the breed of the dog also matter, and that not even adult presence is enough to protect a child from dog attack. Because both the child and the dog could behave unpredictably, continuous observation and supervision was required. In both cases, measures to prevent the incident were available and would have been easy to carry out.

This is the third in a series of three articles relating to English law contracts. In this third article we cover more general points to be borne in mind when using an English law governed precedent as the starting point for producing a draft agreement governed by Spanish law. [ABSTRACT FROM AUTHOR]

In this article we have looked into the content of the concept of case law of the European Court of Human Rights, determining in the national criminal process the legal nature and the presentation of the reasons for its application. We have also addressed the premises of using case law as a source of law within the criminal trial, highlighting the particularities and advantages of the applicability of the case law of the E.C.H.R. within criminal trial. Through the research carried out, it has been conducted a complex investigation of the theoretical-legislative aspects regarding the applicability of the case law of the E.C.H.R. within the criminal trial as a source of law. The paper formulates conclusions and recommendations that can represent a scientific basis for possible legislative amendments. In the present study, we reiterated the most current theoretical-applicative issues, as well as the methodological aspects regarding the applicability of the case law of the E.C.H.R. in the criminal trial, being revealed some concepts of major importance for the national doctrine and practice. [ABSTRACT FROM AUTHOR]

Copyright of Studia Slavica Academiae Scientiarum Hungaricae is the property of Akademiai Kiado and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The objective of this work is to analyze the conditions of creation, abrogation and application of the precedents. For this, we will take as a reference the jurisprudence of the Chilean Constitutional Court on the protection of unborn babies. We will proceed as follows: first, an introduction to the problem is made. Secondly, the Chilean constitutional precedents on the matter are presented. Third, the basic terms to understand the problem will be defined: precedent, stare decisis and ratio decidendi. Fourth, some of the rules most frequently present in our legal systems that regulate the existence of precedents are exposed. Fifth, the different types of abrogation of precedents are presented, analyzing whether any of the precedents of the Chilean discussion have been eliminated. Sixth, we will address the criteria of applicability in the face of incompatible precedents. The article ends with a few brief conclusions. [ABSTRACT FROM AUTHOR]

Egyptian temples and priests reshaped the Egyptian legal system throughout the first millennium BCE, as a result of both temple autonomy and state authority. In the early Third Intermediate Period (c. 1069–850 BCE), royal enforcement of laws diminished, and temples filled this vacuum by extending the use of judicial oracles, both to resolve disputes, and to document transactions. In the late Third Intermediate Period (c. 850–664 BCE), the temples decreased the use of judicial oracles, and introduced temple notary contracts to document transactions. Temples thereby established that written documentation took precedence over verbal witnesses, and they also developed systems of legal procedures employing these temple notary contracts. In doing so, the temples encouraged individuals to invest in private property. In the Saite and Persian Periods (664–332 BCE), resurgent royal and later imperial authorities brought uniformity to the forms of temple notary contracts, and to the system of legal procedures employing them. The temples may have produced codes of laws and legal procedures at this time, if they had not done so already in the late Third Intermediate Period. Priests also introduced the practice of antiquarian legal scholarship, to establish ancient legal precedents. Finally, in the Ptolemaic Period (332–30 BCE), the royal authorities continued to regulate temple courts and temple notaries. Nonetheless, they accepted at least some claims based on antiquarian legal scholarship by priests. [ABSTRACT FROM AUTHOR]

In previous work, I showed how the "reason model" of precedential constraint could naturally be generalized from the standard setting in which it was first developed to a richer setting in which dimensional information is represented as well. Surprisingly, it then turned out that, in this new dimensional setting, the reason model of constraint collapsed into the "result model," which supports only a fortiori reasoning. The purpose of this note is to suggest a modification of the reason model of constraint that distinguishes it from the result model even in the dimensional setting. [ABSTRACT FROM AUTHOR]

Technology and law both rest upon, acknowledge and borrow from their forebears, but the trajectory of technological development is distinct from legal precedent. The former thrives on innovative and creative leaps where non-linear progression is celebrated. The latter derives purpose and respect from its conservatism and predictability, adhering to established traditions. At moments of technological rupture, the law's path forward becomes uncertain. By taking the advent of the photographic camera as its focus, this article comments upon the ways in which the law grapples to smooth over technological rupture and naturalize the outcomes of its often ambiguous and hesitant decisions. As the gendered battle for rights in a photographic image during the last few decades of the 19th century shows, the primary owner of copyright in a photograph was not naturally or obviously the photographer. This article encourages us to reflect upon moments of technological rupture and the process by which the once achievable or feasible becomes absurd or forgotten. [ABSTRACT FROM AUTHOR]

The solidarity spirit that emanates from the 1988 Brazilian Constitution and the sharing of risks inherent to life in society have greatly highlighted the insurance contract. In the wake of the different modalities in Brazilian law, current paper analyzes the meaning of social efficaciousness of the civil responsibility insurance contract by investigating decisions by the High Court of Justice. Bibliographical research coupled to the deductive methodology was undertaken by a review of the doctrine and jurisprudence. The social efficaciousness of the civil responsibility insurance contract has been evidenced so that the victim would receive reparations due, through the simplification of judicial means. [ABSTRACT FROM AUTHOR]

The notion of obiter dictum is inherent to legal systems applying the doctrine of precedent. It covers the part of a judicial decision that does not constitute a binding precedent. However, although the doctrine of precedent is not applicable in the Czech Republic, the notion of obiter dictum is widely used and referred to in the Czech legal system. Therefore, the article examines the English approach and assesses the extent to which the acquired knowledge corresponds or can be applied to the context of the Czech Republic. It particularly discusses what obiter dictum is, its nature, how it differs from ratio decidendi, and who determines that a particular part is obiter dictum. The article concludes that although some aspects of obiter dicta are identical in both legal systems, there are also some significant differences. Therefore, the characteristics of obiter dicta cannot be automatically derived from the common law legal systems. [ABSTRACT FROM AUTHOR]