Act of Commissive Performed by M. Jefri Pratama as the Defendant in the Judicial Case of Judge Jamaluddin’s Murder (original) (raw)
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Discourse Of Law: Analysis Of Cooperative Principles And Speech Acts In Iranian Law Courts
Judgment is closely connected with language, its questioning, answering, meaning and interpretation. Forensic linguistics for its application in real life and for its involvement in the field that is capable of influencing the course of one’s life has become a very interesting and pragmatic discipline to study; however, one that is still not very widespread in the Iran academic setting. This paper aims at providing an insight of how language operates in the legal setting by building bridges between cooperative principles and speech acts in forensic linguistics. This study is an initial attempt to investigate the relationship between violation of Gricean quantity maxim by more than 50 defendants (half of the cases incriminated and half of them acquitted) in relation to different speech acts which are used by interrogators in criminal courts. This study is based primarily on written and terminated documents from judiciary files. Data for this study is collected through Iran's judicial courts. This study aims to show how maxim of quantity is violated in criminal cases (incriminated or acquitted) in relation to different speech acts. The analysis shows that quantity maxims’ violation has correlation with criminal convictions in relation to different speech acts. Keywords: Judgment, Forensic Linguistics, Discourse of Law, Cooperative Principles, Speech Acts, Criminal Conviction and Acquittal.
2020
Reconsideration of legal phenomena by legal language means is a typical feature of analytical tradition in the legal philosophy, since legal regulations are expressed not only in language, but are inextricably linked with the linguistic content of rules whilst applying them. Language as a form of communication and representation of the world is a holistic and specific phenomenon, that is localized in speech acts that form subject's intentions and his further actions. It is necessary to count the meaningful use of signs for the reality perception, that form the language. Legal reality and its language forms are inseparable, and thus, we can learn more deeply the essence of legal phenomena by interpreting legal texts and speech acts that illustrate legal intentions and actions. So in the speech acts theory of J.L. Austin introduces the category of com missives , denoting the obligations declared by the intentions of the person (promise, agree, intend, plan, provide, allow, swear, etc.). In legal language speech acts are used with the purposes of execution, prohibition, coercion for maintenance of a social order, therefore legal discourse has performative character. Performative expressions in legal language are characterized by speech stereotypes due to repetitive procedures (for example, procedural actions in criminal proceedings or court hearings). If it is a question of acts of application of the right, from the point of view of their performative form they have declarative character, that is contain instructions and obligations of legal character. The illocutionary function of these proposals is to form a respectful attitude to the established norms, and the perlocutive force is to impose compliance with these norms. The question of the relation of speech acts and actions in a different context was considered by Gilbert Ryle.
Türk Yasa Dilinin Söylem Özellikleri: Karşılaştırmalı Bir Çalışma
Hutad, 2010
Register studies describe the situational and linguistic characteristics of particular registers. There are also studies that make comparisons across registers. These studies have shown that different registers have systematic and important linguistic differences. Thus, the aims of this study are (1) to determine the discoursal features of the Turkish legislative language, (2) to compare these features with five other registers, as scientific research articles, newspaper feature articles, TV commercials, man/woman magazines and stand-up shows. Turkish Criminal Code is used as the corpus of the legal register. Each text type in the study consisted of approximately 30.000 words. For the purposes of analysis and comparison, 'the multidimensional approach' developed by Douglas Biber (1988) is used. In this study, only the first dimension 'informative/interactional production' is analyzed. The lexico-grammatical categories of this dimension are counted in each text type and the results are statistically evaluated. The findings of the study indicate that Turkish legislative language has the highest frequencies of the features of a planned and informative discourse. It is followed by scientific research articles, newspaper feature articles, man/woman magazines and stand-up shows in this order. Among the text types analyzed in the corpus, the most interactional discourse is found to be as TV commercials.
ETHICAL_PRINCIPLES_OF_JUDGES_IN_THE_OTTOMAN_STATE_THE_CONVENANCE_OF_JUDGE.pdf
The relationship between ethics and law has become more intense throughout the last century. The ethics is described as all the moral codes people believe that they have to abide during their all acts. It has become possible to see ethics in the rules of law in the last century. It is especially probable to see professional codes of ethics in the norms of national and international law. The first international document that comes to mind when people think of the principles of judiciary conduct is the The Bangalore Principles of Judicial Conduct, which is dated 2003. These principles, created by the extensive knowledge of many civilizations and societies, are the written form of experience. In this sense, this study focuses on the ethical principles that Ottoman kadis had to abide by. Ottoman State and Ottoman kadis still accite the attention of the whole World with their justice. It could be noted that there are not many studies investigating the ethical principles kadis had to comply with. However, this paper is based on the resources of Islamic and customary (örfi) law. Nevertheless, the topic is discussed from the perspective of law, particularly the history of Turkish law. The following conclusions could be drawn from the studies conducted up to now. The principles of ethics that Ottoman kadis had to abide could be seen in Ottoman Code of Civil Law (Mecelle-i Ahkâm-ı Adliye). Article 1792 of the Ottoman Code of Civil Law depicts the characteristics and qualities of judges. These characteristics carry the features that could portray what is right and what is wrong for the judges. The Morals of the Judge (Hâkimin Adabı), which is the second chapter of the 16th book of Mecelle, explains the required ethical principles by giving examples. These essentials include directives as to the acts of judges at the trials and outside the court halls. They restrict the judges in bantering, visiting, accepting guests, giving and accepting gifts, controlling gestures and facial expressions, and addressing someone. Thus, they aim to protect the prestige of the court and maintain that the judges secure the justice and treat everyone objectively and equally. The contemporary law involves many rules equivalent and similar to the rules of Mecelle. However, it should be confided that postive law does not include articles such as the article 1812 of Mecelle defining the circumstances when judges were not allowed to render a verdict. This study also contains how these principles were put into practice. Besides, it emphasizes that our history and experiences should be consulted in respect to the ethical principles judges have to concur.
İkili Karşıtlıklar: Saatleri Ayarlama Enstitüsü’nde Ölümlerin Yeri
Turkish studies - Language and Literature, 2021
Ahmet Hamdi Tanpınar is one of the prominent novelists in Turkish literature. Regarding the first examples of Modernist Turkish Literature, his works have attracted the interest of a vast number of researchers that deal with literature and history. Accordingly, the significance of the present study is to raise awareness of both plot construction in one of the well-known novels of Ahmet Hamdi Tanpınar, The Time Regulation Institute, and his writing techniques. In the study, the primary aim is to present the contribution of "characters deaths" into one of his novel's plot, The Time Regulation Institute. Doing this will be beneficial in two ways. First, it will help readers overcome the challenge of comprehending the non-chronological order of the story plot. Secondly, the analysis will make it easy to understand why and how the author used the deaths of certain characters in Hayri İrdal's transformations along with the storyline. For the analysis, tools of disciplines of narratology and especially literary semiotics were employed. One of those tools is actantial narrative schema, improved by Algirdas Julien Greimas, and the other is binary oppositions, which is an essential analysis tool of structuralists. Amongst the 14 characters' deaths, only the deaths that greatly affected İrdal's life were selected for analysis, and their thematic roles and the functions of their deaths for the protagonist were first examined; then, binary categories were formed based on the concept of death. In conclusion, there is clear evidence to support the generalization that Tanpınar used deaths as a transformation device for the protagonist.
Kilis 7 Aralık Üniversitesi İlahiyat Fakültesi Dergisi, 2020
In the Ja‘farī school of law, jurisprudence is not conceived as a civil act, but is instead held to be a religious practice that orientates towards eschatology and theology. The scholarly focus has converged upon the proposition that human society would not reach the true path and salvation unless limitations on the actions and appetites of each individual were first put in place by Islamic ideology (that is explained by the Prophet and Imams). From the point of Ja‘farī scholars, God has sought to impose boundaries upon human activity by putting in place five categories which encompass positive law in its entirety: absolutely forbidden actions (ḥarām), indispensable or expressly commanded actions (wājib or farḍ), admissible or permitted actions (mubāḥ), recommended or desired actions (mustaḥabb or mandūb) and reprehensible or offensive actions (makrūh). In the absence of solutions or rulings that can be achieved through the application of legal texts and methods, the principle of custom (‘urf) emerges as a valid source in response to the impossibility of restricting social issues that pertain to the jurisprudence. At this point, the resort to ‘urf which is applied as a legal principle in urgent circumstances may become an indispensable part of Islamic law that helps to validate the given solution or to categorise the permissible acts within the Ja‘farī school of law. The application of ‘urf might be considered as an affirmation of the position which holds that primary issues of faith (i‘tikād) should be determined with reference to the original Islamic sources including the Qur’an, the Sunna, icmā’ (consensus), ‘aql (reason) according to Ja‘farī school of law. However, here, it should be remembered that the scholars frequently advocate flexible and pragmatic approaches in the sphere of social relations (mu‘āmalāt). The implementation process of rules for cases pertaining to social relations can be said to have given credence to ‘urf being applied directly as a legal principle or as a subsidiary factor that relates to the interpretation of various legal principles. It is quite conceivable that the application of ‘urf will result in changes to legal methodologies and temporary legal rulings that had previously given by the early scholars of Ja‘farī school of law. The flexible nature of Islamic law in the scope of mu‘āmalāt authorises the scholars to interpret the legal sources (in harmony with the necessities of time and place) by using various legal methodologies. It is in fact the case that scholars are required to acknowledge the changing needs and habits of contemporary time during the jurisdiction process by preserving the formal framework of religious sanctity. The scholars have sought to set out the principles in more detail along with the conditions of their implementation. These principles relate to cases in which the true ordinance of God is not clear or deduced from the main sources of Islamic law. At the initial and foundational periods of the school, the classical Ja‘farī scholars openly referred to ‘urf as an independent source of ruling. However, the scholars of later and contemporary period have avoided to address ‘urf directly but prepared a substructure with ‘urf in order to use it during the interpretation of procedural and secondary sources. Among these sources, especially the principle of sīra ‘uqalā’iyya has gained a prestigious position and expanded the range of its validity in legal area according to explanations of recent Ja‘farī scholars. The principle of sīra ‘uqalā’iyya in operating as a legal constraint, prioritises the local conditions of the region and simultaneously operates at the level of theory and practice. The analogical and etymological comparison between the principles of ‘urf and sīra ‘uqalā’iyya clarifies that ‘urf (which finds its origin in the daily practices of people) is considered more vulnerable than and sīra ‘uqalā’iyya (which finds its roots in the rational practices of people).
Yabanci Mahkeme Kararlarinin Taninmasi Ve Tenfi̇zi̇nde Kamu Düzeni̇ Müdahalesi̇
Yıldırım Beyazıt Hukuk Dergisi
The issue of recognition and enforcement of foreign court decisions in Turkish Law is regulated between the 50th and 60th articles of the Act on Private International and Procedural Law (MÖHUK) entered into force on 12.12.2007 and numbered 5718. In accordance with these regulations, one of the conditions required for achieving recognition or enforcement of a judgement of a foreign court in Turkey is; "These judgemets shall not manifestly contrary to the Turkish public order."
Eleşti̇rel Söylem Çözümlemesi̇: Bi̇r Kan Davasi Haberi̇yle Gelen İdeoloji̇k Üretim
2021
This article explores blood feud, which still appears to trouble Turkey by carrying out a critical discourse analysis of the news stories about a blood feud-related murder committed in Batman, Turkey. The analysis of the reports of the incident in Cumhuriyet, Hürriyet, Posta and Yeni Şafak newspapers shows that the murder was presented through a narrative. The critical discourse analysis done with the help of linguistic concepts indicates an ideology production in the newspapers' discourse. Such analyses might add to the solution of the blood feud problem in Turkey, as well as making a clear contribution to the development of critical discourse analysis. This kind of analysis can be considered as an attempt to contribute solving the blood feud murder problem as well as development of the critical discourse analysis.
2020
Caferi mezhebinde hukuk anlayisi kanuni bir adalet uygulamasindan daha ziyade, kaynagini teolojik temellerden ve ahiret inancindan alan dini bir uygulama olarak kabul edilmektedir. Insan toplumunun, her bir bireyin davranislarinin sinirlari Islami hukumler tarafindan belirlenmedigi muddetce dogru yola ve kurtulusa ulasamayacagi anlayisi alimlerin hâkim gorusu olarak diger alanlarda oldugu gibi Caferi hukuk sisteminde de kendisini gostermektedir. Caferi mezhebince kabul edilen goruse gore dogru olan dini hukum ve uygulamalar ise hazreti peygamber ve masum imamlar tarafindan inananlara aciklanarak ogretilmistir. Dini hukumler Allah’in emirlerine uygunluguna gore kesinlikle yasaklanmis haram fiiller, yapilmasi acikca emredilen vacip/farz fiiller, yapilmasinda sakinca olmayan mubah fiiller, yapilmasi tavsiye edilen mendub/mustehab fiiller ve yapilmasinda sakinca olan mekruh fiiller olmak uzere bes temel gruba ayrilir. Fikhin asil kaynak ve metotlariyla gecerli bir hukme ulasilamamasi du...
Implicature of the Utterances at Court: A Pragmatics Study
English Journal Literacy Utama
In everyday conversations, there have been found some non-observe to the principle of cooperation which result in different interpretations (implicature). It is a situation where the speaker wants to convey a meaning that is more than the word spoken. Conversational Implicature is intended for the hearer to understand what is said by the speaker; to interpret, to suggest or to explain something. The purpose of the research was to reveal the implicature of speech acts that occur in court in cases of murder of human rights activists. The result of the research is then analyzed with the aim of getting the expected findings. The method used in this study is descriptive qualitative. The data from the research are in the form of text of utterances in the court taken from the internet. The results of this research indicate that the implicature which indicated by evidence of a lie was 15 utterances or 16.8% from 89 utterances or 83.2%. The utterances that was produced included non-observe t...