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AHEAD OF PRINT

Volume 66 (2021): Issue 4 (December 2021)

Volume 66 (2021): Issue 3 (December 2021)

Volume 66 (2021): Issue 2 (December 2021)

Volume 66 (2021): Issue 1 (December 2021)

Volume 65 (2020): Issue 1 (December 2020)

Volume 64 (2020): Issue 1 (December 2020)

Volume 63 (2020): Issue 1 (September 2020)

Volume 62 (2020): Issue 1 (June 2020)

Volume 61 (2020): Issue 1 (March 2020)

Volume 60 (2019): Issue 1 (December 2019)

Volume 59 (2019): Issue 1 (September 2019)

Volume 58 (2019): Issue 1 (June 2019)

Volume 57 (2019): Issue 1 (March 2019)

Volume 56 (2018): Issue 1 (December 2018)

Volume 55 (2018): Issue 1 (September 2018)

Volume 54 (2018): Issue 1 (June 2018)

Volume 53 (2018): Issue 1 (March 2018)

Volume 52 (2017): Issue 1 (December 2017)

Volume 51 (2017): Issue 1 (September 2017)

Volume 50 (2017): Issue 1 (June 2017)

Volume 49 (2017): Issue 1 (March 2017)

Volume 48 (2016): Issue 1 (December 2016)

Volume 47 (2016): Issue 1 (December 2016)

Volume 46 (2016): Issue 1 (September 2016)

Volume 45 (2016): Issue 1 (June 2016)

Volume 44 (2016): Issue 1 (March 2016)

Volume 43 (2015): Issue 1 (December 2015)

Volume 42 (2015): Issue 1 (September 2015)

Volume 41 (2015): Issue 1 (June 2015)

Volume 40 (2015): Issue 1 (March 2015)

Volume 39 (2014): Issue 1 (December 2014)

Volume 38 (2014): Issue 1 (September 2014)

Volume 37 (2014): Issue 1 (June 2014)
Mechanisms and Methods of Decision Making / Ed. by Ewa Roszkowska

Volume 36 (2014): Issue 1 (March 2014)

Volume 35 (2013): Issue 1 (December 2013)

Volume 34 (2013): Issue 1 (October 2013)

Volume 33 (2013): Issue 1 (August 2013)

Volume 32 (2013): Issue 1 (May 2013)

Journal Details
Format
Journal
eISSN
2199-6059
First Published
08 Aug 2013
Publication timeframe
4 times per year
Languages
English

Search

Volume 66 (2021): Issue 2 (December 2021)

Journal Details
Format
Journal
eISSN
2199-6059
First Published
08 Aug 2013
Publication timeframe
4 times per year
Languages
English

Search

8 Articles
Open Access

Linguistics and Deception Detection (DD): A Work in Progress

Published Online: 07 Dec 2021
Page range: 169 - 200

Abstract

Abstract

Linguistic Deception Detection DD is a well-established part of forensic linguistics and an area that continues to attract attention on the part of researchers, self-styled experts, and the public at large. In this article, the various approaches to DD within the general field of linguistics are examined. The basic method is to treat language as a form of behaviour and to equate marked linguistic behaviour with other marked forms of behaviour. Such a comparison has been identified in other fields such as psychology and kinesics as being associated with stress linked to the attempt to deceive, typically in such contexts as examined here. Representative authentic examples of some of the most common linguistic indicators of deception that have been identified are discussed, dividing them into two general categories which we here introduce: language as revealer and language as concealer. We will argue that linguistic analysis for DD should be conducted relative to the subject’s individual linguistic patterns of behaviour, not on absolutes related to broad generalisations about what is supposedly normal or unmarked in the population at large. We will also briefly discuss some structured methods for linguistic analysis for DD and the prospect that technology and artificial intelligence will provide the means to automate and digitalise the linguistic DD process. We maintain that caution is advisable when considering these, as DD will, in all probability, always remain a work in progress, with the need for a flexible human evaluator ready to take into account many different aspects of the individual subject and the case in question.

Keywords

  • Deception Detection
  • Forensic Linguistics
  • Linguistic Analysis
Open Access

The Concept and Functions of a Universal Language of Law

Published Online: 07 Dec 2021
Page range: 201 - 228

Abstract

Abstract

The subject of the article is the concept of a universal language and a reflection on its importance for law. The starting point is a presentation of the history of the concept of a common language for all mankind, a concept that has always accompanied man – it is present in the Bible, in the ancient writings of Near Eastern peoples, it was alive in the Middle Ages and during the Renaissance, and it experienced its particular heyday – among other reasons because of the gradual abandonment of Latin as the language of science – in the seventeenth century, an age that was reformist by definition. Since its inception, the concept of a universal language has been inextricably linked with the idea of world peace and universal happiness for all people. It is significant that in most universal language designs, regardless of the era, there were, to a greater or lesser extent, references to the utility of such languages for law. The author, tracing the development of the concept of a universal language, focuses on its fullest contemporary development: Esperanto. Esperanto, like previous universal language designs, places particular emphasis on ideas linked to the concept of a universal language, especially the idea of peaceful coexistence and understanding between peoples. In this context, it is reasonable to ask what role Esperanto can play in the development of certain branches of law, especially international law. Given the position of English as the language of legal acts of international importance, the answer to this question is currently not clear.

Keywords

  • universal language
  • language of law
  • Esperanto
  • Ludwik Zamenhof
Open Access

Risks of Using “Language Relief” and Plain Language Principles in the Process of Applying Tax Law – Selected Issues

Published Online: 07 Dec 2021
Page range: 229 - 241

Abstract

Abstract

The level of communicativeness of official letters in the field of tax law leaves much to be desired. The article concerns the consequences of the application of “Language Relief” in the practice of applying tax law by the National Revenue Administration. The author calls for the principles of plain language to be introduced first in relation to acts of state law, so that officials can adapt their letters to the plain language of the law. A reversal of this order poses significant risks to the protection of taxpayers’ rights since internal instructions and letter templates proposed on the NRA intranet will be used to a greater extent instead of legal acts.

Keywords

  • protection of taxpayers’ rights
  • “Language Relief”
  • plain language
  • tax letters
  • National Revenue Administration
  • application of tax law
Open Access

Prohibition on the Obligation to Disclose One’s Worldview, Religious Beliefs, or Religion in the Light of Article 53(7) of the Constitution of The Republic of Poland of April 2, 1997

Published Online: 07 Dec 2021
Page range: 243 - 265

Abstract

Abstract

The aim of this article is to present the normative content of article 53 clause 7 of the Constitution of the Republic of Poland of 2nd April 1997. The paper presents the subjective scope of the regulation, including the scope of subjects who enjoy the guarantee of the “right to silence” as well as the list of addressees of the prohibition. The analysis also presents the subjective scope of article 53 paragraph 7 of the Constitution, together with an indication of the legal problems that occur in the practice of law in the context of obligations to respect the “right to silence”. The research includes substantive and formal assessment of the legal provision in question.

Keywords

  • Constitution of the Republic of Poland
  • right to silence
  • disclosure of worldview
  • religious belief
  • freedom of conscience and religion
Open Access

Same-Sex Marriage and the Catholic Church in Europe. Any Chance for Understanding?

Published Online: 07 Dec 2021
Page range: 267 - 281

Abstract

Abstract

There is room for everyone in the Catholic Church, but there is no consent for same-sex marriage in that Church as marriage only between a baptized man and a woman is a sacrament. Same-sex marriage is inconsistent with the Holy Scripture where marriage is based on God’s natural law. This official Scripture’s interpretation results in lack of possibility to reconciliate the official teaching of the Church with the recognition of same-sex marriage. The world is moving forward and so are the opinions of Christians and their growing support for same-sex marriage. Such marriage is recognized in thirty states worldwide, including states with dominant Catholic religion. Regardless the official teaching, the Catholic Church’s position is not uniform. The paper discusses the official interpretation of the Scripture concerning homosexuals, analyses the position of the Catholic Church toward same-sex marriage and indicates differences in Christians’ attitudes with respect to same-sex couples in Western and Eastern Europe.

Keywords

  • Catholic Church
  • homosexuality
  • same-sex marriage
  • recognition
  • law
Open Access

The Impact of the 1959 Agreement on the Legal Status of the Nile in the Post-Colonial Period

Published Online: 07 Dec 2021
Page range: 283 - 307

Abstract

Abstract

The Nile, one of the longest rivers in the world, has not been subjected to a uniform legal regime yet, despite the pressing needs. The hitherto proposals presented by the riparian states of the lower and upper reaches have not been unanimously accepted. Egypt and Sudan face particular difficult situation since the Nile river is their main source of water supply. It is argued that the lack of necessary coordination among all the States in the basin may in the future lead to significant damage and consequences both in terms of access to water and its quality. This short study critically examines past and present initiatives undertaken to solve one of the most controversial aspects of international law in Africa.

Keywords

  • Nile
  • international rivers’ regimes
  • historical rights
  • right to use the river by all riparian states
  • the impact of some constructions on the quality of the Nile water
  • conflict on the base of the access to water
Open Access

Transparency of Approaches to International Law: A Short Story of an Unsung Hero

Published Online: 07 Dec 2021
Page range: 309 - 320

Abstract

Abstract

This article is about the problem of non-disclosure of an assumed method and approach to international law. That makes some real and current issues of international more difficult to grasp – and how to debate about something if there is a misunderstanding of the basics? The problem is depicted with two examples: the attitude of international law toward the statehood of Taiwan along with the on-going development of the Responsibility to Protect doctrine. Both reveal the clash between so-called black-letterism and a policy-approach to international law. Meanwhile the doctrinal method is fully functional and mostly accepted in domestic law, though often contested in international law. But after all, international law being sui generis law is not just an instance of the domestic-type law which is the effect of particular features of the international community.

Keywords

  • international law
  • legal theory
Open Access

Legality of Prohibitions on Performing Specific Economic Activities Introduced to Prevent the Spread of the Coronavirus SARS-CoV-2: The Case of Poland

Published Online: 07 Dec 2021
Page range: 321 - 335

Abstract

Abstract

State authorities have taken a variety of measures aimed at combating the COVID-19 pandemic. One group of those measures constitutes restrictions on the freedom of economic activity. In the paper the author analyses the provisions establishing prohibitions on performing specific economic activities introduced in Poland in the period from 14 March 2020 to 31 May 2021 in order to verify whether they have sufficient legal bases. For that purpose it was necessary to establish the constitutional conditions for introducing restrictions on the freedom of economic activity. Subsequently the author verified what legal bases for the implementation of the restrictions were indicated in the legal acts introducing those restrictions and how those prohibitions have been defined. The main research method used for the purpose of the paper is the dogmatic method of analysing the provisions contained in the legal acts.

Keywords

  • freedom of economic activity
  • prohibition on economic activity
  • COVID-19 pandemic
  • coronavirus SARS-CoV-2
8 Articles
Open Access

Linguistics and Deception Detection (DD): A Work in Progress

Published Online: 07 Dec 2021
Page range: 169 - 200

Abstract

Abstract

Linguistic Deception Detection DD is a well-established part of forensic linguistics and an area that continues to attract attention on the part of researchers, self-styled experts, and the public at large. In this article, the various approaches to DD within the general field of linguistics are examined. The basic method is to treat language as a form of behaviour and to equate marked linguistic behaviour with other marked forms of behaviour. Such a comparison has been identified in other fields such as psychology and kinesics as being associated with stress linked to the attempt to deceive, typically in such contexts as examined here. Representative authentic examples of some of the most common linguistic indicators of deception that have been identified are discussed, dividing them into two general categories which we here introduce: language as revealer and language as concealer. We will argue that linguistic analysis for DD should be conducted relative to the subject’s individual linguistic patterns of behaviour, not on absolutes related to broad generalisations about what is supposedly normal or unmarked in the population at large. We will also briefly discuss some structured methods for linguistic analysis for DD and the prospect that technology and artificial intelligence will provide the means to automate and digitalise the linguistic DD process. We maintain that caution is advisable when considering these, as DD will, in all probability, always remain a work in progress, with the need for a flexible human evaluator ready to take into account many different aspects of the individual subject and the case in question.

Keywords

  • Deception Detection
  • Forensic Linguistics
  • Linguistic Analysis
Open Access

The Concept and Functions of a Universal Language of Law

Published Online: 07 Dec 2021
Page range: 201 - 228

Abstract

Abstract

The subject of the article is the concept of a universal language and a reflection on its importance for law. The starting point is a presentation of the history of the concept of a common language for all mankind, a concept that has always accompanied man – it is present in the Bible, in the ancient writings of Near Eastern peoples, it was alive in the Middle Ages and during the Renaissance, and it experienced its particular heyday – among other reasons because of the gradual abandonment of Latin as the language of science – in the seventeenth century, an age that was reformist by definition. Since its inception, the concept of a universal language has been inextricably linked with the idea of world peace and universal happiness for all people. It is significant that in most universal language designs, regardless of the era, there were, to a greater or lesser extent, references to the utility of such languages for law. The author, tracing the development of the concept of a universal language, focuses on its fullest contemporary development: Esperanto. Esperanto, like previous universal language designs, places particular emphasis on ideas linked to the concept of a universal language, especially the idea of peaceful coexistence and understanding between peoples. In this context, it is reasonable to ask what role Esperanto can play in the development of certain branches of law, especially international law. Given the position of English as the language of legal acts of international importance, the answer to this question is currently not clear.

Keywords

  • universal language
  • language of law
  • Esperanto
  • Ludwik Zamenhof
Open Access

Risks of Using “Language Relief” and Plain Language Principles in the Process of Applying Tax Law – Selected Issues

Published Online: 07 Dec 2021
Page range: 229 - 241

Abstract

Abstract

The level of communicativeness of official letters in the field of tax law leaves much to be desired. The article concerns the consequences of the application of “Language Relief” in the practice of applying tax law by the National Revenue Administration. The author calls for the principles of plain language to be introduced first in relation to acts of state law, so that officials can adapt their letters to the plain language of the law. A reversal of this order poses significant risks to the protection of taxpayers’ rights since internal instructions and letter templates proposed on the NRA intranet will be used to a greater extent instead of legal acts.

Keywords

  • protection of taxpayers’ rights
  • “Language Relief”
  • plain language
  • tax letters
  • National Revenue Administration
  • application of tax law
Open Access

Prohibition on the Obligation to Disclose One’s Worldview, Religious Beliefs, or Religion in the Light of Article 53(7) of the Constitution of The Republic of Poland of April 2, 1997

Published Online: 07 Dec 2021
Page range: 243 - 265

Abstract

Abstract

The aim of this article is to present the normative content of article 53 clause 7 of the Constitution of the Republic of Poland of 2nd April 1997. The paper presents the subjective scope of the regulation, including the scope of subjects who enjoy the guarantee of the “right to silence” as well as the list of addressees of the prohibition. The analysis also presents the subjective scope of article 53 paragraph 7 of the Constitution, together with an indication of the legal problems that occur in the practice of law in the context of obligations to respect the “right to silence”. The research includes substantive and formal assessment of the legal provision in question.

Keywords

  • Constitution of the Republic of Poland
  • right to silence
  • disclosure of worldview
  • religious belief
  • freedom of conscience and religion
Open Access

Same-Sex Marriage and the Catholic Church in Europe. Any Chance for Understanding?

Published Online: 07 Dec 2021
Page range: 267 - 281

Abstract

Abstract

There is room for everyone in the Catholic Church, but there is no consent for same-sex marriage in that Church as marriage only between a baptized man and a woman is a sacrament. Same-sex marriage is inconsistent with the Holy Scripture where marriage is based on God’s natural law. This official Scripture’s interpretation results in lack of possibility to reconciliate the official teaching of the Church with the recognition of same-sex marriage. The world is moving forward and so are the opinions of Christians and their growing support for same-sex marriage. Such marriage is recognized in thirty states worldwide, including states with dominant Catholic religion. Regardless the official teaching, the Catholic Church’s position is not uniform. The paper discusses the official interpretation of the Scripture concerning homosexuals, analyses the position of the Catholic Church toward same-sex marriage and indicates differences in Christians’ attitudes with respect to same-sex couples in Western and Eastern Europe.

Keywords

  • Catholic Church
  • homosexuality
  • same-sex marriage
  • recognition
  • law
Open Access

The Impact of the 1959 Agreement on the Legal Status of the Nile in the Post-Colonial Period

Published Online: 07 Dec 2021
Page range: 283 - 307

Abstract

Abstract

The Nile, one of the longest rivers in the world, has not been subjected to a uniform legal regime yet, despite the pressing needs. The hitherto proposals presented by the riparian states of the lower and upper reaches have not been unanimously accepted. Egypt and Sudan face particular difficult situation since the Nile river is their main source of water supply. It is argued that the lack of necessary coordination among all the States in the basin may in the future lead to significant damage and consequences both in terms of access to water and its quality. This short study critically examines past and present initiatives undertaken to solve one of the most controversial aspects of international law in Africa.

Keywords

  • Nile
  • international rivers’ regimes
  • historical rights
  • right to use the river by all riparian states
  • the impact of some constructions on the quality of the Nile water
  • conflict on the base of the access to water
Open Access

Transparency of Approaches to International Law: A Short Story of an Unsung Hero

Published Online: 07 Dec 2021
Page range: 309 - 320

Abstract

Abstract

This article is about the problem of non-disclosure of an assumed method and approach to international law. That makes some real and current issues of international more difficult to grasp – and how to debate about something if there is a misunderstanding of the basics? The problem is depicted with two examples: the attitude of international law toward the statehood of Taiwan along with the on-going development of the Responsibility to Protect doctrine. Both reveal the clash between so-called black-letterism and a policy-approach to international law. Meanwhile the doctrinal method is fully functional and mostly accepted in domestic law, though often contested in international law. But after all, international law being sui generis law is not just an instance of the domestic-type law which is the effect of particular features of the international community.

Keywords

  • international law
  • legal theory
Open Access

Legality of Prohibitions on Performing Specific Economic Activities Introduced to Prevent the Spread of the Coronavirus SARS-CoV-2: The Case of Poland

Published Online: 07 Dec 2021
Page range: 321 - 335

Abstract

Abstract

State authorities have taken a variety of measures aimed at combating the COVID-19 pandemic. One group of those measures constitutes restrictions on the freedom of economic activity. In the paper the author analyses the provisions establishing prohibitions on performing specific economic activities introduced in Poland in the period from 14 March 2020 to 31 May 2021 in order to verify whether they have sufficient legal bases. For that purpose it was necessary to establish the constitutional conditions for introducing restrictions on the freedom of economic activity. Subsequently the author verified what legal bases for the implementation of the restrictions were indicated in the legal acts introducing those restrictions and how those prohibitions have been defined. The main research method used for the purpose of the paper is the dogmatic method of analysing the provisions contained in the legal acts.

Keywords

  • freedom of economic activity
  • prohibition on economic activity
  • COVID-19 pandemic
  • coronavirus SARS-CoV-2

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