journal: International Journal of Legal Discourse

Impact Factor: 1.5

Published since April 20, 2016

International Journal of Legal Discourse

ISSN: 2364-883X

Editors-in-chief: Le Cheng, Dian-Ming Hu

About this journal

Objective
The International Journal of Legal Discourse (IJLD) is associated with Multicultural Association of Law and Language and International Academy of Linguistic Law. This journal covers both verbal and non-verbal aspects of legal discourse. This journal aims to provide a world-class platform for academic exchanges in legal discourse as well as its neighboring areas, tapping into research on law, discourse analysis, linguistics, politics, semiotics, sociology and psychology. This journal invites contributions examining the interface of law and other disciplines, and exploring the interaction among law professionals, administrators, policy makers and other social actors.

Topics

law
discourse studies
applied linguistics
sociology

Article formats
Research articles, Reviews

Your Benefits

Your benefits:

Wide range of topics within the study of legal discourse
In-depth discussions led by law professionals, administrators, policy makers and other social actors
Both verbal and non-verbal aspects of legal discourse
Interdisciplinary approach combining state-of-the-art research results in law, discourse analysis, linguistics, politics, semiotics, sociology and psychology
Rigorous peer-review

History

Since 2009 when the Multicultural Association of Law and Language was found with the secretariat located in Hong Kong, studies and collaboration in legal discourse have been frequent and productive between universities and institutions, including Aston University, China University of Political Science and Law,City University of Hong Kong, Columbia Law School, Georgetown University, Harvard University, Örebro University, Peking University, University of California, Seattle University, Shanghai Jiao Tong University, The Hong Kong Polytechnic University, The University of Hong Kong, The University of Tokyo, Tulane University, University of Aarhus, University of Exeter, University of Geneva, University of Haifa, University of Toronto, University of Washington, and Zhejiang University. With the successful running of the conference series under the Multicultural Association of Law and Language as well as the International Academy of Linguistic Law, and during the collaboration with other associations such as the International Association of Forensic Linguistics, the International Roundtables for the Semiotics of Law, the International Association for the Philosophy of Law and Social Philosophy, and China Behavior Law Association, we come to realize that we need a pertinent label to address the whole spectrum studing legal phenomena, not only written, such as legislation, but also spoken, such as courtroom oral interaction, as well as non-verbal, such as physical evidence and courtroom settings, and we also come to understand that the interdisciplinary studies of legal phenomena will provide fresh insights. After several rounds of discussions, exchanges and even debates among the editorial board and between the editorial board and the Publisher, De Gruyter Mouton, we have finally agreed to choose a very representative and innovative title for our journal: International Journal of Legal Discourse.

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Supplementary Materials

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Topics

Ahead of Print / Just Accepted

Ahead of Print / Just Accepted

Volume 8 (2023)

Volume 7 (2022)

Volume 6 (2021)

Volume 5 (2020)

Volume 4 (2019)

Volume 3 (2018)

Volume 2 (2017)

Volume 1 (2016)

Journal Impact Factor	1.5	2022, Journal Citation Reports (Clarivate, 2023)
5-year Journal Impact Factor	1.0	2022, Journal Citation Reports (Clarivate, 2023)
Journal Citation Indicator	0.64	2022, Journal Citation Reports (Clarivate, 2023)
CiteScore	1.3	2022, Scopus (Elsevier B.V., 2023)
SCImago Journal Rank	0.199	2022, SJR (Scimago Lab, 2023; Data Source: Scopus)
Source Normalized Impact per Paper	0.833	2022, CWTS Journal Indicators (CWTS B.V., 2023; Data Source: Scopus)

More information about journal rankings

Submit

Submission
Please submit your manuscript directly to the Editor-in-Chief, Prof. Le Cheng: chengle163@hotmail.com

Your benefits of publishing with us

Online publication with short turnaround times
High impact
High quality peer-review
Free publication of color figures both in online and print editions and no page charges
Optional open access publication
Every article easily discoverable because of SEO and comprehensive abstracting and indexing services
Secure archiving by De Gruyter and the independent archiving service Portico

Submission process

Submissions should be formatted according to the De Gruyter Mouton journal style sheet, especially regarding the proper format for citations and reference entries
Submission of your paper
Peer review process
The editorial office will forward your manuscript for peer-review
If accepted: you have the option to publish your article open access

Additional information for manuscript formatting

Manuscripts should be no longer than 30–35 pages.
Review articles should be headed 'Review article' and given an appropriate title that is different from the title of the work(s) under review. The title should be followed by an asterisked footnote, placed at the bottom of the first page of text, containing the bibliographical details of the work(s) under review: *Ray Jackendoff, Languages of the mind: Essays on mental representation. Cambridge, MA: MIT Press, 1992.
References to the work under review should be cited by page number alone (e.g., 'p. 16'). Otherwise, the references should conform to the style for articles.
Corrections. Authors are asked to check their manuscripts very carefully before submitting them in order to prevent delays at the proof stage. Especially check in-text citations against listings in the References section, to be sure dates and spelling match, and that all works cited are listed.
Proofs. Authors will receive PDF page proofs for correction which must be returned by dates determined by the publication schedule.
Author copy. Upon publication, authors will receive electronic access to their contribution. Guest editors of special issues will receive complimentary print copies of the issue.

Please note

Manuscripts must be written in clear and concise English
Before submitting your article please have a look at our Publication Ethics Statement and our copyright agreement
Once your article is accepted you have the option to publish it open access.
Our repository policy allows you to distribute 30 PDF copies of your published article to colleagues (the PDF has to include the information that it is an author's copy). Please also feel free to distribute the link to the online abstract
If you have any general questions please visit our FAQ page for journal authors

We look forward to receiving your manuscript!

Hybrid Open Access

Authors have the option to publish their article under an open access license. The standard article processing charge for a hybrid open access article is 2,000 Euro (plus VAT if applicable). Please note that corresponding authors from institutions with which we have a transformative agreement, can publish open access without paying the fee. More information on the eligible institutions and articles can be found here.

Editorial

Editor-in-Chief
Le Cheng (Zhejiang University, China)

Co-Editor
Marco Man Ho Wan (The University of Hong Kong, China)

Managing Editor
Jian Li (Zhejiang Gongshang University, China)

Review Editor
Jiamin Pei (Zhejiang Gongshang University, China)

Editorial Board
Janet Ainsworth (Seattle University, USA)
Vijay Bhatia (Chinese University of Hong Kong, China)
Lucja Biel (University of Warsaw, Poland)
Malcolm Coulthard (Aston University, UK)
Marcel Danesi (University of Toronto, Canada)
Diana Eades (University of New England, Australia)
Jan Engberg (Aarhus University, Denmark)
Laura Ervo (Örebro University, Sweden)
Maurizio Gotti (University of Bergamo, Italy)
Craig Hoffman (Georgetown University, USA)
Ming Hu (Zhejiang University, China)
Christopher Hutton (The University of Hong Kong, China)
Kyo Kageura (The University of Tokyo, Japan)
Susan Petrilli (Università di Bari, Italy)
Gianluca Pontrandolfo (Università degli Studi di Trieste, Italy)
Richard Powell (Nihon University, Japan)
Gary Prideaux (University of Alberta, Canada)
Fernando Prieto Ramos (University of Geneva, Switzerland)
Susan Šarčević (University of Rijeka, Croatia)
Wei Shen (Shanghai Jiao Tong University, China)
King Kui Sin (University of Wollongong, Australia)
Jesús Romero Trillo (Universidad Autónoma de Madrid, Spain)
Joseph-G Turi (International Academy of Linguistic Law, Canada)
Anne Wagner (Lille University, France)
Guiguo Wang (Zhejiang University, China)
Catherine Way (University of Granada, Spain)
Zhiguo Xi (China University of Political Science and Law, China)
Yun Zhao (The University of Hong Kong, China)

Volume 8 Issue 2

December 2023

Publicly Available November 30, 2023

Frontmatter

Page range: i-iii

Download PDF

Research Articles

November 9, 2023

The YouTube-induced sequential categorization of the topical device of Amber Heard’s “lies”: an ethnomethodological forensic-linguistic perspective

Amir H. Y. Salama, Rania Magdi Fawzy

Page range: 171-198

Abstract

The present study seeks to untangle the courtroom trial’s sequential categorization of the topical device of Amber Heard’s ‘lies’ as YouTubed by the Daily Mail . Towards this end, the study develops and utilizes a synergetic approach of the ethnomethodological method of membership categorization analysis (MCA), the reconsidered model, the forensic-linguistics model of analysing courtroom trials, and translanguaging emoji pattern analysis. The following hypothesis has been tested: YouTube-mediated courtroom trials can publicly bring out an emergent digital genre with a special kind of translocal participatory engagement of trial participants, YouTube creators, and YouTube users. Towards proving the foregoing hypothesis, three sets of YouTube-video data have been investigated. The analysis has proven the study’s hypothesis with three findings ensuing. First, a new digital genre of trial emerged with the shift from the local setting of courtroom to the translocal/global setting of YouTube. Second, the YouTube translocal affordances have enabled a situated membership categorization of Heard as a lying defendant and Vasquez as a heroic lawyer. Third, a set of morally contrastive devices have been detected through the metadiscursive practices of enabling the internet/video and video-moment reporting and quoting as well as the translanguaging practice of emoji assignment by YouTube users.

November 10, 2023

Exploring network content ecosystem evaluation model based on Chinese judicial discourse of digital platform

Le Cheng, Ming Xu, Chien-Yi Chang

Page range: 199-224

Abstract

Constructing a green and harmonious cyberspace in a network content ecosystem is a beautiful vision for millions of netizens. This study, by establishing a self-compiled corpus of judicial discourse from digital platform typical cases in China and using a combination of corpus-based approach and case analysis method, represents the development status of the Chinese network content ecosystem in order to develop a model for understanding and evaluating a network content ecosystem. Based on the analysis results of Chinese judicial discourse, an evaluation model, namely the People, Object, Technology, Organization, Government, Environment Framework (POTOGE), is derived after examining and evaluating four conceptual frameworks of the People, Process and Technology Framework (PPT), the Technology, Organization and Environment Framework (TOE), the Real Access/Real Impact Framework (RA/RI) and the People, Technology, Organization and Environment Framework (PTOE). To some extent, the POTOGE evaluation model presents a holistic and comprehensive perspective for understanding and evaluating a network content ecosystem and its key components, which can provide a reference for testing standards to ensure the sustainable development of current and future network content ecosystems. Meanwhile, the insights obtained from this study may help deepen our understanding of the judicial discourse and its thinking in the network content ecosystem. The analysis results of typical cases on digital platform can provide a reference for the formulation of future relevant laws and regulations and improve the legal protection and prevention awareness of society.

November 1, 2023

Voluntary assisted dying and euthanasia’s perpetual pendulum in Australia

Anne Wagner

Page range: 225-234

Abstract

This paper delves into the intricate relationship between euthanasia and the perpetual pendulum concept, which challenges conventional linear understandings of time and legal principles. Examining euthanasia through the perpetual pendulum concept, inspired by Deleuze and Guattari’s rhizome theory, underscores that the acceptance or prohibition of euthanasia is deeply intertwined with evolving societal values and conceptual frameworks. It advocates for adaptable legal interpretations and an acknowledgment of the relative nature of time, allowing for the reevaluation and reinterpretation of legal principles in response to changing perspectives. The legal landscape of euthanasia in Australia, with varying state laws and potential conflicts with federal statutes, serves as a compelling case study. It emphasizes the ongoing need for discussion, adaptation, and ethical introspection to balance individual autonomy with broader legal and ethical considerations in the context of end-of-life care.

November 10, 2023

Investigating the targeted use of (dis)agreement in leave to appeal decisions of the HKSAR appellate courts: a corpus-assisted discourse analysis

Meng Ye, Jamie Mckeown

Page range: 235-255

Abstract

This study explores the use of targeted (dis)agreement by judges in leave to appeal decisions of the HKSAR appellate courts. This is achieved by applying proclaim (i.e., pronounce, concur, and endorse) and disclaim (i.e., deny and counter) of Appraisal theory and a typology of discourse targets (i.e., General, Responsive, and Specific). The study identifies significant frequency differences in the use of targeted (dis)agreement between a corpus of grant and a corpus of dismissal decisions. Amongst other things, the findings show that, in grant decisions, judges used a greater amount of General proclaim (i.e., pronounce) to convey how applications satisfied the relevant legal requirements. Contrastively, in dismissal decisions, judges used a greater amount of General/Responsive proclaim (i.e., endorse and concur) to express agreement with the lower courts, case law, and general principles of law (which essentially functioned as rebuttals to the arguments submitted by applicants). General concur was also used to highlight general legal principles so as to classify current cases negatively. The present study also examines the impact of targeted (dis)agreement on outcomes (i.e., grant or dismiss). The findings demonstrate that General/Responsive proclaim and General/Responsive disclaim acted as independent predictors with either a positive or negative influence on the outcomes. The implications of these findings are discussed in the final section of the study.

November 1, 2023

Violence, responsibility and best interests: children rights in Elizabeth Harrower’s A Few Days in the Country and Other Stories

Fan Fang, Xinpei Yu, Yuan Kong

Page range: 257-272

Abstract

In her short story collection of A Few Days in the Country and Other Stories (2015), contemporary Australian novelist Elizabeth Harrower skillfully portrays a cohort of children who have come of age in diverse fractured family settings since the 1960s. This article delves into the realm of child welfare and best interests in Australia, elucidating the intricate web of family laws that govern these principles. It casts a revealing light on the myriad challenges children confront in contexts marked by family violence, parental separation, and child custody and adoption. This analysis exposes the unfortunate reality where children’s rights are frequently subverted by guardians, effectively preventing their meaningful involvement in familial decision-making. In instances of family violence, children are relegated to the role of silent victims, rendered voiceless by their inability to resist. During divorce proceedings, children are relegated to the sidelines, unable to actively participate in the decision-making process, resulting in the neglect or outright harm of their best interests. Children who find themselves in foster care or adoption situations often respond with unprecedented rebellion, asserting their independence and self-determination beneath the facade of silent victimhood. Tragically, their fundamental rights consistently remain inadequately protected. By undertaking a critical examination of the dynamic between adults and children within the framework of family law and by juxtaposing it with the contemporary portrayal of marginalized children in Australia, as exemplified in Harrower’s works, this article offers multifaceted insights that can guide efforts to safeguard children’s rights and enhance the development and implementation of legislation pertaining to children.

November 15, 2023

Constructing cybersecurity discourse via deconstructing legislation

Le Cheng, Jiaxuan Qiu, Yi Yang

Page range: 273-297

Abstract

Based on a self-built corpus of Chinese cybersecurity legislation, this study explores the construction of China’s official cybersecurity discourse via deconstructing cybersecurity legislation from the perspective of system theory. Analysis focusing on the internal features of the discourse obtains the themes, actors, and legal relations in China’s cybersecurity legislation. Among four pairs of legal relations, system theory provides an explanation for the tension between public-private legal relationship and private-private legal relationship, that is, whether the legislative system chooses to delegate network operators with administrative function depends on how the system perceives the nature of cybersecurity issues and integrate new issues into securitization process. Furthermore, the external features of legislation discourse reveal the changes in the number of all levels of cybersecurity legislation. It is found that the coupling resonance of the political system and the legal system promotes the development of relevant legislation, and facilitates the self-development legislation system to transfer from diversified legislation to unified legislation.

November 10, 2023

Negotiation of justice: the discursive construction of attitudinal positioning in bilingual legal judgments of HKSAR v KWAN WAN KI

Wei Yu

Page range: 299-333

Abstract

In appeal cases, judges from different levels of courts may have varying perspectives on the same set of facts, leading to different sentencing decisions. This study focuses on a specific traffic incident case in Hong Kong. In this case, a trial judge and a collegial panel at the High Court hold divergent opinions regarding the same set of facts, expressed through two different narrations and varying degrees of leniency in their rulings. By applying the framework of Appraisal Theory within a contextualized analysis, this paper reveals that the trial judge and the appellate judges employ differing amounts of evaluative expressions in reaching their decisions. I argue that evaluative language functions as a discursive strategy for negotiating justice, encompassing the narration of legal facts and the construction of legal arguments across different levels of the court system. Furthermore, through an examination of discrepancies between the two language versions, I contend that evaluative expressions, particularly the degree of attitude within the Appraisal Framework, warrant attention in the practice of legal translation. This attention is crucial for achieving a consistent level of emotive entropy in both language versions.

November 14, 2023

Between nature, law and social expectations – a case study of approaches to human–wildlife conflicts resulting from synanthropization and synurbanization in the Republic of Poland

Dariusz J. Gwiazdowicz, Aleksandra E. Matulewska, Mateusz Moszczyński

Page range: 335-363

Abstract

The paper focuses on the growing problem of human–wildlife conflicts that are reported in urbanized areas in the Republic of Poland. The twenty-first century is the period of increased synanthropization and synurbanization of animals. The presence of animals in urbanized areas has both advantages and disadvantages. On the one hand, contact with nature is considered beneficial for our psyche, but on the other hand wild animals damage property, participate in road collisions and sometimes pose threat to human health of life. Once the problems occur, citizens expect the authorities take some action. The aim of the paper is to present frequently conflicting social expectations concerning the problem at hand, legal solutions available and laws of nature. The research methods applied included: the analysis of legal provisions binding in the Republic of Poland combined with the interviews with representatives of institutions enforcing law in that respect, empirical observation of social attitudes and analyses of pertinent literature. The results reveals that inhabitants of cities in general opt for solutions that seem to be non-lethal for animals as they do not realize the risks involved for humans and animals. At the same time legal provisions are not sufficiently exhaustive to enable efficient problem solution.

November 9, 2023

Legal regulation of generative AI: a multidimensional construction

Jian Li, Xintong Cai, Le Cheng

Page range: 365-388

Abstract

The technological adoption and widespread use of generative AI, as represented by ChatGPT, have altered the conventional mode of interaction between humans and AI and profoundly changed the way our society operates. In response to the multifarious risks associated with generative AI, spanning ethical considerations, intellectual property protection, privacy and data protection, market monopoly, cybercrime, and data security concerns, discussions on the status of AI subjects and legal regulation have surfaced both on a global and domestic scale. It is argued in the present study that generative AI governance should uphold the principle of reconciling safety and development, craft an AI code of ethics in line with the umbrella of the human-centered principle, and promote a comprehensive legal framework of AI based on general AI legislation, supplemented by specialized management approaches for generative AI, and underpinned by established legal norms.

(Deutsch)

View latest issue

Online ISSN: 2364-883X
Print ISSN: 2364-8821
Type: Journal
Language: English
Publisher: De Gruyter Mouton
First published: April 20, 2016
Publication Frequency: 2 Issues per Year
Audience: researchers in the field of legal discourse, law professionals, administrators, policy makers and other social actors
Keywords: Law; Discourse Studies; Applied Linguistics; Sociology