• Le 24 juin 2022 de 14:00 à 16:00
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La 14eme et dernière séance du sémiaire francophone tournant de jurilinguistique « Stéréotypes de la langue juridique et dans la langue juridique » s'articulera autour des communications de Dieter Stein Heinrich-Heine-University Düsseldorf) : « Language in the law » et de Benedikt Pirker (University of Fribourg) - « International law and pragmatics – The first 15 years »

Vendredi 24 juin 2022

Dieter Stein (Heinrich-Heine-University Düsseldorf) - « Language in the law »

After clarifying the internal structure of the large area of activities encompassing the types of connections between language and the law, the talk will discuss the logical relationship between language and the law in the sense that one of the fields takes logical precedence. The principal fields involved are characterized by applying concepts and instruments of analysis from linguistic in applying them in the explicitation of communication processes in the law. The talk then zeroes in on the specific role of pragmatic theories in elucidation processes in both legal linguistics and forensic linguistics.

Benedikt Pirker (University of Fribourg) - « International law and pragmatics – The first 15 years »

This talk revisits 15 years of research on international law and pragmatics seen from the perspective of my own research. 15 years is chosen as in 2007 Ulf Linderfalk’s book “On the Interpretation of Treaties” appeared as a first attempt to apply pragmatic knowledge to international law, more precisely to the topic of treaty interpretation. My own research began to deal with this topic a few years later and since then, in cooperation with others I have been working on various questions related to international law and linguistics more broadly. In a first phase, Jennifer Smolka and I worked on a variety of foundational issues as to how to integrate linguistic-pragmatic knowledge into research on legal interpretation in international law, exploring in this context also distinctions and categorizations created within pragmatics and their usefulness for legal reasoning. Second, we turned to a broader dissemination strategy to bring linguistics (including pragmatics) to the attention of a larger audience of international lawyers. In a third phase, together with Izabela Skoczen I explored the applicability of methods of experimental jurisprudence and experimental pragmatics to international law, focusing on the real-life operation of treaty interpretation by both laypersons and experts. Finally, two current projects involve Izabela Skoczen on the one hand and Jennifer Smolka and Danae Azaria on the other hand. The first project intends to examine the role of biases in the interpretation of international criminal law (with the example of the currently debated definition of an international crime of ecocide). The second project proposes a foundational inquiry into commitment in pragmatics and international law and what both sides can learn from each other, e.g. concerning the much debated topic of State silence in international law and how it is to be understood and legally classified.