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Sprawiedliwość językowa w prawie środowiska: ludy tubylcze a narody Unii Europejskiej

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Osiejewicz J.
Lingwistyka Stosowana / Applied Linguistics / Angewandte Linguistik
|
2017
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issue 24
149-163
EN
One of the conditions for the effectiveness of guarantees attributed to peoples by international environmental law is their proper communication aimed at enabling these peoples to participate in the management of public affairs. The essence of communication with indigenous peoples is to obtain their consent to undertake operations that may carry a risk of harm to the environment. Communication with the EU nations takes place, on the other hand, by means of the EU secondary legislation. Although the subject in each of these cases is the peoples, and the purpose – conservation of the environment, different conceptual tools and methods of action apply. It is therefore reasonable to answer the question as to how these tools and methods enrich or limit the realization of claims in the linguistic aspect. The purpose of the paper is to reconstruct the assumptions about how to communicate with the peoples and to explore the conceptual framework that determines the concept of linguistic justice in international environmental law.
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Wspólna struktura ludzkich dociekań w pragmatyce komunikacji prawniczej

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Osiejewicz J.
Applied Linguistics Papers
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2019
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issue 26/3
51-61
EN
A lawyer who wants to go beyond matrix thinking must develop some mental and practical agility. Understanding and applying John Dewey's experimental logic allows this agility to be achieved. His concept of experimental logic assumes that creativity and subjectivity are the foundation of the functioning of a complex system of legal institutions. Dewey introduces the concept of a common structure or pattern of human inquiry, which remains largely the same regardless of the issue to which it is applied. The pragmatic pattern of legal reasoning is therefore based on a more general pattern of human reasoning. The purpose of the article is to discuss this concept and to present its assumptions in relation to legal reasoning and legal communication.
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