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- Ervo, Laura, 1966-, et al.
(författare)
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Legal bilingualisation and factual multilingualisation : a comparative study of the protection of linguistic minorities in civil proceedings between Finland and Italy
- 2012
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Ingår i: International Journal of Law, Language and Discourse. - : Academic Scholars Publishing House. - 1839-8308. ; 2:4, s. 62-98
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Tidskriftsartikel (refereegranskat)abstract
- The post-modern court culture in civil litigation is based on communication and interaction between the parties and the judge. There has been a radical change from the adjudication, ideals of material law and a substantively correct judgment towards the ideal of negotiated law and pragmatically acceptable compromise. Currently, the most important function in the adjudication is that the contextual decisions, which the parties are satisfied with, are produced through fair proceedings. There has even been a change from the formal justice towards a perceived procedural justice and from the judicial power towards court service. In achieving these aims, communication and interaction of judges and parties are the most important tools. From this point of view, the language and the linguistic rights play currently a very significant role in the current civil procedural court culture. At the same time, the free movement guaranteed by EU, the global phenomenon of immigration and the refugee problems are current worldwide issues. The linguistic context is complex and multilingualisation has become a commonplace. The current question is how these challenges can be met? In this article, we shall exam the bilingual system in civil proceedings in Finland and in Italy.
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- Ervo, Laura, 1966-
(författare)
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Multiculturalism in the fact gathering
- 2013
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Ingår i: <sup>Proceedings of The Third International Conference on Law, Translation and Culture. May 31 - June 2, 2013, Hangzhou, China.</sup>. - Marietta : The American Scholars Press. - 9780985598624 ; , s. XXV-XXX
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Bokkapitel (refereegranskat)abstract
- In the frame of the free reception and evaluation of evidence where the court decides what has been proofed in the case, misunderstandings during the fact gathering can lead to a wrong decision. From this perspective multicultural situations are extremely challenging. Therefore, cultural and multicultural differences should be taken into consideration much more. They should be a part in the legal education and there should be more discussion on the topic. In addition, court proceedings should be organized in such a way:where different cultural needs are taken into consideration. Judges should also be more aware of the legal ethnology.
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- Ervo, Laura, 1966-
(författare)
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The hidden meanings in the case law of the European Court for Human Rights
- 2016
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Ingår i: Semiotica. - : Walter de Gruyter. - 0037-1998 .- 1613-3692. ; 209, s. 209-230
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Tidskriftsartikel (refereegranskat)abstract
- In my paper, I will study the case law of the European Court of Human Rights by using discourse analysis as a method. My hypothesis is that the court has changed its line concerning the right to a fair trial (in article 6 of the European Convention for Human Rights) over the last twenty years. Earlier, it always defended the rights of the accused and the authorities' problems, for instance, in fact gathering, were recessive. The same covered the rights of the witnesses even if the court usually confessed that also the witness has their rights, which should be respected. It also stressed that authorities of course have difficulties with proof - for example - the offences that are connected with the organized crime. Still, the rights of defense were always number one and inviolate. During recent years, the line seems to have changed even if the court has not transparently said so. However, it has given some new precedents by the Grand Chamber where the rights of the defense have been limited more than before; for instance, the cases Jalloh v. Germany (11 July 2006), Gafgen v. Germany (1 June 2010), and Al-Khawaja and Tahery v. Great Britain (15 December 2011). The expressions used in case law show that the way of thinking has changed as well. Still, the changes are sometimes more hidden than transparent where discourse analysis is the only tool for catching the changes and showing differences in the thinking of the court.
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- Ervo, Laura, 1966-
(författare)
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Religious Affects in Civil Procedure = Влияние религии на гражданский процесс : East-Scandinavian Perspective = восточноскандинавская перспектива
- 2014
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Ingår i: Herald of Civil Procedure = Vestnik Grazdanskogo Protsessa. - : Izdatel'skii Dom V. Ema,Publishing House of V. Em, LLC.. - 2226-0781. ; :4, s. 35-50
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Tidskriftsartikel (refereegranskat)abstract
- The article provides a brief review of the relationship between religious and legal institutions, the influence of the Lutheran Church on civil procedural law, examines the impact of religion on alternative forms of dispute resolution, institute of immunity, the principle of the independence and impartiality of the court. Public life in Finland and Sweden all less becomes religious, especially with regard to the situation in Sweden. Religion is a private matter and does not play a significant role in public life. Public institutions: the courts, schools, etc., should be neutral to religious beliefs, because you have to follow the rule of freedom of religion, but public life in these countries is based on the Christian traditions and Christian ethics, and, of course, these historical conditions cannot be ignored. In the Nordic countries, people usually do not mix the religious aspects and the resolution of legal disputes, at least, such is the case with the followers of the major religions. However, in family disputes was mediation involving religious leaders.
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- Ervo, Laura, 1966-
(författare)
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Liability and social control of Scandinavian judges
- 2013. - 1
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Ingår i: Liability of public officers. - Plock : Oficyna Wydawnicza Szkoły Wyższej im. Pawła Włodkowica. - 9788362709557 ; , s. 117-132
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Bokkapitel (refereegranskat)
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