Battles against domestic violence in the People’s Republic of China have been carried out since 1995. In this study, legislative progression of laws related to domestic violence is first examined and clarified; second, findings from the legislative review are investigated on the basis of civil and criminal cases; third, the interaction among social and traditional norms, legislation, and judicial outcomes is explored and interpreted from a sociosemiotic perspective. It is found in this study that: 1) legislation and judicial practices of (...) domestic violence in the P. R. C. are closely intertwined with social and traditional norms; 2) there is a gap between judicial practices dealing with domestic violence and the legislation; 3) the Anti-Domestic Violence Law offers a notch for state powers to embrace the familial relationship and to safeguard a victim. (shrink)

The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called “essentially oxymoronic concepts”, i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the domain of literature, the arts or mysticism. Today, however, many new technologies and other innovations are contributing to their rise also in the domains of science and of law. Particularly in law, their inherent contradictory quality of combining apparently (...) antagonistic suppositions challenges the traditional dualistic mode of reasoning and binary logic. As reflected in terms like fake news, alternative facts or conspiracy theories, these concepts are seen as a threat to the rule of law and legal certainty and have been described as harbingers of an age of disinformation or post-truth. The challenge posed by these apparently contradictory concepts requires a closer look at the premises that guide our legal thinking and a more integrated theory of the senses and their role in law, as captured by the terms “legal synaesthesia” and “legal semiotics”. It also calls for an inquiry into the mind’s functioning generally and how it processes information in the creative process of decision making, linking thoughts and actions as well as facts and fictions. Based on the qualification of “fake news” as an oxymoron, this article critically examines the deficiencies in a dichotomous distinction between fact and fiction exemplified by information about the pandemic of coronavirus disease 2019 in an attempt to clarify the principal issues for a global regulatory debate regarding “fake news”. (shrink)