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The Category of Impartiality in the Semantic Frames of Trial and Mediation

  • Wojciech Leder

摘要

The aim of this article is methodological, specifically to apply cognitive linguistics to the legal concept of mediators' impartiality, viewed in relation to the prototypical impartiality of judges. Specifically, the notions of semantic frame, schema, and prototype are employed. It addresses a fundamental theoretical issue: how the impartiality of a mediator constitutes an alternative to judicial impartiality. The research identifies the semantic frames of TRIAL and MEDIATION as distinct cognitive structures that organise the professional understanding of impartiality. The paper argues that judicial impartiality constitutes the prototype of the category, while the mediator’s impartiality is a non-prototypical, peripheral variation. The study’s primary objective is to demonstrate the feasibility and usefulness of applying linguistic tools - traditionally unused in legal science - to reveal the structure of legal categories. The originality of this work lies in reconstructing the semantic frame of MEDIATION using ethical codes for mediators, and in contrasting it with the TRIAL frame. The research is conducted within the scope of the Polish legal language, with conceptual implications that may extend to the EU and international contexts. The paper provides a novel cognitive-linguistic perspective on the categorisation of impartiality, which may serve as a basis for further empirical research and practicalreflectionon the normative conditions of mediator impartiality.