FESS >< FCLS >< FHESS — RESEARCH NOTE 26 THE DOCTRINE OF ENDOLOGUEₒ ENDOLOGICAL COMMUNICATIONₒ >< ENDOLOGICAL FEEDBACKₒ VERWEERₒ >< PRESERVED JUDICIAL POSITIONₒ
RESEARCH NOTE 26 — ENDOLOGUEₒ >< ENDOCRIMINAₒ FESS >< FCLS >< FHESS — Research Note 26 encounters the ECHR field through a concrete linguistic performance: the European Court of Human Rights intervenes in an already linguistically occupied field through its own juridical and juridicising language. This Research Note presents scientific findings developed through the Rome Statute's CRIMINAL JURISDICTIONₒ >< CARE JURISDICTIONₒ configuration, the ongoing IRANₒ >< UNITED STATESₒ warfare field, including the September 2026 findings of the Independent International Fact-Finding Mission on Iran, and contemporary tariff warfare. Within these encountered fields, CIRCULAR DIALOGICAL CONNECTIONₒ, THE CHILDREN OF THE BILLₒ and the availability of a JUDICIAL THIRD POSITIONₒ become empirically readable. The Court introduces and makes operative differentiating terms concerning, among others, judicial dialogue, subsidiarity, shared responsibility, legal pluralism, respect for differences, mutual understanding, partnership, trust, solidarity, cooperation and mutual enrichment. Research Note 26 encounters these direction-giving linguistic differentiations as ENDOCRIMINAₒ. They intervene among already operative grammars and readabilities and provide distinctions, qualifications and criteria according to which relations, positions and performances are to be juridically discerned within the field articulated by the Court. ECHRₒ >< JURIDICAL LANGUAGE INTERVENTIONₒ >< ENDOCRIMINAₒ >< DIFFERENTIATIONₒ >< JURIDICAL DISCERNMENTₒ From this empirical encounter, the Note reconstructs the relational, juridical and ethical differentiations carried by the Court's language and develops two interrelated doctrinal lines through continued reality-testing: ENDOLOGUEₒ and ENDOCRIMINAₒ >< GOODₒ >< GODₒ (GRAMMAR OF DISCERNMENTₒ). The scientific genealogy of circularity situates these findings in relation to interpersonal circular interaction and opens their SOCIOREFLEXOLOGICAL READINGₒ across hybrid and non-hybrid configurations. Within this development, FESS >< FCLS >< FHESS introduces ENDOLOGICAL FEEDBACKₒ and identifies the CONSEQUENCE-BEARING THIRD POSITIONₒ: a position situated outside the organising circular connection while remaining within its consequence field. ENDOLOGICAL FEEDBACKₒ further specifies this relational configuration. A position receives another position's performance, returns to the SHARED FIELDₒ, preserves its KRINEINₒ (discernment and decision from within one's own position and competence), and authors an ANSWERₒ. ENDOLOGUEₒ becomes operative through EXIT FROM CIRCULARITYₒ: the performance received from another position ceases to organise the grammar of the next performance. DIALOGICAL FEEDBACKₒ >< CIRCULAR DIALOGICAL CONNECTIONₒ >< RESPONSEₒ >< EXIT FROM CIRCULARITYₒ >< ENDOLOGICAL FEEDBACKₒ >< KRINEINₒ >< ANSWERₒ LEGAL EARₒ >< THE SOCIETAL FIELDₒ LEGAL EARₒ makes a particular encountered capacity of the judicial position readable. It HEARSₒ the represented field, IMAGES THE FIELDₒ in its wider societal configuration and, through KRINEINₒ (discernment and decision from within one's own position and competence), SPEAKS TO THE FIELDₒ through ANSWERₒ. HEARINGₒ >< IMAGING THE FIELDₒ >< SPEAKING TO THE FIELDₒ The judicial ANSWERₒ enters a societal field extending beyond the positions formally represented before the court. This opens the differentiation: REPRESENTATIONₒ >< RECIPIENCYₒ A consequence-bearing position can remain outside formal representation while remaining within the societal field addressed by the judicial ANSWERₒ. THE LOST CHILD OF THE BILLₒ thereby becomes readable as an unrepresented or insufficiently represented position that remains among the recipients of judicial speech. THE EAR HEARS THE FIELDₒ >< THE EAR IMAGES THE FIELDₒ >< THE EAR SPEAKS TO THE FIELDₒ. THE SUBSCRIPT OPERATOR ₒ Throughout this Research Note and its Annexes, the subscript operator ₒ marks a term as a FESS >< FCLS >< FHESS reading operator. It keeps the term connected with its ordinary, legal, scientific, institutional, philosophical or metaphysical meanings while locating its use within an encountered configuration. The operator keeps a reading available for return to the empirical field, further differentiation, reality-testing and the KRINEINₒ (discernment and decision from within one’s own position and competence) of other positions. AN ALREADY INJECTED FIELDₒ The encountered field already contains INJECTIONSₒ through which different grammars become operative. Political, military, economic, institutional, religious, juridical and other grammars can intervene in the same field through their respective language performances. The field therefore carries multiple existing READABILITIESₒ and the injections through which those readabilities seek to organise, qualify or direct relations, positions, representations and performances within it. The ECHR enters this already operative field through juridical and juridicising language of its own. Research Note 26 investigates the distinguishing and direction-giving terms within that language as ENDOCRIMINAₒ. ENDOCRIMINAₒ operate as direction-giving language injectionsₒ: they introduce distinctions, qualifications and criteria according to which the relevant field is to be discerned within the juridical grammar articulated by the Court. The Court intervenes among already operative grammars and injections through juridically authoritative and, where its competence so provides, legally compelling language. Existing injections, relations, positions and performances can thereby be distinguished, qualified, accepted, delimited, corrected or sanctioned within the relevant legal field. ENDOMETAPHYSICAL LANGUAGE INJECTIONₒ >< DEHYBRIDISATIONₒ The encountered field is already linguistically occupiedₒ. Different positions bring grammars, distinctions, qualifications and representations into it. FESS enters this field linguistically as well. ENDOMETAPHYSICAL LANGUAGE INJECTIONₒ names this intervention from the endometaphysical metapositionₒ. Through KLARINGₒ, the already operative positions, grammars, representations, capacities and relations become distinguishable within their encountered configuration. HYBRID FIELDₒ >< ENDOMETAPHYSICAL LANGUAGE INJECTIONₒ >< KLARINGₒ >< DEHYBRIDISATIONₒ DEHYBRIDISATIONₒ thereby preserves the encountered field while reopening the distinguishability of what has become entangled within it. The FESS operation makes the simultaneously operative grammars available for differentiation while preserving the positions from which their respective representations and KRINEINₒ remain available. This endometaphysical finding opens further differentiation within FCLS >< FHESS, where juridical and specifically jurisdictional language injectionsₒ can be investigated from the competent legal positions through which juridical distinctions, qualifications and criteria become operative within their respective fields. ENDOLOGUEₒ — PRESERVING POSITION AND AUTHORSHIP The first doctrinal line develops ENDOLOGUEₒ from the empirically encountered relation between distinct competent judicial positions. The ECHR field shows how communication can operate while competence, representation and authorship of judgment remain preserved. Research Note 26 reconstructs this relational configuration through ENDOLOGICAL COMMUNICATIONₒ, ENDOLOGICAL FEEDBACKₒ, VERWEERₒ, PRESERVED JUDICIAL POSITIONₒ and KRINEINₒ. ENDOLOGUEₒ thereby carries within one doctrinal term a semantic field that the Court articulates through a rich juridical and juridicising vocabulary concerning judicial dialogue, cooperation, subsidiarity, shared responsibility, legal pluralism, respect for differences, mutual understanding, trust, solidarity and mutual enrichment. ENDOCRIMINAₒ >< GOODₒ >< GODₒ The second doctrinal line investigates the ethical performanceₒ of the differentiations encountered within that same juridical vocabulary. Terms concerning subsidiarity, shared responsibility, respect for differences, mutual understanding, cooperation, trust, solidarity and mutual enrichment do more than describe relations between judicial positions. As ENDOCRIMINAₒ, their insertion into juridical and juridicising language intervenes in the grammar according to which relations, positions, injections and their consequences are to be distinguished. They thereby provide concrete criteria of ethical discernment through which GOODₒ becomes distinguishable within the encountered field. This doctrinal development opens GODₒ as GRAMMAR OF DISCERNMENTₒ. GODₒ here designates a referential ethical grammar rather than a particular metaphysical entity. Such a grammar can be occupied, articulated or represented through particular metaphysical entities and traditions, while its distinguishing operation remains readable from other metaphysical positions. The subscript is therefore especially important in GODₒ: it preserves the referential grammar for the KRINEINₒ of theist, atheist, agnostic and other metaphysical positions while each position retains its own representation. THE TABLETSₒ — CONCRETE ETHICAL DISCERNMENT The ECHR field makes this GRAMMAR OF DISCERNMENTₒ concretely investigable. Its ENDOCRIMINAₒ provide something analogous to “tabletsₒ”: concrete differentiating criteria according to which the encountered field is to be ethically discerned. The analogy concerns the operation of the criteria rather than a metaphysical status of the Court. The Court’s juridical and juridicising language gives concrete discriminating content to ethical terms within actual relations, competences and fields. Ethical concepts such as fraternity, equality or solidarity can thereby be investigated through their concrete juridical and relational differentiation rather than being left to operate as abstract ethical hypostases. MULTIDIRECTIONAL READABILITYₒ The notation >< preserves the multidirectional readability of the configuration: F
Authors
- Guido Ulens (ORCID: https://orcid.org/0009-0003-0686-3894)
Publication Details
- Journal
- Zenodo (CERN European Organization for Nuclear Research)
- Published
- 2026-09-29
- DOI
- https://doi.org/10.5281/zenodo.23013173
- Primary Topic
- European Criminal Justice and Data Protection
- Type
- article
- Field-Weighted Citation Impact
- 0.00