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Author: Stanisław Goźdź-Roszkowski
Publisher: Taylor & Francis
ISBN: 1003847803
Category : Law
Languages : en
Pages : 186
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Book Description
Integrating research methods from Linguistics with contemporary Legal Argumentation Theory, this book highlights the complexities of legal justification by focusing on the role of value-laden language in argument construction and use. The combination of linguistic analysis and the pragma-dialectic approach to legal argumentation yields a new way of perceiving and understanding the phenomenon of evaluation, one that offers theoretical and practical gains. Analyzing a vast corpus of judicial opinions from the United States Supreme Court and Poland’s Constitutional Court, the book paints a clear picture of complex linguistic choices made by judges to assess and support arguments in the justifications of their decisions. The book will be of interest to scholars in Law, Linguistics and Rhetoric, as well as to judges and practicing lawyers engaged in the art of argumentation.
Author: Stanislaw Gozdz Roszkowski
Publisher: Routledge
ISBN: 100048386X
Category : Language Arts & Disciplines
Languages : en
Pages : 247
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Book Description
This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.
Author: Stanisław Goźdź-Roszkowski
Publisher: Taylor & Francis
ISBN: 1003847803
Category : Law
Languages : en
Pages : 186
Get Book Here
Book Description
Integrating research methods from Linguistics with contemporary Legal Argumentation Theory, this book highlights the complexities of legal justification by focusing on the role of value-laden language in argument construction and use. The combination of linguistic analysis and the pragma-dialectic approach to legal argumentation yields a new way of perceiving and understanding the phenomenon of evaluation, one that offers theoretical and practical gains. Analyzing a vast corpus of judicial opinions from the United States Supreme Court and Poland’s Constitutional Court, the book paints a clear picture of complex linguistic choices made by judges to assess and support arguments in the justifications of their decisions. The book will be of interest to scholars in Law, Linguistics and Rhetoric, as well as to judges and practicing lawyers engaged in the art of argumentation.
Author: John M. Conley
Publisher: University of Chicago Press
ISBN: 022648453X
Category : Law
Languages : en
Pages : 262
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Book Description
Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Paul Bohannan
Publisher: Routledge
ISBN: 9781138489639
Category : Law, Tiv
Languages : en
Pages : 244
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Book Description
Since publication in 1957 the importance of Bohannan's study of judicial institutions and procedures among the Tiv has been widely recognized. It has contributed widely to the continuing discussion concerning the objectives and methods to be followed in the anthropological study of law and the contribution this makes to comparative jurisprudence. the work describes and defines Tiv ideas of 'law' as expressed in the operations of their courts known as Jir. The analysis is based on and illustrated by numerous cases which the author attended and discussed with leaders in the Jir.
Author: Janny H. C. Leung
Publisher: Cambridge University Press
ISBN: 1107112842
Category : Language Arts & Disciplines
Languages : en
Pages : 345
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Book Description
A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.
Author: Patricia Cochran
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773552324
Category : Law
Languages : en
Pages : 225
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Book Description
What does it mean when a judge in a court of law uses the phrase “common sense”? Is it a type of evidence or a mode of reasoning? In a world characterized by material and political inequalities, whose common sense should inform the law? Common Sense and Legal Judgment explores this rhetorically powerful phrase, arguing that common sense, when invoked in political and legal discourses without adequate reflection, poses a threat to the quality and legitimacy of legal judgment. Often operating in the service of conservatism, populism, or majoritarianism, common sense can harbour stereotypes, reproduce unjust power relations, and silence marginalized people. Nevertheless, drawing the works of theorists such as Thomas Reid, Antonio Gramsci, and Hannah Arendt into conversation with rulings by the Supreme Court of Canada, Patricia Cochran demonstrates that with careful attention, the democratic, egalitarian, and community-sustaining aspects of common sense can be brought to light. A call for critical self-reflection and the close scrutiny of power relationships and social contexts, this book is a direct response to social justice predicaments and their confounding relationships to law. Creative and interdisciplinary, Common Sense and Legal Judgment reinvigorates feminist and anti-poverty understandings of judgment, knowledge, justice, and accountability.
Author: Silvia Marino
Publisher: Springer
ISBN: 3319909053
Category : Law
Languages : en
Pages : 372
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Book Description
The book provides an overview of EU competition law with a focus on the main developments in Italy, Spain, Greece, Poland and Croatia and offers an in-depth analysis of the role of language, translation and multilingualism in its implementation and interpretation. The first part of the book focuses on the main developments in EU competition law in action, which includes legislation, case law and praxis. This part can be divided into two subparts: the private enforcement of EU competition law, and the cooperation among enforcers, i.e. the EU Commission, the national competition authorities and the national courts. Language is of paramount importance in the enforcement of EU competition law, and as such, the second part highlights legal linguistic skills, showcasing the advantages and the challenges of multilingualism, especially in the context of the predominant use of English as the EU drafting and vehicular language. The volume brings together contributions prepared and presented as part of the EU-funded research project “Training Action for Legal Practitioners: Linguistic Skills and Translation in EU Competition Law".
Author: Stanislaw Goźdź-Roszkowski
Publisher: Routledge
ISBN: 1315445719
Category : Law
Languages : en
Pages : 297
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Book Description
This volume presents a comprehensive and up-to-date overview of major developments in the study of how phraseology is used in a wide range of different legal and institutional contexts. This recent interest has been mainly sparked by the development of corpus linguistics research, which has both demonstrated the centrality of phraseological patterns in language and provided researchers with new and powerful analytical tools. However, there have been relatively few empirical studies of word combinations in the domain of law and in the many different contexts where legal discourse is used. This book seeks to address this gap by presenting some of the latest developments in the study of this linguistic phenomenon from corpus-based and interdisciplinary perspectives. The volume draws on current research in legal phraseology from a variety of perspectives: translation, comparative/contrastive studies, terminology, lexicography, discourse analysis and forensic linguistics. It contains contributions from leading experts in the field, focusing on a wide range of issues amply illustrated through in-depth corpus-informed analyses and case studies. Most contributions to this book are multilingual, featuring different legal systems and legal languages. The volume will be a valuable resource for linguists interested in phraseology as well as lawyers and legal scholars, translators, lexicographers, terminologists and students who wish to pursue research in the area.
Author: Tanzil Chowdhury
Publisher: Routledge
ISBN: 0429834888
Category : Education
Languages : en
Pages : 159
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Book Description
This book challenges the correspondence theory of judicial fact construction – that legal rules resemble and subsume facts ‘out there’ – and instead provides an account of judicial fact construction through legally produced times- or adjudicative temporalities- that structure legal subject and event formation in legal judgement. Drawing on Bergsonian and Gadamerian theories of time, this book details how certain adjudicative temporalities can produce fully willed and autonomous subjects through ‘time framed’ legal events – in effect, the paradigmatic liberal legal subject – or how alternative adjudicative temporalities may structure legal subjects that are situated and constituted by social structures. The consequences of this novel account of legal judgement are fourfold. The first is that judicial fact construction is not exclusively determined by the legal rule (s) but by adjudication’s production of temporalities. The second is that the selection between different adjudicative temporalities is generally indeterminate, though influenced by wider social structures. As will be argued, social structures, framed as a particular type of past produced by certain adjudicative temporalities, may either be incorporated in the rendering of the legal event or elided. The third is that, with the book’s focus on criminal law, different deployments of adjudicative temporalities effect responsibility ascription. Finally, it is argued that the demystification of time as that which structures event and subject formation reveals another way in which to uncover the politics of legal judgement and the potential for its transformative potential, through either its inclusion or its elision of social structures in adjudication’s determination of facts. This book will be of interest to students and scholars in the field of legal judgement, legal theory and jurisprudence.
