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Author: Lawrence M. Solan
Publisher: University of Chicago Press
ISBN: 0226767892
Category : Law
Languages : en
Pages : 231
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Book Description
Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.
Author: Lawrence M. Solan
Publisher: University of Chicago Press
ISBN: 0226767892
Category : Law
Languages : en
Pages : 231
Get Book Here
Book Description
Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.
Author: Iowa State Education Association
Publisher:
ISBN:
Category : Education
Languages : en
Pages : 398
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Book Description
Author: Sanford Schane
Publisher: Bloomsbury Publishing
ISBN: 1441114629
Category : Language Arts & Disciplines
Languages : en
Pages : 239
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Book Description
This comprehensive introduction to Language and the Law looks at the common areas of interaction between linguistics and the legal process. Each chapter presents a language issue or problem relevant to the law. This is then examined using excerpts from cases where judges in their decisions have had to confront that particular issue. Professor Schane considers each issue both from the legal point of view and from a linguistic point of view, to show how each are relevant to each other. Issues covered include: * Ambiguity * Vagueness * Metaphor * Legal fiction * Presuppositions * Leading questions * Legal hearsay The book requires no previous legal or linguistic background, and all concepts and notions from the two fields are explained in a non-technical manner. This fascinating introduction to Language and the Law will be of interest to students and academics encountering this area for the first time. Student friendly features include: exercises, suggestions for further reading, glossary and excerpts from relevant cases.
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1262
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Book Description
"Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies)
Author: Paul Martin Pearson
Publisher:
ISBN:
Category : Recitations
Languages : en
Pages : 484
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Book Description
Author:
Publisher:
ISBN:
Category : American periodicals
Languages : en
Pages : 428
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Book Description
Author: Gilbert Keith Chesterton
Publisher: Ignatius Press
ISBN: 9780898703672
Category : Language Arts & Disciplines
Languages : en
Pages : 664
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Book Description
The Collected Works of G.K. Chesterton is an ongoing project, edited by many of the most prominent Chesterton scholars in the world, including Dale Ahlquist, Denis Conlon, George Marlin, Lawrence Clipper, and many others. These handsome editions include explanatory footnotes, introductory essays, and much more.
Author: Dr Pedro Alexis Tabensky
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409485129
Category : Philosophy
Languages : en
Pages : 316
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Book Description
This collection embodies a debate that explores what could be characterised as the tension between judging and understanding. It seems that after a particular threshold of understanding of the basic facts leading to a given moral transgression, the more we understand the context and motives leading to crime, the more likely we are to abstain from harsh retributive judgement. Martha Nussbaum’s essay ‘Equity and Mercy’, included in this collection, is the philosophical starting point of this debate, and Bernhard Schlink’s novel The Reader - a novel exploring the tension between judging and understanding, among other things - is used as a case study by most contributors. Some contributors, situated at one end of the spectrum of views represented in this collection, argue for the wholesale elimination of our practices of retribution in the light of the tension between judging and understanding, while contributors on the other side of the spectrum argue that the tension does not actually exist. A whole array of intermediate positions, including Nussbaum’s, are represented. This anthology is comprised of nearly all specially commissioned essays bringing together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for properly understanding whether in fact there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
Author:
Publisher:
ISBN:
Category : Parapsychology
Languages : en
Pages : 664
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 816
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Book Description
