Language in Dispute

Language in Dispute PDF Author: Pope John XXI
Publisher: John Benjamins Publishing
ISBN: 902724524X
Category : Language Arts & Disciplines
Languages : en
Pages : 312

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Book Description
This book is a translation of Petrus Hispanus' 13th century text. Hispanus was a contemporary of linguistic theorists called 'Modistae' after 12th to 14th century writings entitled De Modis Significandi. Their concerns involved differences between the way things are in themselves, how we understand them, and how grammatical conventions require us to communicate about them.

Language in Dispute

Language in Dispute PDF Author: Pope John XXI
Publisher: John Benjamins Publishing
ISBN: 902724524X
Category : Language Arts & Disciplines
Languages : en
Pages : 312

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Book Description
This book is a translation of Petrus Hispanus' 13th century text. Hispanus was a contemporary of linguistic theorists called 'Modistae' after 12th to 14th century writings entitled De Modis Significandi. Their concerns involved differences between the way things are in themselves, how we understand them, and how grammatical conventions require us to communicate about them.

Language in the Negotiation of Justice

Language in the Negotiation of Justice PDF Author: Girolamo Tessuto
Publisher: Routledge
ISBN: 1317107977
Category : Law
Languages : en
Pages : 326

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Book Description
This book explores the ways language is used by the professional legal community for the communication of its main business - the negotiation of justice - in today’s globalized world. The volume addresses three main aspects of language use in the negotiation of justice. Beginning with the legal contexts of litigation, arbitration and mediation, the book moves on to discuss the main issues identified in those contexts and finally it explores the applications of legal linguistics. These three aspects are studied across the themes of analyses of legal discourse and genres, issues of power and ideology in the use of legal language, cross-cultural legal communication, questions of recontextualization, accessibility and plain language, law and disciplinary identity, and pedagogy of legal language. With chapters set across a variety of jurisdictions, the contributions offer analytical insights into the interface between law and language. The book is a valuable resource for those in the legal community wishing to increase their understanding of the use of language for the negotiation of justice.

The Oxford Handbook of Language and Social Psychology

The Oxford Handbook of Language and Social Psychology PDF Author: Thomas M. Holtgraves
Publisher: Oxford University Press
ISBN: 019983864X
Category : Psychology
Languages : en
Pages : 568

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Book Description
Language pervades everything we do as social beings. It is, in fact, difficult to disentangle language from social life, and hence its importance is often missed. The emergence of new communication technologies makes this even more striking. People come to "know" one another through these interactions without ever having met face-to-face. How? Through the words they use and the way they use them. The Oxford Handbook of Language and Social Psychology is a unique and innovative compilation of research that lies at the intersection of language and social psychology. Language is viewed as a social activity, and to understand this complex human activity requires a consideration of its social psychological underpinnings. Moreover, as a social activity, the use and in fact the existence of language has implications for a host of traditional social psychological processes. Hence, there is a reciprocal relationship between language and social psychology, and it is this reciprocal relationship that defines the essence of this handbook. The handbook is divided into six sections. The first two sections focus on the social underpinnings of language, that is, the social coordination required to use language, as well as the manner in which language and broad social dimensions such as culture mutually constitute one another. The next two sections consider the implications of language for a host of traditional social psychological topics, including both intraindividual (e.g., attribution) and interindividual (e.g., intergroup relations) processes. The fifth section examines the role of language in the creation of meaning, and the final section includes chapters documenting the importance of the language-social psychology interface for a number of applied areas.

The Discourses of Dispute Resolution

The Discourses of Dispute Resolution PDF Author: Vijay Kumar Bhatia
Publisher: Peter Lang
ISBN: 9783034304764
Category : Dispute resolution (Law)
Languages : en
Pages : 304

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Book Description
This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.

Dispute Resolution in China, Europe and World

Dispute Resolution in China, Europe and World PDF Author: Lei Chen
Publisher: Springer Nature
ISBN: 3030429741
Category : Law
Languages : en
Pages : 294

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Book Description
This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features. The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).

Fighting over Words

Fighting over Words PDF Author: Roger W. Shuy
Publisher: Oxford University Press
ISBN: 019045007X
Category : Language Arts & Disciplines
Languages : en
Pages : 256

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Book Description
Most people fight over something or other and language is usually at the very center of the conflict. Often the way we use language is the cause of the battle. There are many areas in which fighting about language can be observed but civil law cases offer the most fertile examples of this warfare over words. What did the contract actually say? Was there deception in the advertising? Was the warning label clear and effective? Did the company evidence race or age discrimination against employees or customers? Was one company's name too similar to that of another company? Did the corporation plagiarize the work of another? Did it fraudulently represent what its work? This book is about the ways linguistic analysis describes, exposes, and aids disputes in 18 civil cases where language framed the battleground. Roger Shuy, a well-known forensic linguist and consultant, shows how the skills of linguistic analysis can help resolve disputed meanings, while also showing how civil cases can prove to be fertile ground for linguistic scholarship. He does this by collecting and analyzing cases involving contracts, trademark disputes, advertisements, product liability, copyright infringement, discrimination, trademark disputes, and fraud controversies. In each case he employs all the tools of formal linguistics to show how it can be as helpful as other physical sciences in resolving legal disagreements. The work will be of interest primarily to linguists -- sociolinguists, forensic linguists, and scholars and students of law and society -- as well as lawyers and law students.

Linguistic Battles in Trademark Disputes

Linguistic Battles in Trademark Disputes PDF Author: Roger Shuy
Publisher: Springer
ISBN: 023055475X
Category : Language Arts & Disciplines
Languages : en
Pages : 208

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Book Description
Battles over knowledge, authority, and power are often fought when two different fields address the same issues. This book takes an important step towards showing how quite different fields, law and linguistics, can work together effectively in trademark cases. After presenting the basics of each field, readers are shown how linguistics was used in ten trademark lawsuits, five of which had opposing linguists on each side. Finally, helpful suggestions are given to both linguists and lawyers.

Enforceability of Multi-Tiered Dispute Resolution Clauses

Enforceability of Multi-Tiered Dispute Resolution Clauses PDF Author: Ewelina Kajkowska
Publisher: Bloomsbury Publishing
ISBN: 1509910433
Category : Law
Languages : en
Pages : 272

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Book Description
This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.

Language, culture and conflict resolution. A case of Kiswahili as a unifying language in Kenya

Language, culture and conflict resolution. A case of Kiswahili as a unifying language in Kenya PDF Author: Denis Kisembe
Publisher: GRIN Verlag
ISBN: 3668757232
Category : Foreign Language Study
Languages : en
Pages : 17

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Book Description
Research Paper (undergraduate) from the year 2018 in the subject Communications - Specialized communication, Moi University (education), course: m-ed, language: English, abstract: The purpose of this paper is to show that a common language is one of the most important features of a diverse community. Human communication is based on features that describe an event and capture emotions, needs, interests and fears. Language is used to resolve or escalate dispute. Opara (2016) asserted that People from different culture and social units perceive the world through the lens provided by their distinctive languages. Meaning that language provides a repertoire of words that name the categories into which the language users have divided their world. In fact, definitions of words are linguistically, culturally and contextually bound. Words carry meanings that make sense to members of a shared social environment. Conflict resolution relies heavily on word choices. Here language is key to dispute resolution because it is the words human beings in the world use as an accelerator to harmonious living or existential war fronts. There is an assumption in Kenya that conflict is best resolved when people can speak in one “nativity”, for instance, the kikuyu when faced with conflict can best sort out the issue in their native language because of the semiotics of the conflict. There is linguistic consistency where all the words used add value to the discourse. The researcher posits that in a country like Kenya, were national conflicts build from local dialectics, Kiswahili can be the unifying factor and a conflict resolution tool. Kiswahili as a trade language in Eastern Africa does accommodate the diversity of culture and language use. The paper explores the strengths of Kiswahili language in intercultural conflict resolution, and emphasizes the need to consider the uses of the language in national and transnational conflict resolution.

Regional Economic Integration and Dispute Settlement in East Asia

Regional Economic Integration and Dispute Settlement in East Asia PDF Author: Anna G Tevini
Publisher: Bloomsbury Publishing
ISBN: 1782254889
Category : Law
Languages : en
Pages : 592

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Book Description
The accession of the People's Republic of China to the World Trade Organization (WTO) in 2001 significantly transformed the global economy both de facto and de jure. At the regional level, China's WTO accession served as an important catalyst for the establishment of Regional Trade Agreements (RTAs) in East Asia. This was a novel development for the region, since East Asian States had previously followed a largely informal, market-driven approach to regional economic integration. By contrast, rules-based economic integration involving East Asian States was traditionally limited to multilateral integration under the GATT/WTO framework. This book systematically analyses and explains the development, nature and challenges of rules-based regional economic integration in East Asia with particular attention to the region's first four RTAs. While also addressing the socio-economic, historical and political factors influencing the development of RTAs in East Asia, the book focuses on the legal institutions governing economic integration in the Association of Southeast Asian Nations (ASEAN), as well as under the ASEAN–China Comprehensive Economic Co-Operation Agreement (ACFTA), the Japan–Singapore New Age Economic Partnership Agreement (JSEPA), and the Mainland China–Hong Kong Closer Economic Partnership Arrangement (CEPA). The book provides a systematic, comparative account of the scope, depth and (hard law versus soft law) quality of rules-based economic integration achieved under these four RTAs in the areas of trade in goods and services, investment liberalisation and protection, labour mobility, and dispute settlement.