Language Meaning And The Law

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Language, Meaning and the Law

Author : Christopher Hutton
Publisher : Edinburgh University Press
ISBN 13 : 0748633529
Total Pages : 256 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis Language, Meaning and the Law by : Christopher Hutton

Download or read book Language, Meaning and the Law written by Christopher Hutton and published by Edinburgh University Press. This book was released on 2009-01-19 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language, Meaning and the Law offers an accessible, critical guide to debates about linguistic meaning and interpretation in relation to legal language. Law is an ideal domain for considering fundamental questions relating to how we assign meanings to words, understand and comment on texts, and deal with socially and ideologically significant questions of interpretation. The book argues that theoretical issues of concern to linguists, philosophers, literary theorists and others are illuminated by the demands of the legal context, since law is driven by the need for practical solutions and for determinate outcomes based on explicit reasoning. Topics covered include: the relationship of linguistics to legal theory, indeterminacy and statutory interpretation, the theory and practice of using dictionaries in law, defamation and language in the public sphere, and the distinction between perjury and deception. This book does not assume specialist knowledge of the field, and is designed as a self-contained, advanced introduction to a fascinating area of study. The reader will gain an overall insight into issues and debates about meaning and interpretation, as well as an understanding of how these questions are shaped by the legal context.

Meaning and Power in the Language of Law

Author : Janny H. C. Leung
Publisher : Cambridge University Press
ISBN 13 : 1107112842
Total Pages : 345 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Meaning and Power in the Language of Law by : Janny H. C. Leung

Download or read book Meaning and Power in the Language of Law written by Janny H. C. Leung and published by Cambridge University Press. This book was released on 2018-01-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.

The Language of Judges

Author : Lawrence M. Solan
Publisher : University of Chicago Press
ISBN 13 : 0226767892
Total Pages : 231 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Language of Judges by : Lawrence M. Solan

Download or read book The Language of Judges written by Lawrence M. Solan and published by University of Chicago Press. This book was released on 2010-08-15 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Legal Language as a Special Language: Structural Features of English Legal Language

Author : Gaby Schneidereit
Publisher : GRIN Verlag
ISBN 13 : 3638654494
Total Pages : 53 pages
Book Rating : 4.6/5 (386 download)

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Book Synopsis Legal Language as a Special Language: Structural Features of English Legal Language by : Gaby Schneidereit

Download or read book Legal Language as a Special Language: Structural Features of English Legal Language written by Gaby Schneidereit and published by GRIN Verlag. This book was released on 2007-06 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2004 in the subject English Language and Literature Studies - Linguistics, grade: 1-, University of Dusseldorf "Heinrich Heine" (Anglistisches Institut), course: Domain Specific English Language - Language and Law, 5 entries in the bibliography, language: English, abstract: The English language has taken over the key role in international trade, legislation and policy-making. It has achieved "the enhanced status ...] as the dominant world language which] has led to an increased demand for the training of competent specialists able to mediate" (Alcaraz Varo/Hughes, 2002: 1). This goes along with a "phenomenal increase in the teaching of ...] 'English for special (or specific) purposes' " (ibid.: 2). What is the reason for this development? This piece of work might give an answer; it dedicates itself to domain specific English language: language and law. It concentrates on the characteristics of the structure of legal English in particular. An overview of the central structural features is given, without claiming completeness. Legal professionals aim at a precise explanation of facts which should leave no doubts. This aim forces them to use a certain kind of language pattern, such as including a high amount of definitions in legal texts, along with numerous complex and ancient phrases deriving from Law French and plentiful enumerations which can all together form a single sentence covering several lines. Dependent on which party they represent, lawyers make frequent use of features that reduce the agent in his identity while emphasizing the action - a matter of strategy which has the impeding of comprehension as a consequence. Therefore, the field of law becomes completely unapproachable for laymen, who are scarcely able to follow legal discourse. Even well-educated native speakers often find it hard to understand the language used in court. However, the access to one's rights is important. To begin with, the reader will be provided with an

Language and the Law

Author : John Peter Gibbons
Publisher : Routledge
ISBN 13 : 1317894537
Total Pages : 491 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Language and the Law by : John Peter Gibbons

Download or read book Language and the Law written by John Peter Gibbons and published by Routledge. This book was released on 2014-09-25 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains and describes the ways that language use in the legal system can create inequality and disadvantage. It examines the three main areas where the two intersect: the central issue of the language of the law; the disadvantage which language can impose before the law, and forensic linguistics - the use of linguistic evidence in legal processes. Each section of the book is preceded by an introduction by the editor which sets the paper within a conceptual framework. Lawyer's opinions are not neglected even though the collection is written mainly by linguists. The section concludes with a lawyer's response, in which a prominent lawyer with a particular interest in the content of the section responds to the papers.

Legal Meanings

Author : Janet Giltrow
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110720965
Total Pages : 200 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis Legal Meanings by : Janet Giltrow

Download or read book Legal Meanings written by Janet Giltrow and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-09-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is about how law makes meaning and how meaning makes law. Through clear methodology and substantial findings, chapters expose the deficits of ‘literal’ meaning and the difficulties in 'ordinary' meaning, in international legal contexts and in more immediate social ones, as well as in courtrooms. Further, chapters in this volume see the challenges to national and international commitments to all speakers sharing a common meaning.

The Language of the Law

Author : David Mellinkoff
Publisher : Wipf and Stock Publishers
ISBN 13 : 1725210800
Total Pages : 540 pages
Book Rating : 4.7/5 (252 download)

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Book Synopsis The Language of the Law by : David Mellinkoff

Download or read book The Language of the Law written by David Mellinkoff and published by Wipf and Stock Publishers. This book was released on 2004-05-13 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is that rare book which both informs and entertains. It is scholarly and sprightly - an unusual combination for any book, let alone one treating of the law. Lawyers and laymen alike can read it with profit and amusement. I hope many do, for it deserves a wide audience. The Honorable Arthur J. Goldberg (1908-1990), United States Supreme Court, The New York Herald Tribune A superb piece of writing, lucid, witty, meticulous in scholarship and unfailingly interesting. Robert R. Kirsch, Los Angeles Times We now have a full-scale study of our legal language that is written with an extraordinary awareness for vacuous words and phrases and an astounding amount of research into their history and usage.... This book has a practical value to every lawyer who drafts a document, a pleading, or even a letter. It is a great plea to bring the law up to date by awakening us to the empty verbalisms in which we think we are housing our thoughts.... It is a rare book that has value for all lawyers, despite the tendency of publishers and reviewers to make this claim with great frequency. Here, however, is a rarity. No lawyer could fail to learn many facts of surprising interest. But beyond this, 'The Language of the Law' presents a subtle challenge to the American Bar, a stimulus to improve our work and our profession by sharpening the product of our minds. If we meet this challenge head-on, we can perform a far more fundamental and genuine service to our clients, the public, and to ourselves than any other area of improvement, including court reform, can possibly offer. Ray D. Henson, American Bar Association Journal It should be compulsory reading for lawyers and judges; for a layman it is learning and entertainment of high order. The Honorable Matthew O. Tobriner (d. 1982), Associate Justice, Supreme Court of California, San Francisco Chronicle ...[B]rilliant and discursive treatise, concisely and urbanely presented,...a remarkable stimulus, recommended highly to the general reader as well as the wordy professional. Hugo Sonnenschein, Jr., Chicago Daily News

The Oxford Handbook of Language and Law

Author : Peter Meijes Tiersma
Publisher : Oxford University Press
ISBN 13 : 9780199572120
Total Pages : 665 pages
Book Rating : 4.5/5 (721 download)

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Book Synopsis The Oxford Handbook of Language and Law by : Peter Meijes Tiersma

Download or read book The Oxford Handbook of Language and Law written by Peter Meijes Tiersma and published by Oxford University Press. This book was released on 2012-03-08 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

When Words Lose Their Meaning

Author : James Boyd White
Publisher : University of Chicago Press
ISBN 13 : 022605604X
Total Pages : 395 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis When Words Lose Their Meaning by : James Boyd White

Download or read book When Words Lose Their Meaning written by James Boyd White and published by University of Chicago Press. This book was released on 2012-12-21 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through fresh readings of texts ranging from Homer's Iliad, Swift's Tale of a Tub, and Austen's Emma through the United States Constitution and McCulloch v. Maryland, James Boyd White examines the relationship between an individual mind and its language and culture as well as the "textual community" established between writer and audience. These striking textual analyses develop a rhetoric—a "way of reading" that can be brought to any text but that, in broader terms, becomes a way of learning that can shape the reader's life. "In this ambitious and demanding work of literary criticism, James Boyd White seeks to communicate 'a sense of reading in a new and different way.' . . . [White's] marriage of lawyerly acumen and classically trained literary sensibility—equally evident in his earlier work, The Legal Imagination—gives the best parts of When Words Lose Their Meaning a gravity and moral earnestness rare in the pages of contemporary literary criticism."—Roger Kimball, American Scholar "James Boyd White makes a state-of-the-art attempt to enrich legal theory with the insights of modern literary theory. Of its kind, it is a singular and standout achievement. . . . [White's] selections span the whole range of legal, literary, and political offerings, and his writing evidences a sustained and intimate experience with these texts. Writing with natural elegance, White manages to be insightful and inciteful. Throughout, his timely book is energized by an urgent love of literature and law and their liberating potential. His passion and sincerity are palpable."—Allan C. Hutchinson, Yale Law Journal "Undeniably a unique and significant work. . . . When Words Lose Their Meaning is a rewarding book by a distinguished legal scholar. It is a showcase for the most interesting sort of inter-disciplinary work: the kind that brings together from traditionally separate fields not so much information as ideas and approaches."—R. B. Kershner, Jr., Georgia Review

Law, Language and Translation

Author : Rosanna Masiola
Publisher : Springer
ISBN 13 : 3319142712
Total Pages : 94 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Law, Language and Translation by : Rosanna Masiola

Download or read book Law, Language and Translation written by Rosanna Masiola and published by Springer. This book was released on 2015-02-21 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean ‘conflicting interpretations’ engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as ‘rustling, duffing, raiding, stock theft, lifting and predatorial larceny.’ Crime and punishment are differently perceived depending on cultures and legal systems: ‘Captain Starlight’ was a legendary ‘duffer’; in India ‘lifting’ a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing ‘unequal treaties’ (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the ‘trail of broken treaties’), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).

Researching Language and the Law

Author : Davide S. Giannoni
Publisher : Peter Lang
ISBN 13 : 9783034304436
Total Pages : 292 pages
Book Rating : 4.3/5 (44 download)

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Book Synopsis Researching Language and the Law by : Davide S. Giannoni

Download or read book Researching Language and the Law written by Davide S. Giannoni and published by Peter Lang. This book was released on 2010 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume reflects the latest work of scholars specialising in the linguistic and legal aspects of normative texts across languages (English, Danish, French, Italian, Spanish) and law systems. Like other domains of specialised language use, legal discourse is subject to the converging pressures of internationalisation and of emerging practices that destabilise well-established norms and routines. In an integrated, interdependent context, supranational laws, rules and procedures are gradually developed and harmonised to regulate issues that can no longer be dealt with by national laws alone, as in the case of the European Union. The contributors discuss the impact of such developments on the construction, evolution and hybridisation of legal texts, analysed both linguistically and from the practitioner's standpoint.

Definition in Theory and Practice

Author : Roy Harris
Publisher : A&C Black
ISBN 13 : 0826497055
Total Pages : 249 pages
Book Rating : 4.8/5 (264 download)

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Book Synopsis Definition in Theory and Practice by : Roy Harris

Download or read book Definition in Theory and Practice written by Roy Harris and published by A&C Black. This book was released on 2007-07-24 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long history of conflicting assumptions about the way language functions has engaged the minds of some of the most eminent thinkers in the Western tradition. This text explores the problem of definition, focusing in particular on two areas where this difficulty has arisen in a particularly acute form: lexicography and the law.

Translation and the Law

Author : Marshall Morris
Publisher : John Benjamins Publishing
ISBN 13 : 9027231834
Total Pages : 348 pages
Book Rating : 4.0/5 (272 download)

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Book Synopsis Translation and the Law by : Marshall Morris

Download or read book Translation and the Law written by Marshall Morris and published by John Benjamins Publishing. This book was released on 1995-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This long needed reference on the innumerable and increasing ways that the law intersects with translation and interpreting features essays by scholars and professions from the United States, Australia, Hong Kong, Iceland, Israel, Japan, and Sweden. The essays range from sophisticated treatments of historical and hence philosophical variations in concept and practice to detailed practical advice on self-education. Essays show a particular concern for the challenges of courtroom discourse when the parties not only use different languages but operate from different cultural and legal traditions.

The Nature of Legal Interpretation

Author : Brian G. Slocum
Publisher : University of Chicago Press
ISBN 13 : 022644516X
Total Pages : 299 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Nature of Legal Interpretation by : Brian G. Slocum

Download or read book The Nature of Legal Interpretation written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2017-05-17 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.

Translation Issues in Language and Law

Author : Frances E. Olsen
Publisher : Palgrave MacMillan
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Translation Issues in Language and Law by : Frances E. Olsen

Download or read book Translation Issues in Language and Law written by Frances E. Olsen and published by Palgrave MacMillan. This book was released on 2009-03-19 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from world-class specialists this first book-length work looks at translation issues in forensic linguistics, where accuracy and cultural understandings play a prominent part in the legal process.

Legal Language

Author : Peter M. Tiersma
Publisher : University of Chicago Press
ISBN 13 : 9780226803029
Total Pages : 340 pages
Book Rating : 4.8/5 (3 download)

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Book Synopsis Legal Language by : Peter M. Tiersma

Download or read book Legal Language written by Peter M. Tiersma and published by University of Chicago Press. This book was released on 1999-02 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This history of legal language slices through the polysyllabic thicket of legalese. The text shows to what extent legalese is simply a product of its past and demonstrates that arcane vocabulary is not an inevitable feature of our legal system.

The Language of Statutes

Author : Lawrence Solan
Publisher : University of Chicago Press
ISBN 13 : 0226767965
Total Pages : 300 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Language of Statutes by : Lawrence Solan

Download or read book The Language of Statutes written by Lawrence Solan and published by University of Chicago Press. This book was released on 2010-12 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.