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Obscurity And Clarity In The Law
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Book Synopsis Obscurity and Clarity in the Law by : Sophie Cacciaguidi-Fahy
Download or read book Obscurity and Clarity in the Law written by Sophie Cacciaguidi-Fahy and published by Routledge. This book was released on 2016-12-05 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.
Book Synopsis Legal Language and the Search for Clarity by : Anne Wagner
Download or read book Legal Language and the Search for Clarity written by Anne Wagner and published by Peter Lang. This book was released on 2006 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary collection with contributions in English and French explores how the various disciplines of law and linguistics appreciate and work towards improving the nature of clarity and obscurity in legal language. For the first time, it brings together legal academics and practitioners, jurilinguists and linguists from the common law and civil law with the specific aim to understand the complex nature, practice and tools of clarity and obscurity in legal drafting. Topics addressed include how the Clarity framework has been put into practice through the use of plainer language, better comprehensibility, readability and access to legal or administrative texts. In an attempt to reflect the more recent development of the Clarity-Obscurity debate, the editors have also focused on the use of specific instruments to respond to the problems raised by obscurity to improve clarity. Cette collection interdisciplinaire offrant des contributions en anglais et en français, explore comment les diverses disciplines du droit et de la linguistique appréhendent et visent à perfectionner la nature de la clarté et de l'opacité du discours juridique. Cet ouvrage rassemblant pour la première fois, des universitaires et professionnels du droit, des jurilinguistes et linguistes de la common law and et du droit civil, propose de découvrir la nature complexe, les pratiques et outils de la clarté et de l'opacité utilisés en rédaction juridique. Les questions abordées examinent la mise en pratique de la clarté juridique au travers de l'utilisation de la langue courante, une meilleure lisibilité, compréhensibilité et accès aux textes juridiques et administratifs. Dans le but de refléter l'actualité du débat Clarté-Opacité du discours juridique, les éditrices se sont également concentrées sur l'utilisation des outils et méthodes les plus récents et utilisés pour résoudre les difficultés soulevées par l'opacité des langues du droit et ainsi améliorer la transparence du discours juridique.
Book Synopsis Legal Linguistics by : Marcus Galdia
Download or read book Legal Linguistics written by Marcus Galdia and published by Peter Lang. This book was released on 2009 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces into the problems of Legal Linguistics. It starts with the most fundamental legal-linguistic question, i.e. how law is created and applied with linguistic means. In breaking down this vast question, the book identifies the linguistically relevant aspects of language use, especially its terminology, and scrutinizes the most significant legal-linguistic operations such as the legal argumentation, the legal interpretation, and the legal translation. Based on case analyses, it canvasses the language use strategies that are most instrumental in the developing of professionally convincing legal argumentation, primarily around terminological units. Towards the background of these and other linguistic operations in law, the book reflects upon some practical problems related to the regulation of language use and the emergence of the global law.
Book Synopsis Language, Culture and the Law by : Vijay Kumar Bhatia
Download or read book Language, Culture and the Law written by Vijay Kumar Bhatia and published by Peter Lang. This book was released on 2008 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language and legal culture has had to adjust to legal concepts very different from those of the English law system. Many of the papers were inspired by two major projects on legal language and inter-multiculturality: Generic Integrity in Legislative Discourse in Multilingual and Multicultural Contexts based in Hong Kong and carried out by an international team and Interculturality in Domain-specific English, a national project supported by the Italian Ministry for Education and Research, involving research units from five Italian universities
Book Synopsis Comparative Legal Linguistics by : Professor Heikki E S Mattila
Download or read book Comparative Legal Linguistics written by Professor Heikki E S Mattila and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.
Book Synopsis A History of Ambiguity by : Anthony Ossa-Richardson
Download or read book A History of Ambiguity written by Anthony Ossa-Richardson and published by Princeton University Press. This book was released on 2021-12-14 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since it was first published in 1930, William Empson’s Seven Types of Ambiguity has been perceived as a milestone in literary criticism—far from being an impediment to communication, ambiguity now seemed an index of poetic richness and expressive power. Little, however, has been written on the broader trajectory of Western thought about ambiguity before Empson; as a result, the nature of his innovation has been poorly understood. A History of Ambiguity remedies this omission. Starting with classical grammar and rhetoric, and moving on to moral theology, law, biblical exegesis, German philosophy, and literary criticism, Anthony Ossa-Richardson explores the many ways in which readers and theorists posited, denied, conceptualised, and argued over the existence of multiple meanings in texts between antiquity and the twentieth century. This process took on a variety of interconnected forms, from the Renaissance delight in the ‘elegance’ of ambiguities in Horace, through the extraordinary Catholic claim that Scripture could contain multiple literal—and not just allegorical—senses, to the theory of dramatic irony developed in the nineteenth century, a theory intertwined with discoveries of the double meanings in Greek tragedy. Such narratives are not merely of antiquarian interest: rather, they provide an insight into the foundations of modern criticism, revealing deep resonances between acts of interpretation in disparate eras and contexts. A History of Ambiguity lays bare the long tradition of efforts to liberate language, and even a poet’s intention, from the strictures of a single meaning.
Book Synopsis Textbook on Legal Language and Legal Writing by : Prof. Dr. K. L. Bhatia
Download or read book Textbook on Legal Language and Legal Writing written by Prof. Dr. K. L. Bhatia and published by Universal Law Publishing. This book was released on 2010 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Critical Difference by : Barbara Johnson
Download or read book The Critical Difference written by Barbara Johnson and published by JHU Press. This book was released on 1985-03 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barbara Johnson investigates the significant and illuminating ways in which both literature and criticism ate "critically different" from what they purport to be. Her subtle and provocative studies of Balzac, Mallarme, Baudelaire, Apollinaire, Melville, Poe, Bathes, Lacan, Austin, and Derrida take a refreshing new approach to the fundamental questions of meaning, interpretation, and the relationship between literature and criticism. In each of seven essays, a clear, precise, and detailed reading of the rhetoric of one of more literary or critical works reveals the text's fundamental discrepancies, ambuquities, and contradictions. If rhetoric is seen as language's capacity to differ from literal statement, and if "to differ" can also mean "to disagree," then the reading of the rhetoric of literature and theory here is an attempt to capture the logic of a text's own disagreement with itself.
Book Synopsis Reading Kant's Lectures by : Robert R. Clewis
Download or read book Reading Kant's Lectures written by Robert R. Clewis and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-09-14 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection of more than twenty original essays by prominent Kant scholars covers the multiple aspects of Kant’s teaching in relation to his published works. With the Academy edition’s continuing publication of Kant’s lectures, the role of his lecturing activity has been drawing more and more deserved attention. Several of Kant’s lectures on metaphysics, logic, ethics, anthropology, theology, and pedagogy have been translated into English, and important studies have appeared in many languages. But why study the lectures? When they are read in light of Kant’s published writings, the lectures offer a new perspective of Kant’s philosophical development, clarify points in the published texts, consider topics there unexamined, and depict the intellectual background in richer detail. And the lectures are often more accessible to readers than the published works. This book discusses all areas of Kant's lecturing activity. Some essays even analyze in detail the content of Kant's courses and the role of textbooks written by key authors such as Baumgarten, helping us understand Kant’s thought in its intellectual and historical contexts. Contributors: Huaping Lu-Adler; Henny Blomme ; Robert Clewis; Alix Cohen; Corey Dyck; Faustino Fabbianelli; Norbert Fischer; Courtney Fugate; Paul Guyer; Robert Louden; Antonio Moretto; Steve Naragon; Christian Onof; Stephen Palmquist; Riccardo Pozzo; Frederick Rauscher; Dennis Schulting; Oliver Sensen; Susan Shell; Werner Stark; John Zammito; Günter Zöller
Book Synopsis Loving Justice by : Kathryn D. Temple
Download or read book Loving Justice written by Kathryn D. Temple and published by NYU Press. This book was released on 2019-06-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of legal emotions in William Blackstone’s England and their relationship to justice William Blackstone’s masterpiece, Commentaries on the Laws of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.
Download or read book Judicial Writing written by Chinua Asuzu and published by Partridge Africa. This book was released on 2016-05-04 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: To validate their institutional continuance as a branch of government, writes Chinua Asuzu, judges must make sound decisions. They must also articulate and express those decisions efficiently and comprehensibly. This book shows how. This book will help judges, arbitrators, and other decision-writers master the art and science of judicial writing. A most welcome guide, Judicial Writing: A Benchmark for the Benchsets a high, yet attainable, standard of excellence for writing judicial decisions. It will no doubt become the reference point for judging judges and their judgments. Chinua Asuzu is that uncommon lawyer who wrote The Uncommon Law of Learned Writing. His other works includeAnatomy of a Brief andFair Hearing in Nigeria. A versatile arbitrator, Asuzu served as an administrative-law judge at the Tax Appeal Tribunal in Nigeria from 2010 to 2016.He is now the Senior Partner of Assizes Lawfirm, a team of tax lawyers.
Download or read book Liquid Legal written by Kai Jacob and published by Springer. This book was released on 2016-12-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compels the legal profession to question its current identity and to aspire to become a strategic partner for corporate executives, clients and stakeholders, transforming legal into a function that creates incremental value. It provides a uniquely broad range of forward-looking perspectives from several different key-players in the legal industry: in-house legal, law firms, LPO’s, legal tech, HR, associations and academia. This publication is a platform for leading legal professionals that offers a new perspective on the accelerating transformation in legal. Combining expert contributions with editorial insights, it argues that the new legal function will shift from a paradigm of security to one of opportunity; that future corporate lawyers will no longer primarily be negotiators, litigators and administrators, but that instead they will be coaches, arbiters and intrapreneurs; that legal knowledge and data-based services will become a commodity; and that analytics and measurement will be key drivers of the future of the profession. A must-read for all legal professionals, this book sets the course for revitalizing the profession.
Book Synopsis Understanding Common Law Legislation by : F. A. R. Bennion
Download or read book Understanding Common Law Legislation written by F. A. R. Bennion and published by OUP Oxford. This book was released on 2001-10-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.
Book Synopsis Shaping EU Law the British Way by : Graham Butler
Download or read book Shaping EU Law the British Way written by Graham Butler and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 691 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading scholars of EU law, judges, and practitioners unpack the judicial reasoning offered by the UK Advocates General in over forty cases at the Court of Justice, which have influenced the shape of EU law. The authors place the Opinions in the wider context of the EU legal order, and mix praise with critique in order to determine the true contribution of the UK Advocates General, before hearing the concluding reflections by the UK Advocates General themselves. The role of Advocates General at the Court of Justice of the European Union remains notoriously under-researched. With a few notable exceptions, not much ink has been spilled on analysing their contribution to the judicial discourse that emerges from the Court's Palais in Luxembourg. More generally, their impact on the shaping of EU law is only sporadically explored. This book fills the lacunae by offering an in-depth analysis of the way in which the UK Advocates General contributed to development of EU law during 47 years of the UK's membership of the EU. During their terms of office, Advocates General Jean-Pierre Warner (1973-1981), Gordon Slynn (1981-1988), Francis Jacobs (1988-2006), and Eleanor Sharpston (2006-2020) delivered over 1400 Opinions. This staggering contribution of the four individuals and their cabinets of legal secretaries was supplemented by an Opinion of a then Judge of the Court of First Instance, David Edward, who was called to act as an Advocate General in two joined cases in what is now the General Court. With the last UK Advocate General departing from the Court of Justice in September 2020, an important era has ended. With this watershed moment, it is apt to take a look back and critically analyse the contribution to development of EU law made by the UK Advocates General, and to elucidate the lasting impact they have had on the nature of EU law.
Book Synopsis Apperception and Self-Consciousness in Kant and German Idealism by : Dennis Schulting
Download or read book Apperception and Self-Consciousness in Kant and German Idealism written by Dennis Schulting and published by Bloomsbury Publishing. This book was released on 2020-10-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Apperception and Self-Consciousness in Kant and German Idealism, Dennis Schulting examines the themes of reflexivity, self-consciousness, representation and apperception in the philosophy of Immanuel Kant and German Idealism more widely. Central to Schulting's argument is the claim that all human experience is inherently self-referential and that this is part of a self-reflexivity of thought, or what is called transcendental apperception, a Kantian insight that was first apparent in the work of Christian Wolff and came to inform all of German Idealism. In this rigorous text, Schulting establishes the historical roots of Kant's thought and traces it through to his immediate successors, Karl Leonhard Reinhold, Johann Gottlieb Fichte and Georg Wilhelm Friedrich Hegel. He specifically examines the cognitive role of selfconsciousness and its relation to idealism and situates it in a clear and coherent history of rationalist philosophy.
Author :Theodore Frank Thomas Plucknett Publisher :The Lawbook Exchange, Ltd. ISBN 13 :1584771372 Total Pages :828 pages Book Rating :4.5/5 (847 download)
Book Synopsis A Concise History of the Common Law by : Theodore Frank Thomas Plucknett
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Book Synopsis The Literary and Legal Genealogy of Native American Dispossession by : George D Pappas
Download or read book The Literary and Legal Genealogy of Native American Dispossession written by George D Pappas and published by Routledge. This book was released on 2017-07-14 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.
