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United States Legal Discourse
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Book Synopsis Academic Legal Discourse and Analysis by : Marta Baffy
Download or read book Academic Legal Discourse and Analysis written by Marta Baffy and published by Aspen Publishing. This book was released on 2019-08-15 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces international students to the characteristics of legal education in the United States and helps them develop the linguistic, analytical, and cultural skills to thrive at a U.S. law school. Part I focuses on the academic legal writing skills needed to write in law school. It guides students in reviewing their own writing skills and helps them to adapt to the conventions of academic legal writing at the whole text, paragraph, and sentence levels. It also gives students guidance in effectively presenting their ideas in writing so that a reader can quickly grasp their reasoning and meaning. Part II introduces students to common law and legal analysis. Following a brief introduction to the U.S. legal system, the book focuses on the skills required to read, discuss, and write about legal cases in a U.S. law class. Cases in torts and criminal procedure law provide an opportunity to apply these skills while also teaching high-frequency legal vocabulary. Throughout the book, students can read clear and concise explanations and practice the skills they are acquiring with detailed practice exercises. Professors and students will benefit from: Clear explanations of academic legal writing expected of law students on written assignments, such as exams and papers Straightforward definitions and explanations about how the common law system in the U.S. works Guidelines and practice in reading, discussing, and writing about legal cases Authentic tasks and exercises for all key concepts
Book Synopsis Understanding Jus Cogens in International Law and International Legal Discourse by : Ulf Linderfalk
Download or read book Understanding Jus Cogens in International Law and International Legal Discourse written by Ulf Linderfalk and published by Edward Elgar Publishing. This book was released on 2020-01-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.
Book Synopsis Law, Language and the Courtroom by : Stanislaw Gozdz Roszkowski
Download or read book Law, Language and the Courtroom written by Stanislaw Gozdz Roszkowski and published by Routledge. This book was released on 2021-11-25 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Discourse across Cultures and Systems by : Vijay K. Bhatia
Download or read book Legal Discourse across Cultures and Systems written by Vijay K. Bhatia and published by Hong Kong University Press. This book was released on 2008-01-01 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: What exactly is legal about legal language? What happens to legal language when it is used across linguistic, national, socio-political, cultural, and legal systems? In what way is generic integrity of legal documents maintained in multilingual and multicultural legal contexts? What happens when the same rule of law is applied across legal systems? By bringing together scholars and practitioners from more than ten countries, representing various jurisdictions, languages, and socio-political backgrounds, this book addresses these key issues arising from the differences in legal or sociocultural systems. The discussions are based not only on the analysis of the legal texts alone, but also on the factors shaping such constructions and interpretations. Given the increasing international need for accurate and authoritative translation and use of legal documents, this important volume has considerable contemporary relevance in a globalized economy. It will appeal to discourse analysts, commercial consultants, legal trainers, translators, and applied researchers in professional communication, especially in the field of legal writing and languages for specific purposes.
Book Synopsis Law, Rights and Discourse by : George Pavlakos
Download or read book Law, Rights and Discourse written by George Pavlakos and published by Bloomsbury Publishing. This book was released on 2007-07-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical system is not what one would expect to find in the work of a contemporary legal thinker. Robert Alexy's work counts as a striking exception. Over the past 28 years Alexy has been developing, with remarkable clarity and consistency, a systematic philosophy covering most of the key areas of legal philosophy. Kantian in its inspiration, his work admirably combines the rigour of analytical philosophy with a repertoire of humanitarian ideals reflecting the tradition of the Geisteswissenschaften, rendering it one of the most far-reaching and influential legal philosophies in our time. This volume has been designed with two foci in mind: the first is to reflect the breadth of Alexy's philosophical system, as well as the varieties of jurisprudential and philosophical scholarship in the last three decades on which his work has had an impact. The second objective is to provide for a critical exchange between Alexy and a number of specialists in the field, with an eye to identifying new areas of inquiry and offering a new impetus to the discourse theory of law. To that extent, it was thought that a critical exchange such as the one undertaken here would most appropriately reflect the discursive and critical character of Robert Alexy's work. The volume is divided into four parts, each dealing with a key area of Alexy's contribution. A final section brings together concise answers by Robert Alexy. In composing these, Alexy has tried to focus on points and criticisms that address new aspects of discourse theory or otherwise point the way to future developments and applications. With its range of topics of coverage, the number of specialists it engages and the originality of the answers it provides, this collection will become a standard work of reference for anyone working in legal theory in general and the discourse theory of law in particular.
Book Synopsis Corpus-based Research on Variation in English Legal Discourse by : Teresa Fanego
Download or read book Corpus-based Research on Variation in English Legal Discourse written by Teresa Fanego and published by John Benjamins Publishing Company. This book was released on 2019-02-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a comprehensive overview of the research carried out over the past thirty years in the vast field of legal discourse. The focus is on how such research has been influenced and shaped by developments in corpus linguistics and register analysis, and by the emergence from the mid 1990s of historical pragmatics as a branch of pragmatics concerned with the scrutiny of historical texts in their context of writing. The five chapters in Part I (together with the introductory chapter) offer a wide spectrum of the latest approaches to the synchronic analysis of cross-genre and cross-linguistic variation in legal discourse. Part II addresses diachronic variation, illustrating how a diversity of methods, such as multi-dimensional analysis, move analysis, collocation analysis, and Darwinian models of language evolution can uncover new understandings of diachronic linguistic phenomena.
Book Synopsis Law and Imagination in Troubled Times by : Richard Mullender
Download or read book Law and Imagination in Troubled Times written by Richard Mullender and published by Routledge. This book was released on 2020-05-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.
Book Synopsis Fictional Discourse and the Law by : Hans J. Lind
Download or read book Fictional Discourse and the Law written by Hans J. Lind and published by Routledge. This book was released on 2020-04-14 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.
Download or read book Rights Talk written by Mary Ann Glendon and published by Simon and Schuster. This book was released on 2008-06-30 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political speech in the United States is undergoing a crisis. Glendon's acclaimed book traces the evolution of the strident language of rights in America and shows how it has captured the nation's devotion to individualism and liberty, but omitted the American traditions of hospitality and care for the community.
Book Synopsis Exploring Courtroom Discourse by : Ms Anne Wagner
Download or read book Exploring Courtroom Discourse written by Ms Anne Wagner and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels. The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.
Book Synopsis Justice as Translation by : James Boyd White
Download or read book Justice as Translation written by James Boyd White and published by University of Chicago Press. This book was released on 1994-10-17 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers. "White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement "James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal "White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities "Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review
Download or read book Legal Pragmatics written by Dennis Kurzon and published by John Benjamins Publishing Company. This book was released on 2018-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.
Book Synopsis The Logic of Liberal Rights by : Eric Heinze
Download or read book The Logic of Liberal Rights written by Eric Heinze and published by Routledge. This book was released on 2004-02-24 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Logic of Liberal Rights uses basic logic to develop a model of argument presupposed in all disputes about civil rights and liberties. No prior training in logic is required, as each step is explained. This analysis does not merely apply general logic to legal arguments but is also specifically tailored to the issues of civil rights and liberties. It shows that all arguments about civil rights and liberties presuppose one fixed structure and that there can be no original argument in rights disputes, except within the confines of that structure. Concepts arising in disputes about rights, like 'liberal' or 'democratic', are not mere abstractions but have a fixed and precise character. This book integrates themes in legal theory, political science and moral philosophy, as well as the philosophy of logic and language. For the advanced scholar, the book provides a model presupposed by leading theoretical schools (liberal and critical, positivist and naturalist). For the student it provides a systematic theory of civil rights and liberties. Examples are drawn from the European Convention in Human Rights but no special knowledge of the Convention is assumed, as the issues analysed arise throughout the world. Such issues include problems of free speech, religious freedom, privacy, torture, unlawful detention and private property.
Book Synopsis Rethinking the Borderlands by : Carl Gutiérrez-Jones
Download or read book Rethinking the Borderlands written by Carl Gutiérrez-Jones and published by Univ of California Press. This book was released on 1995-01-26 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a rich and innovative synthesis of a broad range of theoretical perspectives. It elevates academic discussions of Chicano literature and cultural production to new levels of sophistication."—George Lipsitz, author of Time Passages "One of the most important works in Chicano cultural criticism to have been written in the last twenty years. Its critique of American legal discourse is rigorous, piquant, and dazzling in its elegance."—Ramón Gutiérrez, author of When Jesus Came the Corn Mothers Went Away "Offers a new perspective on Chicano cultural practices by bringing together for the first time critical legal studies, film and media studies, and cultural studies. His work is sure to draw a whole new readership to the field of Chicano and Chicana studies. Scholars will find this a wonderfully profitable book."—Ramon Saldivar, Stanford University
Book Synopsis Islamic Veiling in Legal Discourse by : Anastasia Vakulenko
Download or read book Islamic Veiling in Legal Discourse written by Anastasia Vakulenko and published by Routledge. This book was released on 2012 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Veiling in Legal Discourse provides a sopisticated analysis of relevant legislation and case law in order to examine the assumptions and limits of the debates surrounding the issue of Islamic veiling.
Book Synopsis The Phenomenology of Modern Legal Discourse by : William E. Conklin
Download or read book The Phenomenology of Modern Legal Discourse written by William E. Conklin and published by Taylor & Francis. This book was released on 2024-05-01 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire. With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.
Book Synopsis New Rhetorics for Contemporary Legal Discourse by : Angela Condello
Download or read book New Rhetorics for Contemporary Legal Discourse written by Angela Condello and published by Edinburgh University Press. This book was released on 2020-03-18 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.
