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 272 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.
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.
Download or read book Modern Legal Drafting written by Peter Butt and published by Cambridge University Press. This book was released on 2006-10-23 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances. Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.
Download or read book Rhetorical Strategies in Legal Language written by Anna Trosborg and published by Gunter Narr Verlag. This book was released on 1997 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book John Henry Wigmore and the Rules of Evidence written by Andrew Porwancher and published by University of Missouri Press. This book was released on 2017-06-30 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Honorable Mention, 2017 Scribes Book Award, The American Society of Legal Writers At the dawn of the twentieth century, the United States was reeling from the effects of rapid urbanization and industrialization. Time-honored verities proved obsolete, and intellectuals in all fields sought ways to make sense of an increasingly unfamiliar reality. The legal system in particular began to buckle under the weight of its anachronism. In the midst of this crisis, John Henry Wigmore, dean of the Northwestern University School of Law, single-handedly modernized the jury trial with his 1904-5 Treatise onevidence, an encyclopedic work that dominated the conduct of trials. In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. Yet Wigmore’s role as a prophet of modernity has slipped into obscurity. This book provides a radical reappraisal of his place in the birth of modern legal thought.
Download or read book House of Commons Debates written by Canada. Parliament. House of Commons and published by . This book was released on 1903 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Debates of the Senate of the Dominion of Canada written by Canada. Parliament. Senate and published by . This book was released on 1903 with total page 926 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Women Work And Sexual Politics In Eighteenth Century England written by Bridget Hill and published by Routledge. This book was released on 2005-08-04 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author offers a reassessment of how women's experience of work in 18th- century England was affected by industrialization and other elements of economic, social and technological change.; This study focuses on the household, the most important unit of production in the 18th century. Hill examines the work done by the women of the household, not only in "housework" but also in agriculture and manufacturing, and explains what women lost as the household's independence as a unit of economic production was undermined.; Considering the whole range of activities in which women were involved - including many occupations unrecorded in censuses which have, therefore, been largely ignored by historians - Hill charts the increasing sexual division of labour and highlights its implications. She also discusses the role of service in husbandry and apprenticeship, as sources of training for women, and the consequences of their decline.; The final part of the book considers how the changing nature of women's work influenced courtship, marriage and relations between the sexes. Among the topics discussed are the importance of the women's contribution to setting up and maintaining a household; labouring women's attitudes to marriage and divorce and the customary alternatives to them; and the role of spinsters and widows. The author concludes by asking to what extent the industrial revolution improved the overall position of women and the opportunities open to them.; This series aims to re-establish women's history, and to challenge the assumptions of much mainstream history. Focusing on the modern period and encouraging perspectives from other disciplines, it seeks to concentrate upon areas of focal importance in the history of Britain and continental Europe.; Bridget Hill is the author of "Eighteenth-Century Women: An Anthology" and "The First English Feminist".
Download or read book The Legal Writer written by Gerald Lebovits and published by . This book was released on 2016 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Approaches to Videogame Discourse written by Astrid Ensslin and published by Bloomsbury Publishing USA. This book was released on 2019-05-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first significant collection of research in videogame linguistics, Approaches to Videogame Discourse features an international array of scholars in linguistics and communication studies exploring lexis, interaction and textuality in digital games. In the first section, “Lexicology, Localisation and Variation,” chapters cover productive processes surrounding gamer slang (ludolects), creativity and borrowing across languages, as well as industry-, genre-, game- and player-specific issues relating to localization, legal jargon and slang. “Player Interactions” moves on to examine communicative patterns between videogame players, focusing in particular on (un)collaborative language, functions and negotiations of impoliteness and issues of power in player discourse. In the final section, “Beyond the 'Text',” scholars grapple with issues of multimodality, paratextuality and transmediality in videogames in order to develop and enrich multimodal theory, drawing on key concepts from ludonarratology, language ideology, immersion and transmedia studies. With implications for meaningful game design and communication theory, Approaches to Videogame Discourse examines in detail how video games function as means and objects of communication; how they give rise to new vocabularies, textual genres and discourse practices; and how they serve as rich vehicles of ideological signification and social engagement.
Download or read book Nullum Crimen Sine Lege the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by Nomos Verlag. This book was released on 2021-06-17 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Buch untersucht nullum crimen sine lege als europäischen Grundsatz. Die Untersuchung konzentriert sich auf die Rolle der Vorhersehbarkeit als Lösung für die Legalitätsprobleme, die sich aus dem Richterrecht im Strafrecht ergeben. Die Vorhersehbarkeit und seine Entwicklung werden in der Rechtsprechung des EGMR untersucht. Aktuelle Lösungen, die von Zivilrechtsstaaten (Italien und Deutschland) angenommen wurden, werden auch unter Berücksichtigung der theoretischen Grundlagen von ncsl analysiert. Darüber hinaus wird die Rolle der Vorhersehbarkeit im EU-Recht als Beispiel für eine wirkungsorientierte Rechtsordnung betrachtet. Abschließend werden Zukunftsperspektiven für die Umsetzung der Vorhersehbarkeit analysiert.
Download or read book Law Culture and Visual Studies written by Anne Wagner and published by Springer Science & Business Media. This book was released on 2013-07-11 with total page 1051 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a ‘must read’ that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture & Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities & the Arts, Australian National University, Australia
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 205 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 Point Made written by Ross Guberman and published by Oxford University Press. This book was released on 2014-04 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.
Download or read book Clarity and obscurity in legal texts a case study a comparative linguistic analysis of the brazilian civil code of 2002 and of that of 1916 written by and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: O trabalho enfoca a relação entre linguagem e Direito, apontando odistanciamento entre a linguagem legal e a linguagem do homem médio. Tendopor base o estudo comparativo de segmentos do Código Civil brasileiro de 1916e de 2002, relativamente ao Direito das Sucessões, analisam-se questõespertinentes à estruturação sintática, à utilização vocabular e à presença deambigüidades estruturais. Busca-se, assim, identificar os principais fatoresresponsáveis pelas dificuldades enfrentadas pelo homem médio ao interpretartextos legais. O estudo, valendo-se de uma pesquisa realizada junto ainformantes, constata que houve um certo progresso quanto à linguagemadotada no Código Civil de 2002, em face à do de 1916. Aponta, contudo, que oprogresso realizado está muito aquém do desejável, dado que, na virtualtotalidade dos casos, alternativas de redação propostas pela autora forampreferidas às correlatamente encontradas no Código de 2002. A pesquisa voltase, também, para a identificação de marcas lingüísticas evidenciadoras demudanças axiológicas ocorridas na sociedade brasileira desde a promulgação doCódigo de 1916, e refletidas no de 2002. A dissertação discute as relações entrelinguagem e poder e destaca a perversidade da coexistência da ficção, juridicamente necessária, de que a ninguém é dado escusar-se de cumprir a leialegando o seu desconhecimento com a perpetuação de uma linguagem jurídicaobscura e proliferação irrefreada de leis. Defende, assim, a adoção de umalinguagem jurídica que, ao invés de afastar o homem médio do conhecimento deseus direitos e deveres em face da sociedade, se torne um meio propiciadordesse conhecimento.
Download or read book Law in the Age of Pluralism written by Andrei Marmor and published by Oxford University Press. This book was released on 2007-12-31 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in the Age of Pluralism contains a collection of essays on the intersection of legal and political philosophy. Written within the analytical tradition in jurisprudence, the collection covers a wide range of topics, such as the nature of law and legal theory, the rule of law, the values of democracy and constitutionalism, moral aspects of legal interpretation, the nature of rights, economic equality, and more. The essays in this volume explore issues where law, morality and politics meet, and discuss some of the key challenges facing liberal democracies. Marmor posits that a liberal state must first and foremost respect people's personal autonomy and their differing, though reasonable, conceptions of the good and the just. This basic respect for pluralism is shown to entail a rather skeptical attitude towards grand theories of law and state, such as contemporary constitutionalism or Dworkin's conception of 'law as integrity'. The values of pluralism and respect for autonomy, however, are also employed to justify some of the main aspects of a liberal state, such as the value of democracy, the rule of law, and certain conceptions of equality. The essays are organized in three groups: the first considers the rule of law, democracy and constitutionalism. The second group consists of several essays on the nature of law, legal theory, and their relations to morality. Finally, the collection concludes with essays on the nature of rights, the limits of rights discourse, and the value of economic equality.
