Download or read book Ordinary language and legal language written by Barbara Pozzo and published by . This book was released on 2005 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Jurisprudence of ordinary Language written by Michael D. Roumeliotis and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Language written by Peter M. Tiersma and published by University of Chicago Press. This book was released on 1999 with total page 330 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.
Download or read book The Jurisprudence of ordinary Language written by Michael D. Roumeliotis and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Lawyers Language written by Alfred Phillips and published by Routledge. This book was released on 2003-08-29 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interesting examination of law as language use or discourse, this study looks at the transformation of ordinary language into a special discourse for the purposes of the legal system. It is widely accepted that legal discourse is obscure, and often the public resent the fact that access to the law of the land is obstructed by the opaqueness of legal language. This book argues that the development and maintenance of law's special language can be justified. The myth that law can be written in either plain' or ordinary' language is exploded, and the linguistic obscurity of law is traced to its necessary complexity. The notion of representation is applied to the relation that exists between legal language and ordinary language.
Download or read book Lawyers Language written by Alfred Phillips and published by Routledge. This book was released on 2003-08-29 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interesting examination of law as language use or discourse, this study looks at the transformation of ordinary language into a special discourse for the purposes of the legal system. It is widely accepted that legal discourse is obscure, and often the public resent the fact that access to the law of the land is obstructed by the opaqueness of legal language. This book argues that the development and maintenance of law's special language can be justified. The myth that law can be written in either plain' or ordinary' language is exploded, and the linguistic obscurity of law is traced to its necessary complexity. The notion of representation is applied to the relation that exists between legal language and ordinary language.
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.
Download or read book Ordinary Meaning written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2015-12-22 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brian G. Slocum s "Ordinary Meaning "offers an extended legal-linguistic analysis of the eponymous interpretive doctrine. A centuries-old consensus exists among courts and legal scholars that words in legal texts should be interpreted in light of accepted standards of communication. Therefore the questions of what makes some meaning the ordinary one, and how the determinants of ordinary meaning are identified and conceptualized, are of crucial importance to the interpretation of legal texts. Arguing against reliance on acontextual dictionary definitions, "Ordinary Meaning" rigorously explores the contributions that specific context makes to meaning, along with linguistic phenomena such as indexicals and quantifiers. Slocum provides a theory and a robust general framework for how the determinants of ordinary meaning should be identified and developed."
Download or read book Revolution of the Ordinary written by Toril Moi and published by University of Chicago Press. This book was released on 2017-05-22 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: This radically original book argues for the power of ordinary language philosophy—a tradition inaugurated by Ludwig Wittgenstein and J. L. Austin, and extended by Stanley Cavell—to transform literary studies. In engaging and lucid prose, Toril Moi demonstrates this philosophy’s unique ability to lay bare the connections between words and the world, dispel the notion of literature as a monolithic concept, and teach readers how to learn from a literary text. Moi first introduces Wittgenstein’s vision of language and theory, which refuses to reduce language to a matter of naming or representation, considers theory’s desire for generality doomed to failure, and brings out the philosophical power of the particular case. Contrasting ordinary language philosophy with dominant strands of Saussurean and post-Saussurean thought, she highlights the former’s originality, critical power, and potential for creative use. Finally, she challenges the belief that good critics always read below the surface, proposing instead an innovative view of texts as expression and action, and of reading as an act of acknowledgment. Intervening in cutting-edge debates while bringing Wittgenstein, Austin, and Cavell to new readers, Revolution of the Ordinary will appeal beyond literary studies to anyone looking for a philosophically serious account of why words matter.
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.
Download or read book A Treatise of Legal Philosophy and General Jurisprudence written by Gerald J. Postema and published by Springer Science & Business Media. This book was released on 2011-08-05 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11, the sixth of the historical volumes of A Treatise of Legal Philosophy and General Jurisprudence, offers a fresh, philosophically engaged, critical interpretation of the main currents of jurisprudential thought in the English-speaking world of the 20th century. It tells the tale of two lectures and their legacies: Oliver Wendell Holmes, Jr.’s “The Path of Law” (1897) and H.L.A. Hart’s Holmes Lecture, “Positivism and the Separation of Law and Morals” (1958). Holmes’s radical challenge to late 19th century legal science gave birth to a rich variety of competing approaches to understanding law and legal reasoning from realism to economic jurisprudence to legal pragmatism, from recovery of key elements of common law jurisprudence and rule of law doctrine in the work of Llewellyn, Fuller and Hayek to root-and-branch attacks on the ideology of law by the Critical Legal Studies and Feminist movements. Hart, simultaneously building upon and transforming the undations of Austinian analytic jurisprudence laid in the early 20th century, introduced rigorous philosophical method to English-speaking jurisprudence and offered a reinterpretation of legal positivism which set the agenda for analytic legal philosophy to the end of the century and beyond. A wide-ranging debate over the role of moral principles in legal reasoning, sparked by Dworkin’s fundamental challenge to Hart’s theory, generated competing interpretations of and fundamental challenges to core doctrines of Hart’s positivism, including the nature and role of conventions at the foundations of law and the methodology of philosophical jurisprudence.
Download or read book Philosophical Foundations of Language in the Law written by Andrei Marmor and published by OUP Oxford. This book was released on 2013-01-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.
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 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
Download or read book Jurisprudence as Ideology written by and published by Routledge. This book was released on with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Tyranny of Ordinary Meaning written by Christopher Hutton and published by Springer. This book was released on 2019-06-21 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the case of Corbett v Corbett, a landmark in terms of law’s engagement with sexual identity, marriage, and transgender rights. The judgement was handed down in 1970, but the decision has shaped decades of debate about the law’s control and recognition of non-normative gender identities. The decision in this case – that the marriage between the Hon. Arthur Corbett and April Ashley was void on the grounds that April Ashley had been born male – has been profoundly influential across the common law world, and came as a dramatic and intolerant intervention in developing discussions about the relationships between medicine, law, questions of sex versus gender, and personal identity. The case raises fundamental questions concerning law in its historical and intellectual context, in particular relating to the centrality of ordinary language for legal interpretation, and this book will be of interest to students and scholars of language and law, legal history, gender and sexuality.
Download or read book Jurisprudence as Ideology written by Valerie Kerruish and published by Routledge. This book was released on 2005-11-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Jurisprudence as Ideology, Valerie Kerruish asks how it is that people who are put down, let down and kept down by law can be thought to have a general political obligation to obey it. She engages with contemporary issues in socialist, feminist and critical legal theory, and links these issues to debates in jurisprudence and the philosophy and sociology of law.
Download or read book Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders written by Janny H.C. Leung and published by Oxford University Press. This book was released on 2019-01-28 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: What challenges face jurisdictions that attempt to conduct law in two or more languages? How does choosing a legal language affect the way in which justice is delivered? Answers to these questions are vital for the 75 officially bilingual and multilingual states of the world, as well as for other states contemplating a move towards multilingualism. Arguably such questions have implications for all countries in a world characterized by the pressures of globalization, economic integration, population mobility, decolonization, and linguistic re-colonization. For lawyers, addressing such challenges is made essential by the increased frequency and scale of transnational legal dealings and proceedings, as well as by the lengthening reach of international law. But it is not only policy makers, legislators, and other legal practitioners who must think about such questions. The relationship between societal multilingualism and law also raises questions for the burgeoning field of language and law, which posits--among other tenets--the centrality of language in legal processes. In this book, Janny H.C. Leung examines key aspects of legal multilingualism. Drawing extensively on case studies, she describes the implications of the legal, practical, and ideological dilemmas encountered in a given country when it becomes bilingual or multilingual, discussing such issues as: how legal certainty and the linguistic ideology of authenticity may be challenged in a multilingual jurisdiction; how courts balance the language preferences of different courtroom participants; and what historical, socio-political and economic factors may influence the decision to cement a given language as a jurisdiction's official language. Throughout, Leung elaborates a theory of "symbolic jurisprudence" to explore common dilemmas found across countries, despite their varied political and cultural settings, and argues that linguistic equality as proclaimed and practiced today is a shallow kind of equality. Although officially multilingual jurisdictions appear to be more inclusive than their monolingual counterparts, they run the risk of disguising substantive inequalities and displacing real efforts for more progressive social change. This is the first book to offer overarching discussion of how such issues relate to each other, and the first systematic study of legal multilingualism as a global phenomenon.
