Download or read book Speech Act Theory and Pragmatics written by John Searle and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the study of language, as in any other systematic study, there is no neutral terminology. Every technical term is an expression of the assumptions and theoretical presuppositions of its users; and in this introduction, we want to clarify some of the issues that have surrounded the assumptions behind the use of the two terms "speech acts" and "pragmatics". The notion of a speech act is fairly well understood. The theory of speech acts starts with the assumption that the minimal unit of human communica tion is not a sentence or other expression, but rather the performance of certain kinds of acts, such as making statements, asking questions, giving orders, describing, explaining, apologizing, thanking, congratulating, etc. Characteristically, a speaker performs one or more of these acts by uttering a sentence or sentences; but the act itself is not to be confused with a sentence or other expression uttered in its performance. Such types of acts as those exemplified above are called, following Austin, illocutionary acts, and they are standardly contrasted in the literature with certain other types of acts such as perlocutionary acts and propositional acts. Perlocutionary acts have to do with those effects which our utterances have on hearers which go beyond the hearer's understanding of the utterance. Such acts as convincing, persuading, annoying, amusing, and frightening are all cases of perlocutionary acts.
Download or read book The Soul of the First Amendment written by Floyd Abrams and published by Yale University Press. This book was released on 2017-01-01 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lively and controversial overview by the nation's most celebrated First Amendment lawyer of the unique protections for freedom of speech in America The right of Americans to voice their beliefs without government approval or oversight is protected under what may well be the most honored and least understood addendum to the US Constitution--the First Amendment. Floyd Abrams, a noted lawyer and award-winning legal scholar specializing in First Amendment issues, examines the degree to which American law protects free speech more often, more intensely, and more controversially than is the case anywhere else in the world, including democratic nations such as Canada and England. In this lively, powerful, and provocative work, the author addresses legal issues from the adoption of the Bill of Rights through recent cases such as Citizens United. He also examines the repeated conflicts between claims of free speech and those of national security occasioned by the publication of classified material such as was contained in the Pentagon Papers and was made public by WikiLeaks and Edward Snowden.
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 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Janet Giltrow and Dieter Stein, the Foundations in Language and Law series aims beyond the traditional surveys of scholarship in law and language. Monographs in the series will provide foundational materials - theoretical, methodological, critical, practical - to advance study of important topics in the field. And even as each volume engages conceptually with current scholarship in the area, it presents original research which breaks new ground and indicates future directions for scholarship in law and language. To discuss your book idea or submit a proposal, please contact Natalie Fecher.
Download or read book Meaning and Speech Acts Volume 1 Principles of Language Use written by Daniel Vanderveken and published by Cambridge University Press. This book was released on 1990-09-28 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Meaning and Speech Acts Daniel Vanderveken further develops the logic of speech acts and the logic of propositions to construct a general semantic theory of natural languages.
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Meaning in Law A Theory of Speech written by Charles W. Collier and published by Oxford University Press. This book was released on 2009-08-07 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on the basis of legal doctrine and judicial decisionmaking, social and political philosophy, or legal and intellectual history. But these are not the disciplines one would most naturally turn to in analyzing speech. Meaning in Law: A Theory of Speech takes a new and different approach. This book develops a general legal theory of speech on the basis of linguistic theory and the philosophy of language. The opening chapters retrace the main conceptual stages in the expression of meaning: from natural meaning, through symbolism, to signification. Later chapters analyze symbolic speech (communication by nonlinguistic means) as the key to developing an intention-based theory of speech. The essential elements of the theory are (1) nonnatural meaning, (2) the signaling of intent, (3) the recognition of intent, and (4) establishing a convention. A final chapter applies these insights to the case law of symbolic speech and resolves some basic confusions in the legal literature. This analysis proceeds by way of an original distinction between actual conduct (in the real world) and the "ideal conduct" described in a statute. The former may be described both as communicative and noncommunicative, while the latter has already been conceptualized as either communicative or noncommunicative. This distinction clears up a major legal quandary: how conduct that counts as communication may nevertheless be regulated or prohibited, without running afoul of the First Amendment's protection of speech.
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.
Download or read book Elsevier s Dictionary of Psychological Theories written by J.E. Roeckelein and published by Elsevier. This book was released on 2006-01-19 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: In attempting to understand and explain various behaviour, events, and phenomena in their field, psychologists have developed and enunciated an enormous number of 'best guesses' or theories concerning the phenomenon in question. Such theories involve speculations and statements that range on a potency continuum from 'strong' to 'weak'. The term theory, itself, has been conceived of in various ways in the psychological literature. In the present dictionary, the strategy of lumping together all the various traditional descriptive labels regarding psychologists 'best guesses' under the single descriptive term theory has been adopted. The descriptive labels of principle, law, theory, model, paradigm, effect, hypothesis and doctrine are attached to many of the entries, and all such descriptive labels are subsumed under the umbrella term theory.The title of this dictionary emphasizes the term theory (implying both strong and weak best guesses) and is a way of indication, overall, the contents of this comprehensive dictionary in a parsimonious and felicitous fashion.The dictionary will contain approximately 2,000 terms covering the origination, development, and evolution of various psychological concepts, as well as the historical definition, analysis, and criticisms of psychological concepts. Terms and definitions are in English.*Contains over 2,000 terms covering the origination, development and evolution of various psychological concepts*Covers a wide span of theories, from auditory, cognitive tactile and visual to humor and imagery*An essential resource for psychologists needing a single-source quick reference
Download or read book Just Words written by John M. Conley and published by University of Chicago Press. This book was released on 2019-05-10 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Download or read book The Oxford Handbook of Jurisprudence and Philosophy of Law written by Jules Coleman and published by OUP Oxford. This book was released on 2004-01-22 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state-of-the-art overview of jurisprudential scholarship.
Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Download or read book Definition in Theory and Practice written by Roy Harris and published by Bloomsbury Publishing. This book was released on 2007-05-24 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of definition has a long history and has engaged the minds of some of the most eminent thinkers in the Western tradition, from Plato and Aristotle onwards. But it is also an everyday problem constantly confronting all who have to draft or interpret the countless texts on which modern society depends. Definition in Theory and Practice focuses on two areas where difficulties arise in a particularly acute form: lexicography and the law. Examining a wide range of approaches and definitional techniques, backed up by detailed analyses of dictionary entries and court cases, the authors provide a comprehensive survey of their subject. They argue that what underlies the problem of definition are conflicting assumptions about the way language functions. This in-depth study of definition will be of interest to academics researching lexicography, semantics and the intersection of linguistics and jurisprudence.
Download or read book Art and Freedom of Speech written by Randall P. Bezanson and published by University of Illinois Press. This book was released on 2009 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Art on trial: exploring the Supreme Court's rulings on free expression
Download or read book Law and Language written by Harold J. Berman and published by Cambridge University Press. This book was released on 2013-08-08 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Completed in 1964, Harold J. Berman's long-lost tract shows how properly negotiated, translated and formalised legal language is essential to fostering peace and understanding within local and international communities. Exemplifying interdisciplinary and comparative legal scholarship long before they were fashionable, it is a fascinating prequel to Berman's monumental Law and Revolution series. It also anticipates many of the main themes of the modern movements of law, language and ethics. In his Introduction, John Witte, Jr, a student and colleague of Berman, contextualises the text within the development of Berman's legal thought and in the evolution of interdisciplinary legal studies. He has also pieced together some of the missing sections from Berman's other early writings and provided notes and critical apparatus throughout. An Afterword by Tibor Várady, another student and colleague of Berman, illustrates via modern cases the wisdom and utility of Berman's theories of law, language and community.
Download or read book Legal Theory and the Media of Law written by Thomas Vesting and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: As many disciplines in the humanities have experienced a focus on culture’s impact in recent decades, questions surrounding the significance of media such as writing, print and computer networks have become increasingly relevant. This book seeks to demonstrate that a media and cultural theory perspective can also be highly productive for legal theory.
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 The Politics of Hate Speech Laws written by Alexander Brown and published by Routledge. This book was released on 2019-09-18 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the complex relationship between politics and hate speech laws, domestic and international. How do political contexts shape understandings of what hate speech is and how to deal with it? Why do particular states enact hate speech laws and then apply, extend or reform them in the ways they do? What part does hate speech play in international affairs? Why do some but not all states negotiate, agree and ratify international hate speech frameworks or instruments? What are some of the best and worst political arguments for and against hate speech laws? Do political figures have special moral duties to refrain from hate speech? Should the use of hate speech by political figures be protected by parliamentary privilege? Should this sort of hyperpolitical hate speech be subject to the laws of the land, civil and criminal? Or should it instead be handled by parliamentary codes of conduct and procedures or even by political parties themselves? What should the codes of conduct look like? Brown and Sinclair answer these important and overlooked questions on the politics of hate speech laws, providing a substantial body of new evidence, insights, arguments, theories and practical recommendations. The primary focus is on the UK and the US but several other country contexts are also explored and compared in detail, including: Nigeria, Kenya, South Africa, India, China, Japan, Turkey, Germany, Hungary, and Italy. Methodologically, the two authors draw on approaches and concepts from a range of academic disciplines, including: law and legal theory, political theory, applied ethics, political science and sociology, international relations theory and international law.
