Language, Meaning and the Law
Language, Meaning and the Law

Author: Christopher Hutton

Publisher: Edinburgh University Press

Published: 2009-01-19

Total Pages: 256

ISBN-13: 0748633529

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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.

Meaning and Power in the Language of Law
Meaning and Power in the Language of Law

Author: Janny H. C. Leung

Publisher: Cambridge University Press

Published: 2018-01-18

Total Pages: 345

ISBN-13: 1107112842

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A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.

Language and the Law
Language and the Law

Author: John Peter Gibbons

Publisher: Routledge

Published: 2014-09-25

Total Pages: 491

ISBN-13: 1317894537

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Explains and describes the ways that language use in the legal system can create inequality and disadvantage. It examines the three main areas where the two intersect: the central issue of the language of the law; the disadvantage which language can impose before the law, and forensic linguistics - the use of linguistic evidence in legal processes. Each section of the book is preceded by an introduction by the editor which sets the paper within a conceptual framework. Lawyer's opinions are not neglected even though the collection is written mainly by linguists. The section concludes with a lawyer's response, in which a prominent lawyer with a particular interest in the content of the section responds to the papers.

Legal Language as a Special Language: Structural Features of English Legal Language
Legal Language as a Special Language: Structural Features of English Legal Language

Author: Gaby Schneidereit

Publisher: GRIN Verlag

Published: 2007

Total Pages: 53

ISBN-13: 3638654494

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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

The Oxford Handbook of Language and Law
The Oxford Handbook of Language and Law

Author: Peter Meijes Tiersma

Publisher: Oxford University Press

Published: 2012-03-08

Total Pages: 665

ISBN-13: 0199572127

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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.

The Language of the Law
The Language of the Law

Author: David Mellinkoff

Publisher: Wipf and Stock Publishers

Published: 2004-05-13

Total Pages: 540

ISBN-13: 1725210800

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This is that rare book which both informs and entertains. It is scholarly and sprightly - an unusual combination for any book, let alone one treating of the law. Lawyers and laymen alike can read it with profit and amusement. I hope many do, for it deserves a wide audience. The Honorable Arthur J. Goldberg (1908-1990), United States Supreme Court, The New York Herald Tribune A superb piece of writing, lucid, witty, meticulous in scholarship and unfailingly interesting. Robert R. Kirsch, Los Angeles Times We now have a full-scale study of our legal language that is written with an extraordinary awareness for vacuous words and phrases and an astounding amount of research into their history and usage.... This book has a practical value to every lawyer who drafts a document, a pleading, or even a letter. It is a great plea to bring the law up to date by awakening us to the empty verbalisms in which we think we are housing our thoughts.... It is a rare book that has value for all lawyers, despite the tendency of publishers and reviewers to make this claim with great frequency. Here, however, is a rarity. No lawyer could fail to learn many facts of surprising interest. But beyond this, 'The Language of the Law' presents a subtle challenge to the American Bar, a stimulus to improve our work and our profession by sharpening the product of our minds. If we meet this challenge head-on, we can perform a far more fundamental and genuine service to our clients, the public, and to ourselves than any other area of improvement, including court reform, can possibly offer. Ray D. Henson, American Bar Association Journal It should be compulsory reading for lawyers and judges; for a layman it is learning and entertainment of high order. The Honorable Matthew O. Tobriner (d. 1982), Associate Justice, Supreme Court of California, San Francisco Chronicle ...[B]rilliant and discursive treatise, concisely and urbanely presented,...a remarkable stimulus, recommended highly to the general reader as well as the wordy professional. Hugo Sonnenschein, Jr., Chicago Daily News

Legal Meanings
Legal Meanings

Author: Janet Giltrow

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2021-09-07

Total Pages: 182

ISBN-13: 3110721007

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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.

Law, Language and Translation
Law, Language and Translation

Author: Rosanna Masiola

Publisher: Springer

Published: 2015-02-21

Total Pages: 105

ISBN-13: 3319142712

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This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean ‘conflicting interpretations’ engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as ‘rustling, duffing, raiding, stock theft, lifting and predatorial larceny.’ Crime and punishment are differently perceived depending on cultures and legal systems: ‘Captain Starlight’ was a legendary ‘duffer’; in India ‘lifting’ a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing ‘unequal treaties’ (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the ‘trail of broken treaties’), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).

Structural Features of Legal Language
Structural Features of Legal Language

Author: Marit Blömer

Publisher: GRIN Verlag

Published: 2015-07-16

Total Pages: 21

ISBN-13: 3668016828

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Seminar paper from the year 2012 in the subject English Language and Literature Studies - Other, grade: 2,3, Ruhr-University of Bochum (Englisches Seminar), language: English, abstract: This paper deals with a specific English language – the legal language. I will focus on a particular aspect of this field - the characteristics of the structure of legal English. Therefore I will give an overview of the central structural features which are typical for legal language. Legal professionals strive for a precise explanation of facts. This aim forces them to use a certain kind of language patterns; including a high amount of definitions in legal texts, as well as numerous complex and ancient phrases deriving from Law French and plentiful enumerations which can all together form a single sentence covering several lines. Considering these special language patterns, the field of law, especially the legal language, becomes completely unapproachable for laymen, as it is almost impossible for them to follow legal discourse or understand legal contracts as well as laws and provisions. Even well-educated native speakers often find it hard to understand the language used in court. But the access to one’s rights and duties is important in a community, so I decided to emphasize the differences between legal language and colloquial language and to show which structural features are characteristic for legal language. At first I will provide the reader with an overall definition of English as a special language, before I will have a closer look at legal English as a special language – the main topic of this essay. To show the structural features of legal language I will concentrate on three main characteristics in the structure of legal language – in my opinion the three most important ones, even though there are other important attributes as well. In a last step I will point out how these legal structures are used in real life. Therefore I will analyze a contract as well as a legislative text and think about ways to simplify the legal language used there to make it easier to follow such texts.

Definition in Theory and Practice
Definition in Theory and Practice

Author: Roy Harris

Publisher: A&C Black

Published: 2007-07-24

Total Pages: 249

ISBN-13: 0826497055

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The long history of conflicting assumptions about the way language functions has engaged the minds of some of the most eminent thinkers in the Western tradition. This text explores the problem of definition, focusing in particular on two areas where this difficulty has arisen in a particularly acute form: lexicography and the law.