Legal Pragmatics
Legal Pragmatics

Author: Dennis Kurzon

Publisher: John Benjamins Publishing Company

Published: 2018-04-15

Total Pages: 288

ISBN-13: 9027264074

DOWNLOAD EBOOK

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.

Pragmatics and Law
Pragmatics and Law

Author: Francesca Poggi

Publisher: Springer

Published: 2016-12-01

Total Pages: 480

ISBN-13: 3319446010

DOWNLOAD EBOOK

This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?

The Pragmatic Turn in Law
The Pragmatic Turn in Law

Author: Janet Giltrow

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2017-06-12

Total Pages: 359

ISBN-13: 1501504681

DOWNLOAD EBOOK

In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.

A Pragmatic Analysis of Legal Proofs of Criminal Intent
A Pragmatic Analysis of Legal Proofs of Criminal Intent

Author: Sol Azuelos-Atias

Publisher: John Benjamins Publishing

Published: 2007-07-26

Total Pages: 193

ISBN-13: 9027292159

DOWNLOAD EBOOK

A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant’s intention. There can be no doubt that this subject is worthy of a thorough investigation. A person’s intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses’ testimonies. The defendant’s intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.

Pragmatics and Law
Pragmatics and Law

Author: Alessandro Capone

Publisher: Springer

Published: 2016-05-02

Total Pages: 278

ISBN-13: 3319303856

DOWNLOAD EBOOK

This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?

The Spatial, the Legal and the Pragmatics of World-Making
The Spatial, the Legal and the Pragmatics of World-Making

Author: David Delaney

Publisher: Routledge

Published: 2010-07-12

Total Pages: 218

ISBN-13: 1136953027

DOWNLOAD EBOOK

Critical legal geography is practised by an increasing number of scholars in various disciplines, but it has not had the benefit of an overarching theoretical framework that might overcome its currently rather ad hoc character. The Spatial, the Legal and the Pragmatics of World-Making remedies this situation. Presenting a balanced convergence of contemporary socio-legal and critical geographic scholarship, David Delaney offers a ground-breaking contribution to the fast growing field of legal geography. Drawing on strands of critical social studies that inform both of these areas, this book has three primary components. First, it introduces a framework of interpretation and analysis centred on the productive neologisms ‘nomosphere’ and ‘nomoscapes’. Nomosphere refers to the cultural-material environs that are constituted by the reciprocal materialization of ‘the legal’ and the legal signification of the ‘socio-spatial'. Nomoscapes are the spatio-legal expression and the socio-material realization of ideologies, values, pervasive power orders and social projects. They are extensive ensembles of legal spaces within and through which lives are lived and, here, these neologisms are related to the more familiar notions of governmentality and performativity. Second, these neologisms are explored and applied through a series of illustrations and extensive case studies. Demonstrating their utility for scholars and students in relevant disciplines, these ‘empirical’ studies concern: the public and the private; property and land tenure; governance; the domestic and the international; and legal-spatial confinements and containments. Third, these studies contribute to an ongoing theorization of the experiential, situated pragmatics of ‘world-making'. The role of nomospheric projects and counter-projects, techniques and operations is therefore emphasized. Much of what is experientially significant about how the world is as it is and what it’s like to be in the world directly implicates the dynamic interplay of space, law, meaning and power. The Spatial, the Legal and the Pragmatics of World-Making provides the interpretive resources necessary for discerning and understanding the practices and projects involved in this interplay.

The Routledge Pragmatics Encyclopedia
The Routledge Pragmatics Encyclopedia

Author: Louise Cummings

Publisher: Routledge

Published: 2010-04-05

Total Pages: 675

ISBN-13: 1135214573

DOWNLOAD EBOOK

Pragmatics has grown considerably in its relatively short history, from its original disciplinary influences in philosophy and linguistics, into a multidisciplinary field that encompasses a range of theoretical and empirical concerns. The Routledge Pragmatics Encyclopedia captures the diversity of these intellectual interests in a comprehensive, single-volume edition. The Routledge Pragmatics Encyclopedia covers concepts and theories that have traditionally been associated with pragmatics, but also recent areas of development within the field, scholars who have had a significant influence on pragmatics, interdisciplinary exchanges between pragmatics and other areas of enquiry and all major research trends. Extensive cross-references between entries, along with suggestions for further reading at the end of entries, ensure that the interested reader can pursue additional study of chosen topics. With over 200 entries, written by leading academics from around the world, The Routledge Pragmatics Encyclopedia captures the rich complexity of pragmatics in an accessible manner. This reference will be relevant to students of pragmatics as well as to established scholars in the field.

Interdisciplinary Studies in Pragmatics, Culture and Society
Interdisciplinary Studies in Pragmatics, Culture and Society

Author: Alessandro Capone

Publisher: Springer

Published: 2015-07-31

Total Pages: 980

ISBN-13: 3319126164

DOWNLOAD EBOOK

This volume is part of the series ‘Pragmatics, Philosophy and Psychology’, edited for Springer by Alessandro Capone. It is intended for an audience of undergraduate and graduate students, as well as postgraduate and advanced researchers. This volume focuses on societal pragmatics. One of the main concerns of societal pragmatics is the world of language users. We are interested in the investigation of linguistic practices in the context of societal practices (‘praxis’, to use a term used in the Wittgensteinian and other traditions). It is clear that the world of users, including their practices, their culture, and their social aims has to be taken into account and seriously investigated when we deal with the pragmatics of language. It is not enough to discuss principles of language use solely in the guise of abstract theoretical tools. Consequently, the present volume focuses explicitly on the interplay of abstract, theoretical principles and the necessities imposed by societal contexts often requiring a more flexible use of such theoretical tools. The volume includes articles on pragmemes, politeness and anti-politeness, dialogue, joint utterances, discourse markers, pragmatics and the law, institutional discourse, critical discourse analysis, pragmatics and culture, cultural scripts, argumentation theory, connectives and argumentation, language games and psychotherapy, slurs, the analysis of funerary rites, as well as an authoritative chapter by Jacob L. Mey on societal pragmatics.

Pragmatics
Pragmatics

Author: Stephen C. Levinson

Publisher: Cambridge University Press

Published: 1983-06-09

Total Pages: 442

ISBN-13: 9780521294140

DOWNLOAD EBOOK

An integrative and lucid analysis of central topics in the field of linguistic pragmatics deixis, implicature, presupposition, speed acts, and conversational structure.

Concise Encyclopedia of Pragmatics
Concise Encyclopedia of Pragmatics

Author: J.L. Mey

Publisher: Elsevier

Published: 2009-08-07

Total Pages: 1183

ISBN-13: 008096298X

DOWNLOAD EBOOK

Concise Encyclopedia of Pragmatics, Second Edition (COPE) is an authoritative single-volume reference resource comprehensively describing the discipline of pragmatics, an important branch of natural language study dealing with the study of language in it's entire user-related theoretical and practical complexity. As a derivative volume from Encyclopedia of Language and Linguistics, Second Edition, it comprises contributions from the foremost scholars of semantics in their various specializations and draws on 20+ years of development in the parent work in a compact and affordable format. Principally intended for tertiary level inquiry and research, this will be invaluable as a reference work for undergraduate and postgraduate students as well as academics inquiring into the study of meaning and meaning relations within languages. As pragmatics is a centrally important and inherently cross-cutting area within linguistics, it will therefore be relevant not just for meaning specialists, but for most linguistic audiences. - Edited by Jacob Mey, a leading pragmatics specialist, and authored by experts - The latest trends in the field authoritatively reviewed and interpreted in context of related disciplines - Drawn from the richest, most authoritative, comprehensive and internationally acclaimed reference resource in the linguistics area - Compact and affordable single volume reference format