The Realisation of Concession in the Discourse of Judges
The Realisation of Concession in the Discourse of Judges

Author: Magdalena Szczyrbak

Publisher: Wydawnictwo UJ

Published: 2013-06-05

Total Pages: 241

ISBN-13: 8323389551

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Complementing other studies on judicial discourse, this book investigates previously unexplored areas, focusing on the realisation of Concession in the genre of judgment. In addition to providing a review of approaches to concessivity as well as legal and linguistic perspectives on argumentation, the analysis draws on genre studies and follows a genre-based view of legal language. It shows the way in which the Concessive relation is deployed by last-instance courts, as revealed by an examination of EU and Polish judgments. In what constitutes a pioneering attempt to identify tripartite Concessive patterns in written data, the author breaks away from the traditional view of written legal discourse seen as static and monologic communication. Instead, she offers insights into the linguistic construction of judicial argumentation, seen as a “mute dialogue” with the addressee, highlighting recurrent argumentative schemata and related discourse signals and functions. Combining quantitative and qualitative approaches, the analysis demonstrates that the dialogic model of Concession, designed as a tool for an examination of talk-in-interaction, can be successfully applied in an investigation of written data. The book is aimed at students and researchers with interests in legal discourse, genre analysis and argumentation studies.

Law, Language and the Courtroom
Law, Language and the Courtroom

Author: Stanislaw Gozdz Roszkowski

Publisher: Routledge

Published: 2021-11-25

Total Pages: 247

ISBN-13: 100048386X

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This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.

Fundamentals of Legal Argumentation
Fundamentals of Legal Argumentation

Author: Eveline T. Feteris

Publisher: Springer

Published: 2017-07-10

Total Pages: 371

ISBN-13: 9402411291

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This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new developments for the theory of legal argumentation. Almost every chapter has been revised and updated, and the chapters include discussions of recent studies, major additions on topical issues, new perspectives, and new developments in several theoretical areas. Examples of these additions are discussions of recent developments in such areas as Habermas' theory, MacCormick's theory, Alexy's theory, Artificial Intelligence and law, and the pragma-dialectical theory of legal argumentation. Furthermore it provides an extensive and systematic overview of approaches and studies of legal argumentation in the context of legal justification in various legal systems and countries that have been important for the development of research of legal argumentation. The book contains a discussion of influential theories that conceive the law and legal justification as argumentative activity. From different disciplinary and theoretical angles it addresses such topics as the institutional characteristics of the law and the relation between general standards for moral discussions and legal standards such as the Rule of Law. It discusses patterns of legal justification in the context of different types of problems in the application of the law and it describes rules for rational legal discussions. The combination of the sound basis of the first edition and the discussions of new developments make this new edition an up-to-date and comprehensive survey of the various theoretical influences which have informed the study of legal argumentation. It discusses salient backgrounds to this field as well as major approaches and trends in the contemporary research. It surveys the relevant theoretical factors both from various continental law traditions and common law countries.

Legal Translation
Legal Translation

Author: Ingrid Simonnæs

Publisher: Frank & Timme GmbH

Published: 2019-03-07

Total Pages: 410

ISBN-13: 3732903664

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In this anthology renowned scholars working in the area of legal translation studies (LTS) focus on current issues and challenges in legal translation emerging from today’s globalisation and internationalisation. Considering both theoretical and practical points of view the contributions present interdisciplinary approaches to legal translation dealing with legal systems in national, EU and international settings, and include civil law and common law as well as supranational and private international law. In addition to the historical evolution of legal systems and of legal translation the papers discuss specific features of legal language and challenges in legal translation, as well as new didactic strategies to deal with the future profiles of legal translators.

The Oxford Handbook of Translation and Social Practices
The Oxford Handbook of Translation and Social Practices

Author: Sara Laviosa

Publisher: Oxford University Press

Published: 2020-12-01

Total Pages: 688

ISBN-13: 0190067233

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The discipline of translation studies has gained increasing importance at the beginning of the 21st century as a result of rapid globalization and the development of computer-based translation methods. Today, changing political, economic, health, and environmental realities across the world are generating previously unknown inter-language communication challenges that can only be understood through a socially-oriented and data-driven approach. The Oxford Handbook of Translation and Social Practices draws on a wide array of case studies from all over the world to demonstrate the value of different forms of translation - written, oral, audiovisual - as social practices that are essential to achieve sustainability, accessibility, inclusion, multiculturalism, and multilingualism. Edited by Meng Ji and Sara Laviosa, this timely collection illustrates the manifold interactions between translation studies and the social and natural sciences, enabling for the first time the exchange of research resources and methods between translation and other domains' experts. Twenty-nine chapters by international scholars and professional translators apply translation studies methods to a wide range of fields, including healthcare, environmental policy, geological and cultural heritage conservation, education, tourism, comparative politics, conflict mediation, international law, commercial law, immigration, and indigenous rights. The articles engage with numerous languages, from European and Latin American contexts to Asian and Australian languages, giving unprecedented weight to the translation of indigenous languages. The Handbook highlights how translation studies generate innovative solutions to long-standing and emerging social issues, thus reformulating the scope of this discipline as a socially-oriented, empirical, and ethical research field in the 21st century.

Outlaw Motorcycle Clubs and Street Gangs
Outlaw Motorcycle Clubs and Street Gangs

Author: Tereza Kuldova

Publisher: Springer

Published: 2018-04-25

Total Pages: 239

ISBN-13: 331976120X

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This edited collection offers in-depth essays on outlaw motorcycle clubs and street gangs. Written by sociologists, anthropologists and criminologists, it asks the question of how the self-proclaimed ‘outlaws’ integrate into society. While these groups may cultivate a deviant image, these original studies show that we should not let ourselves be deceived by appearances. These ‘outlaws’ are, paradoxically, well integrated into mainstream society. The essays read the relationship of these groups to the media, law enforcement and society through the lens of their strategies of ‘scheming legality’ and ‘resisting criminalization’. These reveal most strikingly how the knowledge of social codes, norms and mechanisms is put to use by these groups. This groundbreaking volume provides answers to previously understudied questions through well-researched case studies drawn from across Europe and United States. With wide-reaching implications for communities around the world, this exciting collection of essays will be of great interest to academics and governmental institutions as well as students and general readers of anthropology, sociology and criminology.

Investigating English Legal Genres in Academic and Professional Contexts
Investigating English Legal Genres in Academic and Professional Contexts

Author: Girolamo Tessuto

Publisher: Cambridge Scholars Publishing

Published: 2013-01-11

Total Pages: 315

ISBN-13: 1443845396

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This volume contributes to the latest studies in legal discourse studies by presenting a descriptive and interpretive analysis of English legal genres used in academic and professional writing contexts. The results of corpora-driven data are discussed through (meta)discourse, genre and other theoretical perspectives, and offer insights into the ways the writers' discursive practices and meanings shape their membership of the legal community and discipline. The volume attempts to show these id ...

Perspectives from Systemic Functional Linguistics
Perspectives from Systemic Functional Linguistics

Author: Akila Sellami-Baklouti

Publisher: Routledge

Published: 2018-04-09

Total Pages: 437

ISBN-13: 1315299852

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This innovative collection brings together contributions from established and emerging scholars highlighting the "appliability" of Systemic Functional Linguistics and the ways in which theoretical and analytical conclusions drawn from its applications can inform and advance the study of language. The book discusses SFL’s theoretical foundations and development in recent years to demonstrate its evolution into a more effective analytical tool. Building on this theoretical framework, the volume showcases the theory’s applications in case studies exploring four sub-disciplines of language study: multilingual studies; translation studies; language learning and language teaching; and genre analysis. This all-inclusive volume demonstrates both Systemic Functional Linguistics’ efficacy as a means of theoretical analysis, but also its value as a unique approach to the study of language and meaning, making this an indispensable resource for researchers and scholars in applied linguistics, discourse analysis, genre studies, translation studies, and multilingualism.

Minority Groups and Judicial Discourse in International Law
Minority Groups and Judicial Discourse in International Law

Author: Gaetano Pentassuglia

Publisher: Martinus Nijhoff Publishers

Published: 2009

Total Pages: 305

ISBN-13: 9004176721

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Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies, particularly in the Americas, Africa and Europe in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group's perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative practical and theoretical perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.