Academic Legal Discourse and Analysis

Academic Legal Discourse and Analysis

Author: Marta Baffy

Publisher: Aspen Publishing

Published: 2019-08-15

Total Pages: 616

ISBN-13: 1543816703

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This book introduces international students to the characteristics of legal education in the United States and helps them develop the linguistic, analytical, and cultural skills to thrive at a U.S. law school. Part I focuses on the academic legal writing skills needed to write in law school. It guides students in reviewing their own writing skills and helps them to adapt to the conventions of academic legal writing at the whole text, paragraph, and sentence levels. It also gives students guidance in effectively presenting their ideas in writing so that a reader can quickly grasp their reasoning and meaning. Part II introduces students to common law and legal analysis. Following a brief introduction to the U.S. legal system, the book focuses on the skills required to read, discuss, and write about legal cases in a U.S. law class. Cases in torts and criminal procedure law provide an opportunity to apply these skills while also teaching high-frequency legal vocabulary. Throughout the book, students can read clear and concise explanations and practice the skills they are acquiring with detailed practice exercises. Professors and students will benefit from: Clear explanations of academic legal writing expected of law students on written assignments, such as exams and papers Straightforward definitions and explanations about how the common law system in the U.S. works Guidelines and practice in reading, discussing, and writing about legal cases Authentic tasks and exercises for all key concepts


Legal Discourse

Legal Discourse

Author: Peter Goodrich

Publisher: Springer

Published: 1990-02-19

Total Pages: 273

ISBN-13: 1349112836

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Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power.


Speaking of Equality

Speaking of Equality

Author: P. Westen

Publisher: Princeton University Press

Published: 2014-07-14

Total Pages: 343

ISBN-13: 1400861489

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Aristotle noted that "equality" is the plea not of those who are satisfied but of those who seek change, and the word has long been invoked in the name of social reform. It retains its force because arguments for equality put arguments for inequality on the defensive. But why is "equality" laudatory and "inequality" pejorative? In this first book-length analysis of the rhetorical force of equality arguments, Peter Westen argues that they derive their persuasiveness largely from the kind of word that "equality" is, rather than from the values it incorporates. By focusing on ordinary language and using commonplace examples from law and morals, Westen argues that equality is a single concept that lends itself to a multiplicity of conceptions by virtue of its capacity to incorporate diverse standards of comparison by reference. Equality arguments draw rhetorical force in part from their tendency to mask the standards of comparison on which they are based, and in so doing to confound fact with value, premises with conclusions, and uncontested with contested norms. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.


The Context and Media of Legal Discourse

The Context and Media of Legal Discourse

Author: Girolamo Tessuto

Publisher: Cambridge Scholars Publishing

Published: 2020-02-24

Total Pages: 231

ISBN-13: 1527547477

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This volume provides new insights into the diverse and complex contexts of legal discourse and activity performed across a variety of socially and culturally informed digital media transformations. It addresses topical issues of legal discourse performed by Web-mediated technologies and (social) media usage in professional and institutional contexts of communication. Its analyses rely on specific perspectives, varied applications, and different methodological procedures, providing a multifaceted overview of ongoing research and knowledge in the field.


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.


Corpus-based Research on Variation in English Legal Discourse

Corpus-based Research on Variation in English Legal Discourse

Author: Teresa Fanego

Publisher: John Benjamins Publishing Company

Published: 2019-02-15

Total Pages: 304

ISBN-13: 9027262837

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This volume provides a comprehensive overview of the research carried out over the past thirty years in the vast field of legal discourse. The focus is on how such research has been influenced and shaped by developments in corpus linguistics and register analysis, and by the emergence from the mid 1990s of historical pragmatics as a branch of pragmatics concerned with the scrutiny of historical texts in their context of writing. The five chapters in Part I (together with the introductory chapter) offer a wide spectrum of the latest approaches to the synchronic analysis of cross-genre and cross-linguistic variation in legal discourse. Part II addresses diachronic variation, illustrating how a diversity of methods, such as multi-dimensional analysis, move analysis, collocation analysis, and Darwinian models of language evolution can uncover new understandings of diachronic linguistic phenomena.


Fictional Discourse and the Law

Fictional Discourse and the Law

Author: Hans J. Lind

Publisher: Routledge

Published: 2020-04-14

Total Pages: 244

ISBN-13: 0429887612

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Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.


Understanding Jus Cogens in International Law and International Legal Discourse

Understanding Jus Cogens in International Law and International Legal Discourse

Author: Ulf Linderfalk

Publisher: Edward Elgar Publishing

Published: 2020-01-31

Total Pages: 304

ISBN-13: 1786439514

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Whilst the concept of jus cogens has grown increasingly more important in public international law, lawyers remain hugely divided both over what precisely confers a jus cogens status on a norm, and what this conferral implies in terms of legal consequences. In this ground-breaking book, Ulf Linderfalk clearly and succinctly explores the reasons for this divide in order to facilitate more rational and productive future discourse.