Language and Law

Language and Law

Author: Alan Durant

Publisher: Routledge

Published: 2017-05-08

Total Pages: 322

ISBN-13: 131543623X

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Language plays an essential role both in creating law and in governing its implementation. Providing an accessible and comprehensive introduction to this subject, Language and Law: describes the different registers and genres that make up spoken and written legal language and how they develop over time; analyses real-life examples drawn from court cases from different parts of the world, illustrating the varieties of English used in the courtroom by speakers occupying different roles; addresses the challenges presented to our notions of law and regulation by online communication; discusses the complex role of translation in bilingual and multilingual jurisdictions, including Hong Kong and Canada; and provides readings from key scholars in the discipline, including Lawrence Solan, Peter Goodrich, Marianne Constable, David Mellinkoff, and Chris Heffer. With a wide range of activities throughout, this accessible textbook is essential reading for anyone studying language and law or forensic linguistics. Sections A, B, and C of this book are freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781315436258


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.


Legal Language

Legal Language

Author: Peter M. Tiersma

Publisher: University of Chicago Press

Published: 1999

Total Pages: 330

ISBN-13: 9780226803036

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This history of legal language slices through the polysyllabic thicket of legalese. The text shows to what extent legalese is simply a product of its past and demonstrates that arcane vocabulary is not an inevitable feature of our legal system.


Speaking of Language and Law

Speaking of Language and Law

Author: Lawrence Solan

Publisher: Oxford University Press

Published: 2015-07-28

Total Pages: 329

ISBN-13: 0199334196

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Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.


Legal Linguistics Beyond Borders: Language and Law in a World of Media, Globalisation and Social Conflicts

Legal Linguistics Beyond Borders: Language and Law in a World of Media, Globalisation and Social Conflicts

Author: Friedemann Vogel

Publisher: Duncker & Humblot

Published: 2019-07-31

Total Pages: 385

ISBN-13: 342855423X

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The world of law has changed in the last decades: it has become more globalized, multilingual and digital. The sections and contributions of this volume continue the interdisciplinary discussion about the challenges of this change for theory and practice of law and for the International Language and Law Association (ILLA) relaunched in 2017. First, the book gives a broad overview to the research field of legal linguistics, its history, research directions and open questions in different parts of the world (United States, Africa, Italy, Spain, Germany, Nordic countries and Russia). The second section consists of contributions about the relation of language, law and justice in a globalized world with a focus on multilingual and supranational law in the EU. The third section focuses on digitalization and mediatization of the law, the last section reports about the discussion at the ILLA relaunch conference in 2017.


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.


Translation Issues in Language and Law

Translation Issues in Language and Law

Author: F. Olsen

Publisher: Springer

Published: 2009-03-19

Total Pages: 245

ISBN-13: 0230233740

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With contributions from world-class specialists this first book-length work looks at translation issues in forensic linguistics, where accuracy and cultural understandings play a prominent part in the legal process.


Law and Language

Law and Language

Author: Harold J. Berman

Publisher: Cambridge University Press

Published: 2013-08-08

Total Pages: 223

ISBN-13: 1107434610

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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.


The Language of Law

The Language of Law

Author: Andrei Marmor

Publisher:

Published: 2014

Total Pages: 177

ISBN-13: 019871453X

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The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.