Formal Linguistics And Law

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Formal Linguistics and Law

Author : Günther Grewendorf,Monika Rathert
Publisher : Walter de Gruyter
Page : 449 pages
File Size : 43,6 Mb
Release : 2009-12-15
Category : Language Arts & Disciplines
ISBN : 9783110218398

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Formal Linguistics and Law by Günther Grewendorf,Monika Rathert Pdf

This volume explores new interfaces between linguistics and jurisprudence. Its theoretical and methodological importance lies in showing that many questions asked within the field of language and law receive satisfactory answers from formal linguistics. The book starts with a paper by the two editors in which they explain why the volume - as a whole and with its individual papers - is an innovation in the field of language and law. In addition, an overview about the most important research projects on language and law is given. The first chapter of the book is on understanding the law. Jurists and laypersons always ask for the precise meaning of a certain piece of the law. In linguistics, the discipline investigating 'meaning' is semantics; thus, it is to be expected that semantics can contribute to a correct understanding of the law. Chapter 1 also investigates the alleged incomprehensibility of legal language with the help of psycholinguistics. Chapter 2 is on identifying the criminal. To find the author of a blackmailer's letter, text/ corpus linguistics is instrumental. If the blackmailer uses the telephone instead of the letter, speaker identification and phonetics are necessary. The BKA stores all blackmailing letters in a database, but databases are only one possibility of organizing legal systems; another possibility is the application of tools from computational linguistics and artificial intelligence. These tools can be useful to handle terminology, to retrieve information, or to model legal theorizing in a formal system. Chapter 3 demonstrates a variety of examples of organizing legal systems. The topic of chapter 4 is multilingualism and the law. The European legislation is a product of legal and linguistic diversity, as the member states do not only differ in languages but also in their legal systems. One paper shows how Switzerland handles its multilingualism in legal drafting. The input of translation studies is of course vital in this field of research. An index for both subjects and persons complements the volume.

Formal Linguistics and Law

Author : Günther Grewendorf,Monika Rathert
Publisher : Walter de Gruyter
Page : 449 pages
File Size : 49,8 Mb
Release : 2009
Category : Computers
ISBN : 9783110218381

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Formal Linguistics and Law by Günther Grewendorf,Monika Rathert Pdf

The volume explores new interfaces between linguistics and jurisprudence. Its theoretical and methodological importance lies in showing that many questions asked within language and law receive satisfactory answers from formal linguistics, including computational linguistics, artificial intelligence, translation studies, psycholinguistics, semantics, phonetics and corpus linguistics.

Legal Language

Author : Peter M. Tiersma
Publisher : University of Chicago Press
Page : 330 pages
File Size : 46,7 Mb
Release : 1999
Category : Language Arts & Disciplines
ISBN : 0226803031

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Legal Language by Peter M. Tiersma Pdf

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.

Legal Discourse

Author : Peter Goodrich
Publisher : Springer
Page : 273 pages
File Size : 51,5 Mb
Release : 1990-02-19
Category : Social Science
ISBN : 9781349112838

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Legal Discourse by Peter Goodrich Pdf

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.

Language and the Law

Author : John Peter Gibbons
Publisher : Routledge
Page : 491 pages
File Size : 51,6 Mb
Release : 2014-09-25
Category : Language Arts & Disciplines
ISBN : 9781317894537

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Language and the Law by John Peter Gibbons Pdf

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 Linguistics

Author : Marcus Galdia
Publisher : Peter Lang
Page : 442 pages
File Size : 44,6 Mb
Release : 2009
Category : Forensic linguistics
ISBN : 3631594631

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Legal Linguistics by Marcus Galdia Pdf

This book introduces into the problems of Legal Linguistics. It starts with the most fundamental legal-linguistic question, i.e. how law is created and applied with linguistic means. In breaking down this vast question, the book identifies the linguistically relevant aspects of language use, especially its terminology, and scrutinizes the most significant legal-linguistic operations such as the legal argumentation, the legal interpretation, and the legal translation. Based on case analyses, it canvasses the language use strategies that are most instrumental in the developing of professionally convincing legal argumentation, primarily around terminological units. Towards the background of these and other linguistic operations in law, the book reflects upon some practical problems related to the regulation of language use and the emergence of the global law.

Studies in Formal Historical Linguistics

Author : H.M. Hoenigswald
Publisher : Springer Science & Business Media
Page : 75 pages
File Size : 46,6 Mb
Release : 2012-12-06
Category : Language Arts & Disciplines
ISBN : 9789401025317

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Studies in Formal Historical Linguistics by H.M. Hoenigswald Pdf

These separate but related essays owe their existence to a combined concern for the workings of text criticism and historical linguistics and for the history of scholarship in these fields. On earlier occasions I have suggested certain views on the development of the so-called comparative method. Few things are more rewarding than to bring implicit preconceptions of the past and present out into the open, as I aimed to do then and as I aim to do now. This time existing tradition is treated as a body - without, I hope, being seriously distorting - and one small portion of its working assumptions is examined. My thanks go to the colleagues and students with whom I have had fruitful discussion, but especially to Zellig S. Harris, and to Henry Hiz who expended much more than just his excellent editorial care on these efforts. I only hope that I have learned as much from him as he has patiently tried to teach me. Lloyd W. Daly has kindly read parts of an earlier version and has contri buted valuable suggestions.

Speaking of Language and Law

Author : Lawrence Solan,Janet Ainsworth,Roger W. Shuy
Publisher : Oxford University Press
Page : 328 pages
File Size : 45,6 Mb
Release : 2015-08-25
Category : Language Arts & Disciplines
ISBN : 9780190492663

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Speaking of Language and Law by Lawrence Solan,Janet Ainsworth,Roger W. Shuy Pdf

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.

Language in the Legal Process

Author : J. Cotterill
Publisher : Springer
Page : 276 pages
File Size : 53,5 Mb
Release : 2002-10-09
Category : Language Arts & Disciplines
ISBN : 9780230522770

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Language in the Legal Process by J. Cotterill Pdf

Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law.

Linguistic Structures and Linguistic Laws

Author : Ferenc Kovacs
Publisher : John Benjamins Publishing
Page : 400 pages
File Size : 53,9 Mb
Release : 1971-12-31
Category : Language Arts & Disciplines
ISBN : 9789027272676

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Linguistic Structures and Linguistic Laws by Ferenc Kovacs Pdf

This monograph has as its objective to give a critical survey of the development of the theories concerning the essence, the function, and the most characteristic (determining) features of language, and to explore and evaluate the motive forces responsible for this development. The author explains mainly the progressive elements of the theoretical foundations and methodological procedures of different times and schools (trends), and places them in the process which presents the course of development of linguistic theory as an organic whole. He deals in detail with the foreign (mainly American) and Hungarian monographic publications based on so-called modern methodologies and, in the light of the facts of language, points out the theoretical (gnoseological, philosophical) errors which, of course, are errors from the point of view of general linguistics, too. He relies on a Marxist-based interpretation of the modern concept of natural and social law for the formulation of his own conception of linguistic law which includes also his own view of linguistics structures.

Language and Law

Author : Alan Durant,Janny HC Leung
Publisher : Routledge
Page : 322 pages
File Size : 54,8 Mb
Release : 2017-05-08
Category : Language Arts & Disciplines
ISBN : 9781315436234

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Language and Law by Alan Durant,Janny HC Leung Pdf

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

Author : Peter M. Tiersma,Lawrence M. Solan
Publisher : OUP Oxford
Page : 664 pages
File Size : 43,8 Mb
Release : 2012-03-08
Category : Language Arts & Disciplines
ISBN : 9780191638107

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The Oxford Handbook of Language and Law by Peter M. Tiersma,Lawrence M. Solan Pdf

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 language, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopaedic in scope, the handbook includes chapters written by experts from every contentint 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.

Linguistic Evidence

Author : William M. O'Barr
Publisher : Elsevier
Page : 209 pages
File Size : 50,6 Mb
Release : 2014-05-19
Category : Language Arts & Disciplines
ISBN : 9781483297712

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Linguistic Evidence by William M. O'Barr Pdf

With the permission of a North Carolina court, more than 150 hours of courtroom speech were recorded for this study. These tapes provided a rich archive for a variety of different types of inquiry, including the ethnography of courtroom speech and social psychological experiments focused on effects of different modes of presenting information in courts of law. Four sets of linguistic variables and related experimental studies have constituted a major portion of the research: (1) "powerful" versus "powerless" speech; (2) hypercorrect versus formal speech; (3) narrative versus fragmented testimony, and (4) simultaneous speech by witnesses and lawyers. All four sets of studies focus on the central question of importance of form over content of testimony.

Fighting over Words

Author : Roger W. Shuy
Publisher : Oxford University Press
Page : 256 pages
File Size : 40,8 Mb
Release : 2008-01-29
Category : Language Arts & Disciplines
ISBN : 9780190450076

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Fighting over Words by Roger W. Shuy Pdf

Most people fight over something or other and language is usually at the very center of the conflict. Often the way we use language is the cause of the battle. There are many areas in which fighting about language can be observed but civil law cases offer the most fertile examples of this warfare over words. What did the contract actually say? Was there deception in the advertising? Was the warning label clear and effective? Did the company evidence race or age discrimination against employees or customers? Was one company's name too similar to that of another company? Did the corporation plagiarize the work of another? Did it fraudulently represent what its work? This book is about the ways linguistic analysis describes, exposes, and aids disputes in 18 civil cases where language framed the battleground. Roger Shuy, a well-known forensic linguist and consultant, shows how the skills of linguistic analysis can help resolve disputed meanings, while also showing how civil cases can prove to be fertile ground for linguistic scholarship. He does this by collecting and analyzing cases involving contracts, trademark disputes, advertisements, product liability, copyright infringement, discrimination, trademark disputes, and fraud controversies. In each case he employs all the tools of formal linguistics to show how it can be as helpful as other physical sciences in resolving legal disagreements. The work will be of interest primarily to linguists -- sociolinguists, forensic linguists, and scholars and students of law and society -- as well as lawyers and law students.

Language, Meaning and the Law

Author : Christopher Hutton
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 41,7 Mb
Release : 2009-01-19
Category : Language Arts & Disciplines
ISBN : 9780748633524

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Language, Meaning and the Law by Christopher Hutton Pdf

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.