Language In The Judicial Process

Author : Judith N. Levi,Anne Graffam Walker
Publisher : Springer Science & Business Media
Page : 390 pages
File Size : 54,6 Mb
Release : 2013-11-11
Category : Language Arts & Disciplines
ISBN : 9781489937193

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Language in the Judicial Process by Judith N. Levi,Anne Graffam Walker Pdf

Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.

Author : Janet Cotterill
Publisher : Unknown
Page : 128 pages
File Size : 54,9 Mb
Release : 2002
Category : Criminal justice, Administration of
ISBN : OCLC:1039587452

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Language in the Legal Process by Janet Cotterill Pdf

Author : Stanislaw Gozdz Roszkowski,Gianluca Pontrandolfo
Publisher : Routledge
Page : 247 pages
File Size : 49,8 Mb
Release : 2021-11-25
Category : Language Arts & Disciplines
ISBN : 9781000483864

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Law, Language and the Courtroom by Stanislaw Gozdz Roszkowski,Gianluca Pontrandolfo Pdf

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.

Author : Lawrence M. Solan
Publisher : University of Chicago Press
Page : 231 pages
File Size : 43,8 Mb
Release : 2010-08-15
Category : Law
ISBN : 9780226767895

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The Language of Judges by Lawrence M. Solan Pdf

Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.

Author : Susan Berk-Seligson
Publisher : University of Chicago Press
Page : 382 pages
File Size : 41,9 Mb
Release : 2017-05-23
Category : Law
ISBN : 9780226329475

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The Bilingual Courtroom by Susan Berk-Seligson Pdf

“An essential text” that examines how interpreters can influence a courtroom, updated and expanded to cover contemporary issues in our diversifying society (Criminal Justice). Susan Berk-Seligson’s groundbreaking book presents a systematic study of court interpreters that raises some alarming and vitally important concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty. The Bilingual Courtroom draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts, along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony. This second edition includes an updated review of relevant research and provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons. It also explores remote interpreting (for example, by telephone), interpreter training and certification, international trials and tribunals, and other cross-cultural issues. With a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.

Author : Michel Bastarache
Publisher : Editions Y. Blais
Page : 588 pages
File Size : 50,8 Mb
Release : 1987
Category : Language Arts & Disciplines
ISBN : UOM:39015013450831

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Language Rights in Canada by Michel Bastarache Pdf

Author : Benjamin Nathan Cardozo
Publisher : Unknown
Page : 218 pages
File Size : 52,5 Mb
Release : 1921
Category : Judges
ISBN : UOM:39015013793164

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The Nature of the Judicial Process by Benjamin Nathan Cardozo Pdf

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

Author : Richard Goreham,Canada. Office of the Commissioner of Official Languages
Publisher : Le Commissaire
Page : 128 pages
File Size : 40,6 Mb
Release : 1992
Category : Bilingualism
ISBN : MINN:31951P003361858

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Language Rights and the Court Challenges Program by Richard Goreham,Canada. Office of the Commissioner of Official Languages Pdf

A review of its accomplishments and impact of its abolition : a report submitted to the Commissioner of Official Languages.

Author : John M. Conley,William M. O'Barr,Robin Conley Riner
Publisher : University of Chicago Press
Page : 262 pages
File Size : 44,6 Mb
Release : 2019-05-10
Category : Law
ISBN : 9780226484532

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Just Words by John M. Conley,William M. O'Barr,Robin Conley Riner Pdf

Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.

Author : Peter M. Tiersma
Publisher : University of Chicago Press
Page : 330 pages
File Size : 46,9 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.

Author : Lawrence M. Solan
Publisher : University of Chicago Press
Page : 225 pages
File Size : 45,9 Mb
Release : 1993-04-15
Category : Law
ISBN : 0226767906

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The Language of Judges by Lawrence M. Solan Pdf

Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.

Author : Robert M. Cover
Publisher : Yale University Press
Page : 340 pages
File Size : 50,8 Mb
Release : 1975-01-01
Category : Law
ISBN : 0300032528

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Justice Accused by Robert M. Cover Pdf

What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak

Author : Archie Zariski
Publisher : Athabasca University Press
Page : 220 pages
File Size : 42,6 Mb
Release : 2014-10-01
Category : Law
ISBN : 9781927356449

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Legal Literacy by Archie Zariski Pdf

To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.

Author : Canadian Judicial Council
Publisher : Unknown
Page : 56 pages
File Size : 46,9 Mb
Release : 1998
Category : Judges
ISBN : UIUC:30112045263024

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Ethical Principles for Judges by Canadian Judicial Council Pdf

This publication is the latest in a series of steps to assist judges in carrying out their onerous responsibilities, and represents a concise yet comprehensive set of principles addressing the many difficult ethical issues that confront judges as they work and live in their communities. It also provides a sound basis to promote a more complete understanding of the role of the judge in society and of the ethical dilemmas they so often encounter. Sections of the publication cover the following: the purpose of the publication; judicial independence; integrity; diligence; equality; and impartiality, including judicial demeanour, civic and charitable activity, political activity, and conflicts of interest.

Author : Susan Berk-Seligson
Publisher : University of Chicago Press
Page : 336 pages
File Size : 41,8 Mb
Release : 2012-04-13
Category : Law
ISBN : 9780226923277

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The Bilingual Courtroom by Susan Berk-Seligson Pdf

Drawing on more than one hundred hours of taped recordings of Spanish/English court proceedings in federal, state, and municipal courts—along with extensive psycholinguistic research using translated testimony and mock jurors—Susan Berk-Seligson's seminal book presents a systematic study of court interpreters, and raises some alarming, vitally important concerns: contrary to the assumption that interpreters do not affect the contents of court proceedings, they could potentially make the difference between a defendant being found guilty or innocent of a crime.