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Author : Liping Zhang
Publisher : Springer Nature
Page : 207 pages
File Size : 40,9 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9789819712113
Author : Liping Zhang
Publisher : Springer
Page : 0 pages
File Size : 45,7 Mb
Release : 2024-05-07
Category : Language Arts & Disciplines
ISBN : 9819712106
This book focuses on the speech style of lawyer talk in contemporary Chinese courtrooms. The topic is intriguing to readers who may wonder how lawyers compete with their opposing counterparts in an adversarial trial system in China. The legal tradition in Confucianism, which advocates harmony in interpersonal relationships, has historically guided the practice of law in China. The book analyses how lawyers manage to compete in this system. Applying the social semiotic view of language in the Hallidayian sense, specifically systemic functional linguistics and its appraisal theory, this study interprets the subjectivity of legal language by lawyers. The speech style in legal argument presentation is described as 'rational'. The exploration of the rational speech style of lawyers is a theoretical and discursive topic. It draws upon Habermasian philosophy of intersubjectivity in legal argumentation and considers the cultural and legal contexts of China as contextual constraints. The key construct of lawyer evaluation is fully captured in this discussion. As a linguistic phenomenon and unit of analysis, discourse can be examined both within local clauses and in larger stretches of talk beyond clauses. Additionally, it serves as an effective means for constructing a rational speech style for lawyers. Most importantly, discourse is a discursive act that negotiates legal arguments in the dynamic speech exchanges of a court trial, which is embedded in a wider social and cultural context. The book showcases instances of lawyer talk in well-documented trials in China and offers a good opportunity for readers to gain a general understanding of courtroom discourse in the Chinese context. It introduces readers with special interests in legal language and the law to the solidarity dimension of legal language and arguments, an alternative to the confrontational or hostile lawyer talk in trials in countries with a common-law system. The analysis presented is refined and the language used is clear, concise, and objective.
Author : Anonim
Publisher : Unknown
Page : 490 pages
File Size : 52,7 Mb
Release : 1924
Category : Law
ISBN : STANFORD:36105060653958
Author : ZUZANNA KOPANIA,IGOR SZPOTAKOWSKI
Publisher : Wydawnictwo Naukowe ArchaeGraph
Page : 82 pages
File Size : 42,9 Mb
Release : 2020-09-01
Category : Antiques & Collectibles
ISBN : 9788366709485
A journey of a thousand miles begins with a single step. This Research Guide will be the first step in your journey with Chinese law. China grows more important every day from a global perspective. However, studying and conducting research on Chinese law can be extremely challenging, especially if you do not know Mandarin well. This book is intended as a compact but comprehensive research guide that would provide students (especially those who are preparing coursework or dissertations about Chinese law), researchers and legal practitioners with the necessary knowledge about how to conduct effective Chinese legal research.
Author : Eva Pils
Publisher : Routledge
Page : 312 pages
File Size : 51,8 Mb
Release : 2014-11-20
Category : Law
ISBN : 9781134450619
This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China’s legal and political system, and proposes new ways to assess domestic advocacy’s relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.
Author : Bee Chen Goh
Publisher : Routledge
Page : 218 pages
File Size : 48,9 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351922661
The Chinese have, since ancient times, professed a non-litigious outlook. Similarly, their preference for mediation has fascinated the West for centuries. Mediation has been popularized by the Chinese who subscribe to the Confucian notions of harmony and compromise. It has been perpetuated in the People's Republic of China and by the overseas Chinese communities elsewhere, such as in Malaysia and Taiwan. Seen as the chief contributing factor in their litigation-averse nature, as well as the reason behind the significant role given to traditional mediation, this compelling book traces the cultural tradition of the Chinese. It uses rural Chinese Malaysians as illustrative examples and offers new insights into the nature of mediation East and West. It is an important reference and essential resource for anyone keen to learn about traditional Chinese concepts of law, justice and dispute settlement. Equally, it makes a unique contribution to the existing ADR literature by undertaking a socio-legal study on traditional Chinese mediation.
Author : Yuan Chuanyou,Xu Youping,Lu Nan
Publisher : Cambridge University Press
Page : 171 pages
File Size : 54,5 Mb
Release : 2024-05-02
Category : Language Arts & Disciplines
ISBN : 9781009192743
This Element offers a comprehensive examination of forensic linguistics in China. It traces the origins of the field in the 1980s and 1990s, and highlights the progress made in the 2000s, with a focus on the work of influential scholars such as Pan Qingyun, Wang Jie, Du Jinbang, Liao Meizhen, Yuan Chuanyou, and Wang Zhenhua. It discusses the development of Discourse Information Theory, the Principle of Goal, Functional Forensic Discourse Analysis, and Legal Discourse as a Social Process. It also analyses studies on language evidence and explores legal translation. It discusses emerging research areas, including cyberbullying language research, internet court discourse analysis, authorship analysis, expert assistance systems, and speaker identification and evidence of forensic phonetics. This Element provides valuable insights into the growth and potential of forensic linguistics in China, serving as a comprehensive resource for scholars, researchers, and practitioners interested in the intersection of language and law.
Author : DENG Hua
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 50,5 Mb
Release : 2016-08-29
Category : Law
ISBN : 9788283480481
Author : Yanbin Lv,He Tian
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2019
Category : Courts
ISBN : 184464555X
Since the 1990s, global science and technology has been progressing every single day, with internet and big data having become an important orientation of the times and the most significant characteristics of the global economic society as well. Therefore promoting information development is becoming not only a top concern of the state, but a demanded work for the court. The informatization of courts is defined as an endeavor and process in which the courts take initiatives to upgrade judicial credibility and to uphold legal justice by developing and implementing various types of information systems utilizing information technology in their collection, processing, storage, sharing and exploration of all kinds of information emerging from trials for promoting judicial transparency and justice for the people to the public, and for standardizing the exercise of internal judicial power and improving both the quality and efficiency of court performance. Being an important component of the state informatization, the court informatization is undergoing a profound self-revolution within the judicial system, which is not only transforming the trial mode, but improving judicial capability and optimizing the judicial structure for the construction of an innovative trial mode. And at the same time it serves as an important means to provide better services for the public and to realize the fundamental goal of justice for the people. Therefore, the development of the court information is a key solution for the court to tackle a series of deep-level issues such as how to better achieve social fairness and justice and how to meet the judicial needs of the public in the New Era, being itself an important part of the judicial reform. Recent years have witnessed remarkable achievements in judicial transparency, justice for the people, and the betterment of trial quality and efficiency as well as the standardization of judicial administration, as a result of the great initiatives by the Chinese courts in their construction of the court information network under the guidance of the overall strategy for ruling the country by law, and in accordance with the idea of "Big data, large scale, great service" while striving to provide good services for the people, trial, and judicial administration.
Author : Berry Fong-Chung Hsu
Publisher : Hong Kong University Press
Page : 314 pages
File Size : 55,6 Mb
Release : 1992-01-01
Category : Law
ISBN : 9622093019
Studies the extent to which Common Law notions have taken root in Hong Kong, and answers the most fundamental question about Hong Kong law today: Do the people of Hong Kong want to preserve this system after 1997?
Author : Kai Yang
Publisher : Springer Nature
Page : 110 pages
File Size : 41,8 Mb
Release : 2020-08-06
Category : Law
ISBN : 9789811564345
This book focuses on the reality of China’s modern judiciary, systematically demonstrating and discussing the judicial philosophy and judicial ethics as applied by Chinese courts and judges. In order to illustrate the methods of jurisprudence and sociology of law in the context of China’s judicial practice and practicability of applicable laws, it also addresses judicial methodology and Chinese judges' trial methods. Based on comparative study and aiming at global judicial reform, the book provides valuable guidance and insights for readers pursuing a detailed understanding of modern Chinese judiciary, Chinese judges and Chinese rule of law. The book is intended to primarily serve the need of legal professionals around the world, in particular those who are interested in China’s judicial system.
Author : Anonim
Publisher : BRILL
Page : 250 pages
File Size : 48,8 Mb
Release : 2020-09-25
Category : Law
ISBN : 9789004438248
The challenges courts face today all over the world can only be solved in close cooperation between judges and academics. The anthology brings judges from China, Germany, Slovenia, England and Wales and Norway and academics together for a cross-border dialogue.
Author : Sarah Marusek
Publisher : Routledge
Page : 427 pages
File Size : 43,8 Mb
Release : 2016-12-01
Category : Law
ISBN : 9781317047254
Synesthesia is the phenomenon where sensual perceptions are joined together as a combined experience – that is, the ability to feel color, hear the visual, or even smell emotion. These types of unions expand the normativity of our legal thinking, as the abilities to represent the tethering of emotion, place, and concept to law are magnified. In this way, interpretations of law and legal phenomena that are enriched with embodied meaning contribute to our understanding of how law works – namely through sensory input, sensory output, and the attachment that happens within these sensory unions. This edited volume explores the richly complex manifestations of synesthesia and law drawing from a plurality of approaches, including legal studies, philosophy, social science, linguistics, history, cultural studies, and the humanities. Contributions in the volume discuss how we feel/taste/smell/see/hear law within the synesthetic scope of legal interpretation, legal consciousness, and legal culture. The collection examines aspects of embodiment, place, and presence that constitutively frame law amidst social, cultural, and historical contexts.
Author : Shi, Jichun
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 55,7 Mb
Release : 2022-07-22
Category : Law
ISBN : 9781802209587
Renmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.
Author : Malcolm Coulthard,Alison May,Rui Sousa-Silva
Publisher : Routledge
Page : 842 pages
File Size : 50,6 Mb
Release : 2020-11-24
Category : Language Arts & Disciplines
ISBN : 9780429638251
The Routledge Handbook of Forensic Linguistics offers a comprehensive survey of the subdiscipline of Forensic Linguistics, with this new edition providing both updated overviews from leading figures in the field and exciting new contributions from the next generation of forensic linguists. The Handbook is a unique work of reference to the leading ideas, debates, topics, approaches and methodologies in forensic linguistics and language and the law. It comprises 43 chapters, including entirely new contributions from many international experts, in the areas of Aboriginal claimants, appraisal and stance, author identities online, biased language in capital trials, corpus approaches, false confessions, forensic phonetics, forensic transcription, the historical courtroom, legal interpretation, multilingual law, police crisis negotiation, speaker profiling, and trolling. The chapters include a wealth of examples and case studies so the reader can see forensic linguistics applied and in action. Edited and authored by the world’s leading academics and practitioners, The Routledge Handbook of Forensic Linguistics is a vital resource for advanced students, researchers and scholars, and will also be of interest to legal, law enforcement and security professionals.
