Obscurity And Clarity In The Law

Author : Sophie Cacciaguidi-Fahy
Publisher : Routledge
Page : 284 pages
File Size : 41,8 Mb
Release : 2016-12-05
Category : Law
ISBN : 9781351914208

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Obscurity and Clarity in the Law by Sophie Cacciaguidi-Fahy Pdf

This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.

Author : Anne Wagner,Sophie Cacciaguidi-Fahy
Publisher : Peter Lang
Page : 508 pages
File Size : 40,8 Mb
Release : 2006
Category : Language Arts & Disciplines
ISBN : 3039111698

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Legal Language and the Search for Clarity by Anne Wagner,Sophie Cacciaguidi-Fahy Pdf

This interdisciplinary collection with contributions in English and French explores how the various disciplines of law and linguistics appreciate and work towards improving the nature of clarity and obscurity in legal language. For the first time, it brings together legal academics and practitioners, jurilinguists and linguists from the common law and civil law with the specific aim to understand the complex nature, practice and tools of clarity and obscurity in legal drafting. Topics addressed include how the Clarity framework has been put into practice through the use of plainer language, better comprehensibility, readability and access to legal or administrative texts. In an attempt to reflect the more recent development of the Clarity-Obscurity debate, the editors have also focused on the use of specific instruments to respond to the problems raised by obscurity to improve clarity. Cette collection interdisciplinaire offrant des contributions en anglais et en français, explore comment les diverses disciplines du droit et de la linguistique appréhendent et visent à perfectionner la nature de la clarté et de l'opacité du discours juridique. Cet ouvrage rassemblant pour la première fois, des universitaires et professionnels du droit, des jurilinguistes et linguistes de la common law and et du droit civil, propose de découvrir la nature complexe, les pratiques et outils de la clarté et de l'opacité utilisés en rédaction juridique. Les questions abordées examinent la mise en pratique de la clarté juridique au travers de l'utilisation de la langue courante, une meilleure lisibilité, compréhensibilité et accès aux textes juridiques et administratifs. Dans le but de refléter l'actualité du débat Clarté-Opacité du discours juridique, les éditrices se sont également concentrées sur l'utilisation des outils et méthodes les plus récents et utilisés pour résoudre les difficultés soulevées par l'opacité des langues du droit et ainsi améliorer la transparence du discours juridique.

Author : Marcus Galdia
Publisher : Peter Lang
Page : 442 pages
File Size : 43,5 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.

Author : Professor Heikki E S Mattila
Publisher : Ashgate Publishing, Ltd.
Page : 815 pages
File Size : 40,8 Mb
Release : 2013-02-28
Category : Law
ISBN : 9781409471509

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Comparative Legal Linguistics by Professor Heikki E S Mattila Pdf

This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.

Author : Vijay Kumar Bhatia,Christopher Candlin,Paola Evangelisti Allori
Publisher : Peter Lang
Page : 358 pages
File Size : 45,7 Mb
Release : 2008
Category : Language Arts & Disciplines
ISBN : 3039114700

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Language, Culture and the Law by Vijay Kumar Bhatia,Christopher Candlin,Paola Evangelisti Allori Pdf

The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language and legal culture has had to adjust to legal concepts very different from those of the English law system. Many of the papers were inspired by two major projects on legal language and inter-multiculturality: Generic Integrity in Legislative Discourse in Multilingual and Multicultural Contexts based in Hong Kong and carried out by an international team and Interculturality in Domain-specific English, a national project supported by the Italian Ministry for Education and Research, involving research units from five Italian universities

Author : Anthony Ossa-Richardson
Publisher : Princeton University Press
Page : 488 pages
File Size : 51,9 Mb
Release : 2021-12-14
Category : Literary Criticism
ISBN : 9780691228440

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A History of Ambiguity by Anthony Ossa-Richardson Pdf

Ever since it was first published in 1930, William Empson’s Seven Types of Ambiguity has been perceived as a milestone in literary criticism—far from being an impediment to communication, ambiguity now seemed an index of poetic richness and expressive power. Little, however, has been written on the broader trajectory of Western thought about ambiguity before Empson; as a result, the nature of his innovation has been poorly understood. A History of Ambiguity remedies this omission. Starting with classical grammar and rhetoric, and moving on to moral theology, law, biblical exegesis, German philosophy, and literary criticism, Anthony Ossa-Richardson explores the many ways in which readers and theorists posited, denied, conceptualised, and argued over the existence of multiple meanings in texts between antiquity and the twentieth century. This process took on a variety of interconnected forms, from the Renaissance delight in the ‘elegance’ of ambiguities in Horace, through the extraordinary Catholic claim that Scripture could contain multiple literal—and not just allegorical—senses, to the theory of dramatic irony developed in the nineteenth century, a theory intertwined with discoveries of the double meanings in Greek tragedy. Such narratives are not merely of antiquarian interest: rather, they provide an insight into the foundations of modern criticism, revealing deep resonances between acts of interpretation in disparate eras and contexts. A History of Ambiguity lays bare the long tradition of efforts to liberate language, and even a poet’s intention, from the strictures of a single meaning.

Author : Prof. Dr. K. L. Bhatia
Publisher : Universal Law Publishing
Page : 560 pages
File Size : 53,9 Mb
Release : 2010
Category : Electronic
ISBN : 8175348941

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Textbook on Legal Language and Legal Writing by Prof. Dr. K. L. Bhatia Pdf

Author : Barbara Johnson
Publisher : JHU Press
Page : 174 pages
File Size : 54,9 Mb
Release : 1985-03
Category : Language Arts & Disciplines
ISBN : 0801827280

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The Critical Difference by Barbara Johnson Pdf

Barbara Johnson investigates the significant and illuminating ways in which both literature and criticism ate "critically different" from what they purport to be. Her subtle and provocative studies of Balzac, Mallarme, Baudelaire, Apollinaire, Melville, Poe, Bathes, Lacan, Austin, and Derrida take a refreshing new approach to the fundamental questions of meaning, interpretation, and the relationship between literature and criticism. In each of seven essays, a clear, precise, and detailed reading of the rhetoric of one of more literary or critical works reveals the text's fundamental discrepancies, ambuquities, and contradictions. If rhetoric is seen as language's capacity to differ from literal statement, and if "to differ" can also mean "to disagree," then the reading of the rhetoric of literature and theory here is an attempt to capture the logic of a text's own disagreement with itself.

Author : Robert R. Clewis
Publisher : Walter de Gruyter GmbH & Co KG
Page : 624 pages
File Size : 47,5 Mb
Release : 2015-09-14
Category : Philosophy
ISBN : 9783110345339

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Reading Kant's Lectures by Robert R. Clewis Pdf

This important collection of more than twenty original essays by prominent Kant scholars covers the multiple aspects of Kant’s teaching in relation to his published works. With the Academy edition’s continuing publication of Kant’s lectures, the role of his lecturing activity has been drawing more and more deserved attention. Several of Kant’s lectures on metaphysics, logic, ethics, anthropology, theology, and pedagogy have been translated into English, and important studies have appeared in many languages. But why study the lectures? When they are read in light of Kant’s published writings, the lectures offer a new perspective of Kant’s philosophical development, clarify points in the published texts, consider topics there unexamined, and depict the intellectual background in richer detail. And the lectures are often more accessible to readers than the published works. This book discusses all areas of Kant's lecturing activity. Some essays even analyze in detail the content of Kant's courses and the role of textbooks written by key authors such as Baumgarten, helping us understand Kant’s thought in its intellectual and historical contexts. Contributors: Huaping Lu-Adler; Henny Blomme ; Robert Clewis; Alix Cohen; Corey Dyck; Faustino Fabbianelli; Norbert Fischer; Courtney Fugate; Paul Guyer; Robert Louden; Antonio Moretto; Steve Naragon; Christian Onof; Stephen Palmquist; Riccardo Pozzo; Frederick Rauscher; Dennis Schulting; Oliver Sensen; Susan Shell; Werner Stark; John Zammito; Günter Zöller

Author : David Duarte,Pedro Moniz Lopes,Jorge Silva Sampaio
Publisher : Springer Nature
Page : 251 pages
File Size : 44,6 Mb
Release : 2019-09-25
Category : Law
ISBN : 9783030186715

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Legal Interpretation and Scientific Knowledge by David Duarte,Pedro Moniz Lopes,Jorge Silva Sampaio Pdf

This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Author : Kathryn D. Temple
Publisher : NYU Press
Page : 275 pages
File Size : 47,8 Mb
Release : 2019-06-25
Category : Law
ISBN : 9781479895274

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Loving Justice by Kathryn D. Temple Pdf

A history of legal emotions in William Blackstone’s England and their relationship to justice William Blackstone’s masterpiece, Commentaries on the Laws of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.

Author : Aron Zysow
Publisher : Lockwood Press
Page : 361 pages
File Size : 41,9 Mb
Release : 2014-06-23
Category : Religion
ISBN : 9781937040277

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The Economy of Certainty by Aron Zysow Pdf

Aron Zysow's 1984 Ph.D. dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the most fundamental assumptions of Islamic legal thought. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently consensus has only a reduced role, if any, in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types, that of Zahirism no less than that of Hanafism, was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author.

Author : Chinua Asuzu
Publisher : Partridge Africa
Page : 304 pages
File Size : 44,7 Mb
Release : 2016-05-04
Category : Education
ISBN : 9781482862256

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Judicial Writing by Chinua Asuzu Pdf

To validate their institutional continuance as a branch of government, writes Chinua Asuzu, judges must make sound decisions. They must also articulate and express those decisions efficiently and comprehensibly. This book shows how. This book will help judges, arbitrators, and other decision-writers master the art and science of judicial writing. A most welcome guide, Judicial Writing: A Benchmark for the Benchsets a high, yet attainable, standard of excellence for writing judicial decisions. It will no doubt become the reference point for judging judges and their judgments. Chinua Asuzu is that uncommon lawyer who wrote The Uncommon Law of Learned Writing. His other works includeAnatomy of a Brief andFair Hearing in Nigeria. A versatile arbitrator, Asuzu served as an administrative-law judge at the Tax Appeal Tribunal in Nigeria from 2010 to 2016.He is now the Senior Partner of Assizes Lawfirm, a team of tax lawyers.

Author : Kai Jacob,Dierk Schindler,Roger Strathausen
Publisher : Springer
Page : 454 pages
File Size : 44,6 Mb
Release : 2016-12-01
Category : Business & Economics
ISBN : 9783319458687

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Liquid Legal by Kai Jacob,Dierk Schindler,Roger Strathausen Pdf

This book compels the legal profession to question its current identity and to aspire to become a strategic partner for corporate executives, clients and stakeholders, transforming legal into a function that creates incremental value. It provides a uniquely broad range of forward-looking perspectives from several different key-players in the legal industry: in-house legal, law firms, LPO’s, legal tech, HR, associations and academia. This publication is a platform for leading legal professionals that offers a new perspective on the accelerating transformation in legal. Combining expert contributions with editorial insights, it argues that the new legal function will shift from a paradigm of security to one of opportunity; that future corporate lawyers will no longer primarily be negotiators, litigators and administrators, but that instead they will be coaches, arbiters and intrapreneurs; that legal knowledge and data-based services will become a commodity; and that analytics and measurement will be key drivers of the future of the profession. A must-read for all legal professionals, this book sets the course for revitalizing the profession.

Author : F. A. R. Bennion
Publisher : OUP Oxford
Page : 256 pages
File Size : 50,7 Mb
Release : 2001-10-18
Category : Law
ISBN : 9780191024481

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Understanding Common Law Legislation by F. A. R. Bennion Pdf

Many countries use and apply the common law. The common law world largely operates through statutes enacted by a country's democratic legislature. These statutes are drafted and interpreted according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. In this book, Francis Bennion distills forty years of his prolific writings on statute law and statutory interpretation to provide valuable guidance on statutory interpretation applicable to all common law jurisdictions.