The Language Of Judges

Author : Lawrence M. Solan
Publisher : University of Chicago Press
Page : 231 pages
File Size : 55,9 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 : Lawrence M. Solan
Publisher : University of Chicago Press
Page : 225 pages
File Size : 48,6 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 : Stanislaw Gozdz Roszkowski,Gianluca Pontrandolfo
Publisher : Routledge
Page : 247 pages
File Size : 52,8 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 : Susan U. Philips
Publisher : Oxford University Press
Page : 224 pages
File Size : 55,9 Mb
Release : 1998-04-16
Category : Language Arts & Disciplines
ISBN : 9780195354423

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Ideology in the Language of Judges by Susan U. Philips Pdf

A study that will appeal to any reader interested in the relationship between our language and our laws, Ideology in the Language of Judges focuses on the way judges take guilty pleas from criminal defendants and on the judges' views of their own courtroom behavior. This book argues that variation in the discourse structure of the guilty pleas can best be understood as enactments of the judges' differing interpretations of due process law and the proper role of the judge in the courtroom. Susan Philips demonstrates how legal and professional ideologies are expressed differently in interviews and socially occurring speech, and reveals how bounded written and spoken genres of legal discourse play a role in containing and ordering ideological diversity in language use. She also shows how the ideological struggles in a given courtroom are central yet largely hidden or denied. Such findings will contribute significantly to the study of how speakers create realities through their use of language.

Author : Matthew Williams
Publisher : Springer Nature
Page : 418 pages
File Size : 42,5 Mb
Release : 2022-01-17
Category : Political Science
ISBN : 9783030914950

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Judges and the Language of Law by Matthew Williams Pdf

This book looks at how the language of the law has changed over time, and how this has empowered judges. In particular it looks at how this has empowered judges to rule against governments.

Author : Susan Urmston Philips
Publisher : Oxford University Press, USA
Page : 224 pages
File Size : 41,7 Mb
Release : 1998
Category : Judges
ISBN : 9780195113402

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Ideology in the Language of Judges by Susan Urmston Philips Pdf

Studying the language of judges in courtrooms, the author of this text demonstrates that they are not impartial arbiters of due process, but are influenced by their own politico-ideological stance and interpretation of the law.

Author : Judith N. Levi,Anne Graffam Walker
Publisher : Springer Science & Business Media
Page : 390 pages
File Size : 55,7 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 : Susan Urmston Philips
Publisher : Unknown
Page : 0 pages
File Size : 41,5 Mb
Release : 2023
Category : Judges
ISBN : 0197721729

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Ideology in the Language of Judges by Susan Urmston Philips Pdf

Author : Amit
Publisher : BRILL
Page : 446 pages
File Size : 46,9 Mb
Release : 2021-11-15
Category : Religion
ISBN : 9789004497986

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The Book of Judges: The Art of Editing by Amit Pdf

Using a combination of literary theory and the tools of biblical criticism, this original and thought-provoking study investigates the book of Judges as an example of the art of editing in the Hebrew Bible. Judges is shown to have been composed in its parts, and as a whole, according to particular integrative principles. The study not only sheds new light on the redaction of Judges, but opens a new window on biblical historiography as a whole. Responding to calls in the scholarly literature for its translation from Hebrew, this publication makes Amit's fine study available to a wider audience.

Author : Lawrence M. Solan,Peter M. Tiersma
Publisher : University of Chicago Press
Page : 300 pages
File Size : 48,8 Mb
Release : 2010-08-15
Category : Law
ISBN : 9780226767871

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Speaking of Crime by Lawrence M. Solan,Peter M. Tiersma Pdf

Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter? Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved. With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.

Author : Lawrence Solan
Publisher : University of Chicago Press
Page : 300 pages
File Size : 40,6 Mb
Release : 2010-12
Category : Language Arts & Disciplines
ISBN : 9780226767963

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The Language of Statutes by Lawrence Solan Pdf

We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.

Author : Peter M. Tiersma
Publisher : University of Chicago Press
Page : 330 pages
File Size : 54,7 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.

Author : Andrew Goodman
Publisher : Emis Professional Pub
Page : 234 pages
File Size : 40,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 1858113660

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Reading, Writing and Analysing Judgments by Andrew Goodman Pdf

This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: . The nature of judgment . How to read a judgment . The use of language in judicial opinion . Argument and legal logic . Fair criticism . Writing judgments . How judges decide . The appellate judgment . Problems with law reporting . Judicial style It will assist vocational and research students alike - as well as fascinate those interested more general in the law and judicial process.

Author : John M. Conley,William M. O'Barr,Robin Conley Riner
Publisher : University of Chicago Press
Page : 262 pages
File Size : 49,7 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 : Cass R. Sunstein,David Schkade,Lisa M. Ellman,Andres Sawicki
Publisher : Rowman & Littlefield
Page : 204 pages
File Size : 48,5 Mb
Release : 2007-02-01
Category : Political Science
ISBN : 0815782357

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Are Judges Political? by Cass R. Sunstein,David Schkade,Lisa M. Ellman,Andres Sawicki Pdf

Over the past two decades, the United States has seen an intense debate about the composition of the federal judiciary. Are judges "activists"? Should they stop "legislating from the bench"? Are they abusing their authority? Or are they protecting fundamental rights, in a way that is indispensable in a free society? Are Judges Political? cuts through the noise by looking at what judges actually do. Drawing on a unique data set consisting of thousands of judicial votes, Cass Sunstein and his colleagues analyze the influence of ideology on judicial voting, principally in the courts of appeal. They focus on two questions: Do judges appointed by Republican Presidents vote differently from Democratic appointees in ideologically contested cases? And do judges vote differently depending on the ideological leanings of the other judges hearing the same case? After examining votes on a broad range of issues--including abortion, affirmative action, and capital punishment--the authors do more than just confirm that Democratic and Republican appointees often vote in different ways. They inject precision into an all-too-often impressionistic debate by quantifying this effect and analyzing the conditions under which it holds. This approach sometimes generates surprising results: under certain conditions, for example, Democrat-appointed judges turn out to have more conservative voting patterns than Republican appointees. As a general rule, ideology should not and does not affect legal judgments. Frequently, the law is clear and judges simply implement it, whatever their political commitments. But what happens when the law is unclear? Are Judges Political? addresses this vital question.