European Constitutional Language

European Constitutional Language
Author: András Jakab
Publisher: Cambridge University Press
Total Pages: 531
Release: 2016-04-15
Genre: Language Arts & Disciplines
ISBN: 1107130786

Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

The Language of Judges

The Language of Judges
Author: Lawrence M. Solan
Publisher: University of Chicago Press
Total Pages: 231
Release: 2010-08-15
Genre: Law
ISBN: 0226767892

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.

A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond

A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond
Author: Zakeera Docrat
Publisher: African Sun Media
Total Pages: 324
Release: 2021-06-02
Genre: Law
ISBN: 1991201273

A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond is an interdisciplinary publication located in the discipline of forensic linguistics/ language and law. This handbook includes varying comparative African and global case studies on the use of language(s) in courtroom discourse and higher education institutions: Kenya; Morocco; Nigeria; Australia; Belgium Canada and India. These African and global case studies form the backdrop for the critique of the monolingual English language of record policy for South African courts, the core of this handbook, discussed in relation to case law and the beleaguered legal interpretation profession. This handbook argues that linguistic transformation and decolonisation of South Africa’s legal and higher education systems needs to be undertaken where legal practitioners are linguistically equipped to litigate in a bilingual/ multilingual courtroom that enables access to justice for the majority of African language speaking litigants, enforcing their constitutional language rights.

Indirect Reports and Pragmatics in the World Languages

Indirect Reports and Pragmatics in the World Languages
Author: Alessandro Capone
Publisher: Springer
Total Pages: 452
Release: 2018-06-19
Genre: Language Arts & Disciplines
ISBN: 3319787713

This volume addresses the intriguing issue of indirect reports from an interdisciplinary perspective. The contributors include philosophers, theoretical linguists, socio-pragmaticians, and cognitive scientists. The book is divided into four sections following the provenance of the authors. Combining the voices from leading and emerging authors in the field, it offers a detailed picture of indirect reports in the world’s languages and their significance for theoretical linguistics. Building on the previous book on indirect reports in this series, this volume adds an empirical and cross-linguistic approach that covers an impressive range of languages, such as Cantonese, Japanese, Hebrew, Persian, Dutch, Spanish, Catalan, Armenian, Italian, English, Hungarian, German, Rumanian, and Basque.

A First Nations Voice in the Australian Constitution

A First Nations Voice in the Australian Constitution
Author: Shireen Morris
Publisher: Bloomsbury Publishing
Total Pages: 220
Release: 2020-08-06
Genre: Law
ISBN: 1509928936

This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. A First Nations voice is deeply in keeping with the culture, design and philosophy of Australia's federal Constitution, as well as the long history of Indigenous advocacy for greater empowerment and self-determination in their affairs. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.

Language in South Africa

Language in South Africa
Author: Rajend Mesthrie
Publisher: Cambridge University Press
Total Pages: 526
Release: 2002-10-17
Genre: Foreign Language Study
ISBN: 9780521791052

A wide-ranging guide to language and society in South Africa. The book surveys the most important language groupings in the region in terms of wider socio-historical processes; contact between the different language varieties; language and public policy issues associated with post-apartheid society and its eleven official languages.

Creole Language, Democracy, and the Illegible State in Cabo Verde

Creole Language, Democracy, and the Illegible State in Cabo Verde
Author: Abel Djassi Amado
Publisher: Rowman & Littlefield
Total Pages: 241
Release: 2023-07-10
Genre: Political Science
ISBN: 1666922684

This book argues that the state in Cabo Verde is illegible since its operations, procedures, and processes are carried out through Portuguese, a language that most of the people do not understand. Consequently, the illegible state produces grave political consequences in overall political participation and the quality of democracy.

Minority Language Promotion, Protection and Regulation

Minority Language Promotion, Protection and Regulation
Author: C. Williams
Publisher: Springer
Total Pages: 235
Release: 2013-10-30
Genre: Language Arts & Disciplines
ISBN: 1137000848

This is an analysis of the promises and contradictions surrounding contemporary minority language policy. It draws on theoretical and real-world perspectives and interviews with key players within European institutions together with field work undertaken principally in Ireland, Scotland, Wales, the Basque Country, Catalonia and Canada.

Peopling the Constitution

Peopling the Constitution
Author: John E. Finn
Publisher: University Press of Kansas
Total Pages: 368
Release: 2014-03-24
Genre: Political Science
ISBN: 0700619623

The U. S. Constitution begins with the soaring words “We the People,” but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This “Civic Constitution” constitutes us as a civic body politic, transforming “the people” into a singular political entity. Juxtaposing this view with the legal model, the “Juridic Constitution,” John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation. Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn’s telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn's book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution.