Language as a medium of legal norms
Author | : Lutz Edzard |
Publisher | : Duncker & Humblot |
Total Pages | : 264 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9783428493074 |
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Author | : Lutz Edzard |
Publisher | : Duncker & Humblot |
Total Pages | : 264 |
Release | : 1998 |
Genre | : Law |
ISBN | : 9783428493074 |
Author | : Lutz Edzard |
Publisher | : |
Total Pages | : 259 |
Release | : 1998-01-01 |
Genre | : Arab countries |
ISBN | : 9783428093076 |
This study aims at investigating the important role that language plays as a medium of legal norms and cultural values as surfacing in documents in the United Nations system. The author focuses on diplomatic documents (bi- and multilateral treaties and correspondence) that simultaneously have official status ("authenticity") both in Arabic and in other languages. The investigation of the role of language as a window onto culture and religious background is especially relevant in the case of Arabic due to the interference of religion with law in most Islamic societies. More specifically, problems will be pinpointed in the realms of personal statute law, the legal status of women, the laws of marriage, divorce, inheritance, freedom of opinion and religion, and penal law. At the heart of this study Edzard applies Speech Act Theory to the analysis of the nature and consequences of textual differences between versions of one and the same document in several languages.
Author | : Alfred Phillips |
Publisher | : Routledge |
Total Pages | : 199 |
Release | : 2003-08-29 |
Genre | : Language Arts & Disciplines |
ISBN | : 1135788367 |
An interesting examination of law as language use or discourse, this study looks at the transformation of ordinary language into a special discourse for the purposes of the legal system. It is widely accepted that legal discourse is obscure, and often the public resent the fact that access to the law of the land is obstructed by the opaqueness of legal language. This book argues that the development and maintenance of law's special language can be justified. The myth that law can be written in either plain' or ordinary' language is exploded, and the linguistic obscurity of law is traced to its necessary complexity. The notion of representation is applied to the relation that exists between legal language and ordinary language.
Author | : Andrei Marmor |
Publisher | : Princeton University Press |
Total Pages | : 201 |
Release | : 2009-07-06 |
Genre | : Philosophy |
ISBN | : 1400831652 |
Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct.
Author | : Friedemann Vogel |
Publisher | : Duncker & Humblot |
Total Pages | : 385 |
Release | : 2019-07-31 |
Genre | : Law |
ISBN | : 342855423X |
The world of law has changed in the last decades: it has become more globalized, multilingual and digital. The sections and contributions of this volume continue the interdisciplinary discussion about the challenges of this change for theory and practice of law and for the International Language and Law Association (ILLA) relaunched in 2017. First, the book gives a broad overview to the research field of legal linguistics, its history, research directions and open questions in different parts of the world (United States, Africa, Italy, Spain, Germany, Nordic countries and Russia). The second section consists of contributions about the relation of language, law and justice in a globalized world with a focus on multilingual and supranational law in the EU. The third section focuses on digitalization and mediatization of the law, the last section reports about the discussion at the ILLA relaunch conference in 2017.
Author | : John M. Conley |
Publisher | : University of Chicago Press |
Total Pages | : 262 |
Release | : 2019-05-10 |
Genre | : Law |
ISBN | : 022648453X |
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 | : Deborah Cao |
Publisher | : Lexington Books |
Total Pages | : 215 |
Release | : 2017-11-01 |
Genre | : Law |
ISBN | : 1498503969 |
The book explores some of the intricacies, dilemmas, and idiosyncrasies of the Chinese language used in the legal context, analyzing linguistic matters in both monolingual Chinese context and cross-linguistically when Chinese and English are compared. It investigates the linguistic and cultural landscape through an examination of a number of keywords and linguistic usage associated with Chinese law. It is suggested that to understand Chinese society and law, we need to understand the rich and idiosyncratic Chinese language and cultural traditions and the legal and political context and subtext, and also to be cognizant of the tension and interaction between legal norms and cultural and linguistic values in their legal realization in the changing Chinese society. The book is a collection of the author’s interpretation of Chinese law from a linguistic and cultural perspective, both as a user and interpreter of this ancient and changing language.
Author | : Michael Freeman |
Publisher | : OUP Oxford |
Total Pages | : 3502 |
Release | : 2013-02-21 |
Genre | : Law |
ISBN | : 019165468X |
Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Language, the fifteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between language and the law. The issues examined in this book range from problems of interpretation and beyond this to the difficulties of legal translation, and further to non-verbal expression in a chapter tracing the use of sign language at the Old Bailey; it examines the role of language and the law in a variety of literary works, including Hamlet; and considers the interrelation between language and the law in a variety of contexts, including criminal law, contract law, family law, human rights law, and EU law.
Author | : Mark Van Hoecke |
Publisher | : Bloomsbury Publishing |
Total Pages | : 234 |
Release | : 2002-10-23 |
Genre | : Law |
ISBN | : 1847311253 |
Human interaction and communication are not only regulated by law,but such communication plays an increasing role in the making and legitimation of law, involving various kinds of participants in the communication process. The precise nature of these communications depends on the legal actors involved -- for instance legislators, judges, legal scholars, and the media -- and on the situations where they arise – for instance at the national and supra-national level and within or between State law and non-State law. The author argues that our conception of legal system, of democracy, of the legitimation of law and of the respective role of judges, legislators and legal scholars should be based on a pluralist and communicative approach, rather than on a monolithic and hierarchical one. This book analyses the main problems of jurisprudence from such a communicative perspective