Lawyers Making Meaning
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| Author | : Jan M. Broekman |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 257 |
| Release | : 2014-07-08 |
| Genre | : Law |
| ISBN | : 9400754582 |
This book present a structure for understanding and exploring the semiotic character of law and law systems. Cultivating a deep understanding for the ways in which lawyers make meaning—the way in which they help make the world and are made, in turn by the world they create —can provide a basis for consciously engaging in the work of the law and in the production of meaning. The book first introduces the reader to the idea of semiotics in general and legal semiotics in particular, as well as to the major actors and shapers of the field, and to the heart of the matter: signs. The second part studies the development of the strains of thinking that together now define semiotics, with attention being paid to the pragmatics, psychology and language of legal semiotics. A third part examines the link between legal theory and semiotics, the practice of law, the critical legal studies movement in the USA, the semiotics of politics and structuralism. The last part of the book ties the different strands of legal semiotics together, and closely looks at semiotics in the lawyer’s toolkit—such as: text, name and meaning.
| Author | : Michael Hanne |
| Publisher | : Cambridge University Press |
| Total Pages | : 439 |
| Release | : 2018-02-08 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 1108422799 |
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Leslie C. Levin |
| Publisher | : University of Chicago Press |
| Total Pages | : 401 |
| Release | : 2012-03-30 |
| Genre | : Law |
| ISBN | : 0226475158 |
How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.
| Author | : Steven Keeva |
| Publisher | : McGraw-Hill Companies |
| Total Pages | : 0 |
| Release | : 1999 |
| Genre | : Lawyers |
| ISBN | : 9780809225088 |
From law school to the law firm, lawyers are taught and encouraged to win, with little regard to the emotional consequences. After years of being obsessed with winning, racking up billable hours, and fishing for clients, many lawyers lose sight of why they initially joined the ranks of the legal profession. This landmark book explains how to reconnect with the spiritual side of law practice. It presents profiles of firms and lawyers who have transformed their practices from heartless and cold professional endeavors into kinder, gentler operations, with more emphasis on the clients'--and their own--emotional and spiritual needs.
| Author | : Janet Giltrow |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 359 |
| Release | : 2017-06-12 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 1501504681 |
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
| Author | : Frank Fleerackers |
| Publisher | : Springer Nature |
| Total Pages | : 212 |
| Release | : 2023-09-02 |
| Genre | : Law |
| ISBN | : 3031268555 |
Edmund Husserl’s ideas, informed by Kant’s Critiques, constituted a point of departure when rereading philosophical problems of subject and subjectivity. In his “Phänomenologie und Egologie” (1961/63), Jan Broekman revealed how Husserl analysed the “Split Ego” notion in Kant’s vision, which became fundamental for his phenomenology. The form and function of subjectivity were likewise positioned in psychiatry and literature, as well as in aesthetics, as Jan Broekman’s texts on ‘cubism’ demonstrated. Problems of ‘language’ unfolded in studies on topics ranging from the texts of Ezra Pound to the dialogic insights of Martin Buber, all of which were involved in the development of semiotics. Two themes accompanied these insights: the notion and later Parisian mainstream called structuralism, and the urgent need to arrive at deeper insights into the links between Marxism and phenomenology. Central language concepts also played a part: as early as 1986, Jan Broekman published on ‘semiology and medical discourse’, and in 1992 on ‘neurosemiotics’, before addressing the link between speech act and (legal as well as social) freedom in 1993. In all these works, the subject and the atmosphere of subjectivity were essential aspects. In addition to his writing, Jan Broekman gave courses on current philosophical issues, law and medicine until retiring in 1996, and in his “Intertwinements of Law and Medicine” revisited subjectivity aspects, while also offering a synthetic view.In this Festschrift in honour of Jan Broekman, the contributions address the analogue/digital dichotomy in semiotics, the multicultural self in language and semiotics, semiology and legal discourse, the legal subject and the atmosphere of subjectivity, intertwinements of law and medicine, the semiotics of law in legal education, signs in law and legal discourse, making meaning in law, and legal speech acts.
| Author | : Jan M. Broekman |
| Publisher | : Springer |
| Total Pages | : 296 |
| Release | : 2016-02-29 |
| Genre | : Law |
| ISBN | : 3319281755 |
This book examines the concept of meaning and our general understanding of reality in a legal and philosophical context. Starting from the premise that meaning is a matter of linguistic and other forms of articulation, it considers the inherent philosophical consequences. Part I presents Klages’, Derrida’s, Von Hofmannsthal’s and Wittgenstein’s explorations of silence as a source of articulation and meaning. Debates about 20th century psychologism gave the attitude concept a pivotal role; it illustrates the importance of the discovery that a word is globally qualified as ‘the basic unit of language’. This is mirrored in the fact that we understand reality as a matter of particles and thus interpret the real as a component of an all-embracing ‘particle story’. Each chapter of the book focuses on an aspect of legal semiotics related to the chapter’s theme: for instance on the meaning of a Judge’s ‘Saying for Law’, on law students training in varying attitudes or on the ties between law and language. Part II of the book illustrates our general understanding of reality as a matter of particles and partitioning, and examines texts that prove that particle thinking is basic for our meaning concept. It shows that physics, quantum theory, holism, and modern brain research focusing on human linguistic capabilities, confirm their ties to the particle story. In contrast, the book concludes that partitions and particles are neither a fact in the history of the cosmos nor a determinant of knowledge and the sciences, and that meaning is a process: a constellation rather than a fixation. This is manifest once one understands meaning as the result of continuously changing attitudes, which create our narratives on cosmos and creation. The book proposes a new key for meaning: a linguistic occurrence anchored in dimensions of human narrativity.
| Author | : Anne Wagner |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 259 |
| Release | : 2010-09-24 |
| Genre | : Law |
| ISBN | : 9048193435 |
This book examines the progress to date in the many facets – conceptual, epistemological and methodological - of the field of legal semiotics. It reflects the fulfilment of the promise of legal semiotics when used to explore the law, its processes and interpretation. This study in Legal Semiotics brings together the theory, structure and practise of legal semiotics in an accessible style. The book introduces the concepts of legal semiotics and offers an insight in contemporary and future directions which the semiotics of law is going to take. A theoretical and practical oriented synthesis of the historical, contemporary and most recent ideas pertaining to legal semiotics, the book will be of interest to scholars and researchers in law and social sciences , as well as those who are interested in the interdisciplinary dynamics of law and semiotics.
| Author | : Günther Doeker-Mach |
| Publisher | : Franz Steiner Verlag |
| Total Pages | : 538 |
| Release | : 2004 |
| Genre | : Philosophy |
| ISBN | : 9783515083171 |
This is a collection of essays on general and specific topics of comparative private and comparative public law by distinguished legal scholars from every part of the world in honour to the work of Alice Ehr-Soon Tay. The essays demonstrate the changing approach to common law in legal culture and present a body of texts on comparative law problems arching from Asia to Europe to Australia. The volume furthermore indicates that there is no area where comparative law has proved more dominant and useful than in regard to human rights and comparative constitutional analysis. Finally, this book is an outstanding cross-cultural contribution to comparative private law and comparative constitutional law in terms of understanding legal culture and law. It will be invaluable to all those who practise, teach or judge law. Articles by Kim Santow, Saul Fridman, W. M. C. Gummow, J. A. Jolowicz, Hiroshi Matsuo, Ivan Shearer, Christopher Birch, Tom Campbell, Roland Drago, Jennifer Hill, Michael Kirby, Karin Lemercier, Aleksander Peczenik, Robert S. Summers, Albert H.Y. Chen, Jianfu Chen, Edward McWhinney, Eric Smithburn, Klaus A. Ziegert, Margaret Allars, Han Depei, Guenther Doeker-Mach, Hoang Van Hao, Tommy Koh, Adam Lopatka, Gabriel A. Moens, Cao Duc Thai, Wang Gungwu, Peter Wesley-Smith, Murray Gleeson, Julia Horne List of Publications of Alice Erh-Soon-Tay .
