Legal Pragmatics
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| Author | : Dennis Kurzon |
| Publisher | : John Benjamins Publishing Company |
| Total Pages | : 288 |
| Release | : 2018-04-15 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9027264074 |
The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.
| Author | : Francesca Poggi |
| Publisher | : Springer |
| Total Pages | : 480 |
| Release | : 2016-12-01 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 3319446010 |
This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?
| 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 | : Sol Azuelos-Atias |
| Publisher | : John Benjamins Publishing |
| Total Pages | : 193 |
| Release | : 2007-07-26 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9027292159 |
A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant’s intention. There can be no doubt that this subject is worthy of a thorough investigation. A person’s intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses’ testimonies. The defendant’s intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.
| Author | : Janet Giltrow |
| Publisher | : Walter de Gruyter GmbH & Co KG |
| Total Pages | : 384 |
| Release | : 2017-06-12 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 150150472X |
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 | : Alessandro Capone |
| Publisher | : Springer |
| Total Pages | : 278 |
| Release | : 2016-05-02 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 3319303856 |
This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?
| Author | : David Delaney |
| Publisher | : Routledge |
| Total Pages | : 218 |
| Release | : 2010-07-12 |
| Genre | : Law |
| ISBN | : 1136953027 |
Critical legal geography is practised by an increasing number of scholars in various disciplines, but it has not had the benefit of an overarching theoretical framework that might overcome its currently rather ad hoc character. The Spatial, the Legal and the Pragmatics of World-Making remedies this situation. Presenting a balanced convergence of contemporary socio-legal and critical geographic scholarship, David Delaney offers a ground-breaking contribution to the fast growing field of legal geography. Drawing on strands of critical social studies that inform both of these areas, this book has three primary components. First, it introduces a framework of interpretation and analysis centred on the productive neologisms ‘nomosphere’ and ‘nomoscapes’. Nomosphere refers to the cultural-material environs that are constituted by the reciprocal materialization of ‘the legal’ and the legal signification of the ‘socio-spatial'. Nomoscapes are the spatio-legal expression and the socio-material realization of ideologies, values, pervasive power orders and social projects. They are extensive ensembles of legal spaces within and through which lives are lived and, here, these neologisms are related to the more familiar notions of governmentality and performativity. Second, these neologisms are explored and applied through a series of illustrations and extensive case studies. Demonstrating their utility for scholars and students in relevant disciplines, these ‘empirical’ studies concern: the public and the private; property and land tenure; governance; the domestic and the international; and legal-spatial confinements and containments. Third, these studies contribute to an ongoing theorization of the experiential, situated pragmatics of ‘world-making'. The role of nomospheric projects and counter-projects, techniques and operations is therefore emphasized. Much of what is experientially significant about how the world is as it is and what it’s like to be in the world directly implicates the dynamic interplay of space, law, meaning and power. The Spatial, the Legal and the Pragmatics of World-Making provides the interpretive resources necessary for discerning and understanding the practices and projects involved in this interplay.
| Author | : Izabela Skoczeń |
| Publisher | : Springer |
| Total Pages | : 180 |
| Release | : 2019-06-14 |
| Genre | : Law |
| ISBN | : 3030125327 |
This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable (without substantial modification) to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making.
| Author | : Douglas Walton |
| Publisher | : Cambridge University Press |
| Total Pages | : 347 |
| Release | : 2021-01-21 |
| Genre | : Law |
| ISBN | : 1108429343 |
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
| Author | : Richard A. Posner |
| Publisher | : Harvard University Press |
| Total Pages | : 428 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 9780674042292 |
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.
