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Author: Lawrence M. Solan Publisher: University of Chicago Press ISBN: 0226767892 Category : Law Languages : en Pages : 231
Book Description
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 ISBN: 0226767892 Category : Law Languages : en Pages : 231
Book Description
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 ISBN: 9780226767901 Category : Law Languages : en Pages : 225
Book Description
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: Matthew Williams Publisher: Springer Nature ISBN: 303091495X Category : Political Science Languages : en Pages : 418
Book Description
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: Robert H. O'Connell Publisher: BRILL ISBN: 9004275878 Category : Religion Languages : en Pages : 567
Book Description
This volume describes how the rhetorical devices used in Judges inspire its readers to support a divinely appointed Judahite king who endorses the deuteronomic agenda to rid the land of foreigners, to maintain inter-tribal loyalty to YHWH's cult, and to uphold social justice. Matters of rhetorical concern interpreted here include the superimposed cycle-motif and tribal-political schemata, concerns reflected in the plot-layers of each hero story, the force of narrative analogy for characterization, the strategy of entrapment which foreshadows portrayals of Saul and David in 1 Samuel, and the relation between Judges' implied situation of composition and its compiler's intention. In addition to offering new insights into the rhetorical strategy of the Judges compiler, this book illustrates a new method for understanding how plot-layered stories work.
Author: Amit Publisher: BRILL ISBN: 9004497986 Category : Religion Languages : en Pages : 446
Book Description
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: Stanislaw Gozdz Roszkowski Publisher: Routledge ISBN: 100048386X Category : Language Arts & Disciplines Languages : en Pages : 247
Book Description
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 Urmston Philips Publisher: Oxford University Press, USA ISBN: 0195113403 Category : Judges Languages : en Pages : 224
Book Description
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: Susan U. Philips Publisher: Oxford University Press ISBN: 0195354427 Category : Language Arts & Disciplines Languages : en Pages : 224
Book Description
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: Benjamin H. Barton Publisher: Cambridge University Press ISBN: 1139495585 Category : Law Languages : en Pages : 313
Book Description
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Author: Lawrence Solan Publisher: University of Chicago Press ISBN: 0226767965 Category : Language Arts & Disciplines Languages : en Pages : 300
Book Description
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: Lawrence M. Solan
Author: Lawrence M. Solan
Author: Lawrence M. Solan
Author: Matthew Williams
Author: Robert H. O'Connell
Author: Amit
Author: Stanislaw Gozdz Roszkowski
Author: Susan Urmston Philips
Author: Susan U. Philips
Author: Benjamin H. Barton
Author: Lawrence Solan