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Stylistics of legal discourse

Martin Solly

in The Stylistics of Professional Discourse

Published in print:
2015
Published Online:
September 2016
ISBN:
9780748691692
eISBN:
9781474418546
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748691692.003.0004
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter concentrates on stylistics in legal texts and contexts; since well-chosen language can determine the successive jurisprudence of a particular area of the law, the use of legal language ... More


Is Interpretation in International Law a Game?

Ingo Venzke

in Interpretation in International Law

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725749
eISBN:
9780191792731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725749.003.0017
Subject:
Law, Public International Law, Constitutional and Administrative Law

The present chapter combines the ubiquitous metaphor of the language of international law with the analogy between interpretation and the playing of games. It argues that interpretation might not be ... More


The Contribution of Linguistics to Legal Interpretation

Brian G. Slocum

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0001
Subject:
Law, Constitutional and Administrative Law

The main argument of this chapter is relatively simple. The content of a legal text is not solely an instance of linguistic meaning. Rather, legal concerns sometimes trump the linguistic meaning of ... More


Can Legal Practice Adjudicate Between Theories of Vagueness?

Hrafn Asgeirsson

in Vagueness and Law: Philosophical and Legal Perspectives

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198782889
eISBN:
9780191826108
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198782889.003.0005
Subject:
Law, Philosophy of Law

Scott Soames has argued that the fact that lawmakers and other legal practitioners regard vagueness as having a valuable power-delegating function gives us reason to favour one theory of vagueness ... More


The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Brian G. Slocum (ed.)

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.001.0001
Subject:
Law, Constitutional and Administrative Law

Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless — we are all experts on our native tongues. Despite this, ... More


Introduction: Translating Law and Social Science

William K. Ford and Elizabeth Mertz

in Translating the Social World for Law: Linguistic Tools for a New Legal Realism

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199990559
eISBN:
9780190267407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199990559.003.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

In their introductory essay, Ford and Mertz survey the articles in the volume and summarize some overarching themes that emerge from the group as a whole. To begin with, the authors of these articles ... More


Justice Scalia: Rhetoric and the Rule of Law

Brian G. Slocum and Francis J. Mootz III (eds)

Published in print:
2019
Published Online:
September 2019
ISBN:
9780226601656
eISBN:
9780226601793
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226601793.001.0001
Subject:
Law, Constitutional and Administrative Law

Justice Scalia: Rhetoric and the Rule of Law offers a novel collection of interrelated and interdisciplinary essays by a diverse and impressive group of scholars that discuss the rhetoric of the late ... More


The Language of Violence at Court

Fielding NigelG

in Courting Violence: Offences Against the Person Cases in Court

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199279357
eISBN:
9780191700057
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199279357.003.0004
Subject:
Law, Criminal Law and Criminology

Because language is an essential tool for the expression of ideas, language is able to shape thought. The language of law – the methods of discursive action that courts utilize in understanding, ... More


“Can you get there from here?” Translating Law and Social Science

Elizabeth Mertz

in Translating the Social World for Law: Linguistic Tools for a New Legal Realism

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199990559
eISBN:
9780190267407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199990559.003.0009
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This article analyzes two sets of interactions between legal and linguistic scholars, using these encounters to demonstrate systematic ways in which law resists translations from other disciplines. ... More


Deferentialism and Adjudication

Gideon Rosen

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0010
Subject:
Law, Constitutional and Administrative Law

The author argues that Deferentialism offers a distinctive form of judicial restraint. In normal adjudication, the deferentialist judge seeks to apply the law made by the legislature, the content of ... More


Introduction

Brian G. Slocum

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter is an overview of the book. The arrangement of the chapters in this book represent various points on the spectrum of interdisciplinary contributions to legal interpretation, with perhaps ... More


Vagueness and Law: Philosophical and Legal Perspectives

Geert Keil and Ralf Poscher (eds)

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198782889
eISBN:
9780191826108
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198782889.001.0001
Subject:
Law, Philosophy of Law

Vague expressions are omnipresent in natural language. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. This places the law at odds with ... More


Taking the Offensive: Language Culture and Policy under Putin

Michael S. Gorham

in After Newspeak: Language Culture and Politics in Russia from Gorbachev to Putin

Published in print:
2014
Published Online:
August 2016
ISBN:
9780801452628
eISBN:
9780801470578
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801452628.003.0006
Subject:
Political Science, Russian Politics

This chapter demonstrates that political initiatives to legislate language laws and allocate federal funding toward promoting language literacy produce limited results. Far more consequential for the ... More


Legal Speech and the Elements of Adjudication

Nicholas Allott and Benjamin Shaer

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0008
Subject:
Law, Constitutional and Administrative Law

In this chapter, the authors seek to show that legal speech is best seen not as a radically distinct verbal phenomenon but rather as one variety of verbal interaction, albeit with various distinctive ... More


Deferentialism, Living Originalism, and the Constitution

Scott Soames

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0009
Subject:
Law, Constitutional and Administrative Law

In this chapter, the author compares two recent versions of originalism – his own, which he calls “Deferentialism” and Jack Balkin’s Living Originalism. After beginning with a brief summary of the ... More


Speak English or What?: Codeswitching and Interpreter Use in New York City Courts

Philipp Sebastian Angermeyer

Published in print:
2015
Published Online:
March 2015
ISBN:
9780199337569
eISBN:
9780190235741
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199337569.001.0001
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This book presents a study of interpreter-mediated interaction in New York City small claims courts, drawing on audiorecorded arbitration hearings and ethnographic fieldwork. Focusing on the language ... More


Comments on Rosen

Scott Soames

in The Nature of Legal Interpretation: What Jurists Can Learn about Legal Interpretation from Linguistics and Philosophy

Published in print:
2017
Published Online:
January 2018
ISBN:
9780226445021
eISBN:
9780226445168
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226445168.003.0011
Subject:
Law, Constitutional and Administrative Law

In this chapter, the author makes some remarks on Gideon Rosen’s paper, “Deferentialism and Adjudication,” which raises issues useful for precisifying Deferentialism. Of course, Deferentialism tells ... More


Meaning, governance, and the ‘colours of words’

Lynda Mugglestone

in Samuel Johnson and the Journey into Words

Published in print:
2015
Published Online:
September 2015
ISBN:
9780199679904
eISBN:
9780191760099
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199679904.003.0005
Subject:
Linguistics, English Language, Lexicography

This chapter explores other aspects of intended control in the state of language, looking at the tensions which emerge between the expected edicts of the dictionary-maker and the ‘common law’ of ... More


Translating Token Instances of “This” into Type Patterns of “That”: The Discursive and Multimodal Translation of Evidence into Precedent

Gregory Matoesian

in Translating the Social World for Law: Linguistic Tools for a New Legal Realism

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199990559
eISBN:
9780190267407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199990559.003.0003
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

When making a decision, courts in the United States and other common law countries draw upon previously established rules and principles—upon precedent—that deal with similar issues, facts, and ... More


The Secret of Literary Silence

Kalpana Rahita Seshadri

in HumAnimal: Race, Law, Language

Published in print:
2012
Published Online:
August 2015
ISBN:
9780816677887
eISBN:
9781452948249
Item type:
chapter
Publisher:
University of Minnesota Press
DOI:
10.5749/minnesota/9780816677887.003.0003
Subject:
Philosophy, General

This chapter explores the domain of literature and the role of silence as the limit that defines the literary, addressing the limit that concerns the language of law. It focuses on the theorized ... More


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