Rethinking Law and Language

Rethinking the “law-and-language” theme is complex. The “lawand-language” relation is generally regarded as a matter of law, whereas the “language-and-law” theme is mainly understood as a matter of language. The order of words appears ...

Author: Jan M. Broekman

Publisher: Edward Elgar Publishing

ISBN: 9781788976626

Category: LAW

Page: 352

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The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life.
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Language and Culture in EU Law

Even though EU law must be translated into the languages of the Member States, EU legislation does not derive its meaning from national law, but from EU law. EU law is defined in the case law of the CJEU as an autonomous legal system ...

Author: Susan Šarčević

Publisher: Routledge

ISBN: 9781317108009

Category: Political Science

Page: 264

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Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.
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Language and Legal Interpretation in International Law

McAuliffe, Karen, 'Precedent at the Court of Justice of the European Union: The Linguistic Aspect', in Michael Freeman and Fiona Smith, eds., Law and Language: Current Legal Issues (Oxford, 2013), 483–92. Melinkoff, David, The Language ...

Author: Anne Lise Kjaer

Publisher: Oxford University Press

ISBN: 9780190855208

Category: Language Arts & Disciplines

Page: 361

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Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
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The Language of the Law

CHAPTER I An Expanded Definition of the Language of the Law 1. What it includes The language of the law , as described in this book , is the customary language used by lawyers in those common law jurisdictions where English is the ...

Author: David Mellinkoff

Publisher: Wipf and Stock Publishers

ISBN: 9781725210806

Category: Social Science

Page: 540

View: 871

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This is that rare book which both informs and entertains. It is scholarly and sprightly - an unusual combination for any book, let alone one treating of the law. Lawyers and laymen alike can read it with profit and amusement. I hope many do, for it deserves a wide audience. The Honorable Arthur J. Goldberg (1908-1990), United States Supreme Court, The New York Herald Tribune A superb piece of writing, lucid, witty, meticulous in scholarship and unfailingly interesting. Robert R. Kirsch, Los Angeles Times We now have a full-scale study of our legal language that is written with an extraordinary awareness for vacuous words and phrases and an astounding amount of research into their history and usage.... This book has a practical value to every lawyer who drafts a document, a pleading, or even a letter. It is a great plea to bring the law up to date by awakening us to the empty verbalisms in which we think we are housing our thoughts.... It is a rare book that has value for all lawyers, despite the tendency of publishers and reviewers to make this claim with great frequency. Here, however, is a rarity. No lawyer could fail to learn many facts of surprising interest. But beyond this, 'The Language of the Law' presents a subtle challenge to the American Bar, a stimulus to improve our work and our profession by sharpening the product of our minds. If we meet this challenge head-on, we can perform a far more fundamental and genuine service to our clients, the public, and to ourselves than any other area of improvement, including court reform, can possibly offer. Ray D. Henson, American Bar Association Journal It should be compulsory reading for lawyers and judges; for a layman it is learning and entertainment of high order. The Honorable Matthew O. Tobriner (d. 1982), Associate Justice, Supreme Court of California, San Francisco Chronicle ...[B]rilliant and discursive treatise, concisely and urbanely presented,...a remarkable stimulus, recommended highly to the general reader as well as the wordy professional. Hugo Sonnenschein, Jr., Chicago Daily News
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The Oxford Handbook of Language and Law

Sanford Schane is a Research Professor of Linguistics at the University of California, San Diego, where he continues to offer each year an undergraduate course, “Law and Language”. He has worked with attorneys as a consultant and expert ...

Author: Peter M. Tiersma

Publisher: OUP Oxford

ISBN: 9780191638107

Category: Language Arts & Disciplines

Page: 664

View: 132

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This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal language, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopaedic in scope, the handbook includes chapters written by experts from every contentint who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.
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Law Language and the Multilingual State

Russia could not because its pre-revolution law was feudal. The one African exception is Afrikaans, one of three major languages that developed during the 20th Century. Afrikaans was able to create a legal language of its own because of ...

Author: Claudine Brohy

Publisher: UJ Press

ISBN: 9781920382223

Category: Language Arts & Disciplines

Page: 359

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The theme of the conference, “Language, Law and the Multilingual State”, was determined to investigate the state-juridical challenges facing multilingual societies. Several related issues were addressed, such as minority and indigenous languages, globalisation and diversity, language rights, language ideology and language legislation.
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Language Culture and the Law

The Science of Law and the Analysis of Language . In Pintore , Anna / Jori Mario ( eds ) Law and Language . The Italian Analytical School . Liverpool : Deborah Charles Publications . 25-50 . Bouglak , Valentina 2001.

Author: Vijay Kumar Bhatia

Publisher: Peter Lang

ISBN: 3039114700

Category: Law

Page: 342

View: 892

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The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language and legal culture has had to adjust to legal concepts very different from those of the English law system. Many of the papers were inspired by two major projects on legal language and inter-multiculturality: Generic Integrity in Legislative Discourse in Multilingual and Multicultural Contexts based in Hong Kong and carried out by an international team and Interculturality in Domain-specific English, a national project supported by the Italian Ministry for Education and Research, involving research units from five Italian universities.
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Language Rights and the Law in the United States

Instead , it used a multitude of arguments as to why relying on international law would not be appropriate.40 LANGUAGE RIGHTS WITHIN INTERNATIONAL LAW International human rights documents contain a variety of statements from which ...

Author: Sandra Del Valle

Publisher: Multilingual Matters

ISBN: 1853596582

Category: Language Arts & Disciplines

Page: 382

View: 407

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A comprehensive review of the legal status of minority languages in the USA. It also provides the historical and political context for the legal manoeuvring that culminated in landmark civil rights victories. All of the major cases in the USA concerning language rights are discussed in detail and in a manner that should be easily accessible to the non-legal audience. The topics range from the English-only movement to consumer law, and from employment discrimination to international law.
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Speaking of Language and Law

The terms “legal language” and “the language of the law” have served as titles for books by Peter Tiersma and David Mellinkoff, respectively. In scholarly arenas they are the terms favored over “legalese,” a term with a disparaging ...

Author: Peter Meijes Tiersma

Publisher: Oxford Studies in Language and

ISBN: 9780199334186

Category: Language Arts & Disciplines

Page: 306

View: 864

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Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.
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Language and the Law

The official languages of the Republic of South Africa are Sepedi, Sesotho, Setswana, siSwati, Tshivenda, ... Language plays a role in different areas of the law; and even in criminal law, every accused person has the right to a fair ...

Author: Monwabisi K. Ralarala

Publisher: African Sun Media

ISBN: 9781991201836

Category: Language Arts & Disciplines

Page: 458

View: 885

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Language and the Law: Global Perspectives in Forensic Linguistics from Africa and beyond is the third volume in a series of books designed to contribute and respond to growing interest in forensic linguistics or language and the law on the African continent. Drawing mostly on contexts where traditional African laws and Western laws are practised side-by-side, and where there are discontinuities between local knowledge systems, belief systems and language practices on the one hand, and official languages of law discourse, conceptualisation and jurisprudence documentation on the other, the chapters in this volume problematise, among other issues, the mediation practices (or lack thereof) of language and legal processes, discourse strategies and complexities in (mis)interpretations in second language court contexts and the miscarriage of justice that these may entail.
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