Language In The Judicial Process
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Language In The Judicial Process
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Author : Judith N. Levi
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-11
Language In The Judicial Process written by Judith N. Levi and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-11 with Language Arts & Disciplines categories.
Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.
The Language Of Judges
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Author : Lawrence M. Solan
language : en
Publisher: University of Chicago Press
Release Date : 2010-08-15
The Language Of Judges written by Lawrence M. Solan and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-15 with Law categories.
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.
Law Language And The Courtroom
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Author : Stanislaw Gozdz Roszkowski
language : en
Publisher: Routledge
Release Date : 2021-11-25
Law Language And The Courtroom written by Stanislaw Gozdz Roszkowski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-25 with Language Arts & Disciplines categories.
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.
The Language Of Judges
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Author : Lawrence M. Solan
language : en
Publisher: University of Chicago Press
Release Date : 1993-04-15
The Language Of Judges written by Lawrence M. Solan and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-04-15 with Law categories.
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.
The Bilingual Courtroom
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Author : Susan Berk-Seligson
language : en
Publisher: University of Chicago Press
Release Date : 2017-05-23
The Bilingual Courtroom written by Susan Berk-Seligson and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-23 with Law categories.
“An essential text” that examines how interpreters can influence a courtroom, updated and expanded to cover contemporary issues in our diversifying society (Criminal Justice). Susan Berk-Seligson’s groundbreaking book presents a systematic study of court interpreters that raises some alarming and vitally important concerns. Contrary to the assumption that interpreters do not affect the dynamics of court proceedings, Berk-Seligson shows that interpreters could potentially make the difference between a defendant being found guilty or not guilty. The Bilingual Courtroom draws on more than one hundred hours of audio recordings of Spanish/English court proceedings in federal, state, and municipal courts, along with a number of psycholinguistic experiments involving mock juror reactions to interpreted testimony. This second edition includes an updated review of relevant research and provides new insights into interpreting in quasi-judicial, informal, and specialized judicial settings, such as small claims court, jails, and prisons. It also explores remote interpreting (for example, by telephone), interpreter training and certification, international trials and tribunals, and other cross-cultural issues. With a new preface by Berk-Seligson, this second edition not only highlights the impact of the previous versions of The Bilingual Courtroom, but also draws attention to the continued need for critical study of interpreting in our ever diversifying society.
The Bilingual Courtroom
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Author : Susan Berk-Seligson
language : en
Publisher:
Release Date : 2002
The Bilingual Courtroom written by Susan Berk-Seligson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Court interpreting and translating categories.
Judicial Process In A Nutshell
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Author : William L. Reynolds
language : en
Publisher:
Release Date : 1991
Judicial Process In A Nutshell written by William L. Reynolds and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
Sources of Judicial Power; Craftmanship; Common Law Adjudication; The Goals; Precedent; Judicial Lawmaking; Changing the Common Law; Statutory Interpretation; Understanding the Task; Understanding the Statute; More on Understanding; Subsequent Developments; Constitutional Interpretation; Background; Case for Originalism; A Middle Way?; Constitution and Precedent.
Rhetorical Processes And Legal Judgments
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Author : Austin Sarat
language : en
Publisher: Cambridge University Press
Release Date : 2016-09
Rhetorical Processes And Legal Judgments written by Austin Sarat and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09 with Law categories.
This detailed analysis offers new perspectives on rhetoric and law from distinguished scholars.
The Nature Of The Judicial Process
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Author : Benjamin N. Cardozo
language : en
Publisher: Yale University Press
Release Date : 1960-09-10
The Nature Of The Judicial Process written by Benjamin N. Cardozo and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1960-09-10 with Law categories.
"Truly scientific in spirit and method, presenting its subject with the balance, restraint and clarity which have marked the author's distinguished service as a judge."—Harlan F. Stone, Chief Justice of the United States Supreme Court, 1942–1946In this classic treatise a Supreme Court Justice describes in simple and understandable language the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
The Judicial Process
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Author : Ruggero J. Aldisert
language : en
Publisher: West Academic Publishing
Release Date : 1996
The Judicial Process written by Ruggero J. Aldisert and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
Exposes readers to the nuances of precedent, retroactivity, statutory construction, inductive and deductive reasoning, the exercise of discretion, and standards of review in appellate courts. Also includes teachings from American masters in the law, and succinct discussions of the fundamental theories of philosophy and jurisprudence.