Legal Discourse
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Legal Discourse
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Author : Peter Goodrich
language : en
Publisher: Springer
Release Date : 1990-02-19
Legal Discourse written by Peter Goodrich and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-02-19 with Social Science categories.
Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power.
The Phenomenology Of Modern Legal Discourse
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Author : William E. Conklin
language : en
Publisher: Taylor & Francis
Release Date : 2024-05-01
The Phenomenology Of Modern Legal Discourse written by William E. Conklin and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-01 with Law categories.
Originally published in 1998, The Phenomenology of Modern Legal Discourse recovers the suffering which is concealed as lawyers, judges and other legal officials resignify a harm through the special vocabulary and grammar which constitutes legal language. At the moment of re-signification, an untranslatable gap erupts between the knowers’ special language and the embodied meanings of the non-knower. The Phenomenology claims that the gap can be unconcealed if the knowers of the special language reconsider their assumptions about legal meaning, the body and desire. With a broad grasp of diverse problematics from the legal procedures, legal discourses and legal theory of three jurisdictions to exemplify his claims, the author interweaves arguments which draw from Edmund Husserl’s and Maurice Merleau Ponty’s insights about meaning. The author's effort demonstrates how one may unconceal lived laws through a re-reading of the role of the experiential body in legal signification. The author’s effort to retrieve the embodiment of legal meaning de-stabilizes deep assumptions of contemporary lawyers and legal theorists.
Legal Discourse
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Author : Peter Goodrich
language : en
Publisher: Springer
Release Date : 1987-06-18
Legal Discourse written by Peter Goodrich and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987-06-18 with Language Arts & Disciplines categories.
Literature And Legal Discourse
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Author : Dieter Paul Polloczek
language : en
Publisher: Cambridge University Press
Release Date : 1999-09-09
Literature And Legal Discourse written by Dieter Paul Polloczek 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 1999-09-09 with Literary Criticism categories.
The intersection between law and literature is a developing area in literary studies. Existing work has argued that literature provides an imaginary forum in which legal ideals and practices may be tested. In Literature and Legal Discourse: Equity and Ethics from Sterne to Conrad Dieter Polloczek develops this idea by comparing the notion of equity, or ethics, in fiction with its legal equivalent. He shows how the novel, with its increasing social scope and formal sophistication, provided a means of transmitting, questioning and refining society's traditions, values and modes of self-questioning. Polloczek analyses the links between actual legal fictions like substituted judgements, notions of equity, literary tropes and the construction and representation of social bonds through sentiment, philanthropy and marginalisation. Pollozcek's study is both theoretical and historical, covering a period that extends from the eighteenth century to the modernist period, and texts from Sterne, Dickens, Bentham and Conrad.
The Emotional Dynamics Of Law And Legal Discourse
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Author : Heather Conway
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-15
The Emotional Dynamics Of Law And Legal Discourse written by Heather Conway and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.
Looking For Love In The Legal Discourse Of Marriage
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Author : Renata Grossi
language : en
Publisher: ANU Press
Release Date : 2014-09-01
Looking For Love In The Legal Discourse Of Marriage written by Renata Grossi and has been published by ANU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-01 with Law categories.
This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.
Constructing Legal Discourses And Social Practices
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Author : Girolamo Tessuto
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2016-05-11
Constructing Legal Discourses And Social Practices written by Girolamo Tessuto and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-11 with Language Arts & Disciplines categories.
Over recent decades, legal language and its representation of social action, social actors and social practices have provided systematic insights into the meaning and function of text, discourse or talk realised in academic, professional and institutional sites of communication, and generated a variety of data for analysis, method and theory. Constructing Legal Discourses and Social Practices, the first issue of the Legal Discourse and Communication international series, looks descriptively and interpretatively at the realised forms of legal discourse and how these are framed and organised by social practices within distinctive sites of legal communication. The four main parts of the book provide a broad coverage of key issues and perspectives arising from a variety of genres (spoken, as well as written) employed in institutional, professional and organisational communication of the law, and bring into focus recent research where language and law play out in the real world. This invaluable book is multi-dimensional and multi-perspectival in its design and implementation, and will be an essential reference for those researching and working in the areas of applied linguistics and for postgraduate students.
Discourse In The Professions
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Author : ... Connor-Upton
language : en
Publisher: John Benjamins Publishing
Release Date : 2004-01-01
Discourse In The Professions written by ... Connor-Upton and has been published by John Benjamins Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Language Arts & Disciplines categories.
This book explores the structure and use of academic and professional discourse through the lens of corpus linguistics. The goal of this book is to show how insights from corpus linguistic analyses can help us better understand how we use academic and professional language and help us find ways to better train newcomers to the genres used in various professional contexts. The contributions to this book show that specialized corpora of specific genres from a variety of fields allow us to make more relevant observations about the function and use of language for particular purposes. The specialized corpora examined include written and spoken academic genres, written and spoken business and legal genres, and written philanthropic genres. The book showcases a variety of approaches to analyzing the discourse of specialized corpora, and each chapter concludes with a reflection on the practical and pedagogical implications of the analysis.
Affective Legal Analysis
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Author : Frank Fleerackers
language : en
Publisher: Duncker & Humblot
Release Date : 2019
Affective Legal Analysis written by Frank Fleerackers and has been published by Duncker & Humblot this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Indeed, if the legal field is to be understood as instrumental to democracy's cohabitation of individuals, research on dispute resolution remains pre-eminent as a means to understand how individual views differ and how different views can be overcome. As a central part of conflict analysis, such research would assist an interdisciplinary quest for a dynamic understanding of democracy and law. It would focus on how different individuals with different conceptions of the good can live together in their community, in their world. Scientific research in the fields of communication, economics, psychology, history, political theory and philosophy, to name but a few, would side with legal theory in a shared ambition to analyze the way individuals are affected by their views as well as by their institutions, in order to provide society with a dynamic means to solve conflicts and enhance citizenship or legal awareness. Such research necessarily coincides with empathy-oriented education, directed towards an understanding of different conflict positions and the related comprehensive or non-comprehensive views affecting them. An affective education, analyzing all affective mechanisms of societal or interpersonal disputes and their legal or alternative resolution. A clinical education, offering an interactive simulation with regard to these positions and their affective impact, demonstrating how individual views continuously affect the positions taken, how disputes are affected by the legal or other institutions that attempt to solve them, and how the effectiveness of legal or other solutions to the conflict at hand depends on a practice of affective legal analysis. Thus legal and civic education, by way of affective narration and clinical simulation, join affective legal analysis in its endeavor to provide society with a similarly affective and non-rationalizing approach of legal awareness.
Law And The Order Of Culture
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Author : Robert Post
language : en
Publisher: Univ of California Press
Release Date : 1991-01-01
Law And The Order Of Culture written by Robert Post and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-01-01 with Law categories.
Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations, these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book. Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines. Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations, these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book. Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines.