The Pragmatic Turn In Law
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The Pragmatic Turn In Law
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Author : Janet Giltrow
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2017-06-12
The Pragmatic Turn In Law written by Janet Giltrow and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-12 with Language Arts & Disciplines categories.
In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
Pragmatism And Law
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Author : Michal Alberstein
language : en
Publisher: Routledge
Release Date : 2017-03-02
Pragmatism And Law written by Michal Alberstein and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
Pragmatism and Law provides a textual reading of the American legal discourse, as it unfolds through various genres of pragmatism, which evolve and transform during the twentieth century. The historical narrative, which the book weaves, traces the transformation of the pragmatic idea from the forefront of philosophical intellectual inquiries at the turn of the twentieth century to a common sense lawyers’ practical rule of action at the turn of the twenty-first century. During this sequence, a fresh look at American history and legal history in particular is offered through the emphasis on recurring discursive structures which assume incommensurable treatments of basic liberal notions like justice, politics, and truth. Underlying the writing is an interpretative mode of inquiry, based on European post-structural methodologies, while claiming to represent their next intellectual phase. This contemporary mode of inquiry is that of a reading which insists on healing through the paradoxes. It is the same mode that sets, in the author’s view, the updated interpretative model of dispute resolution studies.
Pragmatics And Law
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Author : Alessandro Capone
language : en
Publisher: Springer
Release Date : 2016-05-02
Pragmatics And Law written by Alessandro Capone and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-02 with Language Arts & Disciplines categories.
This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?
Pragmatics And Law
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Author : Francesca Poggi
language : en
Publisher: Springer
Release Date : 2016-12-01
Pragmatics And Law written by Francesca Poggi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Language Arts & Disciplines categories.
This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?
Pluralism And The Pragmatic Turn
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Author : William Rehg
language : en
Publisher: MIT Press
Release Date : 2001-09-04
Pluralism And The Pragmatic Turn written by William Rehg and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-04 with Philosophy categories.
The essays in this volume reflect on and expand Frankfurt School critical theory as reformulated after World War II by Karl-Otto Apel, Jürgen Habermas, and others. Frankfurt School critical theory since the pragmatic turn has become a richer source of critical analysis that is at the same time socially and politically more effective. The essays are dedicated to Thomas McCarthy, who has done perhaps more than any other scholar to introduce English-speaking audiences to contemporary German critical theory. The book is organized into three parts. Part one deals with social theory and the rational basis of communication, including basic issues raised by the pragmatic turn. Part two examines conceptions of autonomy and the self. Part three deals with political theory, focusing on problems stemming from sociocultural pluralism. Together, the essays provide an overview of the latest developments in Frankfurt School critical theory as it responds to the challenges of pragmatism and social pluralism.
Pragmatism And Theory In English Law
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Author : P. S. Atiyah
language : en
Publisher:
Release Date : 1987
Pragmatism And Theory In English Law written by P. S. Atiyah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Courts categories.
Pluralism And The Pragmatic Turn
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Author : William Rehg
language : en
Publisher: MIT Press
Release Date : 2001-09-04
Pluralism And The Pragmatic Turn written by William Rehg and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-09-04 with Philosophy categories.
The essays in this volume reflect on and expand Frankfurt School critical theory as reformulated after World War II by Karl-Otto Apel, Jürgen Habermas, and others. Frankfurt School critical theory since the pragmatic turn has become a richer source of critical analysis that is at the same time socially and politically more effective. The essays are dedicated to Thomas McCarthy, who has done perhaps more than any other scholar to introduce English-speaking audiences to contemporary German critical theory. The book is organized into three parts. Part one deals with social theory and the rational basis of communication, including basic issues raised by the pragmatic turn. Part two examines conceptions of autonomy and the self. Part three deals with political theory, focusing on problems stemming from sociocultural pluralism. Together, the essays provide an overview of the latest developments in Frankfurt School critical theory as it responds to the challenges of pragmatism and social pluralism.
The Pragmatic Turn In Philosophy
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Author : William Egginton
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01
The Pragmatic Turn In Philosophy written by William Egginton and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Philosophy categories.
Demonstrates that the divisions between analytic and continental philosophy are being replaced by a transcontinental desire to address common problems in a common idiom.
Legal Pragmatics
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Author : Dennis Kurzon
language : en
Publisher: John Benjamins Publishing Company
Release Date : 2018-04-15
Legal Pragmatics written by Dennis Kurzon and has been published by John Benjamins Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-15 with Language Arts & Disciplines categories.
The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.
Policy And Pragmatism In The Conflict Of Laws
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Author : Michael J. Whincop
language : en
Publisher: Routledge
Release Date : 2018-02-06
Policy And Pragmatism In The Conflict Of Laws written by Michael J. Whincop and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-06 with Law categories.
This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.