The Language of Judges

The Language of Judges

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 ...

Author: Lawrence M. Solan

Publisher: University of Chicago Press

ISBN: 0226767892

Category: Law

Page: 225

View: 936

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.
Categories: Law

Ideology in the Language of Judges

Ideology in the Language of Judges

This book argues that variation in the discourse structure of the guilty pleas can best be understood as enactments of the judges' differing interpretations of due process law and the proper role of the judge in the courtroom.

Author: Susan U. Philips

Publisher: Oxford University Press

ISBN: 0195354427

Category: Language Arts & Disciplines

Page: 224

View: 590

A study that will appeal to any reader interested in the relationship between our language and our laws, Ideology in the Language of Judges focuses on the way judges take guilty pleas from criminal defendants and on the judges' views of their own courtroom behavior. This book argues that variation in the discourse structure of the guilty pleas can best be understood as enactments of the judges' differing interpretations of due process law and the proper role of the judge in the courtroom. Susan Philips demonstrates how legal and professional ideologies are expressed differently in interviews and socially occurring speech, and reveals how bounded written and spoken genres of legal discourse play a role in containing and ordering ideological diversity in language use. She also shows how the ideological struggles in a given courtroom are central yet largely hidden or denied. Such findings will contribute significantly to the study of how speakers create realities through their use of language.
Categories: Language Arts & Disciplines

The Language of Statutes

The Language of Statutes

The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive ...

Author: Lawrence Solan

Publisher: University of Chicago Press

ISBN: 0226767965

Category: Language Arts & Disciplines

Page: 288

View: 956

We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
Categories: Language Arts & Disciplines

Speaking of Crime

Speaking of Crime

With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.

Author: Lawrence M. Solan

Publisher: University of Chicago Press

ISBN: 0226767876

Category: Law

Page: 264

View: 127

Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter? Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved. With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
Categories: Law

The Language of Eu and Polish Judges

The Language of Eu and Polish Judges

The book investigates EU judicial language and its impact on the language of national judges.

Author: Dariusz Kozbial

Publisher:

ISBN: 363182226X

Category:

Page:

View: 287

The book investigates EU judicial language and its impact on the language of national judges. It is the first comprehensive study of the judicial variety of the Polish Eurolect. The monograph applies the relation of textual fit to measure the linguistic distance between EU translations and non-translated Polish texts in corpora of judgments.
Categories:

Brian Dickson

Brian Dickson

Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an ...

Author: Robert J. Sharpe

Publisher: University of Toronto Press

ISBN: 0802089526

Category: Biography & Autobiography

Page: 576

View: 216

Engaging and incisive, Brian Dickson: A Judge's Journey traces Dickson's life from a Depression-era boyhood in Saskatchewan, to the battlefields of Normandy, the boardrooms of corporate Canada and high judicial office, and provides an inside look at the work of the Supreme Court during its most crucial period.
Categories: Biography & Autobiography

Language Meaning and the Law

Language  Meaning and the Law

This book is concerned with approaches to language, meaning and interpretation
that have been discussed within the ... gender, race within the discourse of the
legal system; discourse analysis of the language of judges; plagiarism and the ...

Author: Christopher Hutton

Publisher: Edinburgh University Press

ISBN: 9780748633524

Category: Language Arts & Disciplines

Page: 256

View: 376

Language, Meaning and the Law offers an accessible, critical guide to debates about linguistic meaning and interpretation in relation to legal language. Law is an ideal domain for considering fundamental questions relating to how we assign meanings to words, understand and comment on texts, and deal with socially and ideologically significant questions of interpretation. The book argues that theoretical issues of concern to linguists, philosophers, literary theorists and others are illuminated by the demands of the legal context, since law is driven by the need for practical solutions and for determinate outcomes based on explicit reasoning. Topics covered include: the relationship of linguistics to legal theory, indeterminacy and statutory interpretation, the theory and practice of using dictionaries in law, defamation and language in the public sphere, and the distinction between perjury and deception. This book does not assume specialist knowledge of the field, and is designed as a self-contained, advanced introduction to a fascinating area of study. The reader will gain an overall insight into issues and debates about meaning and interpretation, as well as an understanding of how these questions are shaped by the legal context.
Categories: Language Arts & Disciplines

Text Message

Text Message

Furthermore, while the vow's fulfilment in Judges 11:39 does not use “burnt
offering” language as in 11:31, it is nevertheless specific: “and he did to her his
vow which he vowed.” This terse report “reflects the narrator's hesitation to speak
of ...

Author: Ian Stackhouse

Publisher: Wipf and Stock Publishers

ISBN: 9781630871451

Category: Religion

Page: 264

View: 505

Preaching has fallen on hard times with many questioning its relevance and even its validity as a New Testament practice. This symposium of specially commissioned essays draws together an international team of thirteen scholars and pastors to address the importance of textual preaching in the history and life of the early church, the historic church, and the contemporary church. Contributions include essays on Old Testament preaching, preaching in Hebrews, gender-sensitive preaching, preaching in the theology of Jonathan Edwards, Charles Spurgeon, Dietrich Bonhoeffer, and in Eastern Orthodoxy. It also includes essays on a range of homiletical challenges that textual preaching raises for the contemporary preacher, including genre, preaching without notes, inhabiting the text, and preaching without platitudes. A final reflection by Dave Hansen on the state of textual preaching rounds out the collection. The preaching of the gospel stands at the heart of Christian praxis. These essays make a vital contribution to the recovery of the importance of preaching, focused on the text of Scripture. Written with an eye to the pastor and practitioner as well as those in the pews and in the classroom, this is a book that should appeal to a wide range of readers.
Categories: Religion

Georgetown University Round Table on Languages and Linguistics GURT 2000 Linguistics Language and the Professions

Georgetown University Round Table on Languages and Linguistics  GURT  2000  Linguistics  Language  and the Professions

language. and. law: The. trials. of. the. insider-linguist. Roger W. Shuy
Georgetown University Robert Bork, when he was ... of the language of judges (
Solan 1993; Stygall 1994; Breaking into language and law: The trials of the
insider-linguist.

Author: James E. Alatis

Publisher: Georgetown University Press

ISBN: 1589018559

Category: Language Arts & Disciplines

Page: 288

View: 668

The 2000 Georgetown University Round Table on Languages and Linguistics brought together distinguished linguists from around the globe to discuss applications of linguistics to important and intriguing real-world issues within the professions. With topics as wide-ranging as coherence in operating room communication, involvement strategies in news analysis roundtable discussions, and jury understanding of witness deception, this resulting volume of selected papers provides both experts and novices with myriad insights into the excitement of cross-disciplinary language analysis. Readers will find—in the words of one contributor—that in such cross-pollination of ideas, "there's tremendous hope, there's tremendous power and the power to transform."
Categories: Language Arts & Disciplines

The American Judicial Tradition Profiles of Leading American Judges

The American Judicial Tradition   Profiles of Leading American Judges

Profiles of Leading American Judges G. Edward White John B. Minor Professor of
Law and Cromwell Research ... Against a legislative act was pitted open- ended
constitutional language; judges were invited to give substantive content to the ...

Author: G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia

Publisher: Oxford University Press, USA

ISBN: 9780199729180

Category: Electronic books

Page: 576

View: 790

Now available in a newly revised and updated second edition, this highly-acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court. G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.
Categories: Electronic books

Legal Language

Legal Language

The text shows to what extent legalese is simply a product of its past and demonstrates that arcane vocabulary is not an inevitable feature of our legal system.

Author: Peter M. Tiersma

Publisher: University of Chicago Press

ISBN: 0226803023

Category: Law

Page: 314

View: 454

Statutes, judicial opinions, contracts, deeds, and wills profoundly affect our daily lives, but their language tends to be often nearly impossible to understand. In this lively history of legal language, Peter Tiersma slices through the thicket of legalese, explaining where it comes from, why lawyers continue to cling to it, and why it's doesn't have to be an inevitable feature of our legal system. "Legal Language will resonate with lawyers . . . and any non-lawyer who has waded through legal documents, or has tuned in to the latest trial on Court TV."—Carmie D. Boccuzzi, Jr., Boston Book Review "[A] masterful, highly readable, and enjoyable book. . . . Legal Language is truly a fun book to read."—David Schultz, Law and Politics Book Review
Categories: Law

Language Test Construction and Evaluation

Language Test Construction and Evaluation

In a study carried out by researchers at Lancaster University , 21 judges were
asked to estimate the difficulty for potential examinees of 30 reading
comprehension questions . The judges ranged from highly experienced testers
who were ...

Author: Charles J.. Alderson

Publisher: Cambridge University Press

ISBN: 0521478294

Category: Education

Page: 310

View: 781

This book describes the process of language test construction and reviews current practice.
Categories: Education

We The Judges

We The Judges

language. [In other words, the federal courts cannot try such cases. Notice how
the Court redefined the relationship between the states and the federal
government simply by saying that “a sovereign that does not have plenary power
over them ...

Author: Jack Stanfield

Publisher: Xlibris Corporation

ISBN: 9781450046312

Category: Political Science

Page: 345

View: 797

This is a book for those ordinary citizens who, when asked about the Constitution, point to the freedom of speech and religion or being able “to take the fifth.” It is also for those that haven’t thought about the Constitution for years and are faced with constitutional questions, such as those raised in the 2000 presidential election. While this isn’t a textbook, it is intended to inform and arouse your curiosity and concern. I chose the title We The Judges, as opposed to “We the people” from the preamble of the Constitution, because the Supreme Court justices have asserted that their interpretation of the Constitution is the Constitution. This supremacy assertion conflicts directly with the principle of coequal departments and presents a danger to the future of the republic. Unchallenged, the future Court could declare anything legal or illegal. The Court has become a “super-legislature,” an “Imperial Court,” an oligarchy where as few as five justices can arbitrarily impose their will over the will of 290 million people. This danger can only be addressed if ordinary citizens understand the Constitution and the role of the Court. The will of the people must speak to restore a balanced Court.
Categories: Political Science

The Triumph of Irony in the Book of Judges

The Triumph of Irony in the Book of Judges

Chapter 1 INTRODUCTION The book of Judges is generally regarded as a
sequence of narratives with some bridging material appended before and after—
a pastiche rather than a unified work of art.1 A typical instance of this view is the ...

Author: Lillian R. Klein

Publisher: A&C Black

ISBN: 9780567414984

Category: Religion

Page: 260

View: 398

The Triumph of Irony in the Book of Judges focuses on the literary quality of the book of Judges. Klein extrapolates the theme of irony in the book of Judges, seeking to prove that it is the main structural element. She points out how this literary device adds to the overall meaning and tone of the book, and what it reveals about the culture of the time. Chronologically divided into sections, Klein explores the narrative and commentates on the literary properties throughout-plot, character development, and resolution, as well as the main theme of irony.
Categories: Religion

Judges and the Cities

Judges and the Cities

My argument here is that judicial decision making is simultaneously legitimated
and limited in scope by the dominant ideological language of contemporary
North America , that is , liberalism . As the courts appeal to liberal doctrine to
justify ...

Author: Gordon L. Clark

Publisher: University of Chicago Press

ISBN: 0226107531

Category: Social Science

Page: 247

View: 569

In this remarkable inquiry into the bases of social theory, Gordon L. Clark argues that the heterogeneous nature of our society, with its pluralism of values, causes the rules of social conduct to be constantly made and remade. Examining the role of the courts in structuring and achieving social discourse, he contends that legal doctrine is no different from other social theories: judicial interpretations are constructed out of specific circumstances and conflicting values, not deduced from neutral and logical principles. There is, he asserts, no final arbiter somehow unaffected by our controversies and schisms. As concrete examples, Clark analyzes four court disputes in depth, showing that the concept of local autonomy has very different meanings and implications in each of them. These cases—Boston's defense of resident-preference hiring policies, conflict over urban land-use zoning in Toronto, a Chicago's suburb's fight against a sewage treatment plant, and the evolution of the City of Denver's power since 1900—demonstrate that legal reasoning is not impervious to other kinds of reasoning, and the solutions provided by the courts are not unique. To ground his explorations, Clark investigates both liberalism and structuralism, showing that both are inadequate bases for determining social policy. He mounts provocative critiques of the works of de Tocqueville, Nozick, Tiebout, and Posner on the one hand and Castells and Poulantzas on the other. This ambitious and important work will command the interest of geographers, political scientists, economists, sociologists, and legal scholars.
Categories: Social Science

The Language of Bribery Cases

The Language of Bribery Cases

An analysis of the use of language in bribery cases

Author: Roger W. Shuy

Publisher: Oxford University Press

ISBN: 9780199945139

Category: Language Arts & Disciplines

Page: 276

View: 530

An analysis of the use of language in bribery cases
Categories: Language Arts & Disciplines

The Rhetoric of the Book of Judges

The Rhetoric of the Book of Judges

CHAPTER TWO RHETORICAL CONCERNS OF JUDGES AS A LITERARY
FORM In the present chapter , I shall examine the formal arrangement of the
prose and poetic accounts of Judges so as to determine their rhetorical concerns
. All the ...

Author: Robert H. O'Connell

Publisher: BRILL

ISBN: 9004101047

Category: Religion

Page: 541

View: 186

This volume describes how Judges' rhetorical devices (e.g., narrative analogy, entrapment, foreshadowing) inspire its readers to support a divinely appointed Judahite king who endorses the deuteronomic agenda, and illustrates a new method for understanding how plot-layered stories work.
Categories: Religion

Separate and Unequal

Separate and Unequal

the most local level of linguistic usage – the language of judges as manifested in
the text , cotext , and context of the particular society and culture . 3 . The road to
be taken This book addresses issues that lie at the intersection of discourse ...

Author: Huang Hoon Chng

Publisher: John Benjamins Publishing

ISBN: 9027226938

Category: Language Arts & Disciplines

Page: 156

View: 380

This book argues for a multidisciplinary approach to the study of the language of judges with respect to the issue of gender discrimination. Drawing its inspiration from Dell Hymes' socially constituted linguistics, the author examines the language of the judicial opinions of four U.S. Supreme Court cases addressing social and legal discrimination against women. Through a linguistic analysis that is informed by a Foucauldian and feminist perspective, this book addresses the complex issues of the power of judges and ideologies, the politics of language use, and feminist contributions to the subject of discrimination and women's rights. This book is most suitable for researchers and students in cultural studies, ethnography, feminist legal studies, forensic linguistics, gender studies, ideology research, pragmatics, semiotics, and social studies.
Categories: Language Arts & Disciplines

The American Jury On Trial

The American Jury On Trial

Judges' customary reluctance to allow a written copy of their instructions into the
jury room is an interesting behavioral ... So important is the language of the
judge's charge that an incorrect, omitted, or misstated instruction can be, and
often is, ...

Author: Saul M. Kassin

Publisher: Taylor & Francis

ISBN: 9781135874650

Category: Psychology

Page: 246

View: 475

First Published in 1988. Routledge is an imprint of Taylor & Francis, an informa company.
Categories: Psychology

Judges and Ruth

Judges and Ruth

1 . in the days when the judges ruled ] An expression which shews us at once
that the writer is regarding that period from the standpoint of a considerably later
age . See also iv . 7 , and for the language cp . Judges xvii . 6 , xviii . 1 .

Author:

Publisher: CUP Archive

ISBN:

Category: Bible

Page: 318

View: 377

Categories: Bible