Judges And The Language Of Law

Author : Lawrence M. Solan
Publisher : University of Chicago Press
ISBN 13 : 0226767892
Total Pages : 231 pages
Book Rating : 4.95/5 ( download)

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Download or read book The Language of Judges written by Lawrence M. Solan and published by University of Chicago Press. This book was released on 2010-08-15 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Matthew Williams
Publisher : Palgrave Macmillan
ISBN 13 : 9783030914974
Total Pages : 0 pages
Book Rating : 4.76/5 ( download)

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Download or read book Judges and the Language of Law written by Matthew Williams and published by Palgrave Macmillan. This book was released on 2023-01-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at how the language of the law has changed over time, and how this has empowered judges. In particular it looks at how this has empowered judges to rule against governments.

Author : Stanislaw Gozdz Roszkowski
Publisher : Routledge
ISBN 13 : 100048386X
Total Pages : 247 pages
Book Rating : 4.64/5 ( download)

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Download or read book Law, Language and the Courtroom written by Stanislaw Gozdz Roszkowski and published by Routledge. This book was released on 2021-11-25 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Matthew Williams
Publisher :
ISBN 13 : 9783030914967
Total Pages : 0 pages
Book Rating : 4.68/5 ( download)

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Download or read book Judges and the Language of Law written by Matthew Williams and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Matthew Williams' masterful analysis, which straddles history, law and political science, causes us to rethink key theories of the judicialization of politics. His work is a tour de force that will be appreciated not only for its combination of computational text analysis and process tracing histories, but also for its expansive ambition, covering seven decades and five jurisdictions." - Petra Schleiter, Professor of Comparative Politics, University of Oxford, United Kingdom "We live in an age of data and data analytics. Analysing huge swathes of legislative text across time and jurisdictions, Matthew Williams has revealed a series of fascinating changes in language use. This clearly written book with its compelling narrative is an important contribution to our understanding of law and policy in the 21st century." - Sir Nigel Shadbolt, Professor of Computer Science, University of Oxford, United Kingdom By machine reading 60,556,672 words of legislation, and analysing 7,469 country years, this book uncovers changing patterns in the language of laws. In addition to this wide angle, a tight focus on five countries - Canada, France, Germany, the UK and the US - reveals the effects of changing legal language on policy power for judges. With this new perspective and new data, the book explains how and why judges have become more actively involved in public policy disputes on such sensitive topics as abortion, human rights and terrorism. Matthew Williams is Tutor and Fellow of Jesus College, University of Oxford, UK. He lectures on British and comparative politics. His research analyses the language of politics, how the language of legislation has changed over the past century, and the effects of these changes on litigation strategies and public administration.

Author : Peter M. Tiersma
Publisher : University of Chicago Press
ISBN 13 : 9780226803036
Total Pages : 330 pages
Book Rating : 4.31/5 ( download)

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Download or read book Legal Language written by Peter M. Tiersma and published by University of Chicago Press. This book was released on 1999 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This history of legal language slices through the polysyllabic thicket of legalese. 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 : Susan U. Philips
Publisher : Oxford University Press
ISBN 13 : 0195354427
Total Pages : 224 pages
Book Rating : 4.23/5 ( download)

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Download or read book Ideology in the Language of Judges written by Susan U. Philips and published by Oxford University Press. This book was released on 1998-04-16 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Judith N. Levi
Publisher : Springer Science & Business Media
ISBN 13 : 1489937196
Total Pages : 390 pages
Book Rating : 4.93/5 ( download)

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Download or read book Language in the Judicial Process written by Judith N. Levi and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Robert Edwin Bacharach
Publisher : American Bar Association
ISBN 13 : 9781641056595
Total Pages : 0 pages
Book Rating : 4.92/5 ( download)

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Download or read book Legal Writing written by Robert Edwin Bacharach and published by American Bar Association. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book." -- Erwin Chemerinsky, Dean, Berkeley School of Law

Author : Benjamin H. Barton
Publisher : Cambridge University Press
ISBN 13 : 1139495585
Total Pages : 313 pages
Book Rating : 4.85/5 ( download)

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Download or read book The Lawyer-Judge Bias in the American Legal System written by Benjamin H. Barton and published by Cambridge University Press. This book was released on 2010-12-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

Author : Lawrence M. Solan
Publisher : University of Chicago Press
ISBN 13 : 9780226767901
Total Pages : 225 pages
Book Rating : 4.06/5 ( download)

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Download or read book The Language of Judges written by Lawrence M. Solan and published by University of Chicago Press. This book was released on 1993-04-15 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.