Obscurity And Clarity In The Law

Author : Sophie Cacciaguidi-Fahy
Publisher : Routledge
ISBN 13 : 1351914200
Total Pages : 284 pages
Book Rating : 4.08/5 ( download)

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Download or read book Obscurity and Clarity in the Law written by Sophie Cacciaguidi-Fahy and published by Routledge. This book was released on 2016-12-05 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intricate and multi-dimensional conception of clarity and obscurity in the law. It presents and examines the most recent research and theories, giving practical guidance on how to avoid obscurity in legal drafting and its impact on legal interpretation. The book is aimed at a multidisciplinary audience and seeks to promote an interdisciplinary debate on clarity, law and language, calling for the moving of clarity beyond the study of plain language. The aims of the book are thus two fold. The first is to critically reach a nexus between the disciplines of law and language with respect to the debates on clarity in legal discourse. The second is to achieve an international perspective on the issue, drawing from a wide range of legal and political contexts.

Author : Anne Wagner
Publisher : Peter Lang
ISBN 13 : 9783039111695
Total Pages : 508 pages
Book Rating : 4.98/5 ( download)

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Download or read book Legal Language and the Search for Clarity written by Anne Wagner and published by Peter Lang. This book was released on 2006 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary collection with contributions in English and French explores how the various disciplines of law and linguistics appreciate and work towards improving the nature of clarity and obscurity in legal language. For the first time, it brings together legal academics and practitioners, jurilinguists and linguists from the common law and civil law with the specific aim to understand the complex nature, practice and tools of clarity and obscurity in legal drafting. Topics addressed include how the Clarity framework has been put into practice through the use of plainer language, better comprehensibility, readability and access to legal or administrative texts. In an attempt to reflect the more recent development of the Clarity-Obscurity debate, the editors have also focused on the use of specific instruments to respond to the problems raised by obscurity to improve clarity. Cette collection interdisciplinaire offrant des contributions en anglais et en français, explore comment les diverses disciplines du droit et de la linguistique appréhendent et visent à perfectionner la nature de la clarté et de l'opacité du discours juridique. Cet ouvrage rassemblant pour la première fois, des universitaires et professionnels du droit, des jurilinguistes et linguistes de la common law and et du droit civil, propose de découvrir la nature complexe, les pratiques et outils de la clarté et de l'opacité utilisés en rédaction juridique. Les questions abordées examinent la mise en pratique de la clarté juridique au travers de l'utilisation de la langue courante, une meilleure lisibilité, compréhensibilité et accès aux textes juridiques et administratifs. Dans le but de refléter l'actualité du débat Clarté-Opacité du discours juridique, les éditrices se sont également concentrées sur l'utilisation des outils et méthodes les plus récents et utilisés pour résoudre les difficultés soulevées par l'opacité des langues du droit et ainsi améliorer la transparence du discours juridique.

Author : Peter Butt
Publisher : Cambridge University Press
ISBN 13 : 9781139459402
Total Pages : 282 pages
Book Rating : 4.06/5 ( download)

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Download or read book Modern Legal Drafting written by Peter Butt and published by Cambridge University Press. This book was released on 2006-10-23 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the second edition of this highly regarded text, the authors show how and why traditional legal language has developed the peculiar characteristics that make legal documents inaccessible to the end users. Incorporating recent research and case law, the book provides a critical examination of case law and the rules of interpretation. Detailed case studies illustrate how obtuse or outdated words, phrases and concepts can be rewritten, reworked or removed altogether. Particularly useful is the step-by-step guide to drafting in the modern style, using examples from four types of common legal documents: leases, company constitutions, wills and conveyances. Readers will gain an appreciation of the historical influences on drafting practice and the use of legal terminology. They will learn about the current moves to reform legal language, and receive clear instruction on how to make their writing clearer and their legal documents more useful.

Author : Marcus Galdia
Publisher : Peter Lang
ISBN 13 : 9783631594636
Total Pages : 442 pages
Book Rating : 4.31/5 ( download)

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Download or read book Legal Linguistics written by Marcus Galdia and published by Peter Lang. This book was released on 2009 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces into the problems of Legal Linguistics. It starts with the most fundamental legal-linguistic question, i.e. how law is created and applied with linguistic means. In breaking down this vast question, the book identifies the linguistically relevant aspects of language use, especially its terminology, and scrutinizes the most significant legal-linguistic operations such as the legal argumentation, the legal interpretation, and the legal translation. Based on case analyses, it canvasses the language use strategies that are most instrumental in the developing of professionally convincing legal argumentation, primarily around terminological units. Towards the background of these and other linguistic operations in law, the book reflects upon some practical problems related to the regulation of language use and the emergence of the global law.

Author : Vijay Kumar Bhatia
Publisher : Peter Lang
ISBN 13 : 9783039114702
Total Pages : 358 pages
Book Rating : 4.00/5 ( download)

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Download or read book Language, Culture and the Law written by Vijay Kumar Bhatia and published by Peter Lang. This book was released on 2008 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language and legal culture has had to adjust to legal concepts very different from those of the English law system. Many of the papers were inspired by two major projects on legal language and inter-multiculturality: Generic Integrity in Legislative Discourse in Multilingual and Multicultural Contexts based in Hong Kong and carried out by an international team and Interculturality in Domain-specific English, a national project supported by the Italian Ministry for Education and Research, involving research units from five Italian universities

Author : Anthony Ossa-Richardson
Publisher : Princeton University Press
ISBN 13 : 0691228442
Total Pages : 488 pages
Book Rating : 4.40/5 ( download)

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Download or read book A History of Ambiguity written by Anthony Ossa-Richardson and published by Princeton University Press. This book was released on 2021-12-14 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since it was first published in 1930, William Empson’s Seven Types of Ambiguity has been perceived as a milestone in literary criticism—far from being an impediment to communication, ambiguity now seemed an index of poetic richness and expressive power. Little, however, has been written on the broader trajectory of Western thought about ambiguity before Empson; as a result, the nature of his innovation has been poorly understood. A History of Ambiguity remedies this omission. Starting with classical grammar and rhetoric, and moving on to moral theology, law, biblical exegesis, German philosophy, and literary criticism, Anthony Ossa-Richardson explores the many ways in which readers and theorists posited, denied, conceptualised, and argued over the existence of multiple meanings in texts between antiquity and the twentieth century. This process took on a variety of interconnected forms, from the Renaissance delight in the ‘elegance’ of ambiguities in Horace, through the extraordinary Catholic claim that Scripture could contain multiple literal—and not just allegorical—senses, to the theory of dramatic irony developed in the nineteenth century, a theory intertwined with discoveries of the double meanings in Greek tragedy. Such narratives are not merely of antiquarian interest: rather, they provide an insight into the foundations of modern criticism, revealing deep resonances between acts of interpretation in disparate eras and contexts. A History of Ambiguity lays bare the long tradition of efforts to liberate language, and even a poet’s intention, from the strictures of a single meaning.

Author : Prof. Dr. K. L. Bhatia
Publisher : Universal Law Publishing
ISBN 13 : 9788175348943
Total Pages : 560 pages
Book Rating : 4.41/5 ( download)

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Download or read book Textbook on Legal Language and Legal Writing written by Prof. Dr. K. L. Bhatia and published by Universal Law Publishing. This book was released on 2010 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Barbara Johnson
Publisher : JHU Press
ISBN 13 : 9780801827280
Total Pages : 174 pages
Book Rating : 4.80/5 ( download)

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Download or read book The Critical Difference written by Barbara Johnson and published by JHU Press. This book was released on 1985-03 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Barbara Johnson investigates the significant and illuminating ways in which both literature and criticism ate "critically different" from what they purport to be. Her subtle and provocative studies of Balzac, Mallarme, Baudelaire, Apollinaire, Melville, Poe, Bathes, Lacan, Austin, and Derrida take a refreshing new approach to the fundamental questions of meaning, interpretation, and the relationship between literature and criticism. In each of seven essays, a clear, precise, and detailed reading of the rhetoric of one of more literary or critical works reveals the text's fundamental discrepancies, ambuquities, and contradictions. If rhetoric is seen as language's capacity to differ from literal statement, and if "to differ" can also mean "to disagree," then the reading of the rhetoric of literature and theory here is an attempt to capture the logic of a text's own disagreement with itself.

Author : Robert R. Clewis
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110345331
Total Pages : 624 pages
Book Rating : 4.39/5 ( download)

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Download or read book Reading Kant's Lectures written by Robert R. Clewis and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-09-14 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important collection of more than twenty original essays by prominent Kant scholars covers the multiple aspects of Kant’s teaching in relation to his published works. With the Academy edition’s continuing publication of Kant’s lectures, the role of his lecturing activity has been drawing more and more deserved attention. Several of Kant’s lectures on metaphysics, logic, ethics, anthropology, theology, and pedagogy have been translated into English, and important studies have appeared in many languages. But why study the lectures? When they are read in light of Kant’s published writings, the lectures offer a new perspective of Kant’s philosophical development, clarify points in the published texts, consider topics there unexamined, and depict the intellectual background in richer detail. And the lectures are often more accessible to readers than the published works. This book discusses all areas of Kant's lecturing activity. Some essays even analyze in detail the content of Kant's courses and the role of textbooks written by key authors such as Baumgarten, helping us understand Kant’s thought in its intellectual and historical contexts. Contributors: Huaping Lu-Adler; Henny Blomme ; Robert Clewis; Alix Cohen; Corey Dyck; Faustino Fabbianelli; Norbert Fischer; Courtney Fugate; Paul Guyer; Robert Louden; Antonio Moretto; Steve Naragon; Christian Onof; Stephen Palmquist; Riccardo Pozzo; Frederick Rauscher; Dennis Schulting; Oliver Sensen; Susan Shell; Werner Stark; John Zammito; Günter Zöller

Author : Kathryn D. Temple
Publisher : NYU Press
ISBN 13 : 147989527X
Total Pages : 275 pages
Book Rating : 4.74/5 ( download)

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Download or read book Loving Justice written by Kathryn D. Temple and published by NYU Press. This book was released on 2019-06-25 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of legal emotions in William Blackstone’s England and their relationship to justice William Blackstone’s masterpiece, Commentaries on the Laws of England (1765–1769), famously took the “ungodly jumble” of English law and transformed it into an elegant and easily transportable four-volume summary. Soon after publication, the work became an international monument not only to English law, but to universal English concepts of justice and what Blackstone called “the immutable laws of good and evil.” Most legal historians regard the Commentaries as a brilliant application of Enlightenment reasoning to English legal history. Loving Justice contends that Blackstone’s work extends beyond making sense of English law to invoke emotions such as desire, disgust, sadness, embarrassment, terror, tenderness, and happiness. By enlisting an affective aesthetics to represent English law as just, Blackstone created an evocative poetics of justice whose influence persists across the Western world. In doing so, he encouraged readers to feel as much as reason their way to justice. Ultimately, Temple argues that the Commentaries offers a complex map of our affective relationship to juridical culture, one that illuminates both individual and communal understandings of our search for justice, and is crucial for understanding both justice and injustice today.