Between Text, Meaning and Legal Languages


Book Description

This collection on legal interpretation in a broad sense presents state-of-the-art linguistic approaches that are applied for studying interpretation and meaning generation in various legal settings. It covers different aspects of the concepts like judicial dissent, court argumentation, investigating sociological meaning, or comparing legal meaning in comparative law. Scholars can turn to the volume for methods and findings to ground their own inquiries, and students will find guides to topics and methods in the field of law, meaning generation, and language.




Language in the Law


Book Description

This book is a record of modes and practices in the use of language within the context of law. The papers in this volume not only examine the different situations that arise in legal processes, but they also unveil the inherent problems and impact of ambiguity and distortion in the uses of legal language, the consequences of cultural constraints on translation of legal texts, the power of interpreters in legal testimony and sources of complexity in legal register. The book examines the nexus between language and the law in various countries and cultures.




Language, Meaning and the Law


Book Description

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.




Legal Meanings


Book Description

Edited by Janet Giltrow and Dieter Stein, the Foundations in Language and Law series aims beyond the traditional surveys of scholarship in law and language. Monographs in the series will provide foundational materials - theoretical, methodological, critical, practical - to advance study of important topics in the field. And even as each volume engages conceptually with current scholarship in the area, it presents original research which breaks new ground and indicates future directions for scholarship in law and language. To discuss your book idea or submit a proposal, please contact Natalie Fecher.




Law, Language and Translation


Book Description

This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean ‘conflicting interpretations’ engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as ‘rustling, duffing, raiding, stock theft, lifting and predatorial larceny.’ Crime and punishment are differently perceived depending on cultures and legal systems: ‘Captain Starlight’ was a legendary ‘duffer’; in India ‘lifting’ a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing ‘unequal treaties’ (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the ‘trail of broken treaties’), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).




Structural Features of Legal Language


Book Description

Seminar paper from the year 2012 in the subject English Language and Literature Studies - Other, grade: 2,3, Ruhr-University of Bochum (Englisches Seminar), language: English, abstract: This paper deals with a specific English language – the legal language. I will focus on a particular aspect of this field - the characteristics of the structure of legal English. Therefore I will give an overview of the central structural features which are typical for legal language. Legal professionals strive for a precise explanation of facts. This aim forces them to use a certain kind of language patterns; including a high amount of definitions in legal texts, as well as numerous complex and ancient phrases deriving from Law French and plentiful enumerations which can all together form a single sentence covering several lines. Considering these special language patterns, the field of law, especially the legal language, becomes completely unapproachable for laymen, as it is almost impossible for them to follow legal discourse or understand legal contracts as well as laws and provisions. Even well-educated native speakers often find it hard to understand the language used in court. But the access to one’s rights and duties is important in a community, so I decided to emphasize the differences between legal language and colloquial language and to show which structural features are characteristic for legal language. At first I will provide the reader with an overall definition of English as a special language, before I will have a closer look at legal English as a special language – the main topic of this essay. To show the structural features of legal language I will concentrate on three main characteristics in the structure of legal language – in my opinion the three most important ones, even though there are other important attributes as well. In a last step I will point out how these legal structures are used in real life. Therefore I will analyze a contract as well as a legislative text and think about ways to simplify the legal language used there to make it easier to follow such texts.




Legal Language as a Special Language: Structural Features of English Legal Language


Book Description

Seminar paper from the year 2004 in the subject English Language and Literature Studies - Linguistics, grade: 1-, University of Dusseldorf "Heinrich Heine" (Anglistisches Institut), course: Domain Specific English Language - Language and Law, 5 entries in the bibliography, language: English, abstract: The English language has taken over the key role in international trade, legislation and policy-making. It has achieved "the enhanced status ...] as the dominant world language which] has led to an increased demand for the training of competent specialists able to mediate" (Alcaraz Varo/Hughes, 2002: 1). This goes along with a "phenomenal increase in the teaching of ...] 'English for special (or specific) purposes' " (ibid.: 2). What is the reason for this development? This piece of work might give an answer; it dedicates itself to domain specific English language: language and law. It concentrates on the characteristics of the structure of legal English in particular. An overview of the central structural features is given, without claiming completeness. Legal professionals aim at a precise explanation of facts which should leave no doubts. This aim forces them to use a certain kind of language pattern, such as including a high amount of definitions in legal texts, along with numerous complex and ancient phrases deriving from Law French and plentiful enumerations which can all together form a single sentence covering several lines. Dependent on which party they represent, lawyers make frequent use of features that reduce the agent in his identity while emphasizing the action - a matter of strategy which has the impeding of comprehension as a consequence. Therefore, the field of law becomes completely unapproachable for laymen, who are scarcely able to follow legal discourse. Even well-educated native speakers often find it hard to understand the language used in court. However, the access to one's rights is important. To begin with, the reader will be provided with an




Legal Translation and the Dictionary


Book Description

This study concentrates on three major issues creating a basis for the making of the "Czech-English Law Dictionary with Explanations", namely language, including terminology, in both the Czech and Anglo-American systems of law; the process of legal translation; and the lexicographic method of producing a bilingual law dictionary. Terminology has been considered the most significant feature of language for legal purposes. It encompasses a wide range of special-purpose vocabulary and higher syntactic units, including legal jargon. Conceptual analysis is to be pursued whenever an identical term in the target language does not exist or its full equivalent is in doubt. Legal translation should be based primarily on comparative legal, linguistic and genre analysis in order to make the transfer of legal information as precise, accurate and comprehensible as possible. The primary objective of legal translation is for the target recipient to be provided as explicit, extensive and precise legal information in the target language as is contained in the source text, complemented (by the translator) with facts rendering the original information fully comprehensible in the different legal environment and culture. A dictionary which will help its users to produce legal texts in the target language should be founded upon a profound comparative legal and linguistic analysis that will (a) determine equivalents at the levels of vocabulary, syntax and genre, (b) select the appropriate lexicographic material to be included in the dictionary, and (c) create entries in a user-friendly manner.




Researching Language and the Law


Book Description

This volume reflects the latest work of scholars specialising in the linguistic and legal aspects of normative texts across languages (English, Danish, French, Italian, Spanish) and law systems. Like other domains of specialised language use, legal discourse is subject to the converging pressures of internationalisation and of emerging practices that destabilise well-established norms and routines. In an integrated, interdependent context, supranational laws, rules and procedures are gradually developed and harmonised to regulate issues that can no longer be dealt with by national laws alone, as in the case of the European Union. The contributors discuss the impact of such developments on the construction, evolution and hybridisation of legal texts, analysed both linguistically and from the practitioner's standpoint.




Language, Culture and the Law


Book Description

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