Author : Esme Winter-Froemel
Publisher : Walter de Gruyter GmbH & Co KG
Page : 846 pages
File Size : 43,24 MB
Release : 2022-11-07
Category : Language Arts & Disciplines
ISBN : 3110668637
Discourse Traditions are a key concept of diachronic Romance linguistics. The present manual aims to establish this approach at an international level by assembling contributions that introduce its theoretical foundations, discuss connections with alternative approaches of text and discourse analysis, show the relevance of Discourse Traditions for the history of Romance languages, and explore possibilities for future applications of the concept.
Author : Janet Giltrow
Publisher : Walter de Gruyter GmbH & Co KG
Page : 359 pages
File Size : 13,96 MB
Release : 2017-06-12
Category : Language Arts & Disciplines
ISBN : 1501504681
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.
Author : Robert H. Bork
Publisher : American Enterprise Institute Press
Page : 32 pages
File Size : 23,92 MB
Release : 1984
Category : Law
ISBN :
Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
Page : 1133 pages
File Size : 44,19 MB
Release : 2020-09-24
Category : Law
ISBN : 0197516742
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Author : Shehnaz Haqqani
Publisher : Simon and Schuster
Page : 434 pages
File Size : 16,98 MB
Release : 2024-10-17
Category : Religion
ISBN : 0861548418
The Islamic tradition has always been flexible, changing over time and constantly adapting to the different societies Muslims find themselves in. Few Muslims today would abide by the fatwa against the printing press under the Ottomans. Moreover, although Islamic law legislates for slavery and child marriage, only a vanishing minority of Muslims consider these practices acceptable today – and some will even argue that Islam never permitted them. Yet some issues, like the prohibition on female-led prayer and female interfaith marriage seem curiously impervious to change. Why is that? Through a mixture of interviews with ordinary Muslims in Texas and critical analysis of contemporary and historical scholarship, Shehnaz Haqqani demonstrates the gendered dimensions of change and negotiation in Islamic tradition. She argues that a reliance on a mostly-male scholarly consensus means that the ‘tradition’ preserves male privilege at the expense of justice for Muslim women.
Author : Renata Grossi
Publisher : ANU Press
Page : 182 pages
File Size : 23,1 MB
Release : 2014-09-01
Category : Law
ISBN : 1925021823
This book examines the (in)visibility of romantic love in the legal discourse surrounding modern Australian marriage. It looks at how romantic love has become a core part of modernity, and a dominant part of the Western marriage discourse, and considers how the ideologies of romantic love are (or are not) replicated in the legal meaning of marriage. This examination raises two key issues. If love has become central to people’s understanding of marriage, then it is important for the legitimacy of law that love is reflected in both the content and application of the law. More fundamentally, it requires us to reconsider how we understand law, and to ask whether it is engaged with emotions, or separate from them. Along the way this book also considers the meaning of love itself in contemporary society, and asks whether love is a radical force capable of breaking down conservative meanings embedded in institutions like marriage, or whether it simply mirrors them. This book will be of interest to everyone working on love, marriage and sexuality in the disciplines of law, sociology and philosophy.
Author : Stephenson Chow
Publisher : BRILL
Page : 302 pages
File Size : 42,60 MB
Release : 2018-01-22
Category : Law
ISBN : 9004328580
Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.
Author : John M. Conley
Publisher : University of Chicago Press
Page : 262 pages
File Size : 28,62 MB
Release : 2019-05-10
Category : Law
ISBN : 022648453X
Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Author : Richard Mullender
Publisher : Routledge
Page : 266 pages
File Size : 45,48 MB
Release : 2020-05-12
Category : Law
ISBN : 1000066835
This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the ‘legal imagination.’ Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes ‘the transatlantic constitution’ and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future. The work provides stimulating reading for those working in the areas of legal philosophy, legal history and law and humanities and law and language.
Author : Pierre Legrand
Publisher : Cambridge University Press
Page : 532 pages
File Size : 11,1 MB
Release : 2003-08-14
Category : Law
ISBN : 110732033X
The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.
