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"Legal language"
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Classical Rhetoric and Contemporary Law
by
Adamidis, Vasileios
,
Frank, David A
,
Larson, Brian N
in
LANGUAGE ARTS & DISCIPLINES
,
Law-Language
,
Rhetoric
2024
Pairs passages from works of classical rhetoric with contemporary legal rulings to highlight and analyze their deep and abiding connections in matters of persuasion
Classical Rhetoric and Contemporary Law: A Critical Reader is a rich work that analyzes the interplay between ancient rhetorical traditions and modern legal practice, reestablishing the lost connections between law and classical rhetoric. From Isocrates’s Panegyricus in 380 BCE to the landmark US Supreme Court case Trump v. Hawaii in 2018, and from Antiphon’s fifth century BCE First Tetralogy to 1995’s O. J. Simpson trial, the volume draws on an array of sources to illuminate how ancient rhetorical insights may even today challenge and enrich our grasp of contemporary legal principles.
The collection opens with a brisk review of the historical development of rhetoric. The second part examines a pair of rhetorical theorists whose works frame the period across which classical rhetoric declined as a mode of thought. A contemporary appellate case contrasts with the work of Giambattista Vico, an eighteenth-century professor of rhetoric who warned of the separation of law from rhetoric. The analysis of the work of twentieth-century scholars Chaïm Perelman and Lucie Olbrects-Tyteca shows that where Cartesian rationality fails, the humanistic tradition of rhetoric allows the law to respond to the needs of justice. In the third part, ten case studies bring together a classical rhetorical theorist with a contemporary court case, demonstrating the abiding relevance of the classical tradition to contemporary jurisprudence.
With its cross-disciplinary appeal, Classical Rhetoric and Contemporary Law encompasses the work of legal, rhetorical, English, and communication scholars alike, catalyzing interactive exploration into the profound ways ancient rhetorical insights continue to shape our comprehension of today’s legal landscape.
CONTRIBUTORS
Vasileios Adamidis / Elizabeth C. Britt / Kirsten K. Davis / David A. Frank / Michael Gagarin / Eugene Garver / Mark A. Hannah / Catherine L. Langford / Brian N. Larson / Craig A. Meyer / Francis J. Mootz III / Susan E. Provenzano / Nick J. Sciullo / Kristen K. Tiscione / Laura A. Webb
Research Methods in Legal Translation and Interpreting
by
Rosario Martín Ruano
,
Jan Engberg
,
Vilelmini Sosoni
in
Comparative Law
,
Finnish-Soviet treaties
,
Interpreting Studies
2019
The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity.
Chapter 2 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. https://tandfbis.s3-us-west-2.amazonaws.com/rt-files/docs/Open+Access+Chapters/9781138492103_oachapter2.pdf
Comparative Perspectives on Law and Language
2022
Law finds its roots in human experience and its expression in language.It cannot be administered, studied or taught without the instrumentality of language.The focus on language enlarges and deepens comparative studies.
Language and the Law
by
Heydon, Georgina
,
Ralarala, Monwabisi K
,
Kaschula, Russell H
in
Communication Studies
,
Forensic linguistics
,
Forensic linguistics-Africa
2022
Language and the Law: Global Perspectives in Forensic Linguistics from Africa and beyond is the third volume in a series of books designed to contribute and respond to growing interest in forensic linguistics or language and the law on the African continent. Drawing mostly on contexts where traditional African laws and Western laws are practised side-by-side, and where there are discontinuities between local knowledge systems, belief systems and language practices on the one hand, and official languages of law discourse, conceptualisation and jurisprudence documentation on the other, the chapters in this volume problematise, among other issues, the mediation practices (or lack thereof) of language and legal processes, discourse strategies and complexities in (mis)interpretations in second language court contexts and the miscarriage of justice that these may entail.
‘Firm’ Firma in the Meaning of Polish Legal Language: The Business Name under which the Entrepreneur Operates in Legal and Economic Transactions, or an Entrepreneur Przedsiębiorca? Selected Comments on the (Un) Reasonableness of the Use of the Word ‘Firm’ Firma in Various Substantive Meanings
2022
This article presents selected observations relating to the reasonableness of using the word ‘firm’ [Polish:
] in various substantive meanings in Polish legal language. First, attention is drawn to the basic meaning of the word ‘firm’ [
] in Polish legal language as a business name under which an entrepreneur [
] operates in legal transactions, which is synthetically (briefly) distinguished from the meaning in Polish legal language, especially of the word ‘entrepreneur’ [
]. It is then pointed out that in Polish legal and non-legal language, especially in everyday language and in the specialist language of economics and finance, as well as in management and quality sciences (including the language of practice of these areas of knowledge), a different meaning of the word ‘firm’ [
] is adopted: while in Polish legal language it is understood as the business name of an entrepreneur, in the non-legal language of the above-mentioned areas it is understood as meaning an entrepreneur (also in the context of the meaning given to it in selected foreign languages). This is the background for pointing to the use of the word ‘firm’ [
] in Polish legal language in the early 21st century not to define the business names of entrepreneurs conducting a strictly defined economic activity, but in a different sense – to define these entrepreneurs by introducing the concepts of an investment firm [
], a foreign investment firm [
] and an audit firm [
], assessing these legislative changes as a significant systemic inconsistency and formulating conclusions in this regard.
Journal Article