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"Rechtstaal."
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Translating law
The book examines legal translation, covering both theoretical and practical grounds and linguistic as well as legal issues. It analyses the basic skills and competence of the legal translator and various types of legal texts and is useful for translators, lawyers, linguistic and legal scholars working in a bilingual/multilingual legal context.
eBook
Language, meaning and the law
Language, Meaning, and the Law clearly covers debates concerning linguistic meaning and interpretation in relation to legal language. Law is an ideal domain for studying 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. This book argues that theoretical issues of concern to linguists, philosophers, literary theorists, and others are made vivid 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 between linguistics and 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.
eBook
Chinese law: a language perspective = Shuo fa
Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.
eBook
English Legal Terminology
Legal English is a professional language.This means that a good command of ordinary English does not make a student automatically proficient in legal English.Many foreign law students on English language programmes experience problems when suddenly all their lectures, textbooks, discussions and written work have to be in English.
eBook
Chinese Law
Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.
Deborah Cao is Senior Lecturer at the School of Languages and Linguistics, and also at the Socio-Legal Research Centre, Griffith University, Brisbane, Australia.
Contents: Introduction; What the Chinese said about law; Fazhi as rule of/by law; 'Ought to' as a legal performative; Rights talk in Chinese; Chinese law and imprecise language; Doing things with words in the constitution; Chinese lawmaking as a communicative act; Translating law over space and time; Last words; Appendix; Bibliography; Index.
eBook
Questions and answers in the English courtroom (1640-1760) : a sociopragmatic analysis
This book belongs to the rapidly growing field of historical pragmatics. More specifically, it aims to lend definition to the area of historical sociopragmatics. It seeks to enhance our understanding of the language of the historical courtroom by documenting changes to the discursive roles of the most active participant groups of the English courtroom (e.g. the judges, lawyers, witnesses and defendants) in the period 1640-1760. Although the primary focus is on questions and answers, this book also analyses the use of eliciting and non-eliciting devices (e.g. requests and commands) as a means of demonstrating similarities and differences over time. Particular strengths of this work include the study of different types of trial, making the results potentially more representative of the courtroom in general, and the innovative discourse analytic approach, which blends corpus methodology and sociopragmatic analysis, thereby enabling the quantitative analysis of functional phenomena.
eBook
Re-Establishing Justice
In this very significant work, translated from the Italian, Bovati examines in careful detail the practice of justice in ancient Israel, first the bilateral controversy (the rib), and then the legal judgement properly speaking.\"Re-establishing Justice\" is destined to become the standard reference work in the field.The contents deal with 1.
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Sermo Iuris: Rechtssprache und Recht in der augusteischen Dichtung
Law played a key role in the workings of Roman culture, and legal discourse was important even in non-legal Latin literature. A proper understanding of that literature requires an investigation of the ways legal language is used. Nevertheless, legal elements have so far been widely neglected by scholars of Latin literature, in particular Augustan poetry. After an examination of legal language as a technical discourse and its role in Latin prose, the present book is devoted to a detailed analysis of legal language and imagery in the work of the Augustan poets. It will, therefore, allow for a better appreciation of these poems as well as of their significance for Augustan culture in the broad sense.In der römischen Kultur ist das Recht von zentraler Bedeutung, und Rechtsdiskurse spielen auch in der auerjuristischen Literatur eine prominente Rolle. Für das Verständnis der lateinischen Literatur ist die Betrachtung ihres Umgangs mit der Rechtssprache daher unerlässlich. Dennoch haben die rechtlichen Elemente in diesen Texten bislang kaum Beachtung gefunden. Dies gilt insbesondere für die augusteische Dichtung. Das vorliegende Buch geht zunächst der Frage nach, inwieweit die Rechtssprache von den Römern selbst als Fachsprache wahrgenommen wurde, und betrachtet ihre Verwendung im gemeinsprachlichen Kontext römischer Prosaschriften. Im Mittelpunkt steht die Analyse von Sprache und Bildwelt des Rechts in den Werken der augusteischen Dichter. Die Arbeit trägt damit zu einem besseren Verständnis dieser Gedichte und ihrer Bedeutung im Rahmen der augusteischen Kultur bei.
eBook
Introduction to Classical Legal Rhetoric
Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.
Michael H. Frost is Professor at the Southwestern University School of Law, Los Angeles, California, USA.
Contents: Greco-Roman rhetoric: the canon and its history; Greco-Roman legal analysis: the topics of invention; Brief rhetoric: classical principles of organization; Ethos, pathos and legal audience; Greco-Roman analysis of metaphoric reasoning; Greco-Roman elements of forensic style; The rhetoric of dissent: a Greco-Roman analysis; Bibliography; Index.
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