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New Frontiers in Forensic Linguistics
The field of forensic linguistics is a niche area that has not enjoyed much participation from the African continent. The theme of language and the law in this book is one that straddles two important aspects of the legal history of South Africa in particular, and how it has impacted on the country’s legal and education systems. The declaration, by the United Nations, of 2019 as ‘The International Year of Indigenous Languages’ is opportune, not only for the launch of this book, but for what its research content tells us of the strides taken in ensuring access to justice for all citizens of the world in a language they understand. The contributions by authors in this book tell the story of many African citizens, and those hailing from beyond our borders, who straddle the challenges of linguistic and legal pluralism in courtrooms across their respective countries. It is our hope that the contributions made in this book will assist in ensuring human rights become a reality for global citizens where indigenous voices have not been heard; and that these citizens will be free to give their testimonies in a language of their choice, and that they may be heard and understood.
eBook
Law, ontologies and the semantic web : channelling the legal information flood
This book about legal ontologies and Semantic Web applications has its roots in workshops and conferences on Artificial Intelligence (AI) and Law. The domain of law belongs to the early adopters of ontologies and semantic web technology to support its enormous and fast growing demand for effective information management; it is probably only surpassed in this respect by the bio-sciences. Having easy access to relevant legal information among the rising flood of legal documentation is not only the concern of legal practitioners. The life and work of citizens becomes more and more entangled with legal issues as well. This volume reflects the wisdom abstracted from experiences accumulated over more than a decade of research and development in this area. It contains a representative overview of the state-of-the-art, covering both theoretical aspects and practical systems. The latter has been an important driver of research in this area, which can be observed from the geographical origins: the work discussed is mainly European, due to R&D initiatives of the European Commission in the various Framework programs. The Semantic Web is not only an area of research, but also a worldwide project where easy-to-construct applications can directly find their communities of users. However, the semantics that are the engines for these applications are still the bottleneck in the development. Therefore one finds a large range of technologies and tricks to populate ontologies with machine understandable meaning of terms in this volume. This varies from the use of top-ontologies via design patterns to extraction of terms from text and alignment of existing terminologies. In fact, one may see this book not so much as the report of results of research, but rather as a specification of the elements of an emerging methodology for developing legal ontologies.
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Zugänge zur Rechtssemantik : Interdisziplinäre Ansätze im Zeitalter der Mediatisierung
\"How do we appropriately analyze the development of meaning in the law in an age of medialization? In this volume, experts from in linguistics, the media sciences, legal studies, and computer science examine this question in the context of jurisprudence, legislation, and legal scholarship. They describe qualitative and computer-assisted approaches to legal semantics to make a reflective contribution to juristic methodology and legal theory\" -- Provided by publisher
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Making the Law Explicit
Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence. At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandom’s normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandom’s philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002. ‘This book represents, on the one hand, a reception of Robert Brandom’s important theory including applications of this theory in the field of legal philosophy and, on the other, an exploration of the limits of an appeal in legal interpretation to the text. The enquiry thereby impinges upon the central juridico-philosophical themes of meaning, objectivity, and normativity. The author’s work counts as a significant contribution to analytical jurisprudence and is deserving of a wide readership.’ Robert Alexy, Professor for Public Law and Legal Philosophy, Kiel. ‘Klatt focuses on a very profound theory of concept formation and uses this theory in a creative way to solve classical problems of legal argumentation.’ Aleksander Peczenik
eBook
Epistemology and Method in Law
This book seeks to question the widely held assumption in Europe that to have knowledge of law is simply to have knowledge of rules. There is a knowledge dimension beyond the symbolic which reaches right into the way facts are perceived, constructed and deconstructed. In support of this thesis the book examines, generally, the question of what it is to have knowledge of law; and this examination embraces not just the conceptual foundations, methods, taxonomy and theories used by jurists. It also examines the epistemological schemes used by social scientists in general in order to show that such schemes are closely related to the schemes of intelligibility used by lawyers and judges.
Contents: The scope of legal epistemology; Scientia Iuris; Methodologies in law; Institutions and concepts; Facts and law; Taxonomy in law; Theories of liability; Schemes of intelligibility in Social Science; Concluding remarks; Bibliography; Index.
eBook
Research Methods in Legal Translation and Interpreting
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
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