language and the law language in social life

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Social Conventions

Author : Andrei Marmor
ISBN : 1400831652
Genre : Philosophy
File Size : 82. 43 MB
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Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct.

Language And The Law

Author : John Peter Gibbons
ISBN : 9781317894520
Genre : Language Arts & Disciplines
File Size : 82. 54 MB
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Explains and describes the ways that language use in the legal system can create inequality and disadvantage. It examines the three main areas where the two intersect: the central issue of the language of the law; the disadvantage which language can impose before the law, and forensic linguistics - the use of linguistic evidence in legal processes. Each section of the book is preceded by an introduction by the editor which sets the paper within a conceptual framework. Lawyer's opinions are not neglected even though the collection is written mainly by linguists. The section concludes with a lawyer's response, in which a prominent lawyer with a particular interest in the content of the section responds to the papers.

Misunderstanding In Social Life

Author : Juliane House
ISBN : 9781317877554
Genre : Language Arts & Disciplines
File Size : 53. 28 MB
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Misunderstanding is a pervasive phenomenon in social life, sometimes with serious consequences for people's life chances. Misunderstandings are especially hazardous in high-stakes events such as job interviews or in the legal system. In unequal power encounters, unsuccessful communication is regularly attributed to the less powerful participant, especially when those participants are members of an ethnic minority group. But even when communicative events are not prestructured by participants' differential positions in social hierarchies, misunderstandings occur at different levels of interactional and social engagement. Misunderstanding in Social Life examines such problematic talk in ordinary conversation and different institutional settings, including socializing events and story tellings, education and assessment activities, and interviews in TV news broadcasts, employment agencies, legal settings, and language testing. The analyzed interactions are located in a variety of sociocultural environments and conducted in a range of languages, including English, French, German, Hebrew, Japanese, such language varieties as Aboriginal Australian English and Maori New Zealand English, and nonnative varieties. The original studies included in this volume adopt a variety of theoretical perspectives, including discourse-pragmatic approaches, conversation analysis, interactional sociolinguistics, social constructionism, tropological and narrative analysis. They represent multiple views of misunderstanding as a multilayered discourse event.

The Oxford Handbook Of Language And Social Psychology

Author : Thomas M. Holtgraves
ISBN : 9780199838646
Genre : Psychology
File Size : 26. 85 MB
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Language pervades everything we do as social beings. It is, in fact, difficult to disentangle language from social life, and hence its importance is often missed. The emergence of new communication technologies makes this even more striking. People come to "know" one another through these interactions without ever having met face-to-face. How? Through the words they use and the way they use them. The Oxford Handbook of Language and Social Psychology is a unique and innovative compilation of research that lies at the intersection of language and social psychology. Language is viewed as a social activity, and to understand this complex human activity requires a consideration of its social psychological underpinnings. Moreover, as a social activity, the use and in fact the existence of language has implications for a host of traditional social psychological processes. Hence, there is a reciprocal relationship between language and social psychology, and it is this reciprocal relationship that defines the essence of this handbook. The handbook is divided into six sections. The first two sections focus on the social underpinnings of language, that is, the social coordination required to use language, as well as the manner in which language and broad social dimensions such as culture mutually constitute one another. The next two sections consider the implications of language for a host of traditional social psychological topics, including both intraindividual (e.g., attribution) and interindividual (e.g., intergroup relations) processes. The fifth section examines the role of language in the creation of meaning, and the final section includes chapters documenting the importance of the language-social psychology interface for a number of applied areas.

The Language Of Law School

Author : Elizabeth Mertz
ISBN : 0195346092
Genre : Language Arts & Disciplines
File Size : 66. 12 MB
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In this linguistic study of law school education, Mertz shows how law professors employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead.

Shakespeare S Legal Language

Author : B. J. Sokol
ISBN : 9780826492197
Genre : Literary Criticism
File Size : 73. 58 MB
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This encyclopedia-style dictionary explores early modern social life, legal thought, and the interactions within Shakespearean drama.

Language Meaning And The Law

Author : Christopher Hutton
ISBN : 9780748633524
Genre : Language Arts & Disciplines
File Size : 21. 67 MB
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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.

The Routledge Handbook Of Applied Linguistics

Author : James Simpson
ISBN : 9781136857980
Genre : Foreign Language Study
File Size : 40. 97 MB
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The Routledge Handbook of Applied Linguistics serves as an introduction and reference point to key areas in the field of applied linguistics. The five sections of the volume encompass a wide range of topics from a variety of perspectives: applied linguistics in action language learning, language education language, culture and identity perspectives on language in use descriptions of language for applied linguistics. The forty-seven chapters connect knowledge about language to decision-making in the real world. The volume as a whole highlights the role of applied linguistics, which is to make insights drawn from language study relevant to such decision-making. The chapters are written by specialists from around the world. Each one provides an overview of the history of the topic, the main current issues and possible future trajectory. Where appropriate, authors discuss the impact and use of new technology in the area. Suggestions for further reading are provided with every chapter. The Routledge Handbook of Applied Linguistics is an essential purchase for postgraduate students of applied linguistics. Editorial board: Ronald Carter, Guy Cook, Diane Larsen-Freeman and Amy Tsui.

Language In The Judicial Process

Author : Judith N. Levi
ISBN : 0306435519
Genre : Language Arts & Disciplines
File Size : 49. 17 MB
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Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.

Aboriginal Ways Of Using English

Author : Diana Eades
ISBN : 9781922059260
Genre : Language Arts & Disciplines
File Size : 85. 14 MB
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This new collection by Professor Diana Eades addresses the way non-traditional language Aboriginal speakers of English use and speak English. Here she draws together some of her best writing over the past thirty years. Older chapters are brought up to date with contemporary reflections, informed by her many years' experience in research and teaching as well as the practical applications of her scholarly work. The introduction includes an overview about Aboriginal ways of speaking English and the implications for both education and the law, as well as discussing the use of the term 'Aboriginal English'. To understand Aboriginal ways of speaking English leads to be better understanding Aboriginal identity, a better engagement in intercultural communication, and learning about the complexities of how English is used by and with Aboriginal people in the legal process. This is invaluable reading for university undergraduates in a range of disciplines but also postgraduate courses where theres little information available. Educated readers and students with or without a linguistics background will find the book accessible.

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