Search results for 'Law Language' (try it on Scholar)

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  1.  97
    Stephen Law (2004). Five Private Language Arguments. International Journal of Philosophical Studies 12 (2):159-176.
    This paper distinguishes five key interpretations of the argument presented by Wittgenstein in Philosophical Investigations I, §258. I also argue that on none of these five interpretations is the argument cogent. The paper is primarily concerned with the most popular interpretation of the argument: that which that makes it rest upon the principle that one can be said to follow a rule only if there exists a 'useable criterion of successful performance' (Pears) or 'operational standard of correctness' (Glock) for its (...)
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  2.  49
    Jules David Law (1993). The Rhetoric of Empiricism: Language and Perception From Locke to I.A. Richards. Cornell University Press.
    Introduction EMPIRICISM DOES NOT stand in very high repute among literary theorists these days. Regarded generally as a discredited philosophical paradigm ...
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  3. Vivien Law (2003). The History of Linguistics in Europe From Plato to 1600. Cambridge University Press.
    Authoritative and wide-ranging, this book examines the history of western linguistics over a 2000-year timespan, from its origins in ancient Greece up to the crucial moment of change in the Renaissance that laid the foundations of modern linguistics. Some of today's burning questions about language date back a long way: in 1400 BC Plato was asking how words relate to reality. Other questions go back just a few generations, such as our interest in the mechanisms of language change, (...)
     
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  4. Brian Bix (1993). Law, Language, and Legal Determinacy. Oxford University Press.
    This book discusses one of the central problems in the philosophy of law--the question of legal determinacy. Is the law a seamless web or are there gaps? Bix argues that the major re-thinking of the common and "common sense" views about law that have been proposed by various recent legal theories is unnecessary. He offers a reconsideration of the role of language in the law, and the way ideas about language have been used and misused in recent legal (...)
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  5. B. Sharon Byrd (2001). Introduction to Anglo-American Law & Language =. Beck.
    Unit I. Fundamental characteristics of the common law. The source of law -- The jury -- The adversary system of trial -- Retroactivity: a return to stare decisis -- Unit II. The courts and their jurisdiction. Court systems in the United States -- Court system in England -- Unit III. Constitutional law. Judicial review -- Equal protection -- Freedom of speech -- Appendix I. Constitution of the United States -- Appendix II. Table of Supreme Court cases -- Appendix III. Common (...)
     
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  6. William R. Bishin (1972). Law, Language, and Ethics. Mineola, N.Y.,Foundation Press.
     
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  7.  75
    Andrei Marmor & Scott Soames (eds.) (2011). Philosophical Foundations of Language in the Law. Oxford University Press, Usa.
    Machine generated contents note: -- 1. The Value of Vagueness, Timothy Endicott -- 2. Vagueness and the Guidance of Action, Jeremy Waldron -- 3. What Vagueness and Inconsistency tell us about Interpretation, Scott Soames -- 4. Textualism and the Discovery of Rights, John Perry -- 5. The Intentionalism of Textualism, Stephen Neale -- 6. Can the Law Imply More than It Says? On some pragmatic aspects of Strategic Speech, Andrei Marmor -- 7. Modeling Legal Rules, Richard Holton -- 8. Trying (...)
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  8.  40
    Despina Dokoupilova (2013). Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):315-339.
    This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent (...)
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  9.  2
    Leïla Choukroune (forthcoming). The Language of Rights and the Politics of Law: Perspectives on China’s Last Legal Ditch Struggle. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-25.
    Since Xi Jinping has taken office in 2012, China’s political repression has only but intensified so that the regime is definitively turning away from the 1990s legal reforms and the many expectations that followed in terms of rule of law and other rights fostering. In replacing these recent developments in a larger perspective including that of a “socialist harmonious society”, which had already shaded a particular light on Chinese reforms, this article proposes to envisage contemporary Chinese legal culture in an (...)
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  10.  30
    Hans Aarsleff (2011). Pufendorf and Condillac on Law and Language. Journal of the Philosophy of History 5 (3):308-321.
    This essay argues that Pufendorf conceived the principles of natural law against the rationalism and innatism of the 17th century, and that Condillac similarly formulated a conception of the human origin of language, both of them thus securing open and human foundations for the two primal institutions of law and language, and also making all citizens free agents in the ordering of communal living.
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  11.  20
    Graham Hubbs & Douglas Lind (eds.) (2013). Pragmatism, Law, and Language. Routledge.
    This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are (...)
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  12. John Gibbons (ed.) (1994). Language and the Law. Longman.
     
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  13.  6
    Kalpana Seshadri (2012). Humanimal: Race, Law, Language. University of Minnesota Press.
    First words on silence -- The secret of literary silence -- Law, "life/living," language -- Between Derrida and Agamben -- The wild child : politics and ethics of the name -- The wild child and scientific names -- HumAnimal acts : potentiality or movement as rest.
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  14.  5
    R. A. Duff (1998). Law, Language and Community: Some Preconditions of Criminal Liability. Oxford Journal of Legal Studies 18 (2):189-206.
    We can usefully distinguish the conditions of criminal liability (those conditions which must be satisfied if a defendant is to be duly convicted, with which a criminal trial is concerned) from its preconditions (those conditions which must be satisfied if the trial, as a process which aims to determine whether or not this person is criminally liable, is to be legitimate at all). Some of these preconditions concern the defendant's status as a rsponsible citizen, who can properly be called to (...)
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  15. Kalpana Seshadri-Crooks (2012). Humanimal: Race, Law, Language. University of Minnesota Press.
    First words on silence -- The secret of literary silence -- Law, "life/living," language -- Between Derrida and Agamben -- The wild child : politics and ethics of the name -- The wild child and scientific names -- HumAnimal acts : potentiality or movement as rest.
     
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  16. Kalpana Rahita Seshadri (2012). Humanimal: Race, Law, Language. Univ of Minnesota Press.
    _HumAnimal_ explores the experience of dehumanization as the privation of speech. Taking up the figure of silence as the space between human and animal, it traces the potential for an alternate political and ethical way of life beyond law. Employing the resources offered by deconstruction as well as an ontological critique of biopower, Kalpana Rahita Seshadri suggests that humAnimal, as the site of impropriety opened by racism and manifested by silence, can be political and hazardous to power. Through the lens (...)
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  17.  12
    Ramon Ferrer‐I.‐Cancho, Núria Forns, Antoni Hernández‐Fernández, Gemma Bel‐Enguix & Jaume Baixeries (2013). The Challenges of Statistical Patterns of Language: The Case of Menzerath's Law in Genomes. Complexity 18 (3):11-17.
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  18.  8
    Massimo Leone (2013). Intracultural Awareness in Legal Language—Silvio Berlusconi's Iconography of Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (3):579-595.
    Against the assumption that legal and normative systems are coextensive with geopolitical units and national spaces, the article advocates for the need to study how different legal and normative semiospheres, within the same geopolitical unit and national space, often give rise to ‘normolects’ that are transversal to socio-economic classes, ethnicities, and cultural lifestyles. The concept of legal and normative ‘imaginaries’ is useful to come to terms with the legal and normative semiotic ideology of such normolects, including their non-verbal dimension and (...)
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  19.  7
    Alan Durant (2015). Harold Berman: Law and Language. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):427-432.
    This review discusses Harold Berman’s, Law and Language, published by Cambridge University Press in 2013. It locates this short book in relation to Berman’s extensive body of publications in international and comparative law, and asks what contribution the book’s recent, posthumous publication can make to current debates over approaches to forensic linguistics. Particular attention is given to Berman’s conceptualisation of law as a ‘living language’, as well as to his coining of the term ‘communification’ to describe the value (...)
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  20. B. Sharon Byrd (2001). Introduction to Anglo-American Law & Language = Einfèuhrung in Die Anglo-Amerikansche Rechtssprache.
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  21.  4
    Phillip Chong Ho Shon (2000). John M. Conley and William M. O'Barr, Just Words: Law, Language, and Power. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 13 (1):115-119.
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  22.  4
    Andrei Marmor (2009). Social Conventions: From Language to Law. Princeton University Press.
    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. (...)
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  23.  54
    John Hund (1995). Brian Bix: Law, Language and Legal Determinacy. Mind 104 (416):885-889.
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  24.  9
    Christopher Hutton (2015). Andrei Marmor: The Language of Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):423-426.
    The animating idea behind this book is that “a better understanding of linguistic communication may help us to a better understanding of legal regulation” . While for Marmor the philosophy of language has played a foundational role in the philosophy of law, The Language of Law is concerned more narrowly with “linguistic communication as a means of conveying legal content” . In preliminary statements Marmor foregrounds his interest in “the linguistic aspects of legal directives”, specifically “the boundaries between (...)
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  25.  9
    Syntax Vol & Typology Grammaticalization (2012). Ameling, Walter, Et Al., Eds. Corpus Inscriptionum Iudaeae/Palaestinae. Vol. 2: Caesarea and the Middle Coast 1121–2160. Berlin: Walter de Gruyter, 2011. Xxiv+ 923 Pp. Numerous Black-and-White Figs., 5 Maps. Cloth, $195. Ando, Clifford. Law, Language, and Empire in the Roman Tradition. Philadelphia: University of Pennsylvania Press, 2011. Xi+ 168 Pp. Cloth, $49.95. [REVIEW] American Journal of Philology 133:339-342.
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  26.  16
    James B. Brady (1972). Law, Language and Logic: The Legal Philosophy of Wesley Newcomb Hohfeld. Transactions of the Charles S. Peirce Society 8 (4):246 - 263.
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  27.  7
    Jared Wessel (2010). International Law as Language—Towards a “Neo” New Haven School. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 23 (2):123-144.
    This paper examines the tension between the mainstream belief in international law as a source of objectivity distinct from politics and its new stream critics that question the validity of such a distinction. It is argued that, as a type of language, international law is not distinct from politics as a function of objectivity, but rather by the fact that it serves the international community’s thymos. The phenomena of global administrative law and NATO’s use of force in Kosovo are (...)
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  28.  3
    R. Henle (1994). Law, Language, and Legal Determinacy. By Brian Bix . 221 Pp. [REVIEW] American Journal of Jurisprudence 39 (1):493-497.
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  29. Howard Hsueh-Hao Chiang (2008). Diana Jeater, Law, Language, and Science: The Invention of the ‘Native Mind’ in Southern Rhodesia, 1890–1930. Portsmouth, NH: Heinemann, 2007. ISBN 978-0-325-07108-4. Pp. Xxii+274. £54.95, $94.95. [REVIEW] British Journal for the History of Science 41 (3).
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  30. R. A. Duff (1996). Penal Communications: Recent Work in the Philosophy of Punishment'. Tonry 1996: 1-97. 1998a.'Principle and Contradiction in the Criminal Law: Motives and Criminal Liability'. Duff 1998c: 156-204. 1998b.'Law, Language and Community: Some Preconditions of Criminal Liability'. [REVIEW] Oxford Journal of Legal Studies 18:189-206.
     
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  31. Barry L. Eichler & Yochanan Muffs (1997). Love and Joy: Law, Language, and Religion in Ancient Israel. Journal of the American Oriental Society 117 (4):721.
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  32. Aleksandar Jokic (2002). Activism, Language and International Law. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (1):107-120.
    The paper explores how language underscores our appreciation forinternational activism. An account of the tension between activismand international activism, especially in the context of thedeclarative and ``true'' character of the terms is offered. Thisis achieved through examining ``word games'' pertaining to theBalkan crisis with such expressions as ``democratic revolution'',``Serbian nationalism'', ``revenge killing'', and ``reverse ethniccleansing.'' The analysis points to a non-descriptive attitudinalcharacter of such phrases. Consequently, two defensive strategiesare suggested for international activists. First, they should getinformed on the history (...)
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  33. Chris Lloyd (forthcoming). Kalpana Rahita Seshadri: HumAnimal: Race, Law, Language. Feminist Legal Studies.
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  34. Patrick P. O'Neill (2009). Part I History, Law, Language and Literature-1 The Irish Role in the Origins of the Old English Alphabet: A Re-Assessment. Proceedings of the British Academy 157:3.
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  35. Andrei Marmor (2014). The Language of Law. Oxford University Press Uk.
    The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in (...)
     
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  36.  8
    Mary Neal (2012). Dignity, Law and Language-Games. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (1):107-122.
    The aim of this paper is to provide a preliminary defence of the use of the concept of dignity in legal and ethical discourse. This will involve the application of three philosophical insights: (1) Ludwig Wittgenstein’s notion of language-games; (2) his related approach to understanding the meanings of words (sometimes summarised as ‘meaning is use’); and (3) Jeremy Waldron’s layered understanding of property wherein ‘property’ consists in an abstract concept fleshed out in numerous particular conceptions. These three insights will (...)
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  37.  14
    Chris Knight (2007). Language Co-Evolved with the Rule of Law. Mind and Society 7 (1):109-128.
    Many scholars assume a connection between the evolution of language and that of distinctively human group-level morality. Unfortunately, such thinkers frequently downplay a central implication of modern Darwinian theory, which precludes the possibility of innate psychological mechanisms evolving to benefit the group at the expense of the individual. Group level moral regulation is indeed central to public life in all known human communities. The production of speech acts would be impossible without this. The challenge, therefore, is to explain on (...)
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  38. Yon Maley (1994). The Language of the Law. In John Gibbons (ed.), Language and the Law. Longman 11--50.
  39.  39
    Brian Bix (2010). Law and Language: How Words Mislead Us. Jurisprudence 1 (1):25-38.
    Our world is full of fictional devices that let people feel better about their situation - through deception and self-deception. The legal realist, Felix Cohen, argued that law and legal reasoning is full of similarly dubious labels and bad reasoning, though of a special kind. He argued that judges, lawyers and legal commentators allow linguistic inventions and conventions to distort their thinking. Like the ancient peoples who built idols out of stone and wood and then asked them for assistance and (...)
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  40.  27
    L. Morawski (1999). Law, Fact and Legal Language. Law and Philosophy 18 (5):461-473.
    This paper discusses the difference between the factual and the legal, both as to terms and as to statements, on the analogy of the methodologists' distinction of the observational and the theoretical. No absolute distinction exists, and pure `brute facts' do not exist in law because of the socialisation of physical world and juridification of the social world.; also, the effect of evidentiary constraints. Law/fact distinction depends on `applicability rules'. The problem of `mixed terms' is partly a matter of judicial (...)
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  41.  14
    Maksymilian T. Madelr, The Language of Law: Methods and Objects.
    This paper analyses two methods commonly used to understand legal language: deontic logic and the analysis of concepts taken as fundamental for any one or more areas of the law (sometimes called the philosophical foundations of law project). In doing so I introduce what I call the phenomenon of linguistic regress, and I do so in order to show why and how these methods necessarily fail as theories of legal language. I argue, in short, that any form of (...)
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  42.  3
    Andrew Halpin, Or, Even, What the Law Can Teach the Philosophy of Language: A Response to Green's Dworkin's Fallacy.
    This essay is a response to the important central theme of Michael Green's recent article, Dworkin's Fallacy, or What the Philosophy of Language Can't Teach Us about the Law, 89 Va. L. Rev. 1897 (2003), which considers the relationship between the philosophy of language and the philosophy of law. Green argues forcefully that a number of theorists with quite different viewpoints commonly maintain a connection between the two which turns out to be unfounded. It is accepted that it (...)
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  43.  1
    Gregory Messenger (2016). The Development of International Law and the Role of Causal Language. Oxford Journal of Legal Studies 36 (1):110-134.
    The international legal system accommodates a range of legal regimes that regulate a number of substantive areas of human behaviour, often accompanied by increasingly detailed institutional and normative frameworks. Within these regimes, international law develops under a range of influences, frequently interacting not only with other areas of international law but also regional or domestic law. This article questions the way in which we examine this process, seeking to clarify the morass of influences that affect it. In rejecting implicitly empirical (...)
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  44. J. Carroll (1994). Lawyer's Response to Language and Disadvantage Before the Law. In John Gibbons (ed.), Language and the Law. Longman 306--316.
     
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  45. John Gibbons (1994). Language and Disadvantage Before the Law. In Language and the Law. Longman
  46. John Gibbons (1994). Language Constructing Law. In Language and the Law. Longman 3--10.
     
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  47. Andrei Marmor & Scott Soames (eds.) (2013). Philosophical Foundations of Language in the Law. Oxford University Press Uk.
    This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this (...)
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  48. Gregory M. Matoesian (2001). Law and the Language of Identity: Discourse in the William Kennedy Smith Rape Trial. Oxford University Press Usa.
    Matoesian uses the 1991 rape trial of William Kennedy Smith to provide an in-depth analysis of language use and its role in that specific trial as well as the law in general. Examining both defense and prosecutorial linguistic strategies, he shows how language practices shape--and are shaped by--culture and the law.
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  49. Margaret O'Toole (1994). Lawyer's Response to Language Constructing Law. In John Gibbons (ed.), Language and the Law. Longman 188--91.
     
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  50.  30
    V. K. Bhatia, Christopher Candlin & Paola Evangelisti Allori (eds.) (2008). Language, Culture and the Law: The Formulation of Legal Concepts Across Systems and Cultures. Peter Lang.
    The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language ...
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