Results for 'Law Language'

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  1. Law, Language, and Legal Determinacy.Brian Bix - 1993 - 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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  2.  24
    Law, Language and Community: Some Preconditions of Criminal Liability.R. A. Duff - 1998 - 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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  3.  11
    Humanimal: Race, Law, Language.Kalpana Seshadri - 2011 - 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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  4. Law, Language, and Ethics.William R. Bishin - 1972 - Mineola, N.Y., Foundation Press.
     
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  5. Law, Language and Legal Determinacy.Brian Bix - 1998 - Philosophical Quarterly 48 (192):404-406.
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  6.  25
    Law, Language and Logic: The Legal Philosophy of Wesley Newcomb Hohfeld.James B. Brady - 1972 - Transactions of the Charles S. Peirce Society 8 (4):246 - 263.
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  7.  12
    Law, Language, and Legal Determinacy. By Brian Bix . 221 Pp. [REVIEW]R. Henle - 1994 - American Journal of Jurisprudence 39 (1):493-497.
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  8. Introduction to Anglo-American Law & Language =.B. Sharon Byrd - 2001 - 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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  9. Humanimal: Race, Law, Language.Kalpana Rahita Seshadri - 2012 - 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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  10.  1
    Humanimal: Race, Law, Language.Kalpana Seshadri-Crooks - 2011 - 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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  11.  11
    Kalpana Rahita Seshadri: HumAnimal: Race, Law, Language: University of Minnesota Press, Minneapolis, 2012, 309 Pp, 1 B&W Photo, Price: $25 , ISBN: 9780816677894.Chris Lloyd - 2016 - Feminist Legal Studies 24 (1):107-110.
  12. The Language of Law.Andrei Marmor - 2014 - 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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  13. Introduction to Anglo-American Law & Language = Einfèuhrung in Die Anglo-Amerikansche Rechtssprache.B. Sharon Byrd - 2001
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  14.  66
    Brian Bix: Law, Language and Legal Determinacy.John Hund - 1995 - Mind 104 (416):885-889.
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  15.  6
    Love and Joy: Law, Language, and Religion in Ancient Israel.Barry L. Eichler & Yochanan Muffs - 1997 - Journal of the American Oriental Society 117 (4):721.
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  16.  4
    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]Howard Chiang - 2008 - British Journal for the History of Science 41 (3):453-455.
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  17.  8
    Language and Law: Brevity and Drafting in Law, Business, and the Social Sciences.Joseph Shattah - 2019 - Studies in Logic, Grammar and Rhetoric 58 (1):155-171.
    In this paper, the author intends to present an approach against lengthy contracts, judgements, and pleadings. He describes the advantages of brevity, conciseness, and plain English, focusing on research in Israel and abroad. An extreme example of how a whole page may be condensed into one sentence is provided by the author, as well as the opinion of a Supreme Court Chief Justice regarding methods to be used in writing good judgments, and a lawyer’s proposal to summarize pleadings. In the (...)
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  18.  58
    Law and Language.Timothy A. O. Endicott - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford: Oxford University Press. pp. 935-968.
    The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (...)
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  19.  24
    Social Conventions: From Language to Law.Andrei Marmor - 2009 - 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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  20.  4
    Simplicity, Language-Dependency and the Best System Account of Laws.Billy Wheeler - 2016 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 31 (2):189-206.
    It is often said that the best system account of laws needs supplementing with a theory of perfectly natural properties. The ‘strength’ and ‘simplicity’ of a system is language-relative and without a fixed vocabulary it is impossible to compare rival systems. Recently a number of philosophers have attempted to reformulate the BSA in an effort to avoid commitment to natural properties. I assess these proposals and argue that they are problematic as they stand. Nonetheless, I agree with their aim, (...)
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  21.  7
    Language and the Law.John Gibbons (ed.) - 1994 - Longman.
  22.  52
    Normativity in Language and Law.Alex Silk - forthcoming - In David Plunkett, Kevin Toh & Scott Shapiro (eds.), Dimensions of Normativity: New Essays on Metaethics and Jurisprudence. Oxford University Press.
    This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...)
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  23.  23
    The Languages of the Law: An Integrated View From Vico and Conceptual Metaphor Theory. [REVIEW]Marcel Danesi - 2012 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 25 (1):95-106.
    Work on the relation between figurative language and the law is a fairly recent trend, within legal discourse studies, linguistics, and semiotics. The work in conceptual metaphor theory, for example, is starting to unpack the underlying metaphorical and metonymic structure of legal language, producing some new and important insights into the nature of this language. Missing from this emerging line of inquiry are the views of the Neapolitan philosopher Giambattista Vico, who was the first to understand the (...)
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  24.  88
    Simplicity, Language-Dependency and the Best System Account of Laws.Billy Wheeler - 2014 - Theoria : An International Journal for Theory, History and Fundations of Science 31 (2):189-206.
    It is often said that the best system account of laws needs supplementing with a theory of perfectly natural properties. The ‘strength’ and ‘simplicity’ of a system is language-relative and without a fixed vocabulary it is impossible to compare rival systems. Recently a number of philosophers have attempted to reformulate the BSA in an effort to avoid commitment to natural properties. I assess these proposals and argue that they are problematic as they stand. Nonetheless, I agree with their aim, (...)
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  25.  23
    Law as Language (in Contemporary Analytic Philosophy).Jose Juan Moreso & Samuele Chilovi - manuscript
  26. Philosophical Foundations of Language in the Law.Andrei Marmor & Scott Soames (eds.) - 2011 - 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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  27.  27
    Language Co-Evolved with the Rule of Law.Chris Knight - 2007 - 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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  28.  22
    Dignity, Law and Language-Games.Mary Neal - 2012 - 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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  29.  25
    Language Learning, Power Laws, and Sexual Selection.Ted Briscoe - 2008 - Mind and Society 7 (1):65-76.
    I discuss the ubiquity of power law distributions in language organisation (and elsewhere), and argue against Miller’s (The mating mind: How sexual choice shaped the evolution of human nature, William Heinemann, London, 2000) argument that large vocabulary size is a consequence of sexual selection. Instead I argue that power law distributions are evidence that languages are best modelled as dynamical systems but raise some issues for models of iterated language learning.
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  30.  26
    Law, Love and Language.Herbert McCabe - 1968 - Sheed & Ward.
    What is ethics all about? In this book Herbert McCabe suggests that it is about loving, obeying laws, and talking to people.
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  31. The Language of the Law.Yon Maley - 1994 - In John Gibbons (ed.), Language and the Law. Longman. pp. 11--50.
  32.  14
    The Global Language of Human Rights: A Computational Linguistic Analysis.David S. Law - 2018 - The Law and Ethics of Human Rights 12 (1):111-150.
    Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language (...)
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  33.  2
    Language and Law in Multiethnic Societies: The Case of Transylvania.Emőd Veress - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):929-944.
    Transylvania is a multiethnic society that was part of the Hungarian legal space for centuries. Still, after the WWI, this territory became part of Romania, alongside with a significant number of Hungarian-speaking minority population. What happened with Hungarian as a legal language after the annexation of Transylvania to Romania? The article deals with the history and current status of Hungarian legal language in Romania, emphasizing the frequent contradictions between legal texts and realities, the importance of political context, and (...)
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  34.  36
    Detachment and Deontic Language in Law.Robert Mullins - 2018 - Law and Philosophy 37 (4):351-384.
    Some legal philosophers regard the use of deontic language to describe the law as philosophically significant. Joseph Raz argues that it gives rise to ‘the problem of normativity of law’. He develops an account of what he calls ‘detached’ legal statements to resolve the problem. Unfortunately, Raz’s account is difficult to reconcile with the orthodox semantics of deontic language. The article offers a revised account of the distinction between committed and detached legal statements. It argues that deontic statements (...)
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  35. Law and Language.Timothy A. O. Endicott - 2002 - In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
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  36.  19
    Translating Legal Language and Comparative Law.Jaakko Husa - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (2):261-272.
    Legal texts are in the focus of both lawyers and translators. This paper discusses the binary opposition of these two views especially in the light of contract law. There is one crucial epistemic difference between the point of view of the translator and the lawyer when it comes to the interpretation of legal texts. In the translator’s view legal text is traditionally conceived as static as to its nature; something that already exists in the form of text. Traditionally, the translator (...)
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  37.  16
    John M. Conley and William M. O'Barr, Just Words: Law, Language, and Power.Phillip Chong Ho Shon - 2000 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 13 (1):115-119.
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  38.  22
    Bruce O’Brien and Barbara Bombi, Eds., “Textus Roffensis”: Law, Language, and Libraries in Early Medieval England. Turnhout: Brepols, 2015. Pp. Xiv, 415; 10 Black-and-White Figures, 1 Map, and 16 Tables. €100. ISBN: 978-2-503-54233-1. [REVIEW]Nicholas P. Schwartz - 2017 - Speculum 92 (4):1226-1228.
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  39.  51
    Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State. [REVIEW]Despina Dokoupilova - 2013 - 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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  40.  19
    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]Syntax Vol & Typology Grammaticalization - 2012 - American Journal of Philology 133:339-342.
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  41. Five Private Language Arguments.Stephen Law - 2004 - 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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  42. 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]R. A. Duff - 1996 - Oxford Journal of Legal Studies 18:189-206.
     
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  43.  12
    Rights, Laws and Language.Amartya Sen - 2011 - Oxford Journal of Legal Studies 31 (3):437-453.
    Words have meanings, often more than one. Many words also have evocative power and communicative reach. It is important to look beyond the legal route in making human rights more effective, and to endorse but proceed beyond human rights being seen as motivation only for legislation (the particular connection on which Herbert Hart commented). Within the legal route itself there is the important issue of interpretation of law that can stretch beyond the domain of fresh legislation. In assessing the ‘originalist’ (...)
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  44.  24
    Natural Law as a Language for the Ethics of War.James T. Johnson - 1975 - Journal of Religious Ethics 3 (2):217-242.
    To assess the utility of appeals to natural law as a way of projecting ethical claims across ideological and cultural boundaries, three examples of such appeals in just war theory are critically analyzed and evaluated: those of contemporary international lawyers Myres McDougal and Florentino Feliciano, theological ethicist Paul Ramsey, and Franciscus de Victoria, a sixteenth-century Spanish theorist whose recasting of Christian just war thought gave rise to secular international law. The conclusion is that natural-law appeals today can no longer depend (...)
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  45.  9
    Legal Languages – A Diachronic Perspective.Aleksandra Matulewska - 2018 - Studies in Logic, Grammar and Rhetoric 53 (1):195-212.
    The aim of the article is to discuss the legal language transformations from a diachronic perspective taking into account the following factors: spatial and temporal, linguistic norm changes, political, social, and globalization as well as EU-induced. Spatial and temporal factors include legal relations influenced by climate and the cycles of nature. Linguistic factors include spelling reforms and grammatical changes each language undergoes, for example, as a result of usage. As far as the law is concerned, normative changes can (...)
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  46.  6
    The Language of English Law.George E. Woodbine - 1943 - Speculum 18 (4):395-436.
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  47.  15
    The Law and the New Language of Tolerance.Antoine Garapon - 1996 - Diogenes 44 (176):71-89.
  48.  17
    Zipf’s Law of Abbreviation and the Principle of Least Effort: Language Users Optimise a Miniature Lexicon for Efficient Communication.Jasmeen Kanwal, Kenny Smith, Jennifer Culbertson & Simon Kirby - 2017 - Cognition 165:45-52.
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  49. Vagueness in Law and Language: Some Philosophical Issues.Jeremy Waldron - 1994 - California Law Review 82 (1):509.
  50.  33
    Intersections Between Law and Language: Disciplinary Concepts in Second Language Legal Literacy.Alissa J. Hartig - 2016 - Studies in Logic, Grammar and Rhetoric 45 (1):69-86.
    Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 69-86.
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