基本説明
The book contains a broad range of essays by scholars interested in the interactions between law and language. It examines the themes of truth in language and the law, and the role of language in different areas of law, including contract and criminal law.
Full Description
Current Legal Issues, like its sister volume Current Legal Problems (now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.
Law and Language, the fifteenth volume in the Current Legal Issues series, offers an insight into the scholarship examining the relationship between language and the law. The issues examined in this book range from problems of interpretation and beyond this to the difficulties of legal translation, and further to non-verbal expression in a chapter tracing the use of sign language at the Old Bailey; it examines the role of language and the law in a variety of literary works, including Hamlet; and considers the interrelation between language and the law in a variety of contexts, including criminal law, contract law, family law, human rights law, and EU law.
Contents
1. Introduction: Law and Language ; 2. Legal Texts and Canons of Construction: A View from Current Pragmatic Theory ; 3. Linguistic Meaning and Legal Truth ; 4. Truth in Law ; 5. Language, Truth, and Law ; 6. Claims of Legal Authorities and 'Expressions of Intention': The Limits of Philosophy of Language ; 7. Legal Pluralism: A Systems Theory Approach to Language, Translation, and Communication ; 8. Frame Semantics and the 'Internal Point of View' ; 9. Hart as Contextualist? Theories of Interpretation in Language and the Law ; 10. On Goodness and Genre: Talking about Virtue in Law and Literature ; 11. The Grin's Cat: Language, Law, and Literature ; 12. Reading and Writing the Law: Macaulay in India ; 13. 'Where be his quiddities now?' Law and Language in Hamlet ; 14. Stories in Law: Providing Space for 'Oppositionists'? ; 15. Literal Interpretation and English Precedent in Joe Ma's Lawyer, Lawyer ; 16. Toward a Cognitive Science of Legal Interpretation ; 17. Do You Kick a Dog When It's Down? Considering the Use of Children's Video-taped Testimonies in Court ; 18. The Power of Naming: Surnames, Children, and Spouses ; 19. The Role of Language in Legal Contexts: A Forensic Cross-linguistic Viewpoint ; 20. Vagueness and Power-Delegation in Law: A Reply to Sorensen ; 21. Plato's Fertility Clinic: Status and Identity Rhetoric in Parenthood Disputes ; 22. Silence, Speech, and the Paradox of the Right to Remain Silent in American Police Interrogation ; 23. The Consumption of Legal Language: Consuming the Law ; 24. (Language + Law)2 = ? ; 25. MMORPGing, Law, and Lingo ; 26. Construing Commercial Contracts: No Need for Violence ; 27. Why Are Non-US Contracts Written in US Legalese? Some Preliminary Thoughts, and a Research Agenda ; 28. The Role of Parliamentary Rhetoric in Facilitating the Racial Effect of the Section 44 Terrorism Act 2000 Stop and Search Powers ; 29. Precedent at the Court of Justice of the European Union: the Linguistic Aspect ; 30. Law and Language(s) at the Heart of the European Project: Educating Different Kinds of Lawyers ; 31. Foreign Law in Translation: If Truth Be Told... ; 32. First-person Perspectives in Legal Decisions ; 33. Deaf People at the Old Bailey from the 18th Century Onwards ; 34. Rule of the Root: Proto-Indo-European Domination of Legal Language ; 35. Necessary Violence?: Inscribing the Subject of Law
