A Pragmatic Analysis of Legal Proofs of Criminal Intent
A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant's intention. There can be no doubt that this subject is worthy of a thorough investigation. A person's intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly either by evidence or by witnesses' testimonies. The defendant's intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.
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abstract law according Accused accused's actions actus reus addressee Aharon Barak Amendment 39 appellant appellant's argumentation theory average ordinary person Azuelos Barak behaviour Carmella causal relation cause characterized circumstances complainant concrete context convicted Criminal Appeal Docket criminal intent criminal law Critical Discourse Analysis deeds defence counsel defendant defendant's discussed in court Ducrot Eemeren evaluative barrier event expressed fact factual Fahed's framework Galena Grootendorst Haifa District Hebrew indictment institutionalized speakers interpretation Israel Israeli law Israeli legal system Jewish judge judge's judicial Kadmi knife language legal argumentation legal discourse legal norm legal-criminal lexemes lexical linguistic logical means measuring-rod mens rea mental element model strategy narrative negligence neighbour objective offence Penal Law Perelman point of view Police polyphony pragmatic prosecution prosecutor provocation reasonable Israeli reasonable person reconstruction relevant result screwdriver Section semantic sentence simultaneity social speech acts testimony text linguistics theory tion topoi topos translation ultimate narrator values vase verdict wife