Law and Language: Current Legal Issues

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Michael Freeman, Fiona Smith
OUP Oxford, Feb 21, 2013 - Law - 625 pages
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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.
 

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Contents

An Introduction
1
A View from Current Pragmatic Theory
8
3 Linguistic Meaning and Legal Truth
34
4 Truth in Law
45
5 Language Truth and Law
62
The Limits of Philosophy of Language
79
A Systems Theory Approach to Language Translation and Communication
100
8 Frame Semantics and the Internal Point of View
115
A Reply to Sorensen
344
Status and Identity Rhetoric in Parenthood Disputes
356
22 Silence Speech and the Paradox of the Right to Remain Silent in American Police Interrogation
371
Consuming the Law Anthony Amatrudo
386
24 Language + Lawsup2 ?
400
25 MMORPGing Law and Lingo
417
No Need for Violence
434
27 Why Are NonUS Contracts Written in US Legalese? Some Preliminary Thoughts and a Research Agenda
457

9 Hart as Contextualist? Theories of Interpretation in Language and the Law
128
Talking about Virtue in Law and Literature
151
Language Law and Literature
164
Macaulay in India
187
13 Where be his quiddities now? Law and Language in Hamlet
201
Providing Space for Oppositionists?
221
15 Literal Interpretation and English Precedent in Joe Mas Lawyer Lawyer
246
16 Toward a Cognitive Science of Legal Interpretation
259
17 Do You Kick a Dog when its Down? Considering the Use of Childrens VideoRecorded Testimonies in Court
292
Surnames Children and Spouses
310
A Forensic CrossLinguistic Viewpoint
328
28 The Role of Parliamentary Rhetoric in Facilitating the Racial Effect of the Stop and Search Powers in Section 44 of the Terrorism Act 2000
466
The Linguistic Aspect
483
Educating Different Kinds of Lawyers
493
If Truth Be Told
513
32 FirstPerson Perspectives in Legal Decisions
533
33 Deaf People at the Old Bailey From the 18th Century Onwards
557
ProtoIndoEuropean Domination of Legal Language
571
35 Necessary Violence? Inscribing the Subject of Law
590
Subject Index
619
Name Index
623
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About the author (2013)

Michael Freeman is Emeritus Professor of English Law at University College London, UK. Fiona Smith is Senior Lecturer at University College London, UK.

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