A Pragmatic Analysis of Legal Proofs of Criminal Intent

A Pragmatic Analysis of Legal Proofs of Criminal Intent
Author :
Publisher : John Benjamins Publishing
Total Pages : 196
Release :
ISBN-10 : 9027227160
ISBN-13 : 9789027227164
Rating : 4/5 (60 Downloads)

Synopsis A Pragmatic Analysis of Legal Proofs of Criminal Intent by : Sol Azuelos-Atias

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.

Legal Pragmatics

Legal Pragmatics
Author :
Publisher : John Benjamins Publishing Company
Total Pages : 288
Release :
ISBN-10 : 9789027264077
ISBN-13 : 9027264074
Rating : 4/5 (77 Downloads)

Synopsis Legal Pragmatics by : Dennis Kurzon

The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.

Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation

Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation
Author :
Publisher : Springer Science & Business Media
Total Pages : 1375
Release :
ISBN-10 : 9789048189908
ISBN-13 : 904818990X
Rating : 4/5 (08 Downloads)

Synopsis Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation by : Ephraim Nissan

This book provides an overview of computer techniques and tools — especially from artificial intelligence (AI) — for handling legal evidence, police intelligence, crime analysis or detection, and forensic testing, with a sustained discussion of methods for the modelling of reasoning and forming an opinion about the evidence, methods for the modelling of argumentation, and computational approaches to dealing with legal, or any, narratives. By the 2000s, the modelling of reasoning on legal evidence has emerged as a significant area within the well-established field of AI & Law. An overview such as this one has never been attempted before. It offers a panoramic view of topics, techniques and tools. It is more than a survey, as topic after topic, the reader can get a closer view of approaches and techniques. One aim is to introduce practitioners of AI to the modelling legal evidence. Another aim is to introduce legal professionals, as well as the more technically oriented among law enforcement professionals, or researchers in police science, to information technology resources from which their own respective field stands to benefit. Computer scientists must not blunder into design choices resulting in tools objectionable for legal professionals, so it is important to be aware of ongoing controversies. A survey is provided of argumentation tools or methods for reasoning about the evidence. Another class of tools considered here is intended to assist in organisational aspects of managing of the evidence. Moreover, tools appropriate for crime detection, intelligence, and investigation include tools based on link analysis and data mining. Concepts and techniques are introduced, along with case studies. So are areas in the forensic sciences. Special chapters are devoted to VIRTOPSY (a procedure for legal medicine) and FLINTS (a tool for the police). This is both an introductory book (possibly a textbook), and a reference for specialists from various quarters.

Colonial Discourse and Gender in U.S. Criminal Courts

Colonial Discourse and Gender in U.S. Criminal Courts
Author :
Publisher : Routledge
Total Pages : 296
Release :
ISBN-10 : 9780415899253
ISBN-13 : 0415899257
Rating : 4/5 (53 Downloads)

Synopsis Colonial Discourse and Gender in U.S. Criminal Courts by : Caroline Braunmühl

This book illuminates how "cultural evidence" ("evidence" regarding ethnicity) is negotiated by attorneys, witnesses, and defendants in criminal trials. Braunmühl argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure its origin in colonialist and patriarchal discourses, and has been biased against minorities as well as all women from its inception.

Shaping Minds

Shaping Minds
Author :
Publisher : John Benjamins Publishing
Total Pages : 161
Release :
ISBN-10 : 9789027206206
ISBN-13 : 9027206201
Rating : 4/5 (06 Downloads)

Synopsis Shaping Minds by : Guy Malcolm Ramsay

Mental illness is an increasing concern of government health services across the globe. It is timely, therefore, that community education about mental illness is subject to discourse analysis. Shaping Minds explores how the psychoeducational message is presented to Chinese-speaking audiences in China, Taiwan and Australia. The book uniquely examines community education materials in a language rarely examined by discourse analysts, but which is nevertheless spoken by around a fifth of the world's population and constitutes an important 'minority' language throughout the Western world. The book identifies the discursive features that characterise the Chinese-language texts and analyses them cross-culturally, highlighting the impact of cultural traditions, political systems and dominant conceptions of society. These insights into how Chinese-language community health pamphlets and handbooks are positioned to shape the minds of readers will engage both discourse analysts and mental health professionals providing services to Chinese-speaking communities across the globe.

The Discourse of Europe

The Discourse of Europe
Author :
Publisher : John Benjamins Publishing
Total Pages : 212
Release :
ISBN-10 : 9789027291806
ISBN-13 : 9027291802
Rating : 4/5 (06 Downloads)

Synopsis The Discourse of Europe by : Sharon Millar

In this volume we approach the question of what it is to be European by considering the way in which citizens talk about their everyday lives, as they are perceived against the background of Europe and European issues. Hence, the volume will offer insights into the rarely glimpsed micro political world of ordinary talk and explore the way in which such talk in social interaction and other spheres might help us understand what Europe means to a range of its citizens. Using a range of broadly discursive approaches we will touch on, inter alia, issues of identity, youth, borders, ethnicity, local politics, and minority languages. In the end, we suggest, it is a common sense view of pragmatic utility that centres what it is to be European, and this is something which is continually fluid and shifting within ever changing social, historical and political circumstances.

Analysing Identities in Discourse

Analysing Identities in Discourse
Author :
Publisher : John Benjamins Publishing
Total Pages : 219
Release :
ISBN-10 : 9789027290861
ISBN-13 : 9027290865
Rating : 4/5 (61 Downloads)

Synopsis Analysing Identities in Discourse by : Rosana Dolón

The discursive construction of identity is often under the control of the dominant forces in society and frequently results in forms of manipulation and abuse. This awareness led to the celebration of the First International Conference on CDA (València 2004), where over three-hundred academics working in the field of Critical Discourse Analysis became actively engaged in this important issue. The seven studies included in this volume have been selected as representative of those areas of human experience that have been given most intellectual attention and considered to be in fact in need for critical unravelling. Ethnic categorization in multicultural classrooms, patriotic discourse construction in Chinese readers, the denial of Palestinian identity in schoolbooks, the diverse constructions of European identities, Arabs constructing themselves on the worldwide web, identity construction in sexual assault trials, the representations of a dangerous ‘other’ in cases of PLWHAs, are the contextual perspectives embraced in this book to account for forms of power abuse in the discursive construction of identities.

Rhetoric in Detail

Rhetoric in Detail
Author :
Publisher : John Benjamins Publishing
Total Pages : 342
Release :
ISBN-10 : 9789027290847
ISBN-13 : 9027290849
Rating : 4/5 (47 Downloads)

Synopsis Rhetoric in Detail by : Barbara Johnstone

The eleven studies in this volume illustrate and advance the synthesis of discourse analysis with rhetorical studies. Rhetoric in Detail shows how a variety of techniques from discourse analysis can be useful in studying such concerns as agency, legitimation, controversy, and style, and how concepts from rhetoric including genre and figuration can enrich the work of discourse analysts. The authors’ research sites range from government commissions, political speeches, newspaper reports and letters to interviews and conversations in beauty salons and online. Methodological overviews interspersed throughout survey critical discourse analysis, interactional sociolinguistics, grounded theory, computer-aided corpus analysis, narrative analysis, and participant observation and provide suggestions for further reading. Rhetoric in Detail is an invaluable source for rhetoricians looking for systematic, grounded ways of approaching new, more vernacular sites for rhetorical discourse and for discourse analysts interested in seeing what they can learn from the tradition and practice of rhetorical analysis.

What We Remember

What We Remember
Author :
Publisher : John Benjamins Publishing
Total Pages : 258
Release :
ISBN-10 : 9789027206176
ISBN-13 : 9027206171
Rating : 4/5 (76 Downloads)

Synopsis What We Remember by : Mariana Achugar

This interdisciplinary monograph explores the discursive manifestations of the conflict over how to remember and interpret the actions of the military during the last dictatorship in Uruguay (1973-1985). Through the exploration of the discursive ways in which this powerful group represents past events and participants, we can trace the ideological struggle over how to reconstruct a traumatic past. By looking at memory as a social and discursive practice, the analysis identifies particular semiotic practices and linguistic patterns deployed in the construction of memory. The discursive description of what is remembered, how it is remembered, and who remembers serves to explain how the institution s construction of the past is transformed and maintained to respond to outside criticism and create an institutional identity as a lawful state apparatus. This book should interest discourse analysts, historians, sociologists and researchers in the field of transitional justice.

Arab News and Conflict

Arab News and Conflict
Author :
Publisher : John Benjamins Publishing
Total Pages : 240
Release :
ISBN-10 : 9789027288806
ISBN-13 : 9027288801
Rating : 4/5 (06 Downloads)

Synopsis Arab News and Conflict by : Samia Bazzi

The Arab-Israeli struggle is not only a struggle over land, but a struggle over language representations. Arab reporters as well as politicians believe that their political discourses about the Middle East conflict are objective, accurate, and credible. Arab News and Conflict critically examines the role of language in the representations of events and ideologies found in news media. Drawing on socio-political-linguistic approaches combined with real-case studies, the author offers a unique discourse analysis model for analysing politically sensitive language in the media. The focus in this study is on the Arab media discourse in times of conflict with Israel and the US, spanning the years 2001 to 2009. Using rich examples from outspoken Arab media outlets, the study explores ideological and language facts about the Arab-Israeli conflict. This book is compelling reading for students and researchers of media and cultural studies, discourse analysis and sociolinguistics, and translation. It is of equal interest to political analysts, political speakers, journalists, and news editors who need to understand more about the ideological function of the language they use or the political-journalistic-linguistic nexus of power.