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The Legal Language Of Scottish Burghs

Author: Joanna Kopaczyk
Publisher: Oxford University Press
ISBN: 0190243317
Size: 25.20 MB
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This book offers an innovative, corpus-driven approach to historical legal discourse. It is the first monograph to examine textual standardization patterns in legal and administrative texts on the basis of lexical bundles, drawing on a comprehensive corpus of medieval and early modern legal texts. The book's focus is on legal language in Scotland, where law--with its own nomenclature and its own repertoire of discourse features--was shaped and marked by the concomitant standardizing of the vernacular language, Scots, a sister language to the English of the day. Joanna Kopaczyk's study is based on a unique combination of two methodological frameworks: a rigorous corpus-driven data analysis and a pragmaphilological, context-sensitive qualitative interpretation of the findings. Providing the reader with a rich socio-historical background of legal discourse in medieval and early modern Scottish burghs, Kopaczyk traces the links between orality, community, and law, which are reflected in discourse features and linguistic standardization of legal and administrative texts. In this context, the book also revisits important ingredients of legal language, such as binomials or performatives. Kopaczyk's study is grounded in the functional approach to language and pays particular attention to referential, interpersonal, and textual functions of lexical bundles in the texts. It also establishes a connection between the structure and function of the recurrent patterns, and paves the way for the employment of new methodologies in historical discourse analysis.

Speaking Of Language And Law

Author: Lawrence Solan
Publisher: Oxford University Press
ISBN: 0199334196
Size: 41.38 MB
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Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.

Entextualizing Domestic Violence

Author: Jennifer Andrus
Publisher: Oxford University Press
ISBN: 0190266414
Size: 22.66 MB
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Language ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.

Spoken And Written Language

Author: Mary Garrison
Publisher: Brepols Pub
ISBN: 9782503507705
Size: 47.77 MB
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The linguistic situation of medieval Europe has sometimes been characterized as one of diglossia: one learned language, Latin, was used for religion, law, and documents, while the various vernaculars were used in other linguistic registers. Informing the relationship between Latin and the vernaculars was the choice of Latin as the language of the Western Roman Empire and the Roman Church. This choice entailed the possibility of a shared literary culture and heritage across Europe, but also had consequences for access to that heritage. Scholarship on the Romance languages has contested the relevance of the term diglossia, and the divergence between written or spoken Latin and Romance is a subject of energetic debate. In other linguistic areas, too, questions have been voiced. How can one characterize the interaction between Latin and the various vernaculars, and between the various vernaculars themselves? To what extent could speakers from separate linguistic worlds communicate? These questions are fundamental for anyone concerned with communication, the transmission of learning, literary history, and cultural interaction in the Middle Ages. This volume contains contributions by historians, cultural historians, and students of texts, language, and linguistics, addressing the subject from their various perspectives but at the same time trying to overcome familiar disciplinary divisions.