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The Pragmatic Turn in Law: Inference and Interpretation in Legal Discourse (Mouton Series in Pragmatics [MSP], 18) - Hardcover
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Synopsis
This collection of contributions from both linguists and lawyers brings a pragmatic perspective to the linguistic basis for legal meaning and for finding a norm by which to decide a case. That is, it turns from notions of linguistic meaning as residing in the text, as literal meaning waiting to be dug out, to focus instead on how readers infer pragmatic meaning, and on the kinds of inferencing that characterise legal discourse.
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About the Author
Dieter A. Stein, Heinrich-Heine-Universitaet Duesseldorf, Germany; Janet Giltrow, University of British Columbia, Canada
Review
"The legal mosaic from different cultures offered in the volume does not give an impression of an incoherent mixture. Rather, it forms a multifaceted picture and assists readers in understanding theoretical and conceptual issues that are culture-independent. [...] Therefore, the book can gain international readership, including legal linguists, discourse analysts, legal practitioners and legal philosophers."
Tatiana Dubrovskaya in: Discourse Studies 20(5) (2018), 688-699
"[...] the book is a work of high quality and isightful significance. Such a volume provides an opportunity for academics and practitioners to work handein-hand to explore how legal discourse is orientated towards the pragmatic perspective, involving inference and interpretation in legal language use, or the relationship between language and law."
Xianbing Xe in: Journal of Pragmatics 135 (2018), 1-3
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- PublisherDe Gruyter Mouton
- Publication date2017
- ISBN 10 1501513265
- ISBN 13 9781501513268
- BindingHardcover
- Edition number1
- Number of pages384
- EditorGiltrow Janet, Stein Dieter
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De Gruyter Mouton Jun 2017, 2017
ISBN 10: 1501513265
ISBN 13: 9781501513268
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Buch. Condition: Neu. This item is printed on demand - it takes 3-4 days longer - Neuware -In legal interpretation, where does meaning come from Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its 'pragmatic turn' towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making.With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers ? the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, ? beyond the letter of the law.This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law.In many respects, the problem of literal vs. pragmatic? meaning confined to the text vs. reaching beyond it ? will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning. 388 pp. Englisch. Seller Inventory # 9781501513268
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Gebunden. Condition: New. Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. The legal mosaic from different cultures offered in the volume does not give an impression of an incoherent mixture. Rather, it forms a multifaceted picture and assists readers in understanding theoretical and conceptual issues that are culture-independ. Seller Inventory # 133369412
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Buch. Condition: Neu. Druck auf Anfrage Neuware - Printed after ordering - In legal interpretation, where does meaning come from Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its 'pragmatic turn' towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making.With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers ? the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, ? beyond the letter of the law.This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law.In many respects, the problem of literal vs. pragmatic? meaning confined to the text vs. reaching beyond it ? will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning. Seller Inventory # 9781501513268
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