By Michael Freeman, Fiona Smith
ISBN-10: 0199673667
ISBN-13: 9780199673667
Current felony Issues, like its sister quantity Current felony Problems (now on hand in magazine format), relies upon an annual colloquium held at collage university London. every year major students from all over the world assemble to debate the connection among legislation and one other self-discipline of proposal. every one colloquium examines how the exterior self-discipline is conceived in felony inspiration and argument, how the legislations is pictured in that self-discipline, and analyses issues of controversy within the use, and abuse, of extra-legal arguments inside of felony conception and practice.
Law and Language, the 15th quantity within the Current criminal Issues sequence, deals an perception into the scholarship studying the connection among language and the legislations. the problems tested during this ebook variety from difficulties of interpretation and past this to the problems of felony translation, and extra to non-verbal expression in a bankruptcy tracing using signal language on the outdated Bailey; it examines the function of language and the legislation in quite a few literary works, together with Hamlet; and considers the interrelation among language and the legislation in a number of contexts, together with legal legislation, agreement legislations, kin legislations, human rights legislations, and ecu legislation.
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Additional resources for Law and Language: Current Legal Issues Volume 15
Sample text
54 Sometimes this (or something very like it) seems to be what Scalia himself is getting at: ‘we do not really look for subjective legislative intent. e. 56 52 R. ’ Of course, wills are an easier kind of legal text with regard to the recovery of speaker meaning (m-intention), as they are usually the utterance of a single individual whose purpose is very circumscribed and the temporal-spatial distance between formulation, on the one hand, and interpretation and application, on the other, is usually much shorter than that of statutes (or constitutions).
While co-text (neighboring words/phrases) surely can and often does play an important role in how we interpret a given word or phrase, noting this doesn’t take us very far into the context issue and it’s not clear that we would want such a specific interpretive rule. In the case of Smith v United States, O’Connor turned to wider textual context (and an implicit appeal to textual coherence) to support her position. A later and related section of the same statute concerns the seizure and forfeiture of any ‘firearm and ammunitions intended to be used’ in any of several crimes, explicitly including illegal interstate transfer and trade of firearms.
4), for discussion of literalism and (several varieties of ) contextualism. 31), 144. 1), 49 discusses a number of ways in which speakers may fail to fulfil a maxim, some of which will be evident to hearers. 2. Robyn Carston 25 the ‘use of a firearm’ might have intended, expected, or hoped that the statute would reduce the occurrence of certain crimes, that it would lead to tighter control of gun licenses, that it would improve the safety of children, and so on, but it is not the recovery of these intentions that is the goal of the interpretive process, the process of ascertaining the meaning of the text.
Law and Language: Current Legal Issues Volume 15 by Michael Freeman, Fiona Smith
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