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This book provides insights into the ways in which legal professionals participate in their day-to-day activities, and critically focuses on how language is used and exploited in everyday professional discourse. It is organised into two parts dealing with topic areas of legal discourse (written and spoken) relevant to professional practice and communication. The innovative research landscape offered by this book covers diverse and complex features of legal discourse construction where socially informed aspects of language use are negotiated by professional practices. Such features provide the wide scope for the critical study of legal language as a tool for social action, and set up a descriptive and interpretive framework for engaging with representations of legal discourses and genres where authority, power, ideology, as well as areas of hybridity, intertextuality, interdiscursivity and recontextualization are involved in legal discourse. This book brings together scholars from a wide academic spectrum around the globe with an interest in the intricacies of language and law as they play out in the real world. The book, therefore, offers both a resource and a stimulus to the wider readership.
Using a wide range of examples, this book examines the discourse of professional writing and its important role in society.
Why are doctors' prescriptions illegible and why is the language of the law considered impenetrable to outsiders? Need they be so? Is it more difficult for non-native speakers of English than native speakers to access the discourse of professions such as law and medicine? These are some of the questions covered by this book which uses the lens of stylistics to shed light on how the discourse of professional communities is used not just to convey meanings, but also to construct identity and demark membership. The volume focuses on the three domains of healthcare, law and education, as well as on the language of the new technologies, with the aim of showing how a knowledge of stylistics can provide the key for appropriate and acceptable language use, enabling successful communication and potential membership of professional communities.
This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.
This volume provides a stage for an extensive exploration of the interface between medicine, law and other disciplines or professions. It offers the reader opportunities to understand how this integrative, interactive interdisciplinary process can be examined through the lenses of language, discourse and communication. Contributions cover cross-wise issues raised by paradigmatic cases of bioethics and law, nursing ethics and law, pharmacy ethics and law, bioethics and religion, risk management and ethics, social inclusion and bioethics, and environmental ethics.
This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels. The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.
Professional Discourse gives a broad and multifaceted perspective on discourse in the professions. For each of these professions, the book explores the dual relationship between discourse and context, outlining how professional discourse is continuously reconstructed in relation to changing contextual frameworks. The case studies discussed in the book are based on authentic texts and spoken data, collected within different environments and related to different domains. The book includes discussion of both theory and methodology, thus providing tools for exercises and future studies. The reader is introduced to a variety of analytical approaches, that of textlinguistics, pragmatics, genre studies, sociolinguistics, interactional sociolinguistics and sociology, psycholinguistics and cognitive psychology. The book gives theoretically grounded and systematically investigated answers to questions of relevance for advanced learners, practitioners and academic scholars.
This volume provides a comprehensive overview of the research carried out over the past thirty years in the vast field of legal discourse. The focus is on how such research has been influenced and shaped by developments in corpus linguistics and register analysis, and by the emergence from the mid 1990s of historical pragmatics as a branch of pragmatics concerned with the scrutiny of historical texts in their context of writing. The five chapters in Part I (together with the introductory chapter) offer a wide spectrum of the latest approaches to the synchronic analysis of cross-genre and cross-linguistic variation in legal discourse. Part II addresses diachronic variation, illustrating how a diversity of methods, such as multi-dimensional analysis, move analysis, collocation analysis, and Darwinian models of language evolution can uncover new understandings of diachronic linguistic phenomena.
Why are doctors' prescriptions illegible and why is the language of the law considered impenetrable to outsiders? Need they be so? Is it more difficult for non-native speakers of English than native speakers to access the discourse of professions such as law and medicine? These are some of the questions covered by this book which uses the lens of stylistics to shed light on how the discourse of professional communities is used not just to convey meanings, but also to construct identity and demark membership. The volume focuses on the three domains of healthcare, law and education, as well as on the language of the new technologies, with the aim of showing how a knowledge of stylistics can provide the key for appropriate and acceptable language use, enabling successful communication and potential membership of professional communities.
Contemporary legal reasoning has more in common with fictional discourse than we tend to realize. Through an examination of the U.S. Supreme Court’s written output during a recent landmark term, this book exposes many of the parallels between these two special kinds of language use. Focusing on linguistic and rhetorical patterns in the dozens of reasoned opinions issued by the Court between October 2014 and June 2015, the book takes nonlawyer readers on a lively tour of contemporary American legal reasoning and acquaints legal readers with some surprising features of their own thinking and writing habits. It analyzes cases addressing a huge variety of issues, ranging from the rights of drivers stopped by the police to the decision-making processes of the Environmental Protection Agency—as well as the term’s best-known case, which recognized a constitutional right to marriage for same-sex as well as different-sex couples. Fiction and the Languages of Law reframes a number of long-running legal debates, identifies other related paradoxes within legal discourse, and traces them all to common sources: judges’ and lawyers’ habit of alternating unselfconsciously between two different attitudes toward the language they use, and a set of professional biases that tends to prevent scrutiny of that habit.