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Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.
Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.
A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond is an interdisciplinary publication located in the discipline of forensic linguistics/ language and law. This handbook includes varying comparative African and global case studies on the use of language(s) in courtroom discourse and higher education institutions: Kenya; Morocco; Nigeria; Australia; Belgium Canada and India. These African and global case studies form the backdrop for the critique of the monolingual English language of record policy for South African courts, the core of this handbook, discussed in relation to case law and the beleaguered legal interpretation profession. This handbook argues that linguistic transformation and decolonisation of South Africa’s legal and higher education systems needs to be undertaken where legal practitioners are linguistically equipped to litigate in a bilingual/ multilingual courtroom that enables access to justice for the majority of African language speaking litigants, enforcing their constitutional language rights.
This volume addresses the intriguing issue of indirect reports from an interdisciplinary perspective. The contributors include philosophers, theoretical linguists, socio-pragmaticians, and cognitive scientists. The book is divided into four sections following the provenance of the authors. Combining the voices from leading and emerging authors in the field, it offers a detailed picture of indirect reports in the world’s languages and their significance for theoretical linguistics. Building on the previous book on indirect reports in this series, this volume adds an empirical and cross-linguistic approach that covers an impressive range of languages, such as Cantonese, Japanese, Hebrew, Persian, Dutch, Spanish, Catalan, Armenian, Italian, English, Hungarian, German, Rumanian, and Basque.
A wide-ranging guide to language and society in South Africa. The book surveys the most important language groupings in the region in terms of wider socio-historical processes; contact between the different language varieties; language and public policy issues associated with post-apartheid society and its eleven official languages.
This book argues that the state in Cabo Verde is illegible since its operations, procedures, and processes are carried out through Portuguese, a language that most of the people do not understand. Consequently, the illegible state produces grave political consequences in overall political participation and the quality of democracy.
This volume represents one of the first extensive studies that investigates the persistence of questions of race and racism in Italy from the liberal age to the present, through colonialism, Fascism and post-war Italy. It adopts an interdisciplinary perspective to investigate the intertwining of the cultural, social, legislative and political dynamics of discrimination in Italy’s past and present. Drawing upon the expertise of historians, political scientists, sociologists, scholars of literature and experts in cultural studies, the original essays collected in this volume show a remarkable continuity and the persistence of racism in the Italian cultural and political discourse, in society and in the representation of Others. They also speak of the shifting of practices of Othering from one group to another in different historical contexts.
This is an analysis of the promises and contradictions surrounding contemporary minority language policy. It draws on theoretical and real-world perspectives and interviews with key players within European institutions together with field work undertaken principally in Ireland, Scotland, Wales, the Basque Country, Catalonia and Canada.
The U. S. Constitution begins with the soaring words “We the People,” but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This “Civic Constitution” constitutes us as a civic body politic, transforming “the people” into a singular political entity. Juxtaposing this view with the legal model, the “Juridic Constitution,” John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation. Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn’s telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn's book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution.