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The Legal Epic: "Paradise Lost" and the Early Modern Law
by Alison A. ChapmanThe seventeenth century saw some of the most important jurisprudential changes in England’s history, yet the period has been largely overlooked in the rich field of literature and law. Helping to fill this gap, The Legal Epic is the first book to situate the great poet and polemicist John Milton at the center of late seventeenth-century legal history. Alison A. Chapman argues that Milton’s Paradise Lost sits at the apex of the early modern period’s long fascination with law and judicial processes. Milton’s world saw law and religion as linked disciplines and thought therefore that in different ways, both law and religion should reflect the will of God. Throughout Paradise Lost, Milton invites his readers to judge actions using not only reason and conscience but also core principles of early modern jurisprudence. Law thus informs Milton’s attempt to “justify the ways of God to men” and points readers toward the types of legal justice that should prevail on earth. Adding to the growing interest in the cultural history of law, The Legal Epic shows that England’s preeminent epic poem is also a sustained reflection on the role law plays in human society.
The Legal Epic: "Paradise Lost" and the Early Modern Law
by Alison A. ChapmanThe seventeenth century saw some of the most important jurisprudential changes in England’s history, yet the period has been largely overlooked in the rich field of literature and law. Helping to fill this gap, The Legal Epic is the first book to situate the great poet and polemicist John Milton at the center of late seventeenth-century legal history. Alison A. Chapman argues that Milton’s Paradise Lost sits at the apex of the early modern period’s long fascination with law and judicial processes. Milton’s world saw law and religion as linked disciplines and thought therefore that in different ways, both law and religion should reflect the will of God. Throughout Paradise Lost, Milton invites his readers to judge actions using not only reason and conscience but also core principles of early modern jurisprudence. Law thus informs Milton’s attempt to “justify the ways of God to men” and points readers toward the types of legal justice that should prevail on earth. Adding to the growing interest in the cultural history of law, The Legal Epic shows that England’s preeminent epic poem is also a sustained reflection on the role law plays in human society.
The Legal Epic: "Paradise Lost" and the Early Modern Law
by Alison A. ChapmanThe seventeenth century saw some of the most important jurisprudential changes in England’s history, yet the period has been largely overlooked in the rich field of literature and law. Helping to fill this gap, The Legal Epic is the first book to situate the great poet and polemicist John Milton at the center of late seventeenth-century legal history. Alison A. Chapman argues that Milton’s Paradise Lost sits at the apex of the early modern period’s long fascination with law and judicial processes. Milton’s world saw law and religion as linked disciplines and thought therefore that in different ways, both law and religion should reflect the will of God. Throughout Paradise Lost, Milton invites his readers to judge actions using not only reason and conscience but also core principles of early modern jurisprudence. Law thus informs Milton’s attempt to “justify the ways of God to men” and points readers toward the types of legal justice that should prevail on earth. Adding to the growing interest in the cultural history of law, The Legal Epic shows that England’s preeminent epic poem is also a sustained reflection on the role law plays in human society.
Legal Interpretation: Perspectives from Other Disciplines and Private Texts
by Kent GreenawaltIn Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalt's meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
Legal Interpretation and Scientific Knowledge
by David Duarte Pedro Moniz Lopes Jorge Silva SampaioThis book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Legal Interpreting and Questioning Techniques Explained (Translation Practices Explained)
by Mira Kadrić Monika Stempkowski Ivana HavelkaLanguage and law are closely linked, and language is fundamental to the application of the law. Legal, criminalistic, translational and psychological aspects of communication come together in interpreted questioning (hearings, interrogations, interviews) and must be taken into account, especially since the way in which the questioning outcomes are evaluated can have far-reaching legal consequences. Building on empirical studies and practice, this accessible text provides a transdisciplinary examination of questioning methods and strategies. The institutional framework conditions of a questioning situation are examined in the context of transdisciplinary cooperation.This book also addresses the increasing use of technology and hybrid forms of translation and interpreting in the legal system, and shows different ways in which interpreters co-construct information. Chapters include summaries of key concepts and definitions, examples from existing literature combined with practical experience and the results of surveys conducted by the authors, as well as further reading and non-language-specific study activities. Activities include role plays on thematic scenarios involving different actors in criminal proceedings and discussion groups to enable reflection on ethical issues and discursive challenges.This is a vital text for both advanced students and professionals in interpreting studies and criminology.
Legal Interpreting and Questioning Techniques Explained (Translation Practices Explained)
by Mira Kadrić Monika Stempkowski Ivana HavelkaLanguage and law are closely linked, and language is fundamental to the application of the law. Legal, criminalistic, translational and psychological aspects of communication come together in interpreted questioning (hearings, interrogations, interviews) and must be taken into account, especially since the way in which the questioning outcomes are evaluated can have far-reaching legal consequences. Building on empirical studies and practice, this accessible text provides a transdisciplinary examination of questioning methods and strategies. The institutional framework conditions of a questioning situation are examined in the context of transdisciplinary cooperation.This book also addresses the increasing use of technology and hybrid forms of translation and interpreting in the legal system, and shows different ways in which interpreters co-construct information. Chapters include summaries of key concepts and definitions, examples from existing literature combined with practical experience and the results of surveys conducted by the authors, as well as further reading and non-language-specific study activities. Activities include role plays on thematic scenarios involving different actors in criminal proceedings and discussion groups to enable reflection on ethical issues and discursive challenges.This is a vital text for both advanced students and professionals in interpreting studies and criminology.
The Legal Language of Scottish Burghs: Standardization and Lexical Bundles (1380-1560) (Oxford Studies in Language and Law)
by Joanna KopaczykThis 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.
Legal-Lay Communication: Textual Travels in the Law (Oxford Studies in Sociolinguistics)
by Chris Heffer Frances Rock John ConleyThis volume responds to a growing interest in the language of legal settings by situating the study of language and law within contemporary theoretical debates in discourse studies, linguistic anthropology, and sociolinguistics. The chapters in the collection explore many of the common occasions when those acting on behalf of the legal system, such as the police, lawyers and judges, interact with those coming into contact with the legal system, such as suspects and witnesses. However the chapters do this work through the conceptual lens of 'textual travel', or the way that texts move across space and time and are transformed along the way. Collectively, notions of textual travel shed new light on the ways in which texts can influence, and are influenced by, social and legal life. With contributions from leading experts in language and law, Legal-Lay Communication explores such 'textual travel' themes as the mediating role of technologies in the investigatory stages of the legal process, the centrality of intertextuality in the legal construction of cases in court, the transformative effects of recontextualization in processes of judicial decision-making, and the way that processes of textual travel disturb the apparent permanence of legal categorization. The book challenges both the notion of legal text as a static repository of meaning and the very idea of legal-lay or lay-legal communication.
Legal-Lay Discourse and Procedural Justice in Family and County Courts (Elements in Forensic Linguistics)
by null Tatiana GrieshoferFocusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties – private family proceedings and small claims cases. Such proceedings present the main caseload of county and family courts, but pose immense challenges when it comes to legal-lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal-lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic linguistics. This title is also available as Open Access on Cambridge Core.
Legal Narratives in Victorian Fiction (Among the Victorians and Modernists)
by Joanne Bridget SimpsonThe law holds up a mirror to society and reflects that society and its ongoing preoccupations. This book establishes legal interpretation as a mode of literary interpretation, contextualising the opinions and sociological background of literature within the context of the law of its period and examines the inherent role of the law in the construction of the narrative in the literature of the nineteenth century. From the approach to the operation of jurisprudence and legal application, to the prosecution of the poor, the criminological approach to moral panics and the use of the affirmative defence to mitigate women within society, this book explores the ways in which the authors of the period used the novel form as a way of challenging and critiquing the legal operating model of the world in which their characters found themselves; examining the way in which the authors of the period used the novel as a means of critiquing the nature of the role of the law within society, its impact upon the general public, and the reciprocity which exists between legal ideals and the society which manifests those ideals through thought and action. This is a useful text for students of nineteenth-century literature or the law.
Legal Narratives in Victorian Fiction (Among the Victorians and Modernists)
by Joanne Bridget SimpsonThe law holds up a mirror to society and reflects that society and its ongoing preoccupations. This book establishes legal interpretation as a mode of literary interpretation, contextualising the opinions and sociological background of literature within the context of the law of its period and examines the inherent role of the law in the construction of the narrative in the literature of the nineteenth century. From the approach to the operation of jurisprudence and legal application, to the prosecution of the poor, the criminological approach to moral panics and the use of the affirmative defence to mitigate women within society, this book explores the ways in which the authors of the period used the novel form as a way of challenging and critiquing the legal operating model of the world in which their characters found themselves; examining the way in which the authors of the period used the novel as a means of critiquing the nature of the role of the law within society, its impact upon the general public, and the reciprocity which exists between legal ideals and the society which manifests those ideals through thought and action. This is a useful text for students of nineteenth-century literature or the law.
Legal Realisms: The American Novel under Reconstruction
by Christine HolboUnited States historians have long regarded the U.S. Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. Emblematic of this moment was the post-war search for a "Great American Novel"--a novel fully adequate to the breadth and diversity of the United States in the era of the Fourteenth Amendment. While the passage of the Reconstruction Amendments declared the ideal of equality before the law a reality, persistent and increasing inequality challenged idealists and realists alike. The controversy over what full representation should mean sparked debates about the value of cultural difference and aesthetic dissonance, and it led to a thoroughgoing reconstruction of the meaning of "realism" for readers, writers, politics, and law. The dilemmas of incomplete emancipation, which would damage and define American life from the late nineteenth century onwards, would also force novelists to reconsider the definition and possibilities of the novel as a genre of social representation. Legal Realisms examines these transformations in the face of uneven developments in the racial, ethnic, gender and class structure of American society. Offering provocative new readings of Mark Twain, Henry James, William Dean Howells, Helen Hunt Jackson, Albion Tourgée and others, Christine Holbo explores the transformation of the novel's distinctive modes of social knowledge in relation to developments in art, philosophy, law, politics, and moral theory. As Legal Realisms follows the novel through the worlds of California Native American removal and the Reconstruction-era South, of the Mississippi valley and the urban Northeast, this study shows how violence, prejudice, and exclusion haunted the celebratory literatures of national equality, but it demonstrates as well the way novelists' representation of the difficulty of achieving equality before the law helped Americans articulate the need for a more robust concept of social justice.
LEGAL REALISMS C: The American Novel under Reconstruction
by Christine HolboUnited States historians have long regarded the U.S. Civil War and its Reconstruction as a second American revolution. Literary scholars, however, have yet to show how fully these years revolutionized the American imagination. Emblematic of this moment was the post-war search for a "Great American Novel"--a novel fully adequate to the breadth and diversity of the United States in the era of the Fourteenth Amendment. While the passage of the Reconstruction Amendments declared the ideal of equality before the law a reality, persistent and increasing inequality challenged idealists and realists alike. The controversy over what full representation should mean sparked debates about the value of cultural difference and aesthetic dissonance, and it led to a thoroughgoing reconstruction of the meaning of "realism" for readers, writers, politics, and law. The dilemmas of incomplete emancipation, which would damage and define American life from the late nineteenth century onwards, would also force novelists to reconsider the definition and possibilities of the novel as a genre of social representation. Legal Realisms examines these transformations in the face of uneven developments in the racial, ethnic, gender and class structure of American society. Offering provocative new readings of Mark Twain, Henry James, William Dean Howells, Helen Hunt Jackson, Albion Tourgée and others, Christine Holbo explores the transformation of the novel's distinctive modes of social knowledge in relation to developments in art, philosophy, law, politics, and moral theory. As Legal Realisms follows the novel through the worlds of California Native American removal and the Reconstruction-era South, of the Mississippi valley and the urban Northeast, this study shows how violence, prejudice, and exclusion haunted the celebratory literatures of national equality, but it demonstrates as well the way novelists' representation of the difficulty of achieving equality before the law helped Americans articulate the need for a more robust concept of social justice.
Legal Reform in English Renaissance Literature (Edinburgh Critical Studies In Renaissance Culture Ser.)
by Virginia Lee StrainRecounts the radical readings of Mallarmé’s seminal poems by some of France’s most important 20th century thinkers
Legal Reform in English Renaissance Literature
by Virginia Lee StrainDevelops a new ‘post/colonial' model of Middle Eastern literary and cultural modernity
Legal Signs Fascinate: Kevelson's Research on Semiotics (SpringerBriefs in Law)
by Jan M. Broekman Frank FleerackersThis engaging book examines the origins and first effects of the concept ‘legal semiotics’, focusing on the inventor of the term, Roberta Kevelson (1931-1998). It highlights the importance of her ideas and works which have contributed to legal theory, legal interpretation and philosophy of language. Kevelson’s work is particularly relevant today, in our world of global electronic communication networks which rely so much on language, signs, signals and shortcuts. Kevelson could not have foreseen the 21st century, yet the story of her work and influence deserves more attention as it is key to our understanding of modern legal discourse and why law fascinates and is accepted in modern society. The authors draw on Kevelson’s hitherto unknown Office Papers and Notes, and a biographical examination points to key influences in her work such as the early feminist movements of the US East Coast, the philosophy of Charles Sanders Peirce and the semiotics of Thomas Sebeok. This forms the basis for a more encompassing research of Kevelson’s position, work and philosophical background, which the authors call for. A quick and enlightening read, this book interests a wide range of readers with an interest in legal history and the fields which Kevelson both drew on and influenced, including lawyers, students and scholars.
Legal Tender: Love and Legitimacy in the East German Cultural Imagination (Signale: Modern German Letters, Cultures, and Thought)
by John Griffith UrangAt first glance, romance seems an improbable angle from which to write a cultural history of the German Democratic Republic. By most accounts the GDR was among the most dour and disciplined of socialist states, so devoted to the rigors of Stalinist aesthetics that the notion of an East German romantic comedy was more likely to generate punch lines than lines at the box office. But in fact, as John Urang shows in Legal Tender, love was freighted as a privileged site for the negotiation and reorganization of a surprising array of issues in East German public culture between 1949 and 1989. Through close readings of a diverse selection of films and novels from the former GDR, Urang offers an eye-opening account of the ideological stakes of love stories in East German culture. Throughout its forty-year existence the East German state was plagued with an ongoing problem of legitimacy. The love story's unique and unpredictable mix of stabilizing and subversive effects gave it a peculiar status in the cultural sphere. Urang shows how love stories could mediate the problem of social stratification, providing a language with which to discuss the experience of class antagonism without undermining the Party's legitimacy. But for the Party there was danger in borrowing legitimacy from the romantic plot: the love story's destabilizing influences of desire and drive could just as easily disrupt as reconcile. A unique contribution to German studies, Legal Tender offers remarkable insights into the uses and capacities of romance in modern Western culture.
The Legal Thriller from Gardner to Grisham: See you in Court! (Crime Files)
by Lars Ole SauerbergThis book offers a critically informed yet relaxed historical overview of the legal thriller, a unique contribution to crime fiction where most of the titles have been written by professionals such as lawyers and judges.The legal thriller typically uses court trials as the suspense-creating background for presenting legal issues reflecting a wide range of concerns, from corporate conflicts to private concerns, all in a dramatic but highly informed manner. With authors primarily from the USA and the UK, the genre is one which nonetheless enjoys a global reading audience. As well as providing a survey of the legal thriller, this book takes a gender–focused approach to analyzing recently published titles within the field. It also argues for the fascination of the legal thriller both in the way its narrative pattern parallels that of an actual court trial, and by the way it reflects, frequently quite critically, the concerns of contemporary society.
Legal Translation and Bilingual Law Drafting in Hong Kong: Challenges and Interactions in Chinese Regions (Routledge Studies in Chinese Translation)
by Clara Ho-yan ChanLegal Translation and Bilingual Law Drafting in Hong Kong presents a systematic account from a cross-disciplinary perspective of the activities of legal translation and bilingual law drafting in the bilingual international city of Hong Kong and its interaction with Mainland China and Taiwan in the use of legal terminology. The study mainly examines the challenges posed to English-Chinese translation in the past three decades by elaborate drafting and terminological equivalence, and offers educational and research solutions. Its primary goals are to create legal Chinese that naturally accommodates common law concepts and statutes from the English legal system and to reconcile Chinese legal terms from the different legal systems adopted by Hong Kong, Mainland China and Taiwan. The new directions in legal translation and bilingual law drafting in Hong Kong will have implications for other Chinese regions and for the world. The book is intended for scholars, researchers, teachers and students of legal translation and legal linguistics, legal translators, lawyers and legal practitioners who are engaged in translation, as well as all persons who are interested in legal language and legal translation.
Legal Translation and Bilingual Law Drafting in Hong Kong: Challenges and Interactions in Chinese Regions (Routledge Studies in Chinese Translation)
by Clara Ho-yan ChanLegal Translation and Bilingual Law Drafting in Hong Kong presents a systematic account from a cross-disciplinary perspective of the activities of legal translation and bilingual law drafting in the bilingual international city of Hong Kong and its interaction with Mainland China and Taiwan in the use of legal terminology. The study mainly examines the challenges posed to English-Chinese translation in the past three decades by elaborate drafting and terminological equivalence, and offers educational and research solutions. Its primary goals are to create legal Chinese that naturally accommodates common law concepts and statutes from the English legal system and to reconcile Chinese legal terms from the different legal systems adopted by Hong Kong, Mainland China and Taiwan. The new directions in legal translation and bilingual law drafting in Hong Kong will have implications for other Chinese regions and for the world. The book is intended for scholars, researchers, teachers and students of legal translation and legal linguistics, legal translators, lawyers and legal practitioners who are engaged in translation, as well as all persons who are interested in legal language and legal translation.
Legal Translation between English and Arabic
by Ali AlmannaThis is a coursebook designed for students of translation, which will also benefit professional translators as it covers key issues in contemporary legal translation. The book is divided into two main parts. The first, theoretical part, explores issues such as types of legal texts, readership, communicative purpose, global and local strategies, and modality in addition to analysing the common features of legal discourse in both languages, be they lexical, syntactic, or textual. The second, practical part, discusses issues such as legal rights, contractual obligations, torts, crimes, people and law. It focuses on all types of legal texts, regardless of their classification and examines legislative texts, which have acquired a certain degree of notoriety rarely equalled by any other variety of English.
Legal Translation Explained
by Enrique Alcaraz Brian Hughes Anthony PymFocusing on the problems of translating English legal language, Alcaraz and Hughes offer a wide-ranging view of one of the most demanding and vital areas of contemporary translation practice. Individual chapters deal with legal English as a linguistic system, special concepts in the translation of legal English, the genres of legal translation, and offer a series of practical problems together with discussions of proposed solutions, as well as insight into the pragmatic ways translators go about finding solutions. The numerous examples and discussions of specific terms make the book useful both as a manual in the translation class and as an invaluable reference work for students, teachers, self-learners and professional translators.
Legal Translation Explained
by Enrique Alcaraz Brian Hughes Anthony PymFocusing on the problems of translating English legal language, Alcaraz and Hughes offer a wide-ranging view of one of the most demanding and vital areas of contemporary translation practice. Individual chapters deal with legal English as a linguistic system, special concepts in the translation of legal English, the genres of legal translation, and offer a series of practical problems together with discussions of proposed solutions, as well as insight into the pragmatic ways translators go about finding solutions. The numerous examples and discussions of specific terms make the book useful both as a manual in the translation class and as an invaluable reference work for students, teachers, self-learners and professional translators.
Legal Translation Outsourced (Oxford Studies in Language and Law)
by Juliette R. ScottAs a result of globalization, cross-border transactions and litigation, and multilingual legislation, outsourcing legal translation has become common practice. Unfortunately, over-reliance on such outsourcing has given rise to significant dangers, including information asymmetry, goal divergence, and risk. Legal Translation Outsourced provides the only current reference on commercial legal translation performed outside institutions. Juliette Scott casts a critical eye on the practice as it now stands, offering an analysis of key risks and constraints. Her work is informed by empirical data of the legal translation outsourcing markets of 41 countries. Scott proposes original theoretical models aimed both at training legal translators and informing all stakeholders, including principals and agents. These include models of legal translation performance; a classification of constraints on legal translation applying upstream, during and downstream of translation work; and a description of the complex chain of supply. Working to improve the enterprise itself, Scott shows how implementing a comprehensive legal translation brief--a sorely needed template--can significantly benefit clients by increasing the fitness of translated texts. Further, she opens a number of avenues for future research with an eye to translator empowerment and professionalization.