Mendeley出力
＜図書＞
The language of judges
| 責任表示 | Lawrence M. Solan |
|---|---|
| シリーズ | Language and legal discourse |
| データ種別 | 図書 |
| 出版情報 | Chicago : University of Chicago Press , c1993 |
| 本文言語 | 英語 |
| 大きさ | xii, 218 p. ; 24 cm |
| 概要 | 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 anot...er. 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. 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. 続きを見る |
所蔵情報
| 状態 | 巻次 | 所蔵場所 | 請求記号 | 刷年 | 文庫名称 | 資料番号 | コメント | 予約・取寄 | 複写申込 | 自動書庫 |
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中央図 4B | 327.01/So 33/1 | 1993 |
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068582193009658 |
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中央図 4C_1‐135 [法] | Rv 50/S/17 | 1993 |
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068152193007512 |
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書誌詳細
| 一般注記 | Includes bibliographical references (p. 189-209) and index |
|---|---|
| 著者標目 | *Solan, Lawrence, 1952- |
| 件 名 | LCSH:Judicial opinions -- United States -- Language
全ての件名で検索
LCSH:Judges -- United States -- Language 全ての件名で検索 LCSH:Law -- United States -- Language 全ての件名で検索 LCSH:Judicial process -- United States 全ての件名で検索 LCSH:Semantics (Law) LCSH:Analysis (Philosophy) |
| 分 類 | LCC:KF8775 DC20:349.73/014 DC20:347.30014 |
| 書誌ID | 1000032279 |
| ISBN | 0226767906 |
| NCID | BA20009464 |
| 巻冊次 | : hard ; ISBN:0226767906 : pbk ; ISBN:0226767914 |
| 登録日 | 2009.09.10 |
| 更新日 | 2009.09.17 |