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Books > Law > Jurisprudence & general issues > Legal skills & practice
This volume examines the linguistic problems that arise in efforts
to translate between law and the social sciences. We usually think
of "translation" as pertaining to situations involving distinct
languages such as English and Swahili. But realistically, we also
know that there are many kinds of English or Swahili, so that some
form of translation may still be needed even between two people who
both speak English-including, for example, between English speakers
who are members of different professions. Law and the social
sciences certainly qualify as disciplines with quite distinctive
language patterns and practices, as well as different orientations
and goals. In coordinated papers that are grounded in empirical
research, the volume contributors use careful linguistic analysis
to understand how attempts to translate between different
disciplines can misfire in systematic ways. Some contributors also
point the way toward more fruitful translation practices. The
contributors to this volume are members of an interdisciplinary
working group on Legal Translation that met for a number of years.
The group includes scholars from law, philosophy, anthropology,
linguistics, political science, psychology, and religious studies.
The members of this group approach interdisciplinary communication
as a form of "translation" between distinct disciplinary languages
(or, "registers"). Although it may seem obvious that professionals
in different fields speak and think differently about the world, in
fact experts in law and in social science too often assume that
they can communicate easily when they are speaking what appears to
be the "same" language. While such experts may intellectually
understand that they differ regarding their fundamental assumptions
and uses of language, they may nonetheless consistently
underestimate the degree to which they are actually talking past
one another. This problem takes on real-life significance when one
of the fields is law, where how knowledge is conveyed can affect
how justice is meted out.
Law is best interpreted in the context of the traditions and
cultures that have shaped its development, implementation, and
acceptance. However, these can never be assessed truly objectively:
individual interpreters of legal theory need to reflect on how
their own experiences create the framework within which they
understand legal concepts. Theory is not separate from practice,
but one kind of practice. It is rooted in the world, even if it is
not grounded by it. In this highly original volume, Allan C.
Hutchinson takes up the challenge of self-reflection about how his
upbringing, education, and scholarship contributed to his legal
insights and analysis. Through this honest examination of key
episodes in his own life and work, Hutchinson produces unique
interpretations of fundamental legal concepts. This book is
required reading for every lawyer or legal scholar who wants to
analyse critically where he or she stands when they practice and
study law.
The field of artificial intelligence (AI) and the law is on the
cusp of a revolution that began with text analytic programs like
IBM's Watson and Debater and the open-source information management
architectures on which they are based. Today, new legal
applications are beginning to appear and this book - designed to
explain computational processes to non-programmers - describes how
they will change the practice of law, specifically by connecting
computational models of legal reasoning directly with legal text,
generating arguments for and against particular outcomes,
predicting outcomes and explaining these predictions with reasons
that legal professionals will be able to evaluate for themselves.
These legal applications will support conceptual legal information
retrieval and allow cognitive computing, enabling a collaboration
between humans and computers in which each does what it can do
best. Anyone interested in how AI is changing the practice of law
should read this illuminating work.
For centuries, most people believed the criminal justice system
worked - that only guilty defendants were convicted. DNA technology
shattered that belief. DNA has now freed more than three hundred
innocent prisoners in the United States. This book examines the
lessons learned from twenty-five years of DNA exonerations and
identifies lingering challenges. By studying the dataset of DNA
exonerations, we know that precise factors lead to wrongful
convictions. These include eyewitness misidentifications, false
confessions, dishonest informants, poor defense lawyering, weak
forensic evidence, and prosecutorial misconduct. In Part I,
scholars discuss the efforts of the Innocence Movement over the
past quarter century to expose the phenomenon of wrongful
convictions and to implement lasting reforms. In Part II, another
set of researchers looks ahead and evaluates what still needs to be
done to realize the ideal of a more accurate system.
Defending Suspects at Police Stations is the definitive guide for
those advising detainees at the police station. It is an essential
purchase for solicitors, duty solicitors, custody officers,
criminal law students and in particular for those preparing for
police station accreditation. Ed Cape's authoritative guidance is
unrivalled. Comprehensive yet highly accessible and practical, Cape
provides the answers to every day practical questions and problems.
Initial chapters explain the basic principles of defending clients
at the investigative stage and examine the key provisions of PACE
and the Codes of Practice. Subsequent chapters tackle the various
stages of advising a client including taking instructions, advising
on 'silence', interview strategies, samples and searches,
identification procedures and the charge decision. The book also
includes dedicated chapters on advising and assisting vulnerable
clients, on enforcement of the PACE and Code provisions, and on
advising immigration detainees.
In this groundbreaking book, Randall Kiser presents a
multi-disciplinary, practice-based introduction to the major soft
skills for lawyers: self-awareness, self-development, social
proficiency, wisdom, leadership, and professionalism. The work
serves as both a map and a vehicle for developing the skills
essential to self-knowledge and fulfillment, organizational respect
and accomplishment, client satisfaction and appreciation, and
professional improvement and distinction. It identifies the most
important soft skills for attorneys, describes and applies hundreds
of studies regarding psychology, law, and soft skills, and provides
concrete steps and methods to improve soft skills. The book should
be read by law students, attorneys, and anyone else interested in
how lawyers should practice law.
Introduces students to legalistic, theoretical, empirical,
comparative and cross-disciplinary research methods, grounded in
working examples. Drawing on actual research projects, Research
Methods for Law discusses how legal research as process impacts on
research as product. The author team has a broad range of teaching
and research experience in law, criminal justice and socio-legal
studies, and give examples from real-life research products to
illustrate the theory. New for this edition: a new chapter on
inter- and cross-disciplinary research - essential reading for
international students and students with a non-law first degree
undertaking research in the areas of law, criminology, psychology
and sociology; research ethics has been expanded to a full chapter
that includes current plagiarism and imperfect disclosure; existing
chapters have been brought up-to-date with the newest thinking in
legal research.
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