Books > Health, Home & Family > Self-help & practical interests > Law for the lay person
|
Buy Now
The Pragmatic Turn in Law - Inference and Interpretation in Legal Discourse (Paperback)
Loot Price: R876
Discovery Miles 8 760
You Save: R198
(18%)
|
|
The Pragmatic Turn in Law - Inference and Interpretation in Legal Discourse (Paperback)
Series: Mouton Series in Pragmatics [MSP]
Expected to ship within 10 - 15 working days
|
In legal interpretation, where does meaning come from? Law is made
from language, yet law, unlike other language-related disciplines,
has not so far experienced its "pragmatic turn" towards inference
and the construction of meaning. This book investigates to what
extent a pragmatically based view of l linguistic and legal
interpretation can lead to new theoretical views for law and, in
addition, to practical consequences in legal decision-making. With
its traditional emphasis on the letter of the law and the immutable
stability of a text as legal foundation, law has been slow to take
the pragmatic perspective: namely, the language-user 's experience
and activity in making meaning. More accustomed to literal than to
pragmatic notions of meaning, that is, in the text rather than
constructed by speakers and hearers the disciplines of law may be
culturally resistant to the pragmatic turn. By bringing together
the different but complementary perspectives of pragmaticians and
lawyers, this book addresses the issue of to what extent legal
meaning can be productively analysed as deriving from resources
beyond the text, beyond the letter of the law. This collection
re-visits the feasibility of the notion of literal meaning for
legal interpretation and, at the same time, the feasibility of
pragmatic meaning for law. Can explications of pragmatic meaning
support court actions in the same way concepts of literal meaning
have traditionally supported statutory interpretations and court
judgements? What are the consequences of a user-based view of
language for the law, in both its practices of interpretation and
its definition of itself as a field? Readers will find in this
collection means of approaching such questions, and promising
routes for inquiry into the genre- and field-specific
characteristics of inference in law. In many respects, the problem
of literal vs. pragmatic meaning confined to the text vs. reaching
beyond it will appear to parallel the dichotomy in law between
textualism and intentionalism. There are indeed illuminating
connections between the pair of linguistic terms and the more
publicly controversial legal ones. But the parallel is not exact,
and the linguistic dichotomy is in any case anterior to the legal
one. Even as linguistic-pragmatic investigation may serve legal
domains, the legal questions themselves point back to central
conditions of all linguistic meaning.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
You might also like..
Law
Robert Spicer
Paperback
R696
Discovery Miles 6 960
LifeHolder
Tim Cornish
Paperback
R338
Discovery Miles 3 380
See more
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.