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.
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Produktdetaljer
ISBN
9780226767895
Publisert
2018
Utgave
1. utgave
Utgiver
Vendor
University of Chicago Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter