Janet Giltrow

Donato Mancini

Frances Olsen

This collection is about how law makes meaning and how meaning makes law. Through clear methodology and substantial findings, chapters expose the deficits of ‘literal’ meaning and the difficulties in 'ordinary' meaning, in international legal contexts and in more immediate social ones, as well as in courtrooms. Further, chapters in this volume see the challenges to national and international commitments to all speakers sharing a common meaning.

The Making and Use of Meaning in Legal Reasoning

Legal Meanings

This reader has been designed to accompany Giltrow’s Academic Writing, one of the key principles of which is that there is a close connection between the processes of reading and of writing academic prose. Each reading is preceded by introductory commentary, questions, and suggestions for discussion, and the book also includes a brief general introduction. As with Giltrow’s Academic Writing, her Academic Reading is a challenging text. At its core are examples of actual academic writing of the sort that students must learn to deal with daily, and to write themselves. As newcomers to the scholarly community, students can find that community’s ways of reading and writing mysterious, unpredictable and intimidating. Academic Reading demystifies the scholarly genres, shedding light on their discursive conventions. Throughout, Academic Reading respects the student writer; it engages the reader’s interest without ever condescending, and it avoids entirely the arbitrary and the dogmatic. The second edition is expanded to include twenty-one selections, nineteen of which come from scholarly publications, and more than half of which are new to this edition.

Reading and Writing Across the Disciplines

Academic Reading - Second Edition

Dieter Stein

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.

Inference and Interpretation in Legal Discourse

The Pragmatic Turn in Law

This volume brings together for the first time pragmatic, rhetorical, and literary perspectives on genre, mapping theoretical frontiers and initiating a long overdue conversation amongst these methodologies. The diverse approaches represented in this volume meet on common ground staked by Internet communication: an arena challenging to traditional ideas of genre which assume a conventional stability at odds with the unceasing innovations of online discourse. Drawing on and developing new ideas of genre, the research reported in this volume shows, on the contrary, that genre study is a powerful means of testing commonplaces about the Internet world and, in turn, that the Internet is a fertile field for theorising genre.

Janet Giltrow

About

Books

Join the club