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Current Legal Issues, like its sister volumeCurrent Legal Problems(now available in journal format), is based upon an annual colloquium held at University College London. Each year leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloquium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice. Law and Language, the fifteenth volume in theCurrent Legal Issuesseries, offers an insight into the scholarship examining the relationship between language and the law. The issues examined in this book range from problems of interpretation and beyond this to the difficulties of legal translation, and further to non-verbal expression in a chapter tracing the use of sign language at the Old Bailey; it examines the role of language and the law in a variety of literary works, including Hamlet; and considers the interrelation between language and the law in a variety of contexts, including criminal law, contract law, family law, human rights law, and EU law.
Table of Contents
1. Introduction: Law and Language, Michael Freeman and Fiona Smith 2. Legal Texts and Canons of Construction: A View from Current Pragmatic Theory, Robyn Carston 3. Linguistic Meaning and Legal Truth, Brian H. Bix 4. Truth in Law, Andrei Marmor 5. Language, Truth, and Law, Andrew Halpin 6. Claims of Legal Authorities and 'Expressions of Intention': The Limits of Philosophy of Language, Veronica Rodriguez-Blanco 7. Legal Pluralism: A Systems Theory Approach to Language, Translation, and Communication, Richard Nobles and David Schiff 8. Frame Semantics and the 'Internal Point of View', Steven L. Winter 9. Hart as Contextualist? Theories of Interpretation in Language and the Law, Ross Charnock 10. On Goodness and Genre: Talking about Virtue in Law and Literature, Jan-Melissa Schramm 11. The Grin's Cat: Language, Law, and Literature, Sebastian McEvoy 12. Reading and Writing the Law: Macaulay in India, Michael Hancher 13. 'Where be his quiddities now?' Law and Language in Hamlet, Eric Heinze 14. Stories in Law: Providing Space for 'Oppositionists'?, Steven Cammiss 15. Literal Interpretation and English Precedent in Joe Ma's Lawyer, Lawyer, Marco Wan 16. Toward a Cognitive Science of Legal Interpretation, Benjamin Shaer 17. Do You Kick a Dog When It's Down? Considering the Use of Children's Video-taped Testimonies in Court, June Luchjenbroers & Michelle Aldridge-Waddon 18. The Power of Naming: Surnames, Children, and Spouses, Jonathan Herring 19. The Role of Language in Legal Contexts: A Forensic Cross-linguistic Viewpoint, Luna Filipovic 20. Vagueness and Power-Delegation in Law: A Reply to Sorensen, Hrafn Asgeirsson 21. Plato's Fertility Clinic: Status and Identity Rhetoric in Parenthood Disputes, David Gurnham 22. Silence, Speech, and the Paradox of the Right to Remain Silent in American Police Interrogation, Janet Ainsworth 23. The Consumption of Legal Language: Consuming the Law, Anthony Amatrudo 24. (Language + Law)2 = ?, Catrin Fflur Huws 25. MMORPGing, Law, and Lingo, Kim Barker 26. Construing Commercial Contracts: No Need for Violence, Paul S. Davies 27. Why Are Non-US Contracts Written in US Legalese? Some Preliminary Thoughts, and a Research Agenda, Claire A. Hill 28. The Role of Parliamentary Rhetoric in Facilitating the Racial Effect of the Section 44 Terrorism Act 2000 Stop and Search Powers, Rachel Herron 29. Precedent at the Court of Justice of the European Union: the Linguistic Aspect, Karen McAuliffe 30. Law and Language(s) at the Heart of the European Project: Educating Different Kinds of Lawyers, Benedicte Sage-Fuller, Ferdinand Prinz zur Lippe, and Sean O Conaill 31. Foreign Law in Translation: If Truth Be Told..., Simone Glanert and Pierre Legrand 32. First-person Perspectives in Legal Decisions, Lorenz Kahler 33. Deaf People at the Old Bailey from the 18th Century Onwards, Bencie Woll and Christopher Stone 34. Rule of the Root: Proto-Indo-European Domination of Legal Language, Gary Watt 35. Necessary Violence?: Inscribing the Subject of Law, Penelope Pether