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The Oxford Handbook of Language and Law
Edited by Peter Tiersma and Lawrence Solan
664 pages
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Figures
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246x171mm
978-0-19-957212-0
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Hardback
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08 March 2012
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- A comprehensive guide to the field of language and law
- Forward-looking and authoritative
- Draws on the expertise of scholars and practitioners working in a diverse range of languages
This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal
translation and interpretation.
Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.Readership: Law scholars and linguists, as well as academics and practitioners from neighbouring areas such as psychology, sociology, language translation, and language planning.
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Edited by Peter Tiersma, Professor of Law, Loyola Law School of Los Angeles, and Lawrence Solan, Director of the Center for the Study of Law, Language, and Cognition, Brooklyn Law School Peter Tiersma is the Hon. William Matthew Bryne Professor of Law at Loyola Law School of Los Angeles. He has a Ph.D. in linguistics from the University of California, San Diego, and a J.D. degree from the University of California, Berkeley. His books include Legal Language (1999) and Parchment, Paper, Pixels: Law and the Technologies of Communication (2010).
Lawrence Solan is the Don Forchelli Professor of Law and the Director of the Center for the Study of Law, Language and Cognition at Brooklyn Law School. He is on the editorial board of The International Journal of Speech, Language and the Law and the author of Language and Judges (1993). Contributors: Lawrence M. Solan, Don Forchelli Professor of Law and Director of the Center for the Study of Law, Language and Cognition, Brooklyn Law School Peter Tiersma, Hon. William Matthew Byrne Professor of Law, Loyola Law School in Los Angeles Mark Adler, Janet Ainsworth, John D. Eshelman Professor, Seattle University School of Law Cornelis J. W. Baaij, University of Amsterdam School of Law Michel Bastarache, Counsel to the Law Firm Heenan Blaikie Robert W. Bennett, Nathaniel L. Nathanson Professor of Law, Northwestern Law School Susan Berk-Seligson, Department of Spanish and Portuguese, Vanderbilt University Brian H. Bix, Frederick W. Thomas Professor of Law and Philosophy, University of Minnesota Ronald R. Butters, Emeritus Professor of English and Cultural Anthropology, Duke University Jasone Cenoz, Professor of Education, University of the Basque Country Carole E. Chaski, Executive Director of the Institute for Linguistic Evidence and the CEO of ALIAS Technology LLC Malcolm Coulthard, Emeritus Professor of Forensic
Linguistics, University of Aston Deborah Davis, Professor of Psychology, University of Nevada, Reno, and President of Sierra Trial and Opinion Consultants Jan Engberg, Professor of Knowledge Communication at the Department Business Communication, University of Aarhus Paul Foulkes, Professor in the Department of Language and Linguistic Science, University of York Peter French, Director of JP French Associates Masahiro Fujita,Social Psychology at the Faculty of Sociology, Kansai University Naomi E. S. Goldstein, Department of Psychology, Drexel University Durk Gorter, Ikerbasque Research Professor, Faculty of Education, University of the Basque Country in San Sebastian/Donostia Maurizio Gotti, Professor
of English Language and Translation and Director of the Research Centre on Specialized Languages (CERLIS), University of Bergamo Risto Hiltunen, Professor of English, University of Turku Syugo Hotta, Professor of Language and Law, Meiji University School of Law Martha L. Komter, Department of Language and Communication, Vrije Universiteit Krzysztof Kredens, School of Languages and Social Sciences, Aston University Richard A. Leo, Professor at the University of San Francisco School of Law Marijke Malsch, Netherlands Institute for the Study of Crime and Law Enforcement (NSCR) Nancy S. Marder, Chicago-Kent College of Law, Illinois Institute of Technology Heikki E. S. Mattila, Professor Emeritus of Legal
Linguistics, University of Lapland Karen McAuliffe, Lecturer in the School of Law, University of Exeter Liao Meizhen, Associate Dean, School of Foreign Languages, Central China Normal University Sharon Messenheimer, Law-Psychology Program at Drexel University and Villanova University School of Law Janice Nadler, Professor of Law, Northwestern University School of Law Mami Hiraike Okawara, Professor and Dean at Graduate School of Regional Policy, Takasaki City University of Economics Tunde Olusola Opeibi, Department of English, University of Lagos Peter L. Patrick, Professor of Sociolinguistics, University of Essex Ralf Poscher, Professor of Public Law and Director of the Institute for
Staatswissenschaft and Philosophy of Law Frances Rock, Centre for Language and Communication Research, Cardiff University Christina Riggs L. Romaine, Clinical Psychology Program, Drexel University Susan Sarcevic, Professor and Head of the Department of Foreign Languages, University of Rijeka Sanford Schane, Research Professor of Linguistics at the University of California, San Diego Roger W. Shuy, Distinguished Research Professor of Linguistics, Emeritus, Georgetown University Tove Skutnabb-Kangas, Gail Stygall, Professor of English Language, University of Washington, Seattle J. D. Trout, Professor of Philosophy and Psychology, Loyola University in Chicago David Woolls, Chief Executive
Officer of CFL Software Limited A. Daniel Yarmey, University Professor Emeritus, University of Guelph Heather Zelle, Law-Psychology Program, Drexel University and Villanova University School of Law
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Part I: Legal Language
1: Peter Tiersma: A History of the Language of the Law
2: Heikki E. S. Mattila: Legal Vocabulary
3: Risto Hiltunen: The Grammar and Structure of Legal Texts
4: Maurizio Gotti: Text and Genre
5: Mark Adler: The Plain Language Movement
Part II: The Interpretation of Legal Texts
6: Lawrence M. Solan: Linguistic Issues in Statutory Interpretation
7: Sanford Schane: Contract Formation as a Speech Act
8: Robert W. Bennett: Constitutional Interpretation
9: Ralf Poscher: Ambiguity and Vagueness in Legal Interpretation
10: Brian H. Bix: Legal Interpretation and the Philosophy of Language
Part III: Multilingualism and Translation
11: Michel Bastarache: Bilingual Interpretation Rules as a Component of Language Rights in Canada
12: Jan Engberg: Word Meaning and the Problem of a Globalized Legal Order
13: Susan Sarcevic: Challenges to the Legal Translator
14: Karen McAuliffe: Language and Law in the European Union
15: Cornelis J. W. Baaij: Fifty years of Multilingual Interpretation in the European Union
Part IV: Language Rights
16: Tove Skutnabb-Kangas: Linguistic Human Rights
17: Peter Tiersma: Language Policy in the United States
18: Durk Gorter and Jasone Cenoz: Legal Rights of Linguistic Minorities in the EU
19: Tunde Olusola Opeibi: Investigating the Language Situation in Africa
Part V: Language and Criminal Law
20: Janet Ainsworth: The Meaning of Silence in The Right to Remain Silent
21: Naomi E. S. Goldstein, Sharon Messenheimer, Christina Riggs L. Romaine, and Heather Zelle: Potential Impact of Juvenile Suspects' Linguistic Abilities on Miranda Understanding and Appreciation
22: Frances Rock: The "Caution" in England and Wales
23: Janice Nadler and J. D. Trout: The Language of Consent in Police Encounters
24: Peter Tiersma and Lawrence M. Solan: The Language of Crime
25: Deborah Davis and Richard A. Leo: Interrogation Through Pragmatic Implication: Sticking to the Letter of the Law While Violating Its Intent
Part VI: Courtroom Discourse
26: Gail Stygall: Discourse in the U.S. Courtroom
27: Mami Hiraike Okawara: Courtroom Discourse in Japan's New Judicial Order
28: Liao Meizhen: Courtroom Discourse in China
29: Martha L. Komter and Marijke Malsch: The Language of Trials in an Inquisitorial Criminal Law System
30: Susan Berk-Saligson: Linguistic Issues in Courtroom Interpretation
31: Nancy S. Marder: Instructing the Jury
Part VII: Intellectual Property
32: Roger W. Shuy: Using Linguistics in Trademark Cases
33: Ronald R. Butters: Language and Copyright Law
34: Syugo Hotta and Masahiro Fujita: The Psycholinguistic Basis of Distinctions in Trademark Law
Part VIII: Identification of Authorship and Deception
35: Carole E. Chaski: Authorship Identification in the Forensic Setting
36: Krzysztof Kredens and Malcolm Coulthard: Corpus Linguistics in Authorship Identification
37: David Wools: Detecting Plagiarism
Part IX: Speaker Identification
38: Peter L. Patrick: Language Analysis for Determination of Origin
39: A. Daniel Yarmey: Factors Affecting Lay Person's Identification of Speakers
40: Paul Foulkes and Peter French: Forensic Speaker Comparison
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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