Discursive Constructions of Consent in the Legal Process

Author: Susan Ehrlich
Publisher: Oxford University Press
ISBN: 0199945365
Format: PDF
Download Now
As a linguistically-grounded, critical examination of consent, this volume views consent not as an individual mental state or act but as a process that is interactionally-and discursively-situated. It highlights the ways in which legal consent is often fictional (at best) due to the impoverished view of meaning and the linguistic ideologies that typically inform interpretations and representations in the legal system. The authors are experts in linguistics and law, who use diverse theoretical and analytical approaches to examine the complex ways in which language is used to seek, negotiate, give, or withhold consent in a range of legal contexts. Authors draw on case studies, or larger research corpora or a wider sociolegal approach, in investigations of: police-citizen interactions in the street, police interviews with suspects, police call handlers, rape and abduction trials, interactions with lay litigants in a multilingual small claims court, a restorative justice sentencing scheme for young offenders, biomedical research, and legal disputes over contracts.

Legal Integration and Language Diversity

Author: C. J. W. Baaij
Publisher: Oxford University Press
ISBN: 0190680784
Format: PDF
Download Now
How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, for the purpose of reducing national regulatory differences between Member States. However, in its commitment to the diversity of European languages, its legislative institutions enact legislative instruments in 24 languages. Language Diversity and Legal Integration assesses these seemingly incompatible policy objectives and contemporary translation practices in the EU legislative procedure, and proposes an alternative, source-oriented approach that better serves EU policy objectives. Contrary to the orthodox view in academic literature and to the current policies of the EU, this book suggests that the English language version should serve as the original and only authentic legislative text. Translation into the other language versions should furthermore avoid prioritizing clarity and fluency over syntactic correspondence and employ neologisms for distinctly EU legal concepts. Ultimately, Baaij provides practical solutions to the conflict between the equality of all language versions, and the need for uniform interpretation and application of EU law.

The Law of Privilege

Author: Patrick Goodall
Publisher: Oxford University Press
ISBN: 0199595437
Format: PDF, ePub, Mobi
Download Now
Providing solutions to specific issues which regularly arise in practice, this practical guide gives detailed and up to date coverage of all key aspects of privilege including legal advice privilege, joint and common interest privilege, and the privilege against self-incrimination as they apply to litigation and non-litigation situations.

The English Legal System

Author: Alisdair Gillespie
Publisher: Oxford University Press
ISBN: 0198785437
Format: PDF, ePub, Docs
Download Now
The English Legal System combines comprehensive and thorough coverage of the main topics covered on English legal system courses with a lively and engaging style to capture students' attention and provide them with a firm foundation for their study of law. This book enables students to first understand all of the key areas of the English legal system, and then to engage with the subject fully for themselves. The law is not just presented but critiqued, with a range of learning features which encourage students to actively engage with contentious issues and difficult questions. Everyday examples help students to apply their knowledge of the law in a practical way, while questions for reflection help students to analyse, evaluate, and think critically. Aided by a clear structure, arranged in five parts, students will be able to fully grasp the processes involving in making and reforming the law. The English Legal System is accompanied by a wide range of online resources, to help students to take their learning further: For Students Introductory podcasts - an invaluable guide through the book and its features Web links - provide opportunities to take learning further Activities - help students to put their knowledge into practice Glossary - outlining the key terms related to the English legal system Podcasts - accompany the questions for reflection in the textbook For Lecturers Test bank - a customizable electronic testing resource

The Language of Fraud Cases

Author: Roger W. Shuy
Publisher: Oxford University Press
ISBN: 0190493615
Format: PDF, Docs
Download Now
In The Language of Fraud Cases, Roger Shuy follows the now well-established format of his previous volumes on language and law. He discusses here eight cases that he himself has consulted on, and that illustrate how linguistics can help to solve the various problems that arise in trying to define fraudulent language in the context of law. He examines speech events, schemas, agendas, speech acts, conversational strategies, as well as smaller language units such as sentences, phrases, words, and sounds, and discusses how these can play a major role in deciding fraud cases. The cases chosen for this volume hinge on recorded language evidence, making them particularly relevant for linguistic analysis, and include cases of government contracts, EPA regulations, foreign corrupt business practices, trade secrets, money laundering, securities trading, art theft, and price fixing. Through his examination of these cases, Shuy demonstrates the significant contribution of linguistic analytical methodology to the understanding of language evidence and its success in revealing willful uses of fraudulent language to achieve financial gain.

Injustice in Person

Author: Rabeea Assy
Publisher: OUP Oxford
ISBN: 0191511145
Format: PDF, Kindle
Download Now
In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.

Introduction to the English Legal System 2017 2018

Author: Martin Partington
Publisher: Oxford University Press
ISBN: 019880248X
Format: PDF, ePub, Docs
Download Now
Introduction to the English Legal System is the ideal foundation for those coming new to the study of law. Writing in a highly engaging and accessible style, Martin Partington introduces the purposes and functions of English law, the law-making process, and the machinery of justice, while also challenging assumptions and exploring current debates. Consolidating over 40 years' experience in the law, Martin Partington examines beliefs about the English legal system, and encourages students to question how far it meets the growing demands placed on it. Incorporating all the latest developments, this concise introduction brings law and the legal system to life. This book is accompanied by an excellent Online Resource Centre, which houses: questions for reflection and discussion; multiple choice questions; a glossary; further reading materials; web links; and a link to Martin Partington's blog, which covers his views on key developments in the English justice system.

English Legal System

Author: Steve Wilson
Publisher: Oxford University Press
ISBN: 0198747942
Format: PDF, Kindle
Download Now
Clear, complete, and contextualized; this guide to the English legal system provides the strongest foundation for students at the start of their studies. Straightforward explanations of key topics are paired with learning features showcasing the law in its everyday context to give students a firm grasp on the fundamentals of the legal system.

Constitutional Ethos

Author: Alexander Tsesis
Publisher: Oxford University Press
ISBN: 0199359865
Format: PDF, Mobi
Download Now
Judges, courts, and scholars in the United States agree that the Constitution is the supreme law of the land, but there is much disagreement about its meaning. So what seems to be incontestable truth is riddled with disagreements about every day questions of decision making on matter such as whether people are entitled to government created programs, what rights are fundamental, the criteria for voting, the three branches of governments' several responsibilities, and even who should have the final say in defining the Constitution's meaning. Constitutional Ethos is a groundbreaking investigation into the fundamental principles of constitutional principle, meaning, and interpretation. It explores the core purposes of American representative democracy in light of historical sources, recent precedents, and contemporary debates. Alexander Tsesis argues that a central norm of U.S. law can be derived from the Declaration of Independence and Preamble. This book develops a theory of constitutional law structured on the public duty to protect individual rights for the general welfare. The maxim of constitutional governance synthesizes the protection of individual and public rights. The ideal is neither solely theoretical nor customary but tied to a firm foundation that the people then build upon by lobbying elected officials and petitioning appointed judges. Representative government has an interlinked obligation to the individual and the general welfare. This paradigm for responsible governance sets the baseline against which citizens can hold policy makers accountable to the structural and normative commitments of the Constitution. A pluralistic system must respect human dignity and govern for the betterment of the body politic. Those mandates set the terms for exercising legitimate power at the federal, state, and local levels to protect individual rights to achieve the common good of civil society. Tsesis demonstrates that ethos is binding on the conduct of all three branches of government and their officeholders. His argument challenges the more common U.S. perspective among academics and judges, who typically discount the existence of any objective constitutional value, regarding the document as a construct of social norms. To the contrary, Tsesis shows that the people established the terms of the nation's founding documents to protect universal, unalienable rights. The structure of government provides the mechanisms of those in a pluralistic state to set reasonable limitations for the betterment of society as a whole. Understanding the Constitution's special place in American legal culture is essential for resolving a host of contemporary issues; including, those involving marital, gender, and voting equalities. The state is a means of optimizing the well-being of individuals. Human productivity can best flourish in a society of equals, where talents can be brought to bear in the betterment of self and other members of the community. The Constitution does not create rights but protects those universal ideals of representative democracy first set out in the Declaration of Independence. It further grants authority to political institutions for the enforcement of policies and concrete laws for the betterment of society or some relevant segment of it. Many scholars with leanings in legal realism and process theory believe the authority of government is a social construct created by popular majorities; Tsesis convincingly demonstrates, to the contrary, that even those laws enacted by popular majorities are not authoritative unless they accord with a central maxim of constitutionalism, which is the protection of individual rights for the common good.

A Practical Approach to Landlord and Tenant

Author: Simon Garner
Publisher: Oxford University Press
ISBN: 0199589194
Format: PDF, Mobi
Download Now
Now in its sixth edition, A Practical Approach to Landlord and Tenant continues to provide a comprehensive and systematic guide to the principles and practice of landlord and tenant law. Containing coverage of up to date cases, as well as key documents, this book provides a valuable introduction for students and professionals alike.