Criminal Law

A Pragmatic Analysis of Legal Proofs of Criminal Intent - download pdf or read online

By Sol Azuelos-Atias

ISBN-10: 9027227160

ISBN-13: 9789027227164

ISBN-10: 9027292159

ISBN-13: 9789027292155

A practical research of felony Proofs of legal reason is an in depth research of proofs of legal reason in Israeli courtrooms. The publication analyses linguistic, pragmatic, interpretative and argumentative recommendations utilized by Israeli legal professionals and judges in an effort to research the defendant’s purpose. There may be without doubt that this topic is valuable of a radical research. A person’s purpose is a mental phenomenon and consequently, until the defendant chooses to admit his cause, it can't be confirmed without delay – both via facts or through witnesses’ tales. The defendant’s goal needs to be inferred often from the general situations of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures may be taken into consideration. The linguistic research of those inferences provided this is inevitably finished: it calls for attention of numerous theoretical frameworks together with speech act thought, discourse research, argumentation thought, polyphony conception and textual content linguistics.

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Additional resources for A Pragmatic Analysis of Legal Proofs of Criminal Intent

Example text

The speaker uses expressions of simultaneous, or almost simultaneous, actions within lexico-syntactic patterns, such as […verb 1 + when / when not + verb 2] in order to create an impression of a physical causal relation. In order to study the linguistic methods enabling implication of causation . For a discussion on the distinction between result offences whose characterization depends on inducing certain harmful results and offences whose existence depends on certain circumstances determining the negative value of the conduct constituting the offence, see Feller (1984: 381).

Russell (1986) explained that the common sense notion of causality presupposes that the “effect” comes into existence immediately after the “cause”. Assuming that time has the structure of the mathematical continuum, he concluded that the common sense notion of causality is meaningless since, in the mathematical continuum, “the event taking place immediately after a given event” is an empty description (p. 177). Chapter 2.  Like all speakers in any discourse, the institutional speakers of the legalcriminal discourse build the narrative of the event discussed in court in accordance with their purpose in the discourse.

He will then convict or acquit the accused.  As argued in Chapter 1, the linguistic reconstruction of the event suspected as criminal has a crucial importance for the legal process: application of the written abstract legal norm to nonlinguistic concrete events. The importance of the linguistic reconstruction of the event turns the formulation describing it into the principal factor uniting the legal text on a syntagmatic level, on a syntactic-discursive level and on the level of the lexical structure.

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A Pragmatic Analysis of Legal Proofs of Criminal Intent by Sol Azuelos-Atias


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