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A Pragmatic Analysis of Legal Proofs of Criminal Intent

A Pragmatic Analysis of Legal Proofs of Criminal Intent
Author: Sol Azuelos-Atias
Publisher: John Benjamins Publishing
Total Pages: 196
Release: 2007
Genre: Language Arts & Disciplines
ISBN: 9789027227164

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A Pragmatic Analysis of Legal Proofs of Criminal Intent is a detailed investigation of proofs of criminal intent in Israeli courtrooms. The book analyses linguistic, pragmatic, interpretative and argumentative strategies used by Israeli lawyers and judges in order to examine the defendant's intention. There can be no doubt that this subject is worthy of a thorough investigation. A person's intention is a psychological phenomenon and therefore, unless the defendant chooses to confess his intent, it cannot be proven directly – either by evidence or by witnesses' testimonies. The defendant's intention must be inferred usually from the overall circumstances of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures should be taken into account. The linguistic analysis of these inferences presented here is necessarily comprehensive: it requires consideration of a variety of theoretical frameworks including speech act theory, discourse analysis, argumentation theory, polyphony theory and text linguistics.


Legal Pragmatics

Legal Pragmatics
Author: Dennis Kurzon
Publisher: John Benjamins Publishing Company
Total Pages: 288
Release: 2018-04-15
Genre: Language Arts & Disciplines
ISBN: 9027264074

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The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.


Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation

Computer Applications for Handling Legal Evidence, Police Investigation and Case Argumentation
Author: Ephraim Nissan
Publisher: Springer Science & Business Media
Total Pages: 1375
Release: 2012-06-15
Genre: Social Science
ISBN: 904818990X

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This book provides an overview of computer techniques and tools — especially from artificial intelligence (AI) — for handling legal evidence, police intelligence, crime analysis or detection, and forensic testing, with a sustained discussion of methods for the modelling of reasoning and forming an opinion about the evidence, methods for the modelling of argumentation, and computational approaches to dealing with legal, or any, narratives. By the 2000s, the modelling of reasoning on legal evidence has emerged as a significant area within the well-established field of AI & Law. An overview such as this one has never been attempted before. It offers a panoramic view of topics, techniques and tools. It is more than a survey, as topic after topic, the reader can get a closer view of approaches and techniques. One aim is to introduce practitioners of AI to the modelling legal evidence. Another aim is to introduce legal professionals, as well as the more technically oriented among law enforcement professionals, or researchers in police science, to information technology resources from which their own respective field stands to benefit. Computer scientists must not blunder into design choices resulting in tools objectionable for legal professionals, so it is important to be aware of ongoing controversies. A survey is provided of argumentation tools or methods for reasoning about the evidence. Another class of tools considered here is intended to assist in organisational aspects of managing of the evidence. Moreover, tools appropriate for crime detection, intelligence, and investigation include tools based on link analysis and data mining. Concepts and techniques are introduced, along with case studies. So are areas in the forensic sciences. Special chapters are devoted to VIRTOPSY (a procedure for legal medicine) and FLINTS (a tool for the police). This is both an introductory book (possibly a textbook), and a reference for specialists from various quarters.


Proving the Unprovable

Proving the Unprovable
Author: Christopher Slobogin
Publisher: Oxford University Press
Total Pages: 209
Release: 2006-09-07
Genre: Psychology
ISBN: 0198040962

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This book is written for researchers, scholars, advanced graduate students, and clinicians who work in risk assessment and criminal responsibility. It addresses the question of admitting expert testimony from behavioral health experts in determining matters of culpability and dangerousness by examining a number of factors, including the source of the expert testimony, whether juries need it, and whether it is presented as proven or informed in the court. It argues that the question cannot be understood as a dualistic matter of being for or against expert testimony; rather, its highly nuanced arguments show that determining who should be punished and who should be preventively detained must happen through an interdisciplinary process that looks at the specific circumstances of each case. It offers an analytic framework for making these determinations that treats culpability and dangerousness not as static, ontologically-complete entities, but rather as socially-constructed concepts that cannot be determined solely through the scientific method. The book makes the intriguing argument throughout that although expert testimony cannot be considered scientifically reliable or proven, it should nevertheless be included as long as it can be classified and understood as informed speculation because it makes legal factfinders attend more closely to the matters that the law considers pertinent to past mental states. It seeks to reconcile the tension between the law's demand for accuracy and the inability of behavioral science to provide more than speculative answers for most questions raised by the insanity defense and related doctrines and by sentencing, commitment and sex offender statutes that require determinations of risk.


Language

Language
Author: George Melville Bolling
Publisher:
Total Pages: 514
Release: 2007
Genre: Comparative linguistics
ISBN:

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Proceedings of the annual meeting of the Society in v. 1-11, 1925-34. After 1934 they appear in Its Bulletin.


Discourse and Power in a Multilingual World

Discourse and Power in a Multilingual World
Author: Adrian Blackledge
Publisher: John Benjamins Publishing Company
Total Pages: 268
Release: 2009
Genre: Language Arts & Disciplines
ISBN:

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The focus of this volume is on discourse linking 'race riots' in England in 2001 with the Nationality, Immigration and Asylum Act 2002, which extended legislation to test the English language proficiency of British citizenship applicants.


Criminal Law

Criminal Law
Author: Catherine Elliott
Publisher: Pearson Higher Ed
Total Pages: 505
Release: 2016-03-10
Genre: Law
ISBN: 1292088877

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The ideal student textbook, Criminal Law combines the authors’ trademark clarity of writing with coverage of the key topics, case law and statutes that you’ll need to understand in your study of this fascinating subject. Written and designed for use on an LLB or GDL programme, the book also highlights areas of academic debate, criticisms of the current law and reform options.