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United States Legal Language and Culture

United States Legal Language and Culture
Author: Teresa Kissane Brostoff
Publisher: Oxford University Press, USA
Total Pages: 472
Release: 2013-05-30
Genre: Language Arts & Disciplines
ISBN: 0199895457

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In Legal English, experienced educators and professors Teresa Kissane Brostoff and Ann Sinsheimer answer the needs of law students unfamiliar with the use of English in legal settings. They introduce the student into a new world of study of the law by carefully guiding them through the vital skills and techniques they will need to feel comfortable and proficient in English-speaking and American legal culture.


Legal English

Legal English
Author: Teresa Brostoff
Publisher:
Total Pages: 432
Release: 2000
Genre: Culture and law
ISBN:

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Legal English effectively communicates to students the nuances of legal language in the United States. Professors Brostoff and Sinsheimer of the University of Pittsburgh School of Law unravel the legal system and study of law by using legal English in actual problems and exercises.This book acquaints readers with the two most important skills-legal research and writing-and approaches each problem and exercise from a different legal subject area. By discussing problem-solving techniques in a wide variety of topics, this workbook successfully increases student levels in readingand understanding legal documents. The new edition features revised and updated exercises, including: new internet research skills exercises, new writing and language exercises, and an expanded appellate advocacy section.


Legal Culture in the United States: An Introduction

Legal Culture in the United States: An Introduction
Author: Kirk Junker
Publisher: Routledge
Total Pages: 222
Release: 2016-02-22
Genre: Law
ISBN: 1317245555

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For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.


Language, Culture, and Education

Language, Culture, and Education
Author: Elizabeth Ijalba
Publisher: Cambridge University Press
Total Pages: 333
Release: 2019-03-21
Genre: Education
ISBN: 1107081874

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Exploring language, culture and education among immigrants in the United States, this volume discusses the range of experiences in raising children with more than one language in major ethno-linguistic groups in New York. Research and practice from the fields of speech-language pathology, bilingual education, and public health in immigrant families are brought together to provide guidance for speech-language pathologists in differentiating language disorders from language variation, and for parents on how to raise their children with more than one language. Commonalities among dissimilar groups, such as Chinese, Korean, and Hispanic immigrants are analyzed, as well as the language needs of Arab-Americans, the home literacy practices of immigrant parents who speak Mixteco and Spanish, and the crucial role of teachers in bridging immigrants' classroom and home contexts. These studies shed new light on much-needed policy reforms to improve the involvement of culturally and linguistically diverse families in decisions affecting their children's education.


A Comparative Study of Chinese and Western Legal Language and Culture

A Comparative Study of Chinese and Western Legal Language and Culture
Author: Falian Zhang
Publisher: Springer Nature
Total Pages: 434
Release: 2021-03-08
Genre: Language Arts & Disciplines
ISBN: 9811593477

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This book involves a variety of aspects and levels, including the diachronic and synchronic dimensions. Law profoundly affects our daily lives, but its language and culture can at times be nearly impossible to understand. As a comparative study of Chinese and Western legal language and legal culture, this book investigates the similarities and differences of both sides and identifies their respective advantages and disadvantages. Accordingly, it considers both social and cultural functions, and both theoretical and practical values. Firstly, the book addresses the differences, that is, the basic frameworks and disparities between the Chinese and Western legal languages and legal cultures. Secondly, it explores relevant changes over time, that is, the historical evolution and the basic driving forces that were at work before the Chinese and Western legal languages and cultures “met.” Lastly, the book elaborates on their fusion, that is, the conflicts and changes in Chinese and Western legal languages and cultures in China in the modern era, as well as the introduction, transplantation and transformation of Western legal culture.


Law and Letters in American Culture

Law and Letters in American Culture
Author: Robert A. Ferguson
Publisher: Harvard University Press
Total Pages: 456
Release: 1984
Genre: Law
ISBN: 9780674514652

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The role of religion in early American literature has been endlessly studied; the role of the law has been virtually ignored. Robert A. Ferguson's book seeks to correct this imbalance. With the Revolution, Ferguson demonstrates, the lawyer replaced the clergyman as the dominant intellectual force in the new nation. Lawyers wrote the first important plays, novels, and poems; as gentlemen of letters they controlled many of the journals and literary societies; and their education in the law led to a controlling aesthetic that shaped both the civic and the imaginative literature of the early republic. An awareness of this aesthetic enables us to see works as diverse as Jefferson's Notes on the State of Virginia and Irving's burlesque History of New York as unified texts, products of the legal mind of the time. The Declaration of Independence, the Constitution, and the great political orations were written by lawyers, and so too were the literary works of Trumbull, Tyler, Brackenridge, Charles Brockden Brown, William Cullen Bryant, Richard Henry Dana, Jr., and a dozen other important writers. To recover the original meaning and context of these writings is to gain new understanding of a whole era of American culture. The nexus of law and letters persisted for more than a half-century. Ferguson explores a range of factors that contributed to its gradual dissolution: the yielding of neoclassicism to romanticism; the changing role of the writer; the shift in the lawyer's stance from generalist to specialist and from ideological spokesman to tactician of compromise; the onslaught of Jacksonian democracy and the problems of a country torn by sectional strife. At the same time, he demonstrates continuities with the American Renaissance. And in Abraham Lincoln he sees a memorable late flowering of the earlier tradition.


Justice as Translation

Justice as Translation
Author: James Boyd White
Publisher: University of Chicago Press
Total Pages: 332
Release: 1994-10-17
Genre: Political Science
ISBN: 0226894967

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White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers. "White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement "James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal "White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities "Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review


Power, Legal Education, and Law School Cultures

Power, Legal Education, and Law School Cultures
Author: Meera E. Deo
Publisher: Routledge
Total Pages: 228
Release: 2019-10-10
Genre: Law
ISBN: 0429533918

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There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory’s relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.


Language and Culture in EU Law

Language and Culture in EU Law
Author: Susan Šarčević
Publisher: Routledge
Total Pages: 270
Release: 2016-03-09
Genre: Political Science
ISBN: 1317108019

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Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.