| Preface |
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xi | |
| Acknowledgments |
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xv | |
| Contributors |
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xvii | |
| Part I Legal Language And Its History |
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1 On The Origins Of Legal English |
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3 | (8) |
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2 Why Is Legal Language So Conservative? |
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11 | (5) |
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3 Writing The Law In England |
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16 | (11) |
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4 Some Myths About Legal Language |
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27 | (8) |
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5 On The Relationship Between Legal And Ordinary Language |
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35 | (4) |
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6 Legal Language And Its History: Quo Imus? Qua Imus? |
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39 | (4) |
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7 Philosophical Hermeneutics In The Age Of Pixels: Hans-Georg Gadamer, Peter Tiersma, And Dasein In The Age Of The Internet |
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43 | (4) |
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8 The Language Of Lawyers And The Language Of Plumbers |
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47 | (4) |
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9 "Words, Words, Words"-but What's In A Legal Text? |
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51 | (8) |
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| Part II The Language Of Contracts And Wills |
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10 Text, Tape And Pixels In The Making Of Wills |
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59 | (8) |
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11 Reassessing Unilateral Contracts |
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67 | (9) |
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12 Philosophy Of Language, Unilateral Contracts, And The Law |
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76 | (3) |
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13 How To Do Legal Things With Words: The Contracts Scholarship Of Peter Tiersma |
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79 | (4) |
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14 Tiersma Contra Mundum: In Defence Of Promises |
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83 | (5) |
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15 Formalism, Speech Acts, And The Realities Of Contract Formation |
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88 | (9) |
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| Part III Speech And Action |
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The Meaning Of Silence In Law |
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16 The Language Of Silence: Implication And The Role Of Conversation |
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97 | (13) |
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110 | (7) |
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18 Law's Metalinguistics: Silence, Speech, And Action |
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117 | (5) |
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122 | (5) |
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20 Speech Or Silence: Within And Beyond Language And Law |
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127 | (6) |
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21 The Language Of Consent In Rape Law |
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133 | (8) |
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22 "Inferring" Consent In The Context Of Rape And Sexual Assault |
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141 | (4) |
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145 | (5) |
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24 Reflections On Peter Tiersma's "The Language And Consent In Rape Law" |
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150 | (3) |
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153 | (6) |
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26 Defamatory Language And The Act Of Accusing |
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159 | (9) |
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27 Defamation As Speech Act: A Theory That Works |
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168 | (3) |
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28 Applying Tiersma's Defamation Theory To Defamation Cases |
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171 | (4) |
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29 Scarlet Letter Or Badge Of Honour? Semantic Interpretation In Changing Contexts Of Culture |
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175 | (8) |
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| Part IV Interpreting Laws |
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183 | (8) |
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31 The Textualization Of Precedent |
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191 | (7) |
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32 Talk About Text As Text |
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198 | (4) |
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33 Textualization, Textualism, And Purpose-Stating Preambles |
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202 | (6) |
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34 Between Paper And Pixels-how The Form Of Modern Laws Changed Their Function |
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208 | (9) |
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| Part V Language And Criminal Justice |
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35 The Language Of Perjury: Speaking Falsely By Saying Nothing |
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217 | (6) |
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223 | (7) |
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37 How We Play Games With Words In The Law |
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230 | (5) |
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38 Toward A Communicative Approach To Law- And Rule-Making |
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235 | (4) |
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39 Threats: A Pragmalinguistic Approach To The Analysis Of A Speech Crime |
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239 | (6) |
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Criminal Justice And Everyday Speech |
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245 | (6) |
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41 Applied (Forensic) Linguistics In Autochthonic And Allochthonic Use |
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251 | (4) |
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42 The Sound Of Silence: Miranda Waivers, Selective Literalism, And Social Context |
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255 | (4) |
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259 | (4) |
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44 Sizzling Irons: Speaking Of Criminal Justice |
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263 | (8) |
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| Part VI Jury Instructions |
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45 The History Of Jury Instructions |
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271 | (6) |
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46 Capital Instructions: Comprehension As A Matter Of Life Or Death |
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277 | (8) |
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47 Navigating The Rocky Road |
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285 | (4) |
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48 Authority And Accommodation: Judicial Responses To Jurors' Questions |
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289 | (4) |
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49 Jury Instructions Written For Jurors: A Perennial Challenge |
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293 | (4) |
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| Bibliography of Peter Tiersma's Work |
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297 | (4) |
| Name Index |
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301 | (4) |
| Subject Index |
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305 | |
