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