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

By Sol Azuelos-Atias

ISBN-10: 9027227160

ISBN-13: 9789027227164

A realistic research of criminal Proofs of legal reason is an in depth research of proofs of felony rationale in Israeli courtrooms. The e-book analyses linguistic, pragmatic, interpretative and argumentative thoughts utilized by Israeli attorneys and judges on the way to study the defendant’s goal. There should be doubtless that this topic is beneficial of an intensive research. A person’s goal is a mental phenomenon and for this reason, except the defendant chooses to admit his purpose, it can't be confirmed without delay – both by way of facts or by way of witnesses’ tales. The defendant’s goal needs to be inferred frequently from the final situations of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures could be taken into consideration. The linguistic research of those inferences provided here's unavoidably accomplished: it calls for attention of numerous theoretical frameworks together with speech act conception, discourse research, argumentation conception, polyphony conception and textual content linguistics.

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The worlds of the discourse constructed by the choices of the speakers are expressed in the texts presented in court by the way in which people, things and actions are located in relation to times, places, and intentions. . See Grice (1989: 26); de Beaugrande (1980: 163); van Dijk (1980: 84); Tobin (1989: 78); Ducrot (1984: 231–233). . We can assume that the addressee of the judge’s arguments is any “reasonable person” reading his verdict. On the character of the “reasonable person”, see the next chapter.

33 34 A Pragmatic Analysis of Legal Proofs of Criminal Intent The continuous structure of the text is obtained, among others, by the multiplicity of the syntactic-conversational and lexico-syntactic conjunctions; these conjunctions establish not only the continuity of the discourse but also the unification of the matters under discussion. I will focus on conjunctions expressing causality.  The prosecution persuades the judge to accept its standpoint if it succeeds in convincing him that this causal relation is incontestable, and the defence succeeds if it can convince the judge to doubt the certainty of the causal relation stated by the prosecution.

62. See Perelman (1984: 58–83). 25 26 A Pragmatic Analysis of Legal Proofs of Criminal Intent The semantic diversification of the legal discourse therefore testifies to the centrality of the weltanschauung in social life and in the realities of everyday life in terms of values. 5 Pragmatic and discoursal characteristics of the Israeli legal criminal discourse 64 Each party tries to persuade the court to adopt its position regarding the nature of the discussed occurrence. “Presenting the case” by the institutional speaker in this arena may be seen as attempting to integrate and harmonize the world of legal values and norms with the deeds and behaviour discussed in court by means of logical and pseudo-logical arguments.

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