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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Language in the Negotiation of Justice: Contexts, Issues and Applications

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Edited by: Christopher Williams, Girolamo Tessuto

ISBN13: 9781409438397
Published: September 2013
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00

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This book explores the ways language is used by the professional legal community for the communication of its main business - the negotiation of justice - in today's globalized world. The volume addresses three main aspects of language use in the negotiation of justice. Beginning with the legal contexts of litigation, arbitration and mediation, the book moves on to discuss the main issues identified in those contexts and finally it explores the applications of legal linguistics. These three aspects are studied across the themes of analyses of legal discourse and genres, issues of power and ideology in the use of legal language, cross-cultural legal communication, questions of recontextualization, accessibility and plain language, law and disciplinary identity, and pedagogy of legal language.With chapters set across a variety of jurisdictions, the contributions offer analytical insights into the interface between law and language. The book will be a valuable resource for those in the legal community wishing to increase their understanding of the use of language for the negotiation of justice.

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General Interest
Introduction, Christopher Williams and Girolamo Tessuto

Part I Contexts: Litigation: 'Mrs Buckley, you're telling a pack of lies': cross-examination in the High Court of Justiciary in Edinburgh, William Bromwich
Power in interruption in Chinese criminal courtroom discourse, Meizhen Liao
'For the reasons given above, I consider the Court should...': a linguistic analysis of argumentation in the opinions of British and Italian advocates-general at the Court of justice of the European Union, Judith Turnbull
Arbitration: International commercial arbitration: a protected practice, Vijay K. Bhatia
Arbitration across genres: from 'private resolution' to 'public war', Isabel Corona
Arbiter ?arbitration. Genesis of a functional word, Natale Rampazzo
Mediation: Restorative justice, a comparative analysis of discursive practices: dialogistic exchanges in the USA and Italy, Lucia Abbamonte and Flavia Cavaliere
Participants' relationships in online dispute-resolution: legal discourse as social practice, Olga Denti and Michela Giordano.

Part II Issues: Identity: Negotiating legal identity online: narratives of drug use, Hugo Bowles and Valeria Moretti
Recontextualization: Ethical particularism and contextualist interpretation in impossible attempts, Ross Charnock
Comprehensibility: From primary legislation to public presence. The language of gay rights: from legislation to lobbying, Bronwen Hughes and Antonella Napolitano
Metephor: Shaping reality through metaphorical patterns in legislative texts on immigration: a corpus-assisted approach, Ersilia Incelli.;

Part III Applications: Legal linguistics as a line of study and an academic discipline, Tarja Salmi-Tolonen
Learning to fly: the prospects for legal linguistics in the academic curriculum and beyond, Christopher Goddard