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  • ISBN: 9780226767918
  • ISBN10: 0226767914

The Language of Judges

by Lawrence M. Solan

  • Binding: Paperback
  • Publisher: Univ of Chicago Pr
  • Publish date: 05/01/1993
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Description
Preface Introduction: Judging Language 1. Chomsky and Cardozo: Linguistics and the Law Cardozo's Hope: Keeping the Law Flexible Chomsky and the Nature of Linguistic Knowledge Chomsky, Cardozo, and Mrs. Palsgraf 2. The Judge as Linguist The Last Antecedent Rule Mrs. Anderson's Case Processing Strategies and the Last Antecedent Rule The Across the Board Rule: Mr. Judge Drugs and the Last Antecedent Rule Last Antecedents and Legal Canons Empty Words: The Interpretation of Pronouns Mr. Bass Pronouns and Taxation The And/Or Rule Problems of Scope-AndMeans Or Support of Delinquent Children-The Problem with And/Or Mr. Caine-OrMeans AndAdjectives and the Linguistics of Capital Punishment Why Judges Do Not Make Good Linguists 3. Stacking the Deck The Rule of Lenity Yermian: Lenity and the Scope of Adverbs What about Brown? RICO-Lenity and the Meaning of Words The Linguistics of Insurance Policies The Jacober Accident Ignoring Language-Partridge Understanding Ambiguous Contracts 4. When the Language Is Clear How Plain Can Language Be? The "Plain Language" of RICO When the Language and Its Opposite Are Both Plain Understanding Patterns: RICO as an Unclear Statute Turketteand RusselloRevisited: Some More Fuzzy Concepts When Is Plain Language Enough? 5. Too Much Precision The Quest for Precision Pronouns and the Fifth Amendment Devices to Limit Ambiguity of Reference in Legal Language Party of the First Part Replacing Pronouns with Names Said and Same Using Special Words The War against Legal Language How Much Better Can We Do? 6. Some Problems with Words: Trying to Understand the Constitution People, Corporations, and Other Creatures What Is a Corporation Corporations, the Lexicon, and the Fifth Amendment Testimony and the Act of Speech The Current State of the Fifth Amendment Speech Acts: Linguistics and the Fifth Amendment Admissions Admitting by Bleeding What Is a Search The Word "Search" The Fourth Amendment and the Lexicon Some Easy Cases and Some Hard Ones 7. Why It Hasn't Gotten Any Better Anderson and the Status Quo Expanding Legal Doctrine Getting Tough The Language of Judges Notes Table of Cases Index
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