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

By Sol Azuelos-Atias

A realistic research of criminal Proofs of legal purpose is an in depth research of proofs of felony cause in Israeli courtrooms. The booklet analyses linguistic, pragmatic, interpretative and argumentative options utilized by Israeli attorneys and judges so as to learn the defendant’s goal. There should be doubtless that this topic is beneficial of a radical research. A person’s purpose is a mental phenomenon and accordingly, except the defendant chooses to admit his reason, it can't be confirmed without delay – both by way of proof or by way of witnesses’ stories. The defendant’s goal needs to be inferred frequently from the general conditions of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures may be taken into consideration. The linguistic research of those inferences offered here's unavoidably accomplished: it calls for attention of various theoretical frameworks together with speech act conception, discourse research, argumentation idea, polyphony concept and textual content linguistics.

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Extra resources for A Pragmatic Analysis of Legal Proofs of Criminal Intent

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The linguistic framework with regard to what is claimed and what is said, but also by the semantic and pragmatic meanings. Such meanings are given in the framework of the discourse to the text as a whole; it can be given, for example, by contrasting a certain testimony with some well-established assumption inconsistent with it. The prosecutor’s evaluation of the complainant is reflected in the everyday vocabulary used to describe him and his behaviour. On the other hand, the prosecutor’s evaluation of the accused is represented by means of non-legally marked vocabulary, giving it character of a rational, authoritative and objective assesment.

Making use of expressions of simultaneity the beating is described here as a part of a definite situation suggesting, according to the juridical norms, that the defendant had indeed the intention to kill. In this particular case the defendant supported the juridical normative implication by indicating his murderous intention explicitly in front of witnesses. However, from the judicial point of view this intention is proved, among other to prove in order to indict the defendant on this base on the offences detailed in the “provision of the law” (giving him thereby the opportunity to prepare his defence).

The struggle between the prosecution and the defence is reflected also in the variety of ideological attitudes, which permeate the discourse and play a part in the interpretation of the event. 65 In general, the different attitudes are presented in the text in the form of quotes or hints, with reference to the external legal and normative sources giving meaning, validity or normative value to the internal voices, the voices of the witnesses. In what follows I will survey the significant morpho-syntactic, semantic and pragmatic features characterizing the language of the legal-criminal texts and discourse in Hebrew, starting with the indictment and ending with the verdict.

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