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Speaking of Language and Law: Conversations on the Work of Peter Tiersma (eBook)

Edited by: Lawrence M. Solan, Janet Ainsworth, Roger W. Shuy

ISBN13: 9780190492663

Published: September 2015

Publisher: Oxford University Press

Country of Publication: UK

Format: eBook (ePub)

Price: £60.00
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Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields.

This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions.

Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.

Subjects:: General Interest, eBooks, Law and Society

Contents:: Acknowledgements; Contributors; Preface; Part I; Legal Language and Its History; 1. Peter M. Tiersma, Excerpt from A History of the Languages of Law (in The Oxford Handbook of Language and Law); 2. Peter M. Tiersma, Excerpt from Legal Language; 3. Peter M. Tiersma, Excerpt from Parchment, Paper, Pixels; 4. Peter M. Tiersma, Excerpt from Some Myths about Legal Language; 5. Frederick Schauer, On the Relationship Between Legal and Ordinary Language; 6. Ronald R. Butters, Legal Language and its History: Quo Imus? Qua Imus?; 7. Frank S. Ravitch, Philosophical Hermeneutics in the Age of Pixels: Hans-Georg Gadamer, Peter Tiersma, and Dasein in the Age of the Internet; 8. Edward Finegan, The Language of Lawyers and the Language of Plumbers; 9. Dieter Stein, Words, Words, Words - But What's in a Text?; Part II; The Language of Contracts and Wills; 10. Peter M. Tiersma, Excerpt from Parchment, Paper, Pixels; 11. Peter M. Tiersma, Excerpt from Reassessing Unilateral Contracts; 12. Brian H. Bix, Philosophy of Language, Unilateral Contracts, and the Law; 13. Sidney W. DeLong, How to do Legal Things with Words: The Contracts Scholarship of Peter Tiersma; 14. Peter Goodrich, Tiersma Contra Mundum In Defence Of Promises; 15. Jeffrey M. Lipshaw, Formalism, Speech Acts, and The Realities Of Contract Formation; Part III; Speech and Action; The Meanings of Silence in Law; 16. Peter M. Tiersma, Excerpts from The Language of Silence; 17. Peter M. Tiersma, Excerpt from Nonverbal Communication and the Freedom of Speech; 18. Elizabeth Mertz, Law's Metalinguistics: Silence, Speech, and Action; 19. Malcolm Coulthard, The Sounds of Silence; 20. Meizhen Liao, Speech or Silence: Within and Beyond Language and Law; Consenting; 21. Peter M. Tiersma, Excerpt fromThe Language of Consent in Rape Law (In Janet Cotterill (ed.), The Language of Sexual Crime (pp.; 91-97); 22. Susan Ehrlich, 'Inferring' Consent in the Context of Rape and Sexual Assault; 23. Tim Grant & Kerrie Spaul, Felicitous Consent; 24. Gregory M. Matoesian, Reflections on Peter Tiersma's <"The Language and Consent in Rape Law>"; 25. Gail Stygall, Speaking of Consent; Defaming; 26. Peter M. Tiersma, Excerpt from The Language of Defamation; 27. John M. Conley, Defamation as Speech Act: A Theory that Works; 28. Roger W. Shuy, Applying Tiersma's Defamation Theory to Defamation Cases; 29. Krzysztof Kredens, Scarlet Letter or Badge of Honour? Semantic Interpretation in Changing Contexts of Culture; Part IV; Interpreting Laws; 30. Peter M. Tiersma, Excerpt from Parchment, Paper, Pixels (pp.; 169-176, starting with "Dynamic Statutes"); 31. Peter M. Tiersma, Excerpt from The Textualization of Precedent (pp.; 1187-89, 1257-62).; 32. Lawrence M. Solan, Talk About Text as Text; 33. Jeffrey P. Kaplan, Textualization, Textualism, and Purpose-Stating Preambles; 34. Dru Stevenson, Between Paper and Pixels - How the Form of Modern Laws Changed their Function; Part V; Language and Criminal Justice; Crimes of Language; 35. Peter M. Tiersma, Except from The Language of Perjury: <"Literal Truth,>" Ambiguity, and the False Statement Requirement; 36. Lawrence M. Solan and Peter M. Tiersma, <"Threats>" (from Speaking of Crime (pp.; 198-204); 37. Janet Ainsworth, How We Play Games with Words in the Law; 38. Philip Gaines, Toward a Communicative Approach to Law- and Rule-Making; 39. Susan Berk-Seligson, Threats: A Pragmalinguistic Approach to the Analysis of a Speech Crime; Criminal Justice and Everyday Speech; 40. Peter M. Tiersma, Except from The Judge as Linguist; 41. Hannes Kniffka, Applied (Forensic) Linguistics in Autochthonic and Allochthonic Use; 42. Richard A. Leo, The Sound of Silence: Miranda Waivers, Selective Literalism and Social Context; 43. Laurie L. Levenson, Words Alone; 44. Frances Rock, Sizzling Irons: Speaking of Criminal Justice; Part VI; Jury Instructions; 45. Peter M. Tiersma, Excerpt from The Rocky Road to Legal Reform; 46. Peter M. Tiersma, Excerpt from Legal Language; 47. Bethany K. Dumas, Navigating the Rocky Road; 48. Chris Heffer, Authority and Accommodation: Judicial Responses to Jurors' Questions; 49. Nancy S. Marder, Jury Instructions Written for Jurors: A Perennial Challenge; Bibliography of Peter Tiersma's Work