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Borderlines in Private Law

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Summary Justice: Judges Address Juries

Paul RobertshawUniversity of Wales, Cardiff

ISBN13: 9780304337019
ISBN: 0304337013
Published: July 1998
Publisher: Continuum International Publishing Group Ltd.
Country of Publication: UK
Format: Hardback
Price: Out of print



This is a study of the practice of judicial summing-up to juries, and of the language of persuasion and rhetoric in the English criminal process. The book examines those statements normally occurring in criminal courts, but also in the High Court, in defamation trials and in ""civil liberty"" torts in the county courts. The text of these summaries can vary in length, and are significant in that they break the flow between advocates' turn-taking - especially their final speeches.;In addition to its linguistic concerns, the book considers the practice of summing-up as a legal problem - as unrecognized advocacy - and examines alternatives, such as the North American and Scottish minimalist legal model, and a reformed summing up of patterned structure.

Subjects:
Criminal Law
Contents:
Addressing the jury; the structure of summing up; nomenclature and credibility; structure and surface; jury pragmatics; clarification and confusion; evaluation and the construction of credibiltiy; overview and prescription.