Get A Pragmatic Analysis of Legal Proofs of Criminal Intent PDF

By Sol Azuelos-Atias

ISBN-10: 9027227160

ISBN-13: 9789027227164

ISBN-10: 9027292159

ISBN-13: 9789027292155

A realistic research of felony Proofs of legal rationale is a close research of proofs of felony rationale in Israeli courtrooms. The ebook analyses linguistic, pragmatic, interpretative and argumentative techniques utilized by Israeli legal professionals and judges so one can research the defendant’s goal. There may be doubtless that this topic is precious of a radical research. A person’s goal is a mental phenomenon and hence, until the defendant chooses to admit his purpose, it can't be confirmed without delay – both via facts or by way of witnesses’ stories. The defendant’s purpose has to be inferred frequently from the general situations of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures will be taken into consideration. The linguistic research of those inferences provided this is unavoidably entire: it calls for attention of numerous theoretical frameworks together with speech act concept, discourse research, argumentation thought, polyphony idea and textual content linguistics.

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

Sample text

For the debate concerning the characteristically causal relation to result offences, see Feller (1992: 249–252). Chapter 2. Legal causation and criminal intent by simultaneity (or almost simultaneity), I will analyse the way the institutional speakers of legal discourse apply suitable time conjunctions in their reconstruction of the occurrence discussed in court. I will show that the legal significance of an action depends on the time of the action relative to other events. I will demonstrate how the institutional speakers use time conjunctions indicating actions that happen simultaneously or near-simultaneously in order to prove the existence of a causal relation, and present the simultaneity as incidental in order to deny the existence of such a relation.

The prosecution is to present facts testifying about the existence of this intention; the text unit we are perusing presents such a crucial fact – “The accuseds reached… equipped with various tools…”20 The prosecution emphasizes this fact: the screwdriver that the 20. On the occurrence of a certain state (“being equipped with tools”) as a testimony to the preliminary preparation for the execution of the active operation, see the analysis of the first example given in this chapter. 41 42 A Pragmatic Analysis of Legal Proofs of Criminal Intent accuseds brought from the garage where they worked served them as a weapon, and they had also brought other tools.

56 Both parties describe the occurrence by means of tendentious descriptions of carefully selected events. These choices determine the referential worlds of the discourse to be built and organized by the texts of each of all three institutional speakers – including the judge. 53. See Kadmi (1993: 412). 54. On the spatio-temporal, phraseological and ideological components of the point of view in the field of legal discourse and on the different means of evaluation used by the institutional speaker in his characterization of the persons, the actions and the objectives and their results, see Azuelos-Atias (2002: 151–213).

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


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