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Legal Discourses

Marcus Galdia

The book approaches law from the legal-linguistic perspective. Its aim is to clarify the processes in which the meaning of law emerges in legal discourses. In order to enable the understanding of law as a discursive practice, professional and non-professional discourses are analyzed. With this aim in mind, the author focuses on the epistemological consequences of the discursiveness of law. Other relevant legal-linguistic operations such as legal interpretation or legal translation are scrutinized in terms of their theoretical prerequisites and their practical consequences. Their analysis also shows the potential and the limits of law as a social and as a linguistic phenomenon that is determined by its discursiveness. Finally, the book demonstrates how the discursiveness as the distinctive feature of law establishes the connection between the science of law and other social sciences.
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Preface

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In this book, law is approached from the legal-linguistic perspective. Its aim is to clarify the processes in which the meaning of law emerges in legal discourses. Specifically, professional and non-professional discourses about law are analyzed here in order to enable the understanding of law as a discursive practice. With this aim in mind, the book identifies and subsequently focuses upon the epistemological consequences of the discursiveness of law. They are reflected in the analysis of the emergence of the conceptual basis of law and the formation of its argumentation as amalgams of legal signs that form legal discourses. Other relevant legal-linguistic operations such as legal interpretation or legal translation are scrutinized in terms of their theoretical prerequisites and their practical consequences as discursive practices. Their analysis also shows the potential and the limits of law as a social and as a linguistic phenomenon that is determined by its discursiveness. Finally, the book demonstrates how the discursiveness as the distinctive feature of law establishes the connection between law and other social sciences. This specific connection is narrative because law communicates messages. Legal messages may have different logical and textual structures; they may be perceived as rules, principles, provisions, decisions and others. They can be characterized more precisely as legal speech acts of justification, description of facts and so on. Meanwhile, their common characteristic feature is the fact that they are expressed linguistically and that they emerge and are applied in meaningful textual forms. Therefore, textuality and narrativity of...

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