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 motive is a close research of proofs of legal purpose in Israeli courtrooms. The publication analyses linguistic, pragmatic, interpretative and argumentative techniques utilized by Israeli legal professionals and judges for you to learn the defendant’s purpose. There could be doubtless that this topic is helpful of an intensive research. A person’s goal is a mental phenomenon and for that reason, except the defendant chooses to admit his rationale, it can't be confirmed without delay – both by way of proof or via witnesses’ tales. The defendant’s purpose 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 this is unavoidably complete: it calls for attention of various theoretical frameworks together with speech act idea, discourse research, argumentation concept, polyphony concept and textual content linguistics.

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

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Chapter 2. 17 I shall now illustrate implication of causation by simultaneity. In order to convict a defendant of rape, the prosecution has to prove that, in the case judged by the court, the defendant had sexual intercourse with the complainant without her consent. In the next example, the offence of which the defendant is accused is rape, section 345 (b) (3) + section 32 (4) of the Israeli Penal Law 5737–1977; the prosecution proved this by claiming that the use of force and threats by the defendant occurred simultaneously with the (enforced) cooperation of the complainant.

64. In this section I survey the linguistic and pragmatic means of cohesion of the legal text as presented in court by each of the participants in the legal drama: prosecutor, defence counsel and judge. D. thesis, 2002. Chapter 1. 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.

1 above. In what concerns the analysis of the different functions of a character in the story according to the pragmatic considerations motivating the narrator of the story, see for instance LiebesPlesner (1984); Mautner (1998); Bogosh and Don-Yihie (1999). For the discussion on different and even contradictory patterns and the description of the judge’s relation to the characters of the accused and the victim in penal cases, see Chapter 4 below. 61. On the procedure in a rape trial, for example, the competition between the parties on the pattern of the significance given to the events and on the understanding that the narrative of an event is not a simple reconstruction, but a creation, see Bogosh and Don-Yihie (1999: 228– 256).

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