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Analysis Of Legal Pragmatics On Legal Discourse

Posted on:2010-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:J JieFull Text:PDF
GTID:2166360275995564Subject:Law
Abstract/Summary:PDF Full Text Request
With the economic and social development,the scope and field of application of language has become an increasingly widespread.As a brand-new subject,Forensic Linguists has attracted more and more attention of scholars.Law and language are the existence of normativity and normative social phenomenon.There are similarities and close contract between Law and Language,Law and Linguistics.Due to a number of issues of common concern.Law integrates with Language,they are learn from each other in respective theory and methods,so it's possible to carry out interdisiciplinary research between law and language.The study of legal pragmatics are mainly study of legal meaning in legal context and specific legal discourse especially in some particular situations.From the perspective of legal pragrnatics on legal discourse,firstly and clearly,this paper proposed interpretation on both static and dynamic in legal context.From the perspective of static,in the first time,this paper propose and analyze the following questions in the legal context:(1) The context is important in the legal interpretation;(2) The existence of differences between the legal person's legal context and non-legal person's legal context;(3) The language problem about guilt presupposition not easily found and often occur;(4) The contract language pursue rigorous but not detailed;(5) Default language of articles of law may have positive or negative effect.At the basis of analysis of the problem,the paper presents a solution: (1) Legal interpretation should give full consideration of the legislative the background;(2) Specialized language of the law in order to enhance the authority of law,popular language of the law in order to enhance legal awareness,to seek balance between the authority of law and law Popularization rate;(3) Proposal clearly given suspect privilege of silence in China law,in order to resolve flooding of default language of guilt;(4) Review the contract language shall notice the types of contracts,with particular attention of EPC contract have claims,the default language shall have some flexibility of negotiations;(5) Legislators shall have the background knowledge related to relevant major and scientific attitude,in order to avoid misleading of the default error.From the perspective of dynamic,the paper propose and analyze the following questions in the legal context:(1)The theory of speech act of law and its application;(2) The theory of cooperative principle and its application,and increase attitude on the four basic of cooperative principle.At the basis of analysis of the problem,the paper presents a solution combined of discourse analysis:the use of "legal speech act" theory to solve judgement of defraud and threat.Appropriate use of the relevant criteria of cooperative principle to promote communication of legal discourse,safeguard legitimate rights and interests of one's own,grasp the amount of informationLegal pragmatics as an emerging interdisciplinary,research content with richness, research direction with multi-dimensional,research methods with diversity.The paper regard the language matters of legal practice as a main to interpret legal discourse, regarding the differences between Chinese and foreign law as a main to analysis of guilty by default,regarding formal national laws and regulations as a main to explain the meaning of words,making a breakthrough contribution to the actual use of legal pragmatics.
Keywords/Search Tags:Legal Pragmatics, Legal Discourse, Legal context
PDF Full Text Request
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