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Analysis On Misleading Advertising Slogans From The Persepctive Of Forensic Linguistics

Posted on:2017-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:L T QiuFull Text:PDF
GTID:2336330485472859Subject:Legal theory
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False advertising can be divided into two types from the law: fraudulent advertising and misleading advertising. There is little disputes on fraudulent advertising in judicial practice. However, there are many inconsistent verdicts on misleading advertising, which is caused by lacking of definite legislation and the strong subjectivity when judges assert misleading advertising.The assert of misleading advertising is not only a linguistic problem, but also a legal issue. In order to enhance certainty and acceptability of such cases, this paper attempts to probe into the issue that how to assert the misleading advertising from the perspective of forensic linguistics.This paper is mainly divided into four chapters:The first chapter has reviewed the previous research on misleading advertising in the field of law as well as linguistics. And then it is proposed that the research in the field of law are actually little concerned to adverstising slogans, and the research in the field of linguistics haven't paid enough attention on related legal norms.The second chapter has observed many misleading advertising cases. And it is found that the lack of definite legislations on advertising slogans has led to strong subjectivity of judge and furthermore led to inconsistent verdicts in such cases. And hence how to determine advertising slogans as misleading should be taken into account.The third chapter takes an study on how to determine advertising slogans as misleading from the perspective of forensic linguistics. Since the premise of asserting misleading advertising is that the advertising slogans can cause different understandings, this chapter firstly analyzes how advertising slogans could result in different understandings. And furthermore, how those advertising slogans can be regarded as misleading advertising slogans are studied in detail with considering legal provisions and legal basis.And the fourth chapter makes suggestions for legislation and judicial on misleading advertising cases. In terms of legislation, legislators should avoid circular definition and update the specification of the use of particular words timely. In terms of judicial, the judges should strengthen the analysis on advertising slogans, and explicit the intent of the legislative, and then assert the misleading advertising finally.
Keywords/Search Tags:misleading, advertising slogan, linguistic analysis, judicial determination
PDF Full Text Request
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