By Harold J. Berman
ISBN-10: 110703342X
ISBN-13: 9781107033429
Accomplished in 1964, Harold J. Berman's long-lost tract indicates how effectively negotiated, translated and formalised criminal language is vital to fostering peace and realizing inside neighborhood and overseas groups. Exemplifying interdisciplinary and comparative felony scholarship lengthy prior to they have been stylish, it's a interesting prequel to Berman's huge legislation and Revolution sequence. It additionally anticipates some of the major topics of the fashionable activities of legislations, language and ethics. In his advent, John Witte, Jr, a scholar and colleague of Berman, contextualises the textual content in the improvement of Berman's criminal concept and within the evolution of interdisciplinary felony reviews. He has additionally pieced jointly the various lacking sections from Berman's different early writings and supplied notes and important gear all through. An Afterword by means of Tibor Várady, one other pupil and colleague of Berman, illustrates through glossy situations the knowledge and application of Berman's theories of legislations, language and neighborhood.
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Additional resources for Law and Language: Effective Symbols of Community
Example text
61 Harold J. ” 59 Harold J. Berman, “The Comparison of Soviet and American Law,” Indiana Law Journal 34 (1959): 559–70, at 559; “Law in American Democracy and Under Soviet Communism”; Harold J. Berman and James W. Spindler, “Soviet Comrades’ Courts,” Washington Law Review 38 (1963): 842–910. 60 Harold J. Berman, “Soviet Perspectives on Chinese Law,” in Jerome A. , Contemporary Chinese Law (Cambridge, MA: Harvard University Press, 1970), 313–28; Harold J. Berman, Susan Cohen, and Malcolm Russell, “A Comparison of the Chinese and Soviet Codes of Criminal Law and Procedure,” The Journal of Criminal Law and Criminology 73 (Spring 1982): 238–58; Harold J.
107 The ability of Berman to integrate the meaningful goals of the rhetorical-humanist movement with the scientific basis of contemporary linguistics suggests that there may still be common ground to be found between the economists, linguists, and literary theorists. ” Lawyer-linguists Peter Tiersma and Lawrence Solan are exemplary; they have done much to show the contemporary relevance of linguistics to legal scholarship, especially in a time when textualism is a dominant method of statutory interpretation.
Courts must take account of the value of speech, with this in mind – not only in interpreting the First Amendment Free Speech Clause, but in crafting the language of their opinions in all cases. Speech as mere information for consumption is not valuable in the same way. ”100 Like Berman, White further notes that the danger of legal translation is abstraction, loss of context and cultural nuance. In his Justice as Translation, White argues that language makes a culture, with its own assumptions, values, and pictures of the world.