Download A Pragmatic Analysis of Legal Proofs of Criminal Intent by Sol Azuelos-Atias PDF

By Sol Azuelos-Atias

A practical research of felony Proofs of felony motive is a close research of proofs of felony rationale in Israeli courtrooms. The publication analyses linguistic, pragmatic, interpretative and argumentative thoughts utilized by Israeli attorneys and judges with the intention to learn the defendant’s goal. There might be without doubt that this topic is beneficial of an intensive research. A person’s goal is a mental phenomenon and consequently, except the defendant chooses to admit his reason, it can't be confirmed without delay – both by way of proof or via witnesses’ tales. The defendant’s purpose has to be inferred often from the general conditions of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures will be taken into consideration. The linguistic research of those inferences provided this is inevitably entire: it calls for attention of numerous theoretical frameworks together with speech act conception, discourse research, argumentation idea, polyphony idea and textual content linguistics.

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The complainant’s enforced undressing is presented here as simultaneous with two offensive actions of the accused: assaulting her with blows and fists and, at the same time, keeping a knife pulled out. This twofold simultaneity is accepted, in the legal discourse, as indicating a use of force and threats – a fact that is accepted as proving the lack of the complainant’s consent with the defendant’s conduct. *** A lack of consent is, then, one state of mind that can be juridically proven by time collocation; a criminal intent is another that can be proven this way.

The semiotic-linguistic diversity characterizing legal discourse results from the conflicting purposes of the institutionalized speakers. Each one of these speakers strives, as we have seen, to convince his addressee that his interpretation of the occurrence is reasonable and the conclusion that he draws from it is right. The discussion strategies used by the speakers in order to achieve their purposes find expression in the linguistic structures characterizing the texts they present in court. The different kinds of discourse (informative, interpretative and persuasive-argumentative-polemical) differ from one another by the strategies employed by the speakers, by thematic focuses, and by the semantic and pragmatic contents and the purposes of the discourse.

Since the legal conclusion is not inferred from the facts alone but takes into consideration the conflict of values and the need to decide in a just and suitable manner – according to the social values, each party “manipulates” the details of the story in order to interpret the contents of the conflict according to the party’s function and aim in the discourse. *** As presented in court, the story of the extra-linguistic occurrence depends mainly on textual entities built up during the discourse and which refers to the reconstruction of the witnesses.

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