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 rationale is an in depth research of proofs of felony motive in Israeli courtrooms. The publication analyses linguistic, pragmatic, interpretative and argumentative techniques utilized by Israeli attorneys and judges so that it will learn the defendant’s goal. There should be without doubt that this topic is necessary of a radical research. A person’s purpose is a mental phenomenon and as a result, until the defendant chooses to admit his purpose, it can't be confirmed at once – both by way of facts or by way of witnesses’ stories. The defendant’s goal needs to be inferred frequently from the final situations of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures could be taken into consideration. The linguistic research of those inferences offered this is unavoidably finished: it calls for attention of a number of theoretical frameworks together with speech act conception, discourse research, argumentation conception, polyphony concept and textual content linguistics.

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21 22 A Pragmatic Analysis of Legal Proofs of Criminal Intent The lexemes applied in legal text of criminal files to the humans involved in the occurrence discussed in court (such as “defendant”, “complainant” and “appellant”) belong to a definite semantic field and have marked and distinct semantic features in the given circumstances: those of a legal debate expressing the juridical relationship between citizens and the state. The use of these lexemes delimits the referents into a definite discoursal framework, that of an interaction between a citizen and the establishment within the courts of law.

It is unavoidable then that the court ought to infer this intention from the sum total of circumstances proved before it” (Kadmi 1994: 87). That is to say, the court ought to infer a person’s intention unless he discloses the secrets of his heart – in which case his intention can be proved directly. A person’s intention is proved in court therefore: by circumstantial evidence – as happens in the majority of cases; or by direct evidence – by proving some “statement” revealing the intention (p. 87, my translation).

Assuming that time has the structure of the mathematical continuum, he concluded that the common sense notion of causality is meaningless since, in the mathematical continuum, “the event taking place immediately after a given event” is an empty description (p. 177). Chapter 2.  Like all speakers in any discourse, the institutional speakers of the legalcriminal discourse build the narrative of the event discussed in court in accordance with their purpose in the discourse. , he will then convict or acquit the accused.

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