Sol Azuelos-Atias's A Pragmatic Analysis of Legal Proofs of Criminal Intent PDF

By Sol Azuelos-Atias

ISBN-10: 9027227160

ISBN-13: 9789027227164

ISBN-10: 9027292159

ISBN-13: 9789027292155

A realistic research of criminal Proofs of felony purpose is a close research of proofs of felony purpose in Israeli courtrooms. The publication analyses linguistic, pragmatic, interpretative and argumentative thoughts utilized by Israeli attorneys and judges so as to study the defendant’s goal. There should be doubtless that this topic is necessary of a radical research. A person’s purpose is a mental phenomenon and for that reason, until the defendant chooses to admit his rationale, it can't be confirmed without delay – both by way of facts or via witnesses’ stories. The defendant’s purpose needs to be inferred frequently from the final situations of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures can be taken under consideration. The linguistic research of those inferences offered here's unavoidably accomplished: it calls for attention of quite a few theoretical frameworks together with speech act conception, discourse research, argumentation thought, polyphony thought and textual content linguistics.

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Each party has to choose not only the particular events that will be reconstructed in the text that it presents in court, but also those aspects of these events that are to be emphasized and those that are not to be mentioned. These choices determine the referential worlds of the discourse to be built and organized by the texts of each of the three institutional speakers. The worlds of the discourse constructed by the choices of the speakers are expressed in the texts presented in court by the way in which people, things and actions are located in relation to times, places, and intentions.

Compare Genette (1969: 73–75). 52. See Note 46, Chapter 1. 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.

The only legal role of the ‘complainant’/’victim’ in the Israeli justice system is that of a witness; however the judge’s attitude to the victim may very well be crucial for his verdict. 47. See Feller (1984: 656–721); Kadmi (1994: 144). Chapter 1. 48 Accordingly, in the criminal law there are two essential pre-conditions for conviction. The one is that, as a textual juncture point, the person referred to as “the defendant” can be presented as a real entity with a describable conduct; and the second is that as a psycho-physical entity this character can be presented as having a subjective mental attitude towards the occurrence discussed in court.

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

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