Recontextualization of concepts in European legal discourse
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Anne Lise Kjær
Abstract
This paper falls within the research field of legal linguistics. The subject is a question of great concern in current comparative legal research: Is it possible to develop a common legal language in the European Union, given the cultural and linguistic plurality of Europe? I argue that it is. What it requires is a common legal discourse and the development of a common European interpretive community. A key mechanism of this development is the recontextualization of legal concepts , i.e. the circulation of concepts among and across the national and international interpretive communities of the European Union accompanied by the discursive interactions of the legal actors at national and supranational levels of EU law. The contribution provides one element in a wider discourse analytical framework for the study of the paradox of ‘unity in diversity’ inherent in the ambition of developing a common legal language in Europe.
Abstract
This paper falls within the research field of legal linguistics. The subject is a question of great concern in current comparative legal research: Is it possible to develop a common legal language in the European Union, given the cultural and linguistic plurality of Europe? I argue that it is. What it requires is a common legal discourse and the development of a common European interpretive community. A key mechanism of this development is the recontextualization of legal concepts , i.e. the circulation of concepts among and across the national and international interpretive communities of the European Union accompanied by the discursive interactions of the legal actors at national and supranational levels of EU law. The contribution provides one element in a wider discourse analytical framework for the study of the paradox of ‘unity in diversity’ inherent in the ambition of developing a common legal language in Europe.
Chapters in this book
- Prelim pages i
- Table of contents v
- Introduction: Rhetoric or how to integrate the different voices ix
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Part I. Rhetorical Paradigms
- Rhetoric in the Mixed Game 3
- The selection of agency as a rhetorical device: Opening up the scene of dialogue through ventriloquism 23
- Dialogic rhetoric, coauthorship, and moments of meeting 39
- The rhetoric of 'dialogue' in metadiscourse: Possibility/impossibility arguments and critical events 55
- Rhetoric and ethic of dialog: Can conditions of performance serve as excluding criteria? 69
- Common ground and (re)defanging the antagonistic: A paradigm for argumentation as shared inquiry and responsibility 83
- What is the role of arguments? Fundamental human rights in the age of spin 95
- Logical and rhetorical rules of debate 119
- Rhetoric in a dialectical framework: Fallacies as derailments of strategic manoeuvring 133
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Part II. Rhetoric in the Mixed Game: Communicative means, cultural values, and institutional games
- Strategic use of Korean honorifics: Functions of 'partner-deference sangdae-nopim' 155
- Irony as a rhetorical device in dialogic interaction 171
- Political rhetoric in visual images 185
- Sociological concepts and their impact on rhetoric: Japanese language concepts 195
- The rhetorical component of dialogic communication in Banks' annual reports 209
- Attention-influencing as a rhetorical strategy in German and Turkish Parliamentary debates 221
- Diatexts of media dilemmas: The rhetorical construction of euthanasia 235
- Recontextualization of concepts in European legal discourse 251
- A court judgment as dialogue 267
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Part III. Round table discussion: Concepts of rhetoric, dialogue and argumentation
- Round table discussion 285
- General Index 309
- List of Contributors 315
Chapters in this book
- Prelim pages i
- Table of contents v
- Introduction: Rhetoric or how to integrate the different voices ix
-
Part I. Rhetorical Paradigms
- Rhetoric in the Mixed Game 3
- The selection of agency as a rhetorical device: Opening up the scene of dialogue through ventriloquism 23
- Dialogic rhetoric, coauthorship, and moments of meeting 39
- The rhetoric of 'dialogue' in metadiscourse: Possibility/impossibility arguments and critical events 55
- Rhetoric and ethic of dialog: Can conditions of performance serve as excluding criteria? 69
- Common ground and (re)defanging the antagonistic: A paradigm for argumentation as shared inquiry and responsibility 83
- What is the role of arguments? Fundamental human rights in the age of spin 95
- Logical and rhetorical rules of debate 119
- Rhetoric in a dialectical framework: Fallacies as derailments of strategic manoeuvring 133
-
Part II. Rhetoric in the Mixed Game: Communicative means, cultural values, and institutional games
- Strategic use of Korean honorifics: Functions of 'partner-deference sangdae-nopim' 155
- Irony as a rhetorical device in dialogic interaction 171
- Political rhetoric in visual images 185
- Sociological concepts and their impact on rhetoric: Japanese language concepts 195
- The rhetorical component of dialogic communication in Banks' annual reports 209
- Attention-influencing as a rhetorical strategy in German and Turkish Parliamentary debates 221
- Diatexts of media dilemmas: The rhetorical construction of euthanasia 235
- Recontextualization of concepts in European legal discourse 251
- A court judgment as dialogue 267
-
Part III. Round table discussion: Concepts of rhetoric, dialogue and argumentation
- Round table discussion 285
- General Index 309
- List of Contributors 315
