The Language of Lawyers
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Edited by:
About this book
Clarity of court proceedings is increasingly considered essential to both the efficiency and the quality of a modern judiciary. One particularly under-researched area is the language of pleadings, i.e., texts written by lawyers representing the parties in court. Building on the results of the AttiChiari project, the first part of the book contains chapters on recent legal reforms and the language of Italian lawyers, while the second part includes chapters on the language of lawyers in Belgium, Finland, France, Germany, Poland, Portugal, Spain, Romania and the United Kingdom. With contributions from leading experts in the field, the volume combines legal and linguistic expertise in equal measure, as well as a substantial body of practical reflections by civil and criminal lawyers. Having clarity of court proceedings as a unifying thread, the volume focuses on access to justice as a prerequisite for democracy and for a truly inclusive society.
Author / Editor information
Jacqueline Visconti, University of Genoa, Italy.
Topics
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Frontmatter
I -
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Acknowledgement
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Contents
VII -
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Introduction
1 - Part I: Lawyers’ pleadings in Italy
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Concision and clarity in the structure of Italian pleadings: A comparative overview in a European perspective
13 -
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The principle of clarity and conciseness of documents following the reform to the Code of Civil Procedure
31 -
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Between civil trial rules and good writing advice
45 -
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Le Mot Juste: Clear language as a “systemic” value, and the role of the lawyer
59 - The linguistic perspective
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In the instant haze: Clarity and unclarity in lawyers’ pleadings
73 -
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Old and new rules for legal writing in Italy
95 -
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Language of the lawyer and language of the judge in court proceedings in Italy
105 -
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Lexical variation in lawyers’ pleadings: Observations from the AttiChiari corpus
119 -
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Writing clear pleadings: The contribution of punctuation
137 -
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Tradition and innovation in the language of Italian pleadings: Anglicisms and Latinisms
155 - The IT perspective
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New approaches to processing and modeling judicial corpora
165 - Insights from and on the bar
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Composing pleadings (as in music)
187 -
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Legal writing: Expectations, memories and a few things learned
203 -
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The power of words, the choice of words: Inside and outside judicial proceedings
217 -
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Gender-based violence at trial: A new language for respecting human rights
227 -
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Gonario Pinna: A lawyer in Sardinia
233 - Part II: Lawyers’ pleadings in Europe
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The style of barristers’ submissions when defending a civil case in court: An outsider’s view on England and Wales
247 -
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Sketches on English and Italian pleadings in civil procedure: Language, structure, style
267 -
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Skeleton Arguments: Use and abuse
275 -
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Language variation in the written communication of German lawyers
287 -
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Written pleadings in German civil trials
303 -
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Defence proceedings in France: Between tradition and standardization?
329 -
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Linguistic and discursive analysis of French legal writings for the defence
341 -
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From como mejor proceda to the first and second otrosí: The language of defence counsel in Spain
363 -
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Portuguese defence proceedings and court applications: aiming for clarity and inclusiveness
383 -
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The language and structure used in the defence statements of Flemish lawyers: An exploratory study
399 -
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The language of the defence: Communication in Finnish courts
417 -
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The language of defence in criminal proceedings: The Polish perspective
447 -
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The language of family court petitions and applications in Romania
469 -
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Index
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