By Sol Azuelos-Atias
A realistic research of criminal Proofs of felony rationale is a close research of proofs of felony reason in Israeli courtrooms. The e-book analyses linguistic, pragmatic, interpretative and argumentative recommendations utilized by Israeli attorneys and judges that allows you to research the defendant’s goal. There might be without doubt that this topic is valuable of a radical research. A person’s purpose is a mental phenomenon and hence, until the defendant chooses to admit his purpose, it can't be confirmed without delay – both through facts or via witnesses’ tales. The defendant’s purpose has to be inferred frequently from the general conditions of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures might be taken under consideration. The linguistic research of those inferences awarded this is unavoidably entire: it calls for attention of various theoretical frameworks together with speech act idea, discourse research, argumentation concept, polyphony conception and textual content linguistics.
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Extra resources for A Pragmatic Analysis of Legal Proofs of Criminal Intent
90, my translation). *** The problem of the mental element is particularly complicated in offences of behaviour. In such cases the accused cannot be convicted unless it is proven that he was aware of the nature of his behaviour. The problem is determining the exact level of his awareness, both of the nature and meaning of the behaviour, and of the surrounding circumstances. Generally, full knowledge of the nature of the behaviour and the surrounding circumstances is required, but the element of knowledge can also be fulfilled if the accused was in a state of willful blindness.
See Perelman (1970: 79–99, 1984: 58–83); Perelman and Olbrechts-Tyteca (1970: 1–43); Récanati (1979: 15); Ducrot (1980: 12–26). 64. In this section I survey the linguistic and pragmatic means of cohesion of the legal text as presented in court by each of the participants in the legal drama: prosecutor, defence counsel and judge. D. thesis, 2002. Chapter 1. The linguistic framework with regard to what is claimed and what is said, but also by the semantic and pragmatic meanings. Such meanings are given in the framework of the discourse to the text as a whole; it can be given, for example, by contrasting a certain testimony with some well-established assumption inconsistent with it.
In order to introduce activities as almost simultaneous, the time interval between them is presented as a limited gap, a temporal space empty of content, for which no real activity is reported. This interval creates the impression that the separation between the activities is also likely to be the logical significant separation of the cause and effect, or a conditional activity, and the activity after the condition has been fulfilled. As compared to the prosecution’s case, the defence interprets the connection between the contiguous actions as a connection of “surprise”; what it is argued by this interpretation is, of course, that the activity was not planned in advance by the accused but was carried out as a spontaneous reaction to an act of the complainant.
A Pragmatic Analysis of Legal Proofs of Criminal Intent by Sol Azuelos-Atias