front cover of The Language of Judges
The Language of Judges
Lawrence M. Solan
University of Chicago Press, 1993
Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system.

Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote.

A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.
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front cover of The Language of Statutes
The Language of Statutes
Laws and Their Interpretation
Lawrence M. Solan
University of Chicago Press, 2010

Pulling the rug out from debates about interpretation, The Language of Statutes joins together learning from law, linguistics, and cognitive science to illuminate the fundamental issues and problems in this highly contested area. Here, Lawrence M. Solan argues that statutory interpretation is alive, well, and not in need of the major overhaul that many have suggested. Rather, he suggests, the majority of people understand their rights and obligations most of the time, with difficult cases occurring in circumstances that we can predict from understanding when our minds do not work in a lawlike way.

Solan explains that these cases arise because of the gap between our inability to write crisp yet flexible laws on one hand and the ways in which our cognitive and linguistic faculties are structured on the other. Making our lives easier and more efficient, we’re predisposed to absorb new situations into categories we have previously formed—but in the legislative and judicial realms this can present major difficulties. Solan provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable.

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Speaking of Crime
The Language of Criminal Justice
Lawrence M. Solan and Peter M. Tiersma
University of Chicago Press, 2004
Why do so many people voluntarily consent to searches by have the police search their person or vehicle when they know that they are carrying contraband or evidence of illegal activity? Does everyone understand the Miranda warning? How well can people recognize a voice on tape? Can linguistic experts identify who wrote an anonymous threatening letter?

Speaking of Crime answers these questions and examines the complex role of language within our criminal justice system. Lawrence M. Solan and Peter M. Tiersma compile numerous cases, ranging from the Lindbergh kidnapping to the impeachment trial of Bill Clinton to the JonBenét Ramsey case, that provide real-life examples of how language functions in arrests, investigations, interrogations, confessions, and trials. In a clear and accessible style, Solan and Tiersma show how recent advances in the study of language can aid in understanding how legal problems arise and how they might be solved.

With compelling discussions current issues and controversies, this book is a provocative state-of-the-art survey that will be of enormous value to legal scholars and professionals throughout the criminal justice system.
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Speaking of Crime
The Language of Criminal Justice
Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales
University of Chicago Press

An essential introduction to the use and misuse of language within the criminal justice system, updated for a new generation.

Does everyone understand the Miranda warning? Why do people confess to a crime they did not commit? Can linguistic experts identify who wrote an anonymous threatening letter? Since its first publication, Speaking of Crime has been answering these questions. Introducing major topics and controversies at the intersection of language and law, Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales apply multidisciplinary insights to examine the complex role of language within the US justice system.

The second edition features in-depth discussions of recent cases, new legislation, and innovative research advances, and includes a new chapter on who interprets the laws governing linguistic contexts. Thoroughly updated and approachable, Speaking of Crime is a state-of-the-art survey that will be useful to scholars, students, and practitioners throughout the criminal justice system.

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