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

By Sol Azuelos-Atias

A realistic research of felony Proofs of felony rationale is a close research of proofs of legal reason in Israeli courtrooms. The booklet analyses linguistic, pragmatic, interpretative and argumentative suggestions utilized by Israeli legal professionals and judges to be able to research the defendant’s purpose. There may be doubtless that this topic is precious of a radical research. A person’s purpose is a mental phenomenon and hence, except the defendant chooses to admit his cause, it can't be confirmed without delay – both by way of facts or by means of witnesses’ stories. The defendant’s goal needs to be inferred often from the final conditions of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures will be taken into consideration. The linguistic research of those inferences awarded here's inevitably complete: it calls for attention of various theoretical frameworks together with speech act concept, discourse research, argumentation idea, polyphony thought and textual content linguistics.

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The topos serves therefore as a link of the hidden but vital connection between the facts connected with the event and the claims raised by the prosecution. 2 The defence’s description of the chain of events The defence claimed that the prosecution ignored some facts which were necessary in order to understand the event.

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.

For a discussion on the distinction between result offences whose characterization depends on inducing certain harmful results and offences whose existence depends on certain circumstances determining the negative value of the conduct constituting the offence, see Feller (1984: 381). For the debate concerning the characteristically causal relation to result offences, see Feller (1992: 249–252). Chapter 2. Legal causation and criminal intent by simultaneity (or almost simultaneity), I will analyse the way the institutional speakers of legal discourse apply suitable time conjunctions in their reconstruction of the occurrence discussed in court.

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