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

By Sol Azuelos-Atias

A practical research of criminal Proofs of felony reason is an in depth research of proofs of legal purpose in Israeli courtrooms. The e-book analyses linguistic, pragmatic, interpretative and argumentative techniques utilized by Israeli legal professionals and judges for you to learn the defendant’s purpose. There might be doubtless that this topic is useful of a radical research. A person’s purpose is a mental phenomenon and consequently, except the defendant chooses to admit his rationale, it can't be confirmed without delay – both via facts or through witnesses’ stories. The defendant’s goal has to be inferred often from the general conditions of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures could be taken into consideration. The linguistic research of those inferences awarded here's unavoidably entire: it calls for attention of a number of theoretical frameworks together with speech act concept, discourse research, argumentation conception, polyphony idea and textual content linguistics.

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The integration principles unifying the succession of events into a narrative of a criminal occurrence (chronological order and causal bringing about) are also crucial for a proof of criminal intent; the narrative of a criminal occurrence must account for the characters’ inner world and intentions. These characters acquire a certain amount of unique identity when the speakers picture them as having a certain concrete characteristics. 61 The story told by each of the parties is supported by arguments intended to convince the court to accept the party’s point of view; these arguments rest, undoubtedly, upon professional judicial knowledge but they make sure to emphasize 59.

61 The story told by each of the parties is supported by arguments intended to convince the court to accept the party’s point of view; these arguments rest, undoubtedly, upon professional judicial knowledge but they make sure to emphasize 59. 1 above. In what concerns the analysis of the different functions of a character in the story according to the pragmatic considerations motivating the narrator of the story, see for instance LiebesPlesner (1984); Mautner (1998); Bogosh and Don-Yihie (1999).

15 The deceased toppled under the beating and fell down on the ground, and the defendant continued to beat her on the head and on the face with the bar, while she was lying on the ground. c. , my emphasis, my translation). The beating is described in the indictment, then, by means of […verb …+ while + he was acting…] in the first two examples and […verb 1… + by + verb 2 (+ verb 3)…] in the third example. Making use of expressions of simultaneity the beating is described here as a part of a definite situation suggesting, according to the juridical norms, that the defendant had indeed the intention to kill.

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