By Sol Azuelos-Atias
A practical research of criminal Proofs of felony motive is a close research of proofs of legal motive in Israeli courtrooms. The booklet analyses linguistic, pragmatic, interpretative and argumentative suggestions utilized by Israeli legal professionals and judges that allows you to learn the defendant’s purpose. There might be without doubt that this topic is valuable of a radical research. A person’s purpose is a mental phenomenon and as a result, until the defendant chooses to admit his rationale, it can't be confirmed at once – both by means of facts or by way of witnesses’ tales. The defendant’s purpose needs to be inferred often from the general conditions of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures might be taken into consideration. The linguistic research of those inferences provided here's unavoidably accomplished: it calls for attention of various theoretical frameworks together with speech act conception, discourse research, argumentation conception, polyphony conception and textual content linguistics.
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Additional info for A Pragmatic Analysis of Legal Proofs of Criminal Intent
My emphasis, my translation). e. e. waiting in ambush and his being equipped with the iron bar that was identified as the instrument of the murder. 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.
A suitable choice of words and connectives allows the speaker to provide additional semantic and pragmatic aspects to the taxemes beyond the accumulation of details during the discussion; additional evaluative aspects recommend a certain interpretation supporting the direction of the speaker’s argument. Attitudinal expressions of the prosecutor also relate to how reliable the central figures in the discourse are, according to his interpretation. An implied evaluation of their reliability is reflected not only by means of lexical items in the text 63.
59 Causing harm is a characteristic element of criminal offences; in other words, the prosecution’s narrative must prove the existence of the causal relations mentioned in the legal definition of the offence in order to infer the criminal responsibility of the defendant. I will show that existence of a causal relation may be implied by a suitable chronological succession of events; the occurrence is normally presented by the prosecutor as a sequence of events that has logical meaning in terms of physical causation.
A Pragmatic Analysis of Legal Proofs of Criminal Intent by Sol Azuelos-Atias