Chapter

Interpretation across Legal Systems and Cultures:

Vijay K. Bhatia and Christopher N. Candlin

in Legal Discourse across Cultures and Systems

Published by Hong Kong University Press

Published in print January 2008 | ISBN: 9789622098510
Published online September 2011 | e-ISBN: 9789882207141 | DOI: http://dx.doi.org/10.5790/hongkong/9789622098510.003.0006
Interpretation across Legal Systems and Cultures:

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This chapter focuses on the construction and interpretation of international arbitration laws from the perspective of critical genre analysis. Based on the analysis of specific samples of these laws from a number of diverse legal systems and varied socio-political as well as cultural contexts, the discussion suggests that just as the constraints on construction of these legislative statements is not simply a matter of selecting particular linguistic features as a means of communicating legislative intentions in an attempt to control the behaviour of those who are governed by such statements, similarly the interpretation of these intentions does not entirely rely on such linguistic data alone. The first section focuses on the issue of the adequacy of specification of the legal scope of legislative provisions. The second section extends the argument by incorporating socio-pragmatic factors by adducing an example that illustrates how legal interpretation draws on instances of intertextuality.

Keywords: global trade; commerce; arbitration; linguistic data; socio-pragmatic factors; legal meaning

Chapter.  6226 words. 

Subjects: Sociolinguistics

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