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

By Sol Azuelos-Atias

A realistic research of criminal Proofs of legal motive is a close research of proofs of felony rationale in Israeli courtrooms. The publication analyses linguistic, pragmatic, interpretative and argumentative innovations utilized by Israeli legal professionals and judges which will research the defendant’s purpose. There might be without doubt that this topic is precious of a radical research. A person’s goal is a mental phenomenon and for this reason, until the defendant chooses to admit his rationale, it can't be confirmed without delay – both by way of facts or through witnesses’ stories. The defendant’s purpose has to be inferred frequently from the final situations 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 inevitably entire: it calls for attention of a number of theoretical frameworks together with speech act idea, discourse research, argumentation concept, polyphony thought and textual content linguistics.

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In order to study the linguistic methods enabling implication of causation . 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.

Chapter 2. 17 I shall now illustrate implication of causation by simultaneity. In order to convict a defendant of rape, the prosecution has to prove that, in the case judged by the court, the defendant had sexual intercourse with the complainant without her consent. In the next example, the offence of which the defendant is accused is rape, section 345 (b) (3) + section 32 (4) of the Israeli Penal Law 5737–1977; the prosecution proved this by claiming that the use of force and threats by the defendant occurred simultaneously with the (enforced) cooperation of the complainant.

57. , 412. 58. According to modern science, every phenomenon is endowed with several possible standpoints; each one of them may have some influence on what is going to happen and how it will happen. The term used in the philosophy of the science concerning this relation is the “observational standpoint”. Reissman (1994: 620) Other terms which are used by lawyers, philosophers and poets, such as “standpoint”, “point of view” and “observation point” will also be used. 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.

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