Language And The Law In Deaf Communities

Author by : Ceil Lucas
Languange : en
Publisher by : Gallaudet University Press
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Description : Three attorneys and three linguistics scholars contribute five essays focusing on the intersection of language and law in deaf communities. Coverage includes the language problems of minorities in legal settings, the interrogation of deaf people, interpretation issues for juries that include deaf pe


The Language Of Law

Author by : Andrei Marmor
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 57
Total Download : 135
File Size : 55,8 Mb
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Description : The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.


Language And The Language Of Law

Author by : Nigel Love
Languange : en
Publisher by : Unknown
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Total Read : 24
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The Language Of The Law

Author by : David Mellinkoff
Languange : en
Publisher by : Wipf and Stock Publishers
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 479
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Translation Issues In Language And Law

Author by : Frances Olsen
Languange : en
Publisher by : Palgrave MacMillan
Format Available : PDF, ePub, Mobi
Total Read : 91
Total Download : 584
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Description : Contributions from world-class specialists in Europe and the USA provide an overview of the major linguistic and legal issues arising in legal translation.


Language And The Law

Author by : John Peter Gibbons
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 48
Total Download : 974
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Description : Explains and describes the ways that language use in the legal system can create inequality and disadvantage. It examines the three main areas where the two intersect: the central issue of the language of the law; the disadvantage which language can impose before the law, and forensic linguistics - the use of linguistic evidence in legal processes. Each section of the book is preceded by an introduction by the editor which sets the paper within a conceptual framework. Lawyer's opinions are not neglected even though the collection is written mainly by linguists. The section concludes with a lawyer's response, in which a prominent lawyer with a particular interest in the content of the section responds to the papers.


Philosophical Foundations Of Language In The Law

Author by : Andrei Marmor
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 82
Total Download : 379
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Description : This collection brings together the best contemporary work in the area of philosophy of language and the law. The first area concerns a critical assessment of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, the third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems.


The Language Of English Law

Author by : George Edward Woodbine
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 478
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Legal English

Author by : Rupert Haigh
Languange : en
Publisher by : Routledge Cavendish
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 688
File Size : 47,7 Mb
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Description : English is the dominant language of international business relations. Consequently, a good working knowledge of English is essential for today's legal or business professional. This book, written by an experienced English lawyer, is a comprehensive and highly practical handbook, which focuses on English that is used for legal communication. Divided into three sections, it covers: writing clear and accurate legal documents and letters in English the key situations in which legal and business professionals use oral communication the language used in international business contracts. Concluding with a series of helpful glossaries that explain the meaning of different kinds of words and phrases often found in legal and business English, this is an excellent reference tool for those seeking to improve their legal English.


Meaning And Power In The Language Of Law

Author by : Janny H. C. Leung
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 37
Total Download : 470
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Description : Legal practitioners, linguists, anthropologists, philosophers and others have all explored fundamental challenges presented by language in formulating, interpreting and applying laws. Building on centuries of interaction between legal practice and jurisprudence, the modern field of 'law and language', or 'forensic linguistics', brings insights in linguistics and related fields to bear on topics including legal drafting and translation, statutory interpretation, expert evidence on language use and dynamics of courtroom interaction. This volume presents an interlocking series of research studies engaged with different legal jurisdictions and socio-political contexts as well as with the more abstract notion of 'law'. Together the chapters, written by international leaders in their fields, highlight recent directions in research and investigate in particular how law expresses yet also conceals power relations in its crafted use of words and in the gaps and silence between those words.


The Legal Imagination

Author by : James Boyd White
Languange : en
Publisher by : University of Chicago Press
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 617
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Description : White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal


Language And Law

Author by : Annabelle Mooney
Languange : en
Publisher by : Macmillan International Higher Education
Format Available : PDF, ePub, Mobi
Total Read : 50
Total Download : 130
File Size : 41,7 Mb
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Description : What is legal language and where is it found? What does a forensic linguist do? How can linguistic skills help legal professionals? We are constantly surrounded by legal language, but sometimes it is almost impossible to understand. Providing extracts from real-life legal cases, this highly usable and accessible textbook brims with helpful examples and activities that will help you to navigate this area. Language and Law: • introduces useful linguistic concepts and tools • outlines the methods linguists employ to analyse legal language and language in legal situations • includes topics on such as: written legal language; threats, warnings and speech act theory; courtroom interactions and the work linguists do to help solve crimes; physical and 'spoken' signs; and the creativity of legal language


The Pragmatic Turn In Law

Author by : Janet Giltrow
Languange : en
Publisher by : Walter de Gruyter GmbH & Co KG
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 255
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Description : In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers … the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, … beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic… meaning confined to the text vs. reaching beyond it … will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.


Speaking Of Language And Law

Author by : Peter Meijes Tiersma
Languange : en
Publisher by : Oxford Studies in Language and
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 277
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Description : Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.


Rethinking Law And Language

Author by : Jan M. Broekman
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 13
Total Download : 743
File Size : 43,9 Mb
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Description : The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life.


The Oxford Handbook Of Language And Law

Author by : Peter M. Tiersma
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 492
File Size : 51,8 Mb
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Description : This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal language, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopaedic in scope, the handbook includes chapters written by experts from every contentint who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.


Dictionary Of Legal Terms

Author by : Steven H. Gifis
Languange : en
Publisher by : Turtleback
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 195
File Size : 53,8 Mb
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Description : Defines over two thousand legal terms, from abatement and bad faith to yellow dog contract and zoning


Plain Language Legal Writing

Author by : Cheryl Stephens
Languange : en
Publisher by : Lulu.com
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 993
File Size : 52,9 Mb
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Description : A complete guide to clean, precise and understandable legal writing So many books give you advice that turns out to be hollow: "know your audience," "structure your writing." The real strength in Plain Language Legal Writing is how, throughout, Stephens provides clear instructions on how to accomplish what she's recommending. Instead of just telling you to plan what you're going to write, she walks you step-by-step through the planning. Instead of telling you to consider your audience before writing, she describes in detail the sorts of audiences a legal document might have (more than you'd expect!) and how to best meet their needs. Plain Language Legal Writing will help you produce documents that people are willing to read and able to understand. More: PlainLanguageLegalWriting.comOther versions: e-book


Language Law And Diplomacy

Author by : Alexander Ostrower
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 88
Total Download : 996
File Size : 47,7 Mb
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Description :


Language Meaning And The Law

Author by : Christopher Hutton
Languange : en
Publisher by : Edinburgh University Press
Format Available : PDF, ePub, Mobi
Total Read : 90
Total Download : 369
File Size : 44,8 Mb
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Description : Language, Meaning and the Law offers an accessible, critical guide to debates about linguistic meaning and interpretation in relation to legal language. Law is an ideal domain for considering fundamental questions relating to how we assign meanings to words, understand and comment on texts, and deal with socially and ideologically significant questions of interpretation. The book argues that theoretical issues of concern to linguists, philosophers, literary theorists and others are illuminated by the demands of the legal context, since law is driven by the need for practical solutions and for determinate outcomes based on explicit reasoning. Topics covered include: the relationship of linguistics to legal theory, indeterminacy and statutory interpretation, the theory and practice of using dictionaries in law, defamation and language in the public sphere, and the distinction between perjury and deception. This book does not assume specialist knowledge of the field, and is designed as a self-contained, advanced introduction to a fascinating area of study. The reader will gain an overall insight into issues and debates about meaning and interpretation, as well as an understanding of how these questions are shaped by the legal context.


Language Minorities And Human Rights

Author by : Fernand de Varennes
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 692
File Size : 46,6 Mb
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Description : One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every aspect of language and the law. In addition to presenting a theoretical model for language's particular position and relevance in human rights, it constitutes an invaluable reference document by including the provisions of close to 100 international, multilateral and bilateral instruments involving language rights, as well as the constitutional provisions of 140 countries dealing with language. By addressing little explored areas such as the language rights of indigenous peoples, non-citizens and even the use of script, in addition to more traditional topics such as nationalism and language, freedom of expression and non-discrimination, Language, Minorities and Human Rights proposes a complete descriptive picture of language and human rights as well as proposing a number of suggestions on how to address and balance the many problems currently caused by the linguistic demands of various individuals and the interests of states in nation building.


The Language Of Law

Author by : Andrei Marmor
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 400
File Size : 46,6 Mb
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Description : The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.


The Language Of Law And Food

Author by : Salvatore Mancuso
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 806
File Size : 53,6 Mb
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Description : This book reconsiders the use of food metaphors and the relationship between law and food in an interdisciplinary perspective to examine how food related topics can be used to describe or identify rules, norms, or prescriptions of all kinds. The links between law and food are as old as the concept of law. Many authors have been using such links in creative ways to express specific features of law. This is because the language of food and cooking offers legal thinkers and teachers mouth-watering metaphors, comparing rules to recipes, and their combination to culinary processes. This collection focuses on this relationship between law and food and takes us far beyond their mere interaction, to explore different ways of using these two apparently so diverse elements to describe different phenomena of the legal reality. The authors use the link between food and law to describe different aspects of the legal landscape in different areas and jurisdictions. Bringing together metaphors and indirect correlations between law and food, the book explores different models of approaching legal issues and considering different legal challenges from a completely new perspective, in line with the multidisciplinary approach that leads comparative legal studies today and, to a certain extent, revisiting and enriching it. With contributions in English and French, the book will be of interest to academics and researchers working in the areas of law and food, law and language, and comparative legal studies.


Exploring Courtroom Discourse

Author by : Le Cheng
Languange : en
Publisher by : Law, Language and Communication
Format Available : PDF, ePub, Mobi
Total Read : 62
Total Download : 954
File Size : 47,9 Mb
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Description : This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels. The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.


The Legal Language Of Scottish Burghs

Author by : Joanna Kopaczyk
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 50
Total Download : 337
File Size : 44,9 Mb
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Description : This book offers an innovative, corpus-driven approach to historical legal discourse. It is the first monograph to examine textual standardization patterns in legal and administrative texts on the basis of lexical bundles, drawing on a comprehensive corpus of medieval and early modern legal texts. The book's focus is on legal language in Scotland, where law--with its own nomenclature and its own repertoire of discourse features--was shaped and marked by the concomitant standardizing of the vernacular language, Scots, a sister language to the English of the day. Joanna Kopaczyk's study is based on a unique combination of two methodological frameworks: a rigorous corpus-driven data analysis and a pragmaphilological, context-sensitive qualitative interpretation of the findings. Providing the reader with a rich socio-historical background of legal discourse in medieval and early modern Scottish burghs, Kopaczyk traces the links between orality, community, and law, which are reflected in discourse features and linguistic standardization of legal and administrative texts. In this context, the book also revisits important ingredients of legal language, such as binomials or performatives. Kopaczyk's study is grounded in the functional approach to language and pays particular attention to referential, interpersonal, and textual functions of lexical bundles in the texts. It also establishes a connection between the structure and function of the recurrent patterns, and paves the way for the employment of new methodologies in historical discourse analysis.


Law And Language

Author by : Tsz-Shan Wei
Languange : en
Publisher by : Open Dissertation Press
Format Available : PDF, ePub, Mobi
Total Read : 61
Total Download : 434
File Size : 45,6 Mb
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Description : This dissertation, "Law and Language: Problems of Meaning and Interpretation in the Hong Kong Courts" by Tsz-shan, Wei, 韋子山, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled Law and Language: Problems of Meaning and Interpretation in the Hong Kong Courts submitted by Wei Tsz Shan for the degree of Master of Philosophy at the University of Hong Kong in November 2000 When we talk about legal disputes in law cases, all of them can be generalized as the question: does 'X' fall within the meaning of 'Y'?; that is, they can be understood as questions of 'categorization'. A legal judgment is actually a decision of categorizing a factual scenario (i.e. the alleged act) into a 'category' (i.e. the provision of a statute). If the act of the defendant (i.e. X) is considered by judges (or the jury) as falling within the provision of the statute (i.e. Y), the defendant shall be convicted. In considering whether 'X' (i.e. a concept, an event or an object) is 'Y', the legal practitioners have to know the meaning of 'X' and 'Y'. However, it is not easy to clarify what do 'X' and "Y' mean. Lord Reid's remarks, 'Normally, the meaning of words, is a question of law for the courts' and 'the meaning of an ordinary word of the English language is not a question of law', can be perceived as a precise description of the problems of meaning in legal interpretation. Language is intrinsically indeterminate. The legal practitioners are working with the problems of ambiguity and vagueness, open texture of words and penumbra of uncertainty, and blurred word boundaries etc. The adoption of different interpretive approaches and other factors, such as habitual collocation, legislative intents and intended social effects, authenticity of the two language texts and hierarchical structure of the courts will also contribute to the complexity of interpretation. i Under a monolingual legal system, legal practitioners normally have to face the problems of meaning of one language only. Under a bilingual (or multi-lingual) legal system, with the addition of one (or more) language(s), they have to face, at least, one more problems i.e. translatability, which will complicate the job of legal interpretation. In Hong Kong, because legal bilingualism is practised, both the Chinese and the English language texts are equally authentic. Neither text shall prevail over the other. If discrepancies in meaning exist between the two language texts, reconciliation has to be found. The problems of translatability will not only aggravate the already-existing problems of legal interpretation, but also create more. Two approaches: the dictionary and prototype theory have been employed to see if they can, or cannot, help to deal with the problems of meaning in law. The dictionary and prototype theory have been selected because the former serves the purpose of defining meanings; the latter is concerned with classification. Seven court cases have been selected as the testing grounds for the contribution of these two means. Six of them took place in Hong Kong and one is from the jurisdiction of the United States. The focal points of discussion of this thesis are (1) how word meanings are interpreted in different legal contexts; (2) what problems of interpretation will be; and (3) whether the dictionary and prototype theory have a role to play in solving problems of legal interpretation. ii DOI: 10.5353/th_b2973969 Subjects: Law - China - Hong Kong - Interpretation and constru