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Legal Discourse across Cultures and Systems$
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Vijay K. Bhatia, Christopher N. Candlin, and Jan Engberg

Print publication date: 2008

Print ISBN-13: 9789622098510

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622098510.001.0001

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Interpretation across Legal Systems and Cultures:

Interpretation across Legal Systems and Cultures:

A Critical Perspective

Chapter:
(p.126) (p.127) 6 Interpretation across Legal Systems and Cultures:
Source:
Legal Discourse across Cultures and Systems
Author(s):

Vijay K. Bhatia

Christopher N. Candlin

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789622098510.003.0006

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

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