Criminal Law

Download e-book for iPad: A Pragmatic Analysis of Legal Proofs of Criminal Intent by Sol Azuelos-Atias

By Sol Azuelos-Atias

ISBN-10: 9027227160

ISBN-13: 9789027227164

ISBN-10: 9027292159

ISBN-13: 9789027292155

A realistic research of criminal Proofs of legal purpose is a close research of proofs of felony cause in Israeli courtrooms. The ebook analyses linguistic, pragmatic, interpretative and argumentative options utilized by Israeli attorneys and judges to be able to study the defendant’s goal. There should be doubtless that this topic is necessary of an intensive research. A person’s purpose is a mental phenomenon and hence, until the defendant chooses to admit his purpose, it can't be confirmed without delay – both by means of facts or through witnesses’ stories. The defendant’s purpose has to be inferred often from the general situations of the case; verbal and situational contexts, cultural and ideological assumptions and implicatures will be taken under consideration. The linguistic research of those inferences provided here's unavoidably accomplished: it calls for attention of a number of theoretical frameworks together with speech act thought, discourse research, argumentation idea, polyphony idea and textual content linguistics.

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A person’s “intention” – and this is true regarding recklessness and negligence as well – is “a psychological phenomenon that cannot be proved by evidence or witnesses’ testimonies. It is unavoidable then that the court ought to infer this intention from the sum total of circumstances proved before it” (Kadmi 1994: 87). That is to say, the court ought to infer a person’s intention unless he discloses the secrets of his heart – in which case his intention can be proved directly. A person’s intention is proved in court therefore: by circumstantial evidence – as happens in the majority of cases; or by direct evidence – by proving some “statement” revealing the intention (p.

This evaluative system gives illocutionary force to what is said, it gives the texts (the words of the discourse and their cohesive organization) their direction, their intended functions and aims. The attitude of the prosecutor is reflected in his attempts to present the concrete evidence of the occurrence as having a certain evaluative meaning. The meaning suggested by the prosecutor is supported by normative-legal rules, which relate both to the relationship between the person and his deeds and to the relationship between the world of norms and values and that of deeds and behaviour.

The controversy at the basis of the parties’ arguments has to do mainly with the transition from the representation of the facts that includes narrative objects, to legislative provisions which have already organized the facts as abstract narrative objects. Since the legal conclusion is not inferred from the facts alone but takes into consideration the conflict of values and the need to decide in a just and suitable manner – according to the social values, each party “manipulates” the details of the story in order to interpret the contents of the conflict according to the party’s function and aim in the discourse.

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


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