Research on legal discourse has developed according to a variety of perspectives. As for descriptive accounts, two approaches are noteworthy. Firstly, Anglophone scholars have dealt with legal language from a genre-based viewpoint. Secondly, French studies have focused on argumentation in judicial texts, by considering the forms of reasoning involved in it and, albeit more rarely, its linguistic constituents. This paper aims at reinforcing the linguistic component of the analysis of legal discourse, by carrying out a corpus-based genre analysis on a (...) sample of 40 judgments. First of all, the results of the investigation of the genre structure of judgments will be presented. The comparative approach adopted will show that the differences between European and English/Irish judgments mainly concern the generic move Arguing the case. Secondly, analysis will concentrate in more detail on one of the most frequent tools used in the discursive construction of argumentation within the aforementioned move, i.e. the widely spread reporting verb HOLD. A study of its concordances suggests that it is used in all types of judgments as a meta-argumentative operator signalling either an authoritative stance taken by the Court or an equally authoritative reported argumentation of another judge or court. (shrink)

In the seventeenth century, a vision arose which was to captivate the Western imagination for the next three hundred years: the vision of Cosmopolis, a society as rationally ordered as the Newtonian view of nature. While fueling extraordinary advances in all fields of human endeavor, this vision perpetuated a hidden yet persistent agenda: the delusion that human nature and society could be fitted into precise and manageable rational categories. Stephen Toulmin confronts that agenda—its illusions and its consequences for our present (...) and future world. "By showing how different the last three centuries would have been if Montaigne, rather than Descartes, had been taken as a starting point, Toulmin helps destroy the illusion that the Cartesian quest for certainty is intrinsic to the nature of science or philosophy."—Richard M. Rorty, University of Virginia "[Toulmin] has now tackled perhaps his most ambitious theme of all.... His aim is nothing less than to lay before us an account of both the origins and the prospects of our distinctively modern world. By charting the evolution of modernity, he hopes to show us what intellectual posture we ought to adopt as we confront the coming millennium."—Quentin Skinner, New York Review of Books. (shrink)