{"title":"语料库语言学在法律解释中的应用","authors":"Neal Goldfarb","doi":"10.1146/ANNUREV-LINGUISTICS-050520-093942","DOIUrl":null,"url":null,"abstract":"Over the past decade, the idea of using corpus linguistics in legal interpretation has attracted interest on the part of judges, lawyers, and legal academics in the United States. This review provides an introduction to this nascent movement, which is generally referred to as Law and Corpus Linguistics (LCL). After briefly summarizing LCL's origin and development, I situate LCL within legal interpretation by discussing the legal concept of ordinary meaning, which establishes the framework within which LCL operates. Next, I situate LCL within linguistics by identifying the subfields that are most relevant to LCL. I then offer a linguistic justification for an idea that is implicit in the case law and that provides important support for using corpus analysis in legal interpretation: that data about patterns of usage provide evidence of how words and other expressions are ordinarily understood. I go on to discuss linguistic issues that arise from the use of corpus linguistics in disputes that involve lexical ambiguity and categorization. Finally, I point out some challenges that the growth of LCL will present for both legal professionals and linguists.","PeriodicalId":45803,"journal":{"name":"Annual Review of Linguistics","volume":"7 1","pages":""},"PeriodicalIF":3.0000,"publicationDate":"2020-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The Use of Corpus Linguistics in Legal Interpretation\",\"authors\":\"Neal Goldfarb\",\"doi\":\"10.1146/ANNUREV-LINGUISTICS-050520-093942\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Over the past decade, the idea of using corpus linguistics in legal interpretation has attracted interest on the part of judges, lawyers, and legal academics in the United States. This review provides an introduction to this nascent movement, which is generally referred to as Law and Corpus Linguistics (LCL). After briefly summarizing LCL's origin and development, I situate LCL within legal interpretation by discussing the legal concept of ordinary meaning, which establishes the framework within which LCL operates. Next, I situate LCL within linguistics by identifying the subfields that are most relevant to LCL. I then offer a linguistic justification for an idea that is implicit in the case law and that provides important support for using corpus analysis in legal interpretation: that data about patterns of usage provide evidence of how words and other expressions are ordinarily understood. I go on to discuss linguistic issues that arise from the use of corpus linguistics in disputes that involve lexical ambiguity and categorization. Finally, I point out some challenges that the growth of LCL will present for both legal professionals and linguists.\",\"PeriodicalId\":45803,\"journal\":{\"name\":\"Annual Review of Linguistics\",\"volume\":\"7 1\",\"pages\":\"\"},\"PeriodicalIF\":3.0000,\"publicationDate\":\"2020-06-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Annual Review of Linguistics\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://doi.org/10.1146/ANNUREV-LINGUISTICS-050520-093942\",\"RegionNum\":1,\"RegionCategory\":\"文学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"LANGUAGE & LINGUISTICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Annual Review of Linguistics","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1146/ANNUREV-LINGUISTICS-050520-093942","RegionNum":1,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"LANGUAGE & LINGUISTICS","Score":null,"Total":0}
The Use of Corpus Linguistics in Legal Interpretation
Over the past decade, the idea of using corpus linguistics in legal interpretation has attracted interest on the part of judges, lawyers, and legal academics in the United States. This review provides an introduction to this nascent movement, which is generally referred to as Law and Corpus Linguistics (LCL). After briefly summarizing LCL's origin and development, I situate LCL within legal interpretation by discussing the legal concept of ordinary meaning, which establishes the framework within which LCL operates. Next, I situate LCL within linguistics by identifying the subfields that are most relevant to LCL. I then offer a linguistic justification for an idea that is implicit in the case law and that provides important support for using corpus analysis in legal interpretation: that data about patterns of usage provide evidence of how words and other expressions are ordinarily understood. I go on to discuss linguistic issues that arise from the use of corpus linguistics in disputes that involve lexical ambiguity and categorization. Finally, I point out some challenges that the growth of LCL will present for both legal professionals and linguists.
期刊介绍:
The Annual Review of Linguistics, in publication since 2015, covers significant developments in the field of linguistics, including phonetics, phonology, morphology, syntax, semantics, pragmatics, and their interfaces. Reviews synthesize advances in linguistic theory, sociolinguistics, psycholinguistics, neurolinguistics, language change, biology and evolution of language, typology, as well as applications of linguistics in many domains.