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Download e-book for iPad: A Forensic Linguistic Approach to Legal Disclosures: ERISA by James Stratman

By James Stratman

ISBN-10: 1138920053

ISBN-13: 9781138920057

This ebook is a scholarly paintings of forensic linguistics that demonstrates how the foundations of Gricean pragmatics and their fresh elaboration in details Manipulation idea (IMT) might be of use to courts confronted with finding out situations of allegedly fraudulent disclosure files. the standard aim of criminal principles for disclosure records isn't really simply to avoid mendacity yet different kinds of deception in addition. specifically, the target of those ideas is to strength the communicator to bare info which can reason fabric damage to yes receivers, harms that the communicator, for varied purposes of self-interest, may wish to hold mystery or hidden. simply because IMT and the Gricean framework have seldom been utilized in released reviews to enquire legally mandated disclosure files geared toward laypersons, this ebook seeks to counterpoint present explications of the rhetorical "workings" of misleading disclosures in the broader Gricean culture of pragmatics. The e-book questions the basic relationships between Grice’s maxims in addition to the a lot circulated concept that violation of a few maxims is extra misleading and extra immoral than violations of others. furthermore, the publication additionally makes an attempt to teach how a variety of different theories and study in discourse linguistics and interpreting comprehension can be utilized to aid IMT analyses in addressing the discourse processing concerns detailed to legally required disclosure texts. during this means the ebook contributes to the bigger twin undertaking of the sector of forensic linguistics, that's either to appreciate and to enhance courts’ effect on social justice.

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Extra resources for A Forensic Linguistic Approach to Legal Disclosures: ERISA Cash Balance Conversion Cases and the Contextual Dynamics of Deception

Example text

For example, 34â•… The Cash Balance Conversion Controversy if the annual benefit the employee had earned under the old plan as of the date of conversion was $12,000 ($1,000 per month), the new opening account balance under the new plan might be recalculated to be only $6,400 ($533 per month)—a discount of 47€percent. This discounted value then becomes the new opening balance. 1 At the time of the CIGNA and El Paso cash balance conversions, there was nothing in ERISA explicitly prohibiting this maneuver.

They argue that cases 1 and 2 will be evaluated for deceptiveness more accurately by us if they are not framed against cases 3 and 4, as they are here. Ultimately, this position claims that the silence of the bystander, as a form or type of communicative response to the blind person’s situation, irrefutably becomes a causal variable or factor in whatever occurs next and does so regardless of the bystander’s intention. In particular, this argument for equivalent deceptiveness rests on the claim that the bystander’s silence inevitably enters into whatever thinking about her situation the blind person is pursuing and does so in a way that is almost certainly different than if she was simply alone on the street corner.

It is an important task of this book to try to explicate how different kinds of contexts may affect the impact of specific omissions upon employee readers’ understanding. I€will take up the theoretical issue of contextual effects in more detail in Chapter€3. Indeed, despite admitting that they omitted certain express statements, employers may nonetheless argue during litigation that their required disclosures cumulatively provided sufficient ‘cues’ that, when properly combined by the reader, clearly imply that employees could or would experience all three of the harmful transition effects previously enumerated.

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A Forensic Linguistic Approach to Legal Disclosures: ERISA Cash Balance Conversion Cases and the Contextual Dynamics of Deception by James Stratman


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