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A Forensic Linguistic Approach to Legal Disclosures: ERISA by James Stratman

By James Stratman

This publication is a scholarly paintings of forensic linguistics that demonstrates how the rules of Gricean pragmatics and their contemporary elaboration in details Manipulation concept (IMT) will be of use to courts confronted with determining instances 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 besides. particularly, the objective of those principles is to strength the communicator to bare info which can reason fabric damage to definite receivers, harms that the communicator, for varied purposes of self-interest, may well like to preserve mystery or hidden. simply because IMT and the Gricean framework have seldom been utilized in released reports to enquire legally mandated disclosure files aimed toward laypersons, this ebook seeks to counterpoint present explications of the rhetorical "workings" of misleading disclosures in the broader Gricean culture of pragmatics. The ebook questions the basic relationships between Grice’s maxims in addition to the a lot circulated thought that violation of a few maxims is extra misleading and extra immoral than violations of others. additionally, the booklet additionally makes an attempt to teach how quite a few different theories and examine in discourse linguistics and interpreting comprehension can be utilized to help IMT analyses in addressing the discourse processing concerns special to legally required disclosure texts. during this method the publication contributes to the bigger twin challenge of the sphere of forensic linguistics, that is 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

Sample text

Tomlinson v. El Paso Corporation and El Paso Pension Plan, 45 Employee Benefits Cas. (BNA) 2534 (D. Colo. 2009). Introductionâ•… 29 Tomlinson v. El Paso Corporation and El Paso Pension Plan, 43 Employee Benefits Cas. (BNA) 1932 (D. Colo. 2008). S. General Accounting Office. (2005). S. General Accounting Office, Health, Education and Human Services Division, 06–42). Washington, DC: Author. S. General Accounting Office. (2000a). S. General Accounting Office, Health, Education and Human Services Division, 00–207).

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Journal of Experimental Social Psychology, 27, 76–105. Stover, M. (2001). Maintaining ERISA’s balance: The fundamental business decision v. the affirmative duty to disclose proposed change. Washington and Lee Law Review, 58, 689–733. Stratman, J. (1988). Contract disclaimers in ERISA summary plans: A€deceptive practice? Industrial Relations Law Journal, 10(3), 350–380. ,€& Dahl, P. (1996). Readers’ comprehension of temporary restraining orders in domestic violence cases: A€missing link in abuse prevention?

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