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Datamining the Meaning(s) of Progress
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In: BYU Law Review (2017)
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| 5 |
Ordinary Meaning and Corpus Linguistics
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In: BYU Law Review (2017)
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| 6 |
Corpus Linguistics and the Criminal Law
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In: BYU Law Review (2017)
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| 7 |
Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made in Germany
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In: BYU Law Review (2017)
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| 8 |
The Original Meaning of “religion” in the First Amendment: A Test Case of Originalism’s Utilization of Corpus Linguistics
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In: BYU Law Review (2017)
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| 9 |
The Dictionary as a Specialized Corpus
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In: BYU Law Review (2017)
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| 10 |
Triangulating Public Meaning: Corpus Linguistics, Immersion, and the Constitutional Record
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In: BYU Law Review (2017)
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| 11 |
The Power of Words: A Comment on Hamann and Vogel’s Evidence-Based Jurisprudence Meets Legal Linguistics—Unlikely Blends Made in Germany
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In: BYU Law Review (2017)
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| 12 |
Corpus Linguistics as a Tool in Legal Interpretation
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In: BYU Law Review (2017)
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| 13 |
A Lawyer’s Introduction to Meaning in the Framework of Corpus Linguistics
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In: BYU Law Review (2017)
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Abstract:
Corpus linguistics is more than just a new tool for legal interpretation. Work in corpus linguistics has generated new ways of thinking about word meaning and about the interpretation of words in context. These insights challenge the assumptions that lawyers and judges generally make about words and their meaning. Although the words that make up a sentence are generally regarded as the basic units of meaning, corpus analysis has shown that in many cases, the meaning of a word as it is used in a given context is a function, not of the word by itself, but of the word’s interaction with that context. In the many instances in which that is the case, it will often make sense to regard the basic unit of meaning as a multi-word expression that includes not only the word in question but also the relevant parts of the context. That basic insight, which grew out of work on the world’s first dictionary based on an electronic corpus, opens the door to new ways for lawyers and judges to analyze issues of word meaning. This Article begins by contrasting two themes that run through legal interpretation: on the one hand, the view that word meanings are clearly delineated abstract entities that exist independently of the use of the word in context, and on the other hand, the view that word meanings exist only in context. (The Article comes down strongly in support of the latter view.) After setting out these two competing themes, the Article introduces the phenomenon of collocation—the tendency of certain words to co-occur disproportionately with certain other words. The study of collocation served as the starting point for the work that ultimately generated the new insights into the nature of word meaning.The Article then describes the development of that work, much of which was done as part of creating the first corpus-based dictionary. The Article summarizes some of the findings that were made by the lexicographers, and the conclusions about word meaning that followed from those findings. Some of those conclusions may strike readers as radical, since they call into question many widely held assumptions about word meaning. Finally, in order to demonstrate how the new approach can be used in legal interpretation, the Article undertakes a corpus analysis of the issue in the well-known case of Muscarello v. United States: whether driving to the site of a drug deal with a gun in the glove compartment constitutes “carrying a firearm.”
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Keyword:
Applied Linguistics; Constitutional Law; Legal Profession
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URL: https://digitalcommons.law.byu.edu/lawreview/vol2017/iss6/6
https://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=3129&context=lawreview
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| 14 |
Advancing Law and Corpus Linguistics: Importing Principles and Practices from Survey and Content Analysis Methodologies to Improve Corpus Design and Analysis
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In: BYU Law Review (2017)
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| 15 |
Integrating Colloquial Arabic in the Classroom: A Study of Students’ and Teachers’ Attitude and Effect
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In: Faculty Contributions to Books (2017)
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| 16 |
Video-based interaction, negotiation for comprehensibility, and second language speech learning: a longitudinal study
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| 18 |
Spaces of consumption and senses of place: a geosemiotic analysis of three markets in Hong Kong
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| 19 |
Effects of sound, vocabulary and grammar learning aptitude on adult second language oral ability in foreign language classrooms
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