Forensic Linguistic Approach to Legal Disclosures

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Amara v. CIGNA
Author_James Stratman
Benefit Accrual
Bystander's Silence
Cash Account Balances
Cash Balance
Cash Balance Pension Plan
Cash Balance Plan
Category=CFG
Category=JKVF1
Circuit Court
Consolidated Omnibus Budget Reconciliation Act
deceptive communication research
Defined Benefit Plans
disclosure
disclosure documents
discourse pragmatics
El Paso
El Paso Natural Gas
Employee Readers
Employee Update
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eq_dictionaries-language-reference
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
eq_non-fiction
eq_society-politics
ERISA
ERISA's Requirement
forensic discourse analysis
forensic linguistics
Future Pension Benefit
Grice's maxims
Gricean
Gricean Maxims
Gricean pragmatics
IMT
information manipulation theory
legal text comprehension
linguistic analysis of ERISA disclosures
Longer Service Employees
Maxim Violations
Mercantile Bank
pension fraud
Plan Amendment
pragmatic inference
Precursor Documents
Quantity Violations
Retirement Benefits
social justice linguistics
Summary Plan Description
Tomlinson v. El Paso Natural Gas

Product details

  • ISBN 9780367023492
  • Weight: 453g
  • Dimensions: 152 x 229mm
  • Publication Date: 23 Aug 2018
  • Publisher: Taylor & Francis Ltd
  • Publication City/Country: GB
  • Product Form: Paperback
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This book is a scholarly work of forensic linguistics that demonstrates how the principles of Gricean pragmatics and their recent elaboration in Information Manipulation Theory (IMT) can be of use to courts faced with deciding cases of allegedly fraudulent disclosure documents. The usual goal of legal rules for disclosure documents is not merely to prevent lying but other forms of deception as well. In particular, the goal of these rules is to force the communicator to reveal information that could cause material harm to certain receivers, harms that the communicator, for various reasons of self-interest, might prefer to keep secret or hidden. Because IMT and the Gricean framework have seldom been used in published studies to investigate legally mandated disclosure documents aimed at laypersons, this book seeks to enrich current explications of the rhetorical "workings" of deceptive disclosures within the broader Gricean tradition of pragmatics. The book questions the fundamental relationships among Grice’s maxims as well as the much circulated notion that violation of some maxims is more deceptive and more immoral than violations of others. In addition, the book also attempts to show how various other theories and research in discourse linguistics and reading comprehension can be used to support IMT analyses in addressing the discourse processing issues unique to legally required disclosure texts. In this way the book contributes to the larger dual mission of the field of forensic linguistics, which is both to understand and to improve courts’ impact on social justice.

James Stratman is Associate Professor at the University of Colorado Denver, USA.

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