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LEGAL SEMIOTICS MONOGRAPHS, Vol. IX

A Tale of Two Remedies

Equity, Verb Aspect and the Whorfian Hypothesis

Dennis Kurzon

Dr. Dennis Kurzon is Senior Lecturer in English Linguistics at the University of Haifa in Israel, and has published extensively on law and language and legal semiotics. His It is Hereby Performed: Explorations in Legal Speech Acts (1986) is much cited, and he has recently published Discourse of Silence (1997).

This book presents a model which sets out in linguistic terms the process by which court decisions on equitable remedies (injunctions and specific performance) are reached. The process is explained in terms of the distinction between the perfective and imperfective aspects, which in European languages involves mainly the verb phrase. Justification for such an approach is based on the Whorfian hypothesis, which states that to a certain extent language determines thought. The hypothesis is applied to the origins of these remedies, and the development of the aspectual system in Middle English.

With case studies of American and English cases from both the 15th century and the modern period, the book will interest both legal historians and students of the linguistics of law.

CONTENTS

Part One: The Whorfian Hypothesis and Remedies

Chapter 1	  Introduction	
Chapter 2	  Verb Aspect	
Chapter 3	  Development of Aspect in English	
Chapter 4	  An Old Tale	

Part Two: Verb Aspect and Remedies

Chapter 5	  The Model	
Chapter 6    Classical Equity Tales	
Chapter 7	  Modern Tales	
Chapter 8	  Conclusion	
Bibliography

Hardback	  ISBN 0-9528938-2-7   142pp.
  

Published August 1998

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