Search Results for "discursive-constructions-of-consent-in-the-legal-process-oxford-studies-in-language-and-law"

Discursive Constructions of Consent in the Legal Process

Discursive Constructions of Consent in the Legal Process

  • Author: Susan Ehrlich,Diana Eades,Janet Ainsworth
  • Publisher: Oxford University Press
  • ISBN: 0199945365
  • Category: Law
  • Page: 352
  • View: 7499
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As a linguistically-grounded, critical examination of consent, this volume views consent not as an individual mental state or act but as a process that is interactionally-and discursively-situated. It highlights the ways in which legal consent is often fictional (at best) due to the impoverished view of meaning and the linguistic ideologies that typically inform interpretations and representations in the legal system. The authors are experts in linguistics and law, who use diverse theoretical and analytical approaches to examine the complex ways in which language is used to seek, negotiate, give, or withhold consent in a range of legal contexts. Authors draw on case studies, or larger research corpora or a wider sociolegal approach, in investigations of: police-citizen interactions in the street, police interviews with suspects, police call handlers, rape and abduction trials, interactions with lay litigants in a multilingual small claims court, a restorative justice sentencing scheme for young offenders, biomedical research, and legal disputes over contracts.

Legal Integration and Language Diversity

Legal Integration and Language Diversity

The Case for Source-Oriented EU Translation

  • Author: C. J. W. Baaij
  • Publisher: Oxford University Press
  • ISBN: 0190680784
  • Category: Law
  • Page: 304
  • View: 7735
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How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, for the purpose of reducing national regulatory differences between Member States. However, in its commitment to the diversity of European languages, its legislative institutions enact legislative instruments in 24 languages. Language Diversity and Legal Integration assesses these seemingly incompatible policy objectives and contemporary translation practices in the EU legislative procedure, and proposes an alternative, source-oriented approach that better serves EU policy objectives. Contrary to the orthodox view in academic literature and to the current policies of the EU, this book suggests that the English language version should serve as the original and only authentic legislative text. Translation into the other language versions should furthermore avoid prioritizing clarity and fluency over syntactic correspondence and employ neologisms for distinctly EU legal concepts. Ultimately, Baaij provides practical solutions to the conflict between the equality of all language versions, and the need for uniform interpretation and application of EU law.

The Language of Fraud Cases

The Language of Fraud Cases

  • Author: Roger W. Shuy
  • Publisher: Oxford University Press
  • ISBN: 0190493615
  • Category: Law
  • Page: 312
  • View: 2383
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In The Language of Fraud Cases, Roger Shuy follows the now well-established format of his previous volumes on language and law. He discusses here eight cases that he himself has consulted on, and that illustrate how linguistics can help to solve the various problems that arise in trying to define fraudulent language in the context of law. He examines speech events, schemas, agendas, speech acts, conversational strategies, as well as smaller language units such as sentences, phrases, words, and sounds, and discusses how these can play a major role in deciding fraud cases. The cases chosen for this volume hinge on recorded language evidence, making them particularly relevant for linguistic analysis, and include cases of government contracts, EPA regulations, foreign corrupt business practices, trade secrets, money laundering, securities trading, art theft, and price fixing. Through his examination of these cases, Shuy demonstrates the significant contribution of linguistic analytical methodology to the understanding of language evidence and its success in revealing willful uses of fraudulent language to achieve financial gain.

Confronting the Death Penalty

Confronting the Death Penalty

How Language Influences Jurors in Capital Cases

  • Author: Robin Conley
  • Publisher: Oxford University Press
  • ISBN: 0199334161
  • Category: Capital punishment
  • Page: 256
  • View: 3855
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"Confronting the Death Penalty probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, Robin Conley explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials."--Provided by publisher.

Dueling Discourses

Dueling Discourses

The Construction of Reality in Closing Arguments

  • Author: Laura Felton Rosulek
  • Publisher: Oxford University Press, USA
  • ISBN: 0199337616
  • Category: Language Arts & Disciplines
  • Page: 235
  • View: 5154
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Dueling Discourses offers qualitative and quantitative analyses of the linguistic and discursive forms utilized by opposing lawyers in their closing arguments during criminal trials. Laura Felton Rosulek analyzes how these arguments construct contrasting representations of the same realities, applying the insights and methodologies of critical discourse analysis and systemic functional linguistics to a corpus of arguments from seventeen trials. Her analysis suggests that silencing (omitting relevant information), de-emphasizing (giving information comparatively less attention and focus), and emphasizing (giving information comparatively more attention and focus) are the key communicative devices that lawyers rely on to create their summations. Through these processes, lawyers' lexical, syntactic, thematic, and discursive patterns, both within individual narratives and across whole arguments, function together to create versions of reality that reflect each individual lawyer's goals and biases. The first detailed analysis of closing arguments, this book will significantly improve our understanding of courtroom discourse. Furthermore, as previous research on all genres of discourse has examined exclusion/inclusion and de-emphasis/emphasis as separate issues rather than as steps on a continuum, this book will advance the field of discourse analysis by establishing the ubiquity of these phenomena.

Conceptions in the Code

Conceptions in the Code

How Metaphors Explain Legal Challenges in Digital Times

  • Author: Stefan Larsson
  • Publisher: Oxford University Press
  • ISBN: 0190650389
  • Category: Intellectual property
  • Page: 272
  • View: 5156
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Stefan Larsson's Conceptions in the Code makes a significant contribution to sociolegal analysis, representing a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. The overall analysis draws from conceptual studies of "property" in intellectual property. By using Karl Renner's account of property, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an analysis of the concept of "copy" in copyright as well as the metaphorical battle of defining the BitTorrent site "The Pirate Bay" in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and thereby how normative aspects of the source concept also stains the target domain. The book also draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the oft-praised "openness" of digital innovation.

Law at Work

Law at Work

Studies in Legal Ethnomethods

  • Author: Baudouin Dupret,Michael Lynch,Tim Berard
  • Publisher: Oxford University Press
  • ISBN: 0190272902
  • Category: Language Arts & Disciplines
  • Page: 320
  • View: 8194
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The studies in this volume use ethnographic, ethnomethodological, and sociolinguistic research to demonstrate how legal agents conduct their practices and exercise their authority in relation to non-expert participants and broader publics. Instead of treating law as a body of doctrines, or law and society as a relationship between legal institutions and an external society, the studies in this volume closely examine law at work: specific legal practices and social interactions produced in national and international settings. These settings include courtrooms and other tribunals, consultations between lawyers and clients, and media forums in which government officials address international law. Because law is a public institution, and legal actions are publicly accountable, technical law must interface with non-expert members of the public. The embodied actions and interactions that comprise the interface between professional and lay participants in legal settings therefore must do justice to legal traditions and statutory obligations while also contending with mundane interactional routines, ordinary reasoning, and popular expectations. Specific chapters examine topics such as family disputes in a system of Sharia Law; rhetorical contestations about possible violations of international law during a violent conflict in the Middle-East; the transformation of a courtroom hearing brought about by the virtual presence of remote witnesses relayed through a video link; the practices through which written records are used to mediate and leverage a witness's testimony; and the discursive and interactional practices through which authorized parties use legal categories to problems with individual conduct. Each chapter shows that it makes a profound difference to the way we understand the law when we examine its meaning and application in practice.

Discourse, Identity, and Social Change in the Marriage Equality Debates

Discourse, Identity, and Social Change in the Marriage Equality Debates

  • Author: Karen Tracy
  • Publisher: Oxford University Press
  • ISBN: 0190625414
  • Category: Law
  • Page: 232
  • View: 1004
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Karen Tracy examines the identity-work of judges and attorneys in state supreme courts as they debated the legality of existing marriage laws. Exchanges in state appellate courts are juxtaposed with the talk that occurred between citizens and elected officials in legislative hearings considering whether to revise state marriage laws. The book's analysis spans ten years, beginning with the U.S. Supreme Court's overturning of sodomy laws in 2003 and ending in 2013 when the U.S. Supreme Court declared the federal government's Defense of Marriage Act (DOMA) unconstitutional, and it particularly focuses on how social change was accomplished through and reflected in these law-making and law-interpreting discourses. Focal materials are the eight cases about same-sex marriage and civil unions that were argued in state supreme courts between 2005 and 2009, and six of a larger number of hearings that occurred in state judicial committees considering bills regarding who should be able to marry. Tracy concludes with analysis of the 2011 Senate Judiciary Committee Hearing on DOMA, comparing it to the initial 1996 hearing and to the 2013 Supreme Court oral argument about it. The book shows that social change occurred as the public discourse that treated sexual orientation as a "lifestyle" was replaced with a public discourse of gays and lesbians as a legitimate category of citizen.

Deceptive Ambiguity by Police and Prosecutors

Deceptive Ambiguity by Police and Prosecutors

  • Author: Roger W. Shuy
  • Publisher: Oxford University Press
  • ISBN: 019066990X
  • Category: Law
  • Page: 240
  • View: 9815
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Much has been written about how criminal suspects, defendants, and the targets of undercover operations employ ambiguous language as they interact with the legal system. This book examines the other side of the coin, describing fifteen criminal investigations that demonstrate how police, prosecutors, and undercover agents use deceptive ambiguity with their subjects and targets, thereby creating misrepresentations through their uses of speech events, schemas, agendas, speech acts, lexicon, and grammar. This misrepresentation also can strongly affect the perceptions of later listeners, such as judges and juries, about the subjects' motives, predispositions, intentions, and voluntariness. Deception is commonly considered intentional while ambiguity is often excused as unintentional, in line with Grice's maxim of sincerity in his cooperative principle. Most of the interactions of suspects, defendants, and targets with representatives of law enforcement, however, are oppositional, adversarial, and non-cooperative events that provide the opportunity for participants to stretch, ignore, or even violate the cooperative principle. One effective way law enforcement does this is by using ambiguity. Suspects and defendants may hear such ambiguous speech and not recognize the ambiguity and therefore react in ways that they may not have understood or intended. The fifteen case studies in this book illustrate how deceptive ambiguity, whether intentional or not, is used as commonly by police, prosecutors and undercover agents as it is by suspects and defendants.

Law and the Language of Identity

Law and the Language of Identity

Discourse in the William Kennedy Smith Rape Trial

  • Author: Gregory M. Matoesian
  • Publisher: Oxford University Press on Demand
  • ISBN: 0195123301
  • Category: Language Arts & Disciplines
  • Page: 267
  • View: 1839
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In this volume, Gregory Matoesian uses the notorious 1991 rape trial of William Kennedy Smith to provide an in-depth analysis of language use and its role in that specific trial as well as in the law in general. He draws on the fields of conversation analysis, ethnomethodology, linguistic anthropology and social theory to show how language practices shape--and are shaped by--culture and the law, particularly in the social construction of rape as a legal fact. This analysis examines linguistic strategies from both defense and prosecutorial viewpoints, and how they relate to issues of gender, sexual identity, and power.

The Oxford Handbook of Language and Law

The Oxford Handbook of Language and Law

  • Author: Lawrence Solan
  • Publisher: Oxford University Press
  • ISBN: 9780199572120
  • Category: Language Arts & Disciplines
  • Page: 642
  • View: 2544
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This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

Representing Rape

Representing Rape

Language and sexual consent

  • Author: Susan Ehrlich
  • Publisher: Routledge
  • ISBN: 1134627653
  • Category: Language Arts & Disciplines
  • Page: 192
  • View: 9553
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Representing Rape is the first feminist analysis of the language of sexual assault trials from the perspective of linguists. Susan Ehrlich argues that language is central to all legal settings - specifically sexual harassment and acquaintance rape hearings where linguistic descriptions of the events are often the only type of evidence available. Language does not simply reflect but helps to construct the character of the people and events under investigation. The book is based around a case study of the trial of a male student accused of two instances of sexual assault in two different settings: a university tribunal and a criminal trial. This case is situated within international studies on rape trials and is relevant to the legal systems of the US, Canada, Britain, Australia, and New Zealand. She shows how culturally-dominant notions about rape percolate through the talk of sexual assault cases in a variety of settings and ultimately shape their outcome. Ehrlich hopes that to understand rape trials in this way is to recognize their capacity for change. By highlighting the underlying preconceptions and prejudices in the language of courtrooms today, this important book paves the way towards a fairer judicial system for the future.

The Legal Language of Scottish Burghs

The Legal Language of Scottish Burghs

Standardization and Lexical Bundles (1380-1560)

  • Author: Joanna Kopaczyk
  • Publisher: Oxford University Press
  • ISBN: 0190243317
  • Category: Language Arts & Disciplines
  • Page: 368
  • View: 8881
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This book offers an innovative, corpus-driven approach to historical legal discourse. It is the first monograph to examine textual standardization patterns in legal and administrative texts on the basis of lexical bundles, drawing on a comprehensive corpus of medieval and early modern legal texts. The book's focus is on legal language in Scotland, where law--with its own nomenclature and its own repertoire of discourse features--was shaped and marked by the concomitant standardizing of the vernacular language, Scots, a sister language to the English of the day. Joanna Kopaczyk's study is based on a unique combination of two methodological frameworks: a rigorous corpus-driven data analysis and a pragmaphilological, context-sensitive qualitative interpretation of the findings. Providing the reader with a rich socio-historical background of legal discourse in medieval and early modern Scottish burghs, Kopaczyk traces the links between orality, community, and law, which are reflected in discourse features and linguistic standardization of legal and administrative texts. In this context, the book also revisits important ingredients of legal language, such as binomials or performatives. Kopaczyk's study is grounded in the functional approach to language and pays particular attention to referential, interpersonal, and textual functions of lexical bundles in the texts. It also establishes a connection between the structure and function of the recurrent patterns, and paves the way for the employment of new methodologies in historical discourse analysis.

Entextualizing Domestic Violence

Entextualizing Domestic Violence

Language Ideology and Violence Against Women in the Anglo-American Hearsay Principle

  • Author: Jennifer Andrus
  • Publisher: Oxford University Press
  • ISBN: 0190266414
  • Category: Language Arts & Disciplines
  • Page: 232
  • View: 1133
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Language ideology is a concept developed in linguistic anthropology to explain the ways in which ideas about the definition and functions of language can become linked with social discourses and identities. In Entextualizing Domestic Violence, Jennifer Andrus demonstrates how language ideologies that are circulated in the Anglo-American law of evidence draw on and create indexical links to social discourses, affecting speakers whose utterances are used as evidence in legal situations. Andrus addresses more specifically the tendency of such a language ideology to create the potential to speak for, appropriate, and ignore the speech of women who have been victims of domestic violence. In addition to identifying specific linguistic strategies employed in legal situations, she analyzes assumptions about language circulated and animated in the legal text and talk used to evaluate spoken evidence, and describes the consequences of the language ideology when it is co-articulated with discourses about gender and domestic violence. The book focuses on the pair of rules concerning hearsay and its exceptions in the Anglo-American law of evidence. Andrus considers legal discourses, including statutes, precedents, their application in trials, and the relationship between such legal discourses and social discourses about domestic violence. Using discourse analysis, she demonstrates the ways legal metadiscourses about hearsay are articulated with social discourses about domestic violence, and the impact of this powerful co-articulation on the individual whose speech is legally appropriated. Andrus approaches legal rules and language ideology both diachronically and synchronically in this book, which will be an important addition to ongoing research and discussion on the role legal appropriation of speech may have in perpetuating the voicelessness of victims in the legal treatment of domestic violence.

Language in the Legal Process

Language in the Legal Process

  • Author: J. Cotterill
  • Publisher: Springer
  • ISBN: 0230522777
  • Category: Language Arts & Disciplines
  • Page: 276
  • View: 2301
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Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law.

Language Contact in Africa and the African Diaspora in the Americas

Language Contact in Africa and the African Diaspora in the Americas

In honor of John V. Singler

  • Author: Cecelia Cutler,Zvjezdana Vrzić,Philipp Angermeyer
  • Publisher: John Benjamins Publishing Company
  • ISBN: 9027265445
  • Category: Language Arts & Disciplines
  • Page: 369
  • View: 647
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Language Contact in Africa and the African Diaspora in the Americas brings together the original research of nineteen leading scholars on language contact and pidgin/creole genesis. In recent decades, increasing attention has been paid to the role of historical, cultural and demographic factors in language contact situations. John Victor Singler’s body of work, a model of what such a research paradigm should look like, strikes a careful balance between sociohistorical and linguistic analysis. The case studies in this volume present investigations into the sociohistorical matrix of language contact and critical insights into the sociolinguistic consequences of language contact within Africa and the African Diaspora. Additionally, they contribute to ongoing debates about pidgin/creole genesis and language contact by examining and comparing analyses and linguistic outcomes of particular sociohistorical and cultural contexts, and considering less-studied factors such as speaker agency and identity in the emergence, nativization, and stabilization of contact varieties.

Meaning and Power in the Language of Law

Meaning and Power in the Language of Law

  • Author: Janny H. C. Leung,Alan Durant
  • Publisher: Cambridge University Press
  • ISBN: 1107112842
  • Category: Language Arts & Disciplines
  • Page: 275
  • View: 2086
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A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.

Discursive Psychology in Practice

Discursive Psychology in Practice

  • Author: Rom Harré,Peter N. Stearns
  • Publisher: SAGE
  • ISBN: 9781446226735
  • Category: Discursive psychology
  • Page: 240
  • View: 477
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In the last decade, many diverse streams of thought have come together in an international movement to reject the traditional view that a scientific' psychology must rely on an experimental methodology. Underpinning this movement is the principle that the main characteristics of human life are best understood as produced through discourse. This discursive' psychology has found adherents across the range of psychological disciplines and has ushered in a completely revised understanding of the subject. This volume shows how to put these theoretical and methodological insights to work in the investigation of concrete problems in psychology. The internationally renowned contributors re-examine a range of traditional psychological topics, from decision-making, memory and attribution to emotions, learning and the self, and in the process map out the foundations of a new psychology.

The Oxford Handbook of Language and Social Psychology

The Oxford Handbook of Language and Social Psychology

  • Author: Thomas M. Holtgraves
  • Publisher: Oxford University Press
  • ISBN: 019983864X
  • Category: Psychology
  • Page: 568
  • View: 3312
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Language pervades everything we do as social beings. It is, in fact, difficult to disentangle language from social life, and hence its importance is often missed. The emergence of new communication technologies makes this even more striking. People come to "know" one another through these interactions without ever having met face-to-face. How? Through the words they use and the way they use them. The Oxford Handbook of Language and Social Psychology is a unique and innovative compilation of research that lies at the intersection of language and social psychology. Language is viewed as a social activity, and to understand this complex human activity requires a consideration of its social psychological underpinnings. Moreover, as a social activity, the use and in fact the existence of language has implications for a host of traditional social psychological processes. Hence, there is a reciprocal relationship between language and social psychology, and it is this reciprocal relationship that defines the essence of this handbook. The handbook is divided into six sections. The first two sections focus on the social underpinnings of language, that is, the social coordination required to use language, as well as the manner in which language and broad social dimensions such as culture mutually constitute one another. The next two sections consider the implications of language for a host of traditional social psychological topics, including both intraindividual (e.g., attribution) and interindividual (e.g., intergroup relations) processes. The fifth section examines the role of language in the creation of meaning, and the final section includes chapters documenting the importance of the language-social psychology interface for a number of applied areas.

Global Legal History

Global Legal History

A Comparative Law Perspective

  • Author: Joshua C Tate,Andrs Botero Bernal,Jose Reinaldo de Lima Lopes
  • Publisher: Routledge
  • ISBN: 9781138478497
  • Category:
  • Page: 240
  • View: 5307
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This collection brings together a group of international legal historians to further scholarship in different areas of comparative and regional legal history. Authors are drawn from Europe, Asia, and the Americas to produce new insights into the relationship between law and society across time and space. The book is divided into three parts: legal history and legal culture across borders; constitutional experiences in global perspective; and the history of judicial experiences. The three themes, and the chapters corresponding to each, provide a balance between public law and private law topics, and reflect a variety of methodologies, both empirical and theoretical. The volume highlights the gains that may be made by comparing the development of law in different countries and different time periods. The book will be of interest to an international readership in Legal History, Comparative Law, Law and Society, and History.