Discursive Constructions of Consent in the Legal Process

Author: Susan Ehrlich
Publisher: Oxford University Press
ISBN: 0199945365
Format: PDF
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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

Author: C. J. W. Baaij
Publisher: Oxford University Press
ISBN: 0190680784
Format: PDF, Kindle
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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 Legal Language of Scottish Burghs

Author: Joanna Kopaczyk
Publisher: Oxford University Press
ISBN: 0190243317
Format: PDF, ePub, Mobi
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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.

Confronting the Death Penalty

Author: Robin Conley
Publisher: Oxford University Press
ISBN: 0199334161
Format: PDF, ePub
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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.

Speak English Or What

Author: Philipp Sebastian Angermeyer
Publisher: Oxford University Press, USA
ISBN: 019933756X
Format: PDF
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This book presents a study of interpreter-mediated interaction in New York City small claims courts, drawing on audio-recorded arbitration hearings and ethnographic fieldwork. Focusing on the language use of speakers of Haitian Creole, Polish, Russian, or Spanish, the study explores how these litigants make use of their limited proficiency in English, in addition to communicating with the help of professional court interpreters. Drawing on research on courtroom interaction, legal interpreting, and conversational codeswitching, the study explores how the ability of immigrant litigants to participate in these hearings is impacted by institutional language practices and underlying language ideologies, as well as by the approaches of individual arbitrators and interpreters who vary in their willingness to accommodate to litigants and share the burden of communication with them. Litigants are shown to codeswitch between the languages in interactionally meaningful ways that facilitate communication, but such bilingual practices are found to be in conflict with court policies that habitually discourage the use of English and require litigants to act as monolinguals, using only one language throughout the entire proceedings. Moreover, the standard distribution of interpreting modes in the courtroom is shown to disadvantage litigants who rely on the interpreter, as consecutive interpreting causes their narrative testimony to be less coherent and more prone to interruptions, while simultaneous interpreting often leads to incomplete translation of legal arguments or of their opponent's testimony. Consequently, the study raises questions about the relationship between linguistic diversity and inequality, arguing that the legal system inherently privileges speakers of English.

Telling Duxbury s Planning Law and Procedure

Author: Robert Duxbury
Publisher: OUP Oxford
ISBN: 0191580260
Format: PDF, ePub, Docs
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Telling & Duxbury's Planning Law and Procedure covers the fundamental principles of planning law in England and Wales. Now in its fourteenth edition, this guide to the complexities of planning law has been fully updated to take account of significant developments in legislation and case law since the previous edition's publication in 2005. This title comprehensively covers all aspects of planning law, with chapters on central and local administration, development, planning permission, environmental impact assessment, heritage protection conservation, and review by the courts and ombudsmen. This edition also examines the far-reaching changes to law and policy which were introduced by the Planning Act 2008. The book discusses the implications for planning decisions and local communities of the proposed Infrastructure Planning Commission to consider major infrastructure projects. Robert Duxbury also analyses developments in planning law such as the new policy on sustainability and regeneration including coverage of the Housing and Regeneration Act 2008. The book examines the impact of the new Local Development Frameworks on the planning process and their role in co-ordinating sustainable development so as to address the needs and concerns of both the local community and the developers. This new edition also considers the enhanced powers in planning matters given to the Mayor of London in Greater London under the Greater London Authority Act 2007. Written in a concise and user-friendly format, this book is an ideal resource for lawyers specialising in planning law, planning professionals, and students studying planning law, surveying, town planning, architecture, and environmental law.

The Language of Fraud Cases

Author: Roger W. Shuy
Publisher: Oxford University Press
ISBN: 0190493615
Format: PDF, Mobi
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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.

Speaking of Language and Law

Author: Lawrence Solan
Publisher: Oxford University Press
ISBN: 019049266X
Format: PDF, Kindle
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Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.

Civil Society in China

Author: Karla W Simon
Publisher: Oxford University Press
ISBN: 0199765898
Format: PDF, Docs
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This is the definitive book on the legal and fiscal framework for civil society organizations (CSOs) in China from earliest times to the present day. Civil Society in China traces the ways in which laws and regulations have shaped civil society over the 5,000 years of China's history and looks at ways in which social and economic history have affected the legal changes that have occurred over the millennia. This book provides an historical and current analysis of the legal framework for civil society and citizen participation in China, focusing not merely on legal analysis, but also on the ways in which the legal framework influenced and was influenced in turn by social and economic developments. The principal emphasis is on ways in which the Chinese people - as opposed to high-ranking officials or cadres — have been able to play a part in the social and economic development of China through the associations in which they participate. Civil Society in China sums up this rather complex journey through Chinese legal, social, and political history by assessing the ways in which social, economic, and legal system reforms in today's China are bound to have an impact on civil society. The changes that have occurred in China's civil society since the late 1980's and, most especially, since the late 1990's, are nothing short of remarkable. This volume is an essential guide for lawyers and scholars seeking an in depth understanding of social life in China written by one its leading experts.

Language Contact in Africa and the African Diaspora in the Americas

Author: Cecelia Cutler
Publisher: John Benjamins Publishing Company
ISBN: 9027265445
Format: PDF
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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.