Exploring Courtroom Discourse

Author: Le Cheng
Publisher: Routledge
ISBN: 1317137477
Format: PDF, ePub, Docs
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This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels. The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.

Chinese Language in Law

Author: Deborah Cao
Publisher: Lexington Books
ISBN: 1498503969
Format: PDF
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This book explores the Chinese language used in law and analyzes the associated linguistic matters in both monolingual Chinese context and cross-linguistically. It investigates the linguistic and cultural landscape associated with Chinese law through an examination of a number of keywords and linguistic usages.

Linguistic Evidence

Author: William M. O'Barr
Publisher: Elsevier
ISBN: 1483297713
Format: PDF, ePub, Mobi
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With the permission of a North Carolina court, more than 150 hours of courtroom speech were recorded for this study. These tapes provided a rich archive for a variety of different types of inquiry, including the ethnography of courtroom speech and social psychological experiments focused on effects of different modes of presenting information in courts of law. Four sets of linguistic variables and related experimental studies have constituted a major portion of the research: (1) "powerful" versus "powerless" speech; (2) hypercorrect versus formal speech; (3) narrative versus fragmented testimony, and (4) simultaneous speech by witnesses and lawyers. All four sets of studies focus on the central question of importance of form over content of testimony.

Police Courts in Nineteenth Century Scotland Volume 1

Author: Dr David G Barrie
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409442454
Format: PDF, ePub, Docs
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Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into summary justice in Scottish towns, c.1800 to1892. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles.

Language in the Legal Process

Author: J. Cotterill
Publisher: Springer
ISBN: 0230522777
Format: PDF, ePub, Docs
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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.

Law Culture and Visual Studies

Author: Anne Wagner
Publisher: Springer Science & Business Media
ISBN: 9048193222
Format: PDF, ePub, Docs
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The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a ‘must read’ that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture & Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law’s representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities & the Arts, Australian National University, Australia

Reproducing Rape

Author: Gregory M. Matoesian
Publisher: University of Chicago Press
ISBN: 9780226510804
Format: PDF, ePub, Mobi
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This book offers new insight into one of the most disturbing social problems of modern societies: rape. Using tape recordings of actual trials, Gregory M. Matoesian looks at the social construction of rape trials and at how a woman's experience of violation can be transformed in the courtroom into an act of routine, consensual sex. Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women. Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.

Rhetoric and Discourse in Supreme Court Oral Arguments

Author: Ryan A. Malphurs
Publisher: Routledge
ISBN: 0415640040
Format: PDF, Kindle
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While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court's voting pattern, this book offers a contrarian position focused on close scrutiny of the justices' communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices' interactions among themselves and the advocates. In addition to offering advancements in scholars' understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research—the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court's oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.

Courtroom Talk and Neocolonial Control

Author: Diana Eades
Publisher: Walter de Gruyter
ISBN: 3110208326
Format: PDF, ePub
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The book uses critical sociolinguistic analysis to examine the social consequences of courtroom talk. The focus of the study is the cross-examination of three Australian Aboriginal boys who were prosecution witnesses in the case of six police officers charged with their abduction. The analysis reveals how the language mechanisms allowed by courtroom rules of evidence serve to legitimize neocolonial control over Indigenous people. In the propositions and assertions made in cross-examination, and their adoption by judicial decision-makers, the three boys were constructed not as victims of police abuse, but rather in terms of difference, deviance and delinquency. This identity work addresses fundamental issues concerning what it means to be an Aboriginal young person, as well as constraints about how to perform or live this identity, and the rights to which Aboriginal people can lay claim, while legitimizing police control over their freedom of movement. Understanding this courtroom talk requires analysis of the sociopolitical and historical actions and structures within which the courtroom hearing was embedded. Through this analysis, the interrelatedness of structure, agency, constraint and change, which is central to critical sociolinguistics, becomes apparent. In its investigation of language ideologies that underpin courtroom talk, as well as the details of how language is used, and the social consequences of this talk, the book highlights the need for far-reaching changes to courtroom rules of evidence.

Communication in Investigative and Legal Contexts

Author: Gavin Oxburgh
Publisher: John Wiley & Sons
ISBN: 111876921X
Format: PDF
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Communication in Forensic Contexts provides in-depth coverage of the complex area of communication in forensic situations. Drawing on expertise from forensic psychology, linguistics and law enforcement worldwide, the text bridges the gap between these fields in a definitive guide to best practice. Offers best practice for understanding and improving communication in forensic contexts, including interviewing of victims, witnesses and suspects, discourse in courtrooms, and discourse via interpreters Bridges the knowledge gaps between forensic psychology, forensic linguistics and law enforcement, with chapters written by teams bringing together expertise from each field Published in collaboration with the International Investigative Interviewing Research Group, dedicated to furthering evidence-based practice and practice-based research amongst researchers and practitioners International, cross-disciplinary team includes contributors from North America, Europe and Asia Pacific, and from psychology, linguistics and forensic practice