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Book
xi, 254 pages ; 22 cm.
  • How we understand technological and social change
  • Metaphors and norms
  • The embodied law
  • Conceptions of copyright
  • Copies : a metaphoric expansion of copyright
  • Platform, storage or bulletin board? : the Swedish Pirate Bay court case
  • Between form and function in (intellectual) property
  • Conclusions: Conceptions in the code.
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.
(source: Nielsen Book Data)9780190650384 20170206
Law Library (Crown)
Book
1 online resource.
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.
(source: Nielsen Book Data)9780190650384 20170206
Book
262 pages ; 25 cm.
  • Introduction
  • Power, ambiguity, and deception
  • Police interviewers use deceptive ambiguity
  • Prosecutors use deceptive ambiguity
  • Undercover agents use deceptive ambiguity
  • Cooperating witnesses use deceptive ambiguity
  • Complainants use deceptive ambiguity
  • Deceptive ambiguity in the language elements
  • The effects, frequency, and power of the government's uses of deceptive ambiguity in criminal investigations.
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.
(source: Nielsen Book Data)9780190669898 20171106
Law Library (Crown)
Book
xii, 237 pages ; 22 cm.
  • Introduction : that's the hardest thing I've ever had to do
  • Doing death in Texas : studying jurors in the death penalty state
  • I hope I'm strong enough to follow the law : emotion and objectivity in capital jurors' decisions
  • Facing death : empathy, emotion, and embodied actions in jurors' decisions
  • Linguistic distance and the dehumanization of capital defendants
  • Agents of the state : capital jurors' accountability for their sentencing decisions
  • Conclusions : linguistic dehumanization and democracy.
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book 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. The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors' decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making - conveyed in the form of authoritative legal language - when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.
(source: Nielsen Book Data)9780199334162 20160619
Law Library (Crown)
Book
x, 212 pages ; 25 cm.
  • Introduction
  • The genre of oral argument
  • Naming of litigants
  • Ideology in judges' questions
  • Identity-work in judicial opinions
  • The legislative hearing genre
  • Religion, citizenship, and identity in US law-making
  • Storytelling and social change
  • Morality arguments in the DOMA debates
  • Discourse, law, and social change.
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.
(source: Nielsen Book Data)9780190217969 20160823
Law Library (Crown)
Book
1 online resource : illustrations (black and white).
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.
(source: Nielsen Book Data)9780190217969 20160823
Book
1 online resource.
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.
(source: Nielsen Book Data)9780199945351 20160619
Book
1 online resource.
From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.
(source: Nielsen Book Data)9780199333608 20160619
Book
1 online resource.
This volume examines the linguistic problems that arise in efforts to translate between law and the social sciences. We usually think of "translation " as pertaining to situations involving distinct languages such as English and Swahili. But realistically, we also know that there are many kinds of English or Swahili, so that some form of translation may still be needed even between two people who both speak English-including, for example, between English speakers who are members of different professions. Law and the social sciences certainly qualify as disciplines with quite distinctive language patterns and practices, as well as different orientations and goals. In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. Some contributors also point the way toward more fruitful translation practices. The contributors to this volume are members of an interdisciplinary working group on Legal Translation that met for a number of years. The group includes scholars from law, philosophy, anthropology, linguistics, political science, psychology, and religious studies. The members of this group approach interdisciplinary communication as a form of "translation " between distinct disciplinary languages (or, "registers "). Although it may seem obvious that professionals in different fields speak and think differently about the world, in fact experts in law and in social science too often assume that they can communicate easily when they are speaking what appears to be the "same " language. While such experts may intellectually understand that they differ regarding their fundamental assumptions and uses of language, they may nonetheless consistently underestimate the degree to which they are actually talking past one another. This problem takes on real-life significance when one of the fields is law, where how knowledge is conveyed can affect how justice is meted out.
(source: Nielsen Book Data)9780199990559 20170206
Book
vi, 299 pages ; 25 cm.
  • Introduction: Translating law and social science / William K. Ford and Elizabeth Mertz
  • Part 1. Analyzing legal translations on the ground: Translating defendants' apologies during allocution at sentencing / M. Catherine Gruber
  • Gruber "in translation" / Frances Tung
  • Translating token instances of 'this" into type patterns of "that" : the discursive and multimodal translation of evidence into precedent / Gregory Matoesian
  • Matoesian "in translation" : from instances of "this" to patterns of "that" : translating evidence into legal precedent / Christopher Roy and Elizabeth Mertz
  • Part one commentary : performance risks in risking performance / Michael Silverstein
  • Silverstein "in translation" / Elizabeth Mertz
  • Part ll. System-level challenges : when courts translate social science: The law and science of video game violence : who lost more in translation? / William K. Ford
  • Being human : negotiating religion, law, and science in the classroom and the courtroom / Winnifred Fallers Sullivan
  • Social science and the ways of the trial court: possibilities of translation / Robert P. Burns
  • Part two commentary : processes of translation and demarcation in legal worlds / Susan Gal
  • Part lll. Toward improved translations: recognizing the barriers: "Can you get there from here?" translating law and social science / Elizabeth Mertz
  • Law's resistance to translation : what law and literature can teach us/ Peter Brooks (interview)
  • Part IV. Concluding remarks: Afterward: Some further thoughts on translating law and social science / Gregory Matoesian.
This volume examines the linguistic problems that arise in efforts to translate between law and the social sciences. We usually think of "translation " as pertaining to situations involving distinct languages such as English and Swahili. But realistically, we also know that there are many kinds of English or Swahili, so that some form of translation may still be needed even between two people who both speak English-including, for example, between English speakers who are members of different professions. Law and the social sciences certainly qualify as disciplines with quite distinctive language patterns and practices, as well as different orientations and goals. In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. Some contributors also point the way toward more fruitful translation practices. The contributors to this volume are members of an interdisciplinary working group on Legal Translation that met for a number of years. The group includes scholars from law, philosophy, anthropology, linguistics, political science, psychology, and religious studies. The members of this group approach interdisciplinary communication as a form of "translation " between distinct disciplinary languages (or, "registers "). Although it may seem obvious that professionals in different fields speak and think differently about the world, in fact experts in law and in social science too often assume that they can communicate easily when they are speaking what appears to be the "same " language. While such experts may intellectually understand that they differ regarding their fundamental assumptions and uses of language, they may nonetheless consistently underestimate the degree to which they are actually talking past one another. This problem takes on real-life significance when one of the fields is law, where how knowledge is conveyed can affect how justice is meted out.
(source: Nielsen Book Data)9780199990559 20161010
Law Library (Crown)
Book
1 online resource.
  • Table of Contents -- 1 Introduction: "That's the hardest thing I've ever had to do" -- 2 Doing Death in Texas: Studying jurors in "the death penalty state" -- 3 "I hope I'm strong enough to follow the law": Emotion and objectivity in capital jurors law. -- 4 Facing death: Empathy, emotion and embodied actions in jurors'decisions -- 5 Linguistic distance and the dehumanization of capital defendants -- 6 Agents of the state: Capital jurors' accountability for their sentencing decisions -- 7 Conclusions: Linguistic dehumanization and democracy.
  • (source: Nielsen Book Data)9780199334162 20160619
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, this book 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. The analysis draws on fifteen months of ethnographic fieldwork in diverse counties across Texas, including participant observation in four capital trials and post-verdict interviews with the jurors who decided those cases. Given the impossibility of access to actual capital jury deliberations, this integration of methods aims to provide the clearest possible window into jurors' decision-making. Using methods from linguistic anthropology, conversation analysis, and multi-modal discourse analysis, Conley analyzes interviews, trial talk, and written legal language to reveal a variety of communicative practices through which jurors dehumanize defendants and thus judge them to be deserving of death. By focusing on how language can both facilitate and stymie empathic encounters, the book addresses a conflict inherent to death penalty trials: jurors literally face defendants during trial and then must distort, diminish, or negate these face-to-face interactions in order to sentence those same defendants to death. The book reveals that jurors cite legal ideologies of rational, dispassionate decision-making - conveyed in the form of authoritative legal language - when negotiating these moral conflicts. By investigating the interface between experiential and linguistic aspects of legal decision-making, the book breaks new ground in studies of law and language, language and psychology, and the death penalty.
(source: Nielsen Book Data)9780199334162 20160619
Book
1 online resource : illustrations (black and white).
  • Acknowledgements -- Note on trial citation format -- Introduction: Language Ideology in the Hearsay Doctrine and the Modern Excited -- Utterance Exception to Hearsay -- Chapter 1: Legal Discourse of Domestic Violence: Language Ideology and Trustworthiness -- Part I: Anglo-American Law and the In/admissibility of Hearsay -- Chapter 2: Legal Empiricism in/and the Language Ideology of Hearsay -- Chapter 3: Social Discourses about Domestic Violence and Hearsay: Interdiscursivity and Indexicality in the US Supreme Court -- Part II: The Excited Utterance Exception in US v. Hadley -- Chapter 4: Making the Excited Utterance Legally Intelligible: Shifting Audiences, Contexts, and Speakers -- Chapter 5: The Attribution and Disattribution of Discursive Agency in the Excited Utterance Exception to Hearsay -- Chapter 6: Conclusions: Language Ideology and the Legal Accounting for Domestic Violence.
  • (source: Nielsen Book Data)9780190225834 20160618
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.
(source: Nielsen Book Data)9780190225834 20160618
Book
xi, 303 pages ; 25 cm.
  • Introduction: Law at work / Baudouin Dupret, Michael Lynch, and Tim Berard
  • The practical grammar of law and its relation to time / Baudouin Dupret and Jean-Noël Ferrié
  • Aspiring magistrates : entry exams and general traineeship at the court of Lecce / Luisa Zappulli and Karen Latricia Hough
  • Practical solutions : praxological analysis of judgments in civil hearings / Pedro Heitor Barros Geraldo
  • Hearing clients' talk as lawyers' work : the case of the public legal consultation conference / Shiro Kashimura
  • Producing records of testimony : some competent legal methods for incompetent trials / Kenneth Liberman
  • Reporting talk when testifying : intertextuality, consistency, and transformation in witnesses' use of direct reported speech / Renata Galatolo
  • Turning a witness : the textual and interactional production of a statement in adversarial testimony / Michael Lynch
  • "Is there someone in my videoconference room?" Managing remote witnesses in distributed courtrooms / Christian Licoppe and Laurence Dumoulin
  • Hate crimes, labels, and accounts : pragmatic reflections on hate crime law in the USA / Tim Berard
  • Descriptions of deviance : making the case for professional help / Stephen Hester and Sally Hester
  • Discursive cartographies, moral practices : international law and the Gaza war / Lena Jayyusi.
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.
(source: Nielsen Book Data)9780190210243 20160618
Law Library (Crown)
Book
1 online resource.
  • Introduction: Law at Work -- Baudouin Dupret, Michael Lynch, and Tim Berard -- Section I. Practical Action, Situated Interaction, and the Salience of Law -- The Editors -- Chapter One: The Practical Grammar of Law and Its Relation to Time -- Baudouin Dupret and Jean-Noel Ferrie -- Chapter Two: Aspiring Magistrates: Entry Exams and General Traineeship at the Court of Lecce -- Luisa Zappulli and Karen Latricia Hough -- Chapter Three: Practical Solutions: Praxiologial Analysis of Judgments in Civil Hearings -- Pedtro Heitor Barros Geraldo -- Section II. Practical Pedagogies in the Performance of Legal Activities -- The Editors -- Chapter Four: Hearing Clients' Talk as Lawyers' Work: The Case of Public Legal Consultation Conference -- Shiro Kashimura -- Chapter Five: Producing Records of Testimony: Some Competent Legal Methods for Incompetent Trials -- Kenneth Liberman -- Section III. Speech, Text, and Technology in Testimony -- The Editors -- Chapter Six: Reporting Talk When Testifying: Intertextuality, Consistency and Transformation in Witnesses Use of Direct Reported Speech -- Renata Galatolo -- Chapter Seven: Turning a Witness: The Textual and Interactional Production of a Statement in Adversarial Testimony -- Michael Lynch -- Chapter Eight : "Is there someone in my videoconference room?" Managing Remote Witnesses in Distributed Courtrooms -- Christian Licoppe and Laurence Dumoulin -- Section IV. Deviance, Membership Categories, and Legalities -- The Editors -- Chapter Nine: Hate Crimes, Labels, and Accounts: Pragmatic Reflections on U.S. Hate Crimes -- Tim Berard -- Chapter Ten: Descriptions of Deviance: Making the Case for Professional Help -- Stephen Hester and Sally Hester -- Chapter Eleven: Discursive Cartographies, Moral Practices: International Law and the Gaza War -- Lena Jayyusi.
  • (source: Nielsen Book Data)9780190210243 20160618
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.
(source: Nielsen Book Data)9780190210243 20160618
Book
1 online resource.
  • Chapter 1. Indexicalities of language choice in small claims court -- Chapter 2. Challenging claims: Immigrants in small claims court -- Chapter 3. "I've heard your story:" How arbitrators decide -- Chapter 4. Only translating? The role of the interpreter -- Chapter 5. Testifying in another language: What's lost in translation -- Chapter 6. Codeswitching in the courtroom -- Chapter 7. Language ideology and legal outcomes -- Appendix -- References.
  • (source: Nielsen Book Data)9780199337569 20160618
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.
(source: Nielsen Book Data)9780199337569 20160618
Book
1 online resource.
  • Chapter 1. Introduction -- Chapter 2. The Theoretical Framework -- Chapter 3. The Defendants -- Chapter 4. The Victims -- Chapter 5. The Jurors -- Chapter 6. The Lawyers -- Chapter 7. The Big Picture -- Bibliography.
  • (source: Nielsen Book Data)9780199337613 20160618
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.
(source: Nielsen Book Data)9780199337613 20160618
Book
xl, 241 pages : illustrations ; 24 cm.
  • Chapter One: Introduction -- Chapter Two: Apologies and Courtroom Apologies -- Chapter Three: The Context of Federal Sentencing Hearings -- Chapter Four: What Defendants Say in Response to their Offenses -- Chapter Five: Defendants Talk about the Past, the Future, and the Present: Mitigation, Future -- Chapter Six: Broad Features of Defendants' Allocutions -- Chapter Seven: Conclusions -- Appendix 1: Data collection and the defendants -- Appendix 2: Coding system -- Appendix 3: Transcription practices & the corpus of allocutions -- Appendix 4: Display of allocutions by coded categories -- Appendix 5: Sentencing table -- Works Cited.
  • (source: Nielsen Book Data)9780199325665 20160613
This book examines 52 apologetic allocutions produced during federal sentencing hearings. The practice of inviting defendants to make a statement in their own behalf is a long-standing one and it is understood as offering defendants the opportunity to impress a judge or jury with their remorse, which could be a factor in the sentence that is imposed. Defendants raised the topics of the offense, mitigation, future behaviour and the sentence in different ways and this book explores the pros and cons associated with the different strategies that they used. Because there is no way of ascertaining exactly how effective (or ineffective) an individual allocution is, case law, sociolinguistic and historical resources, and judges' final remarks are used to develop hypotheses about defendants' communicative goals as well as what might constitute an ideal defendant stance from a judge's point of view. The corpus is unique because, unlike official transcripts, the transcripts used for this study include paralinguistic features such as hesitations, wavering voice, and crying-while-talking. Among its highlights, the book proposes that although a ritualized apology formula (e.g., <"I'm sorry>" or <"I apologize>") would appear to be a good fit for the context of allocution and even appears to be expected, the use of these formulas carries implications in this context that do not serve defendants' communicative goals. I argue that the application of Austin's (1962) performative-constative continuum reveals that offense-related utterances that fall closer to the constative end are more consistent with the discursive constraints on the speech event of allocution. Further, I propose that the ideologies associated with allocution, in particular the belief that allocution functions as a protection for defendants, obscures the ways in which the context constrains what defendants can say and how effectively they can say it.
(source: Nielsen Book Data)9780199325665 20160613
Law Library (Crown)
Book
1 online resource : illustrations (black and white).
  • Chapter One: Introduction -- Chapter Two: Apologies and Courtroom Apologies -- Chapter Three: The Context of Federal Sentencing Hearings -- Chapter Four: What Defendants Say in Response to their Offenses -- Chapter Five: Defendants Talk about the Past, the Future, and the Present: Mitigation, Future -- Chapter Six: Broad Features of Defendants' Allocutions -- Chapter Seven: Conclusions -- Appendix 1: Data collection and the defendants -- Appendix 2: Coding system -- Appendix 3: Transcription practices & the corpus of allocutions -- Appendix 4: Display of allocutions by coded categories -- Appendix 5: Sentencing table -- Works Cited.
  • (source: Nielsen Book Data)9780199325665 20160613
This book examines 52 apologetic allocutions produced during federal sentencing hearings. The practice of inviting defendants to make a statement in their own behalf is a long-standing one and it is understood as offering defendants the opportunity to impress a judge or jury with their remorse, which could be a factor in the sentence that is imposed. Defendants raised the topics of the offense, mitigation, future behaviour and the sentence in different ways and this book explores the pros and cons associated with the different strategies that they used. Because there is no way of ascertaining exactly how effective (or ineffective) an individual allocution is, case law, sociolinguistic and historical resources, and judges' final remarks are used to develop hypotheses about defendants' communicative goals as well as what might constitute an ideal defendant stance from a judge's point of view. The corpus is unique because, unlike official transcripts, the transcripts used for this study include paralinguistic features such as hesitations, wavering voice, and crying-while-talking. Among its highlights, the book proposes that although a ritualized apology formula (e.g., <"I'm sorry>" or <"I apologize>") would appear to be a good fit for the context of allocution and even appears to be expected, the use of these formulas carries implications in this context that do not serve defendants' communicative goals. I argue that the application of Austin's (1962) performative-constative continuum reveals that offense-related utterances that fall closer to the constative end are more consistent with the discursive constraints on the speech event of allocution. Further, I propose that the ideologies associated with allocution, in particular the belief that allocution functions as a protection for defendants, obscures the ways in which the context constrains what defendants can say and how effectively they can say it.
(source: Nielsen Book Data)9780199325665 20160613
Book
1 online resource : illustrations (black and white), maps (black and white).
  • List of abbreviations -- List of maps -- List of figures -- List of tables -- Chapter 1. Introduction: Scots as the language of the law -- Part One: The language -- Chapter 2. The language of legal texts -- Chapter 3. Exploring language of the past: Context, discourse and text -- Chapter 4. Repetition, fixedness and lexical bundles -- Part Two: The burghs -- Chapter 5. Burghs in Scottish history -- Chapter 6. Living in a burgh -- Chapter 7. Law and the burgh -- Part Three: The legal language of the burghs -- Chapter 8. EdHeW corpus material and lexical bundles -- Chapter 9. The grammar of lexical bundles in early legal Scots -- Chapter 10. Binomials and multinomials in early legal Scots -- Chapter 11. Short bundles: functional properties -- Chapter 12. Long bundles: Functional properties and standardization -- References -- Index.
  • (source: Nielsen Book Data)9780199945153 20160612
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.
(source: Nielsen Book Data)9780199945153 20160612

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