Exploring Courtroom Discourse


Book Description

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.




Exploring Courtroom Discourse


Book Description




Law, Language and the Courtroom


Book Description

This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.




The Language of Jury Trial


Book Description

Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.




Language and Power in Court


Book Description

Sociolinguists and lawyers will find insight and relevance in this account of the language of the courtroom, as exemplified in the criminal trial of O.J. Simpson. The trial is examined as the site of linguistic power and persuasion, focusing on the role of language in (re)presenting and (re)constructing the crime. In addition to the trial transcripts, the book draws on Simpson's post-arrest interview, media reports and post-trial interviews with jurors. The result is a unique multi-dimensional insight into the 'Trial of the Century' from a linguistic and discursive perspective.




The Oxford Handbook of Language and Law


Book Description

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.




An Introduction to Forensic Linguistics


Book Description

Overview of the interface of language and the law, illustrated with authentic data and contemporary case studies. Topics include collection of evidence, discourse, courtroom interaction, legal language, comprehension and forensic phonetics.




Police Courts in Nineteenth-Century Scotland, Volume 1


Book Description

Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. 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. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.




Just Words


Book Description

Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.




Linguistic Evidence


Book Description

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.