Law, Language, and Science


Book Description

This book examines the mentalities of various communities within a district of Southern Rhodesia (Zimbabwe). Focusing in particular on white administrators and missionaries in the Melsetter District, it combines linguisitc/lexical analysis with historical interpretation, in an attempt to reconstruct what whites and Africans actually meant by the words and practices they used in interactions with each other. Jeater provides a detailed study of translation work in Mt Selinda, an evangelical mission; it also examines formal and informal court hearings, to contrast the perceptions and meanings ascribed to cases by white adjudicators and by African participants. This leads into an initial attempt to map out the birth of ethnography in Southern Rhodesia and to contrast it with anthropology in South Africa. By the 1920s, Africans' expertise in their own languages and culture had been usurped by self-referential white linguists and ethnographers. This account suggests that there is a tendency among archive-oriented historians to overestimate how far white missionaries and administrators really understood what Africans said and did. In addition to making a contribution to our empirical knowledge of Zimbabwe's history, the book focuses on how and why investigators first began to make claims to such knowledge. It urges those studying African history to be self-reflective about their practice, examining the historical roots of their claims to expertise. such claims




Science at the Bar


Book Description

Issues spawned by the headlong pace of developments in science and technology fill the courts. The realm of the law is sometimes at a loss—constrained by its own assumptions and practices, Jasanoff suggests. This book exposes American law’s long-standing involvement in constructing, propagating, and perpetuating myths about science and technology.




Legal Meanings


Book Description

Edited by Janet Giltrow and Dieter Stein, the Foundations in Language and Law series aims beyond the traditional surveys of scholarship in law and language. Monographs in the series will provide foundational materials - theoretical, methodological, critical, practical - to advance study of important topics in the field. And even as each volume engages conceptually with current scholarship in the area, it presents original research which breaks new ground and indicates future directions for scholarship in law and language. To discuss your book idea or submit a proposal, please contact Natalie Fecher.




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.




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.




Latin as the Language of Science and Learning


Book Description

This book investigates the role of the Latin language as a vehicle for science and learning from several angles. First, the question what was understood as ‘science’ through time and how it is named in different languages, especially the Classical ones, is approached. Criteria for what did pass as scientific are found that point to ‘science’ as a kind of Greek Denkstil based on pattern-finding and their unbiased checking. In a second part, a brief diachronic panorama introduces schools of thought and authors who wrote in Latin from antiquity to the present. Latin’s heydays in this function are clearly the time between the twelfth and eighteenth centuries. Some niches where it was used longer are examined and reasons sought why Latin finally lost this lead-role. A third part seeks to define the peculiar characteristics of scientific Latin using corpus linguistic approaches. As a result, several types of scientific writing can be identified. The question of how to transfer science from one linguistic medium to another is never far: Latin inherited this role from Greek and is in turn the ancestor of science done in the modern vernaculars. At the end of the study, the importance of Latin science for modern science in English becomes evident.




Sociology of Law as the Science of Norms


Book Description

This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.







Can Science Make Sense of Life?


Book Description

Since the discovery of the structure of DNA and the birth of the genetic age, a powerful vocabulary has emerged to express science’s growing command over the matter of life. Armed with knowledge of the code that governs all living things, biology and biotechnology are poised to edit, even rewrite, the texts of life to correct nature’s mistakes. Yet, how far should the capacity to manipulate what life is at the molecular level authorize science to define what life is for? This book looks at flash points in law, politics, ethics, and culture to argue that science’s promises of perfectibility have gone too far. Science may have editorial control over the material elements of life, but it does not supersede the languages of sense-making that have helped define human values across millennia: the meanings of autonomy, integrity, and privacy; the bonds of kinship, family, and society; and the place of humans in nature.




No Magic Wand


Book Description

Since 1993, Supreme Court precedent has asked judges to serve as gatekeepers to their expert witnesses, admitting only reliable scientific testimony. Lacking a strong background in science, however, some judges admit dubious scientific testimony packages by articulate practitioners, while others reject reliable evidence that is unreasonably portrayed as full of holes. Seeking a balance between undue deference and undeserved skepticism, Caudill and LaRue draw on the philosophy of science to help judges, juries, and advocates better understand its goals and limitations.