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Discursive Constructions of Consent in the Legal Process
Experts in linguistics and law use diverse theoretical and analytical approaches to demonstrate the complex ways in which language is used to seek, steer, give, or withhold consent in a range of legal contexts. The book illuminates problematic issues in legal practices and procedures that may otherwise be uncritically accepted.
Language and Legal Interpretation in International Law
Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
From Truth to Technique at Trial
In this first ever discourse analysis of advocacy advice texts-manuals, handbooks, and other how-to guides written by lawyers for lawyers-Philip Gaines takes an intriguing look at how advice authors have historically discussed the metavalues of truth and justice in their advocacy texts-and how that discussion has changed from 1600 to the present day.
Deceptive Ambiguity by Police and Prosecutors
Ambiguity is commonly considered unintentional while deception is considered intentional. Here, Roger W. Shuy describes fifteen criminal cases in which police, prosecutors, and undercover agents used deceptive ambiguity with criminal suspects and defendants, many times giving evidence of being intentionally constructed through the manipulation of the speech events, schemas, agendas, speech acts, strategies, lexicon, and grammar. Although certain types of intentional deceptive ambiguity are central for successful undercover operations, the case examples in this book demonstrate how various types of deceptive ambiguity are common not only in undercover operations but also in police interviews and courtroom examinations conducted by prosecutors.
Confronting the Death Penalty
"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.
Discourse, Identity, and Social Change in the Marriage Equality Debates
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-interp...
The Routledge Handbook of Forensic Linguistics
The Routledge Handbook of Forensic Linguistics offers a comprehensive survey of the subdiscipline of Forensic Linguistics, with this new edition providing both updated overviews from leading figures in the field and exciting new contributions from the next generation of forensic linguists. The Handbook is a unique work of reference to the leading ideas, debates, topics, approaches and methodologies in forensic linguistics and language and the law. It comprises 43 chapters, including entirely new contributions from many international experts, in the areas of Aboriginal claimants, appraisal and stance, author identities online, biased language in capital trials, corpus approaches, false confes...
Legal Orientalism
After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.
Forensic Linguistics in China
This Element offers a comprehensive examination of forensic linguistics in China. It traces the origins of the field in the 1980s and 1990s, and highlights the progress made in the 2000s, with a focus on the work of influential scholars such as Pan Qingyun, Wang Jie, Du Jinbang, Liao Meizhen, Yuan Chuanyou, and Wang Zhenhua. It discusses the development of Discourse Information Theory, the Principle of Goal, Functional Forensic Discourse Analysis, and Legal Discourse as a Social Process. It also analyses studies on language evidence and explores legal translation. It discusses emerging research areas, including cyberbullying language research, internet court discourse analysis, authorship analysis, expert assistance systems, and speaker identification and evidence of forensic phonetics. This Element provides valuable insights into the growth and potential of forensic linguistics in China, serving as a comprehensive resource for scholars, researchers, and practitioners interested in the intersection of language and law.
Language as Evidence
This edited book provides a comprehensive survey of the modern state of the art in forensic linguistics. Part I of the book focuses on the role of the linguist as an expert witness in common law and civil law jurisdictions, the relation of expert witnesses and lawyers, ethics standards, and courtroom interaction. Part II deals with some of the major areas of expertise of forensic linguistics as the scientific study of language as evidence, namely authorship identification, speaker identification, text authentication, deception and lie detection, plagiarism detection, and cyber language crimes. This book is intended to be used as a reference for academics, students and practitioners of Linguistics, Forensic Linguistics, Law, Criminology, and Forensic Psychology, among other disciplines.
