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Language in the Judicial Process
Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.
The Third Branch
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Sociolinguistics and the Legal Process
Sociolinguistics and the Legal Process is an introduction to language, law and society for advanced undergraduate and postgraduate students. Its central focus is the exploration of what sociolinguistic research can tell us about how language works and doesn’t work in the legal process. Written for readers who may not have prior knowledge of sociolinguistics or the law, the book has an accessible style combined with discussion questions and exercises as well as topics for assignments, term papers, theses and dissertations. A wide range of legal contexts are investigated, including courtroom hearings, police interviews, lawyer interviews as well as small claims courts, mediation, youth justice conferencing and indigenous courts. The final chapter looks at how sociolinguists can contribute to the legal process: as expert witnesses, through legal education, and through investigating the role of language in the perpetuation of inequality in and through the legal process.
Instructions, Verdicts, and Judicial Behavior
First Published in 1994. Volume 4 in the 4-volume anthology of scholarly articles titled Readings in Trial Advocacy and the Social Sciences; a series seeking to increase our understanding of courtroom dynamics. This fourth volume consists of six jury instructions, six verdicts and two articles on judicial behaviour. These collection raises issues ranging from ability of jurors to understand judicial instructions to the ability of attorneys to predict the outcome of pending litigation.
The American Jury On Trial
First Published in 1988. More than 3 million Americans are called for jury duty every year. For most people, serving on a jury arouses two feelings: it is both a personal sacrifice and an exciting experience. And where a jury is asked to decide some cases, they make headlines. As a result of trials such as these, the American system of trial by jury faces unprecedented challenges. This volume offers an informed examination of the entire process, from jury selection to the delivery of a verdict. Quoting the experiences and expertise of F. Lee Bailey, William Kunstler, Clarence Darrow, Learned Hand, and many others, ttis book investigates such important factors as pretrial bias, the psychology of evidence, inadmissible testimony, interpreting the law, and what goes on inside the jury room. People often think that any book dealing with the law must be written in ‘legalese’ but in in this book, Professors Kassin and Wrightsman present their case in an exceptionally readable style. They utilize modern advances in psychology to illuminate the usually hidden world of trial practice and procedure and offer thoughtful possibilities for improving the system.
The Language of Canon Law
"This study explores the language of canon law, the legal order of the Roman Catholic Church. It seeks to bring the language of canon law into the law and language debate and in doing so better understand how the Roman Catholic Church communicates as a legal institution. It ex-amines the function of canon law language in ecclesiastical communications. It studies the character of canonical language, the grammar and terminology of canon law, and how it makes use of linguistic tricks and techniques to create its typical sound. It discusses the com-prehension difficulties that arise out of ambiguities in the law, out of transfer problems be-tween legal and common language, and out of canon law's...
Sublanguage
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Literature in the Public Service
How can one make state administrative systems interesting, embody an abstract public ethos and give heroism to homogeneity? The discipline of literature and bureaucracy dismisses Weber's 'neurocrat'. Milton, Trollope and Hare are case studies on implementing the 'what if' visions literature explored during a period of great change in public service
The Comprehension and Miscomprehension of Print Communication
First Published in 1987. To writers and visualizers, this study sets a range of expectations for comprehension and miscomprehension—pointing the finger of caution that even what seems the simplest of language can be misunderstood, but also calling forth their best efforts, because this benchmark study shows that some communications can be much more successful than others and there is usually room for improvement. To advertisers, the study says that perhaps we often take comprehension too much for granted, being satisfied when consumers respond with something in the general area of our message, rather than in the precise area of what is meant. To academicians, the study gives reliable reference points for thought and dialogue among themselves and the advertising and publishing communities. It underlines what intuitive editors and writers have always known but have not always practiced: that words and ideas are fragile—handle with care if you hope to deliver them intact from one mind to another.
