Language and the law

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Language and the law

edited by John Gibbons

(Language in social life series)

Longman, 1994

  • : cased
  • : pbk

Available at  / 47 libraries

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Includes bibliographical references and index

Description and Table of Contents

Volume

: pbk ISBN 9780582101456

Description

Explains and describes the ways that language use in the legal system can create inequality and disadvantage. It examines the three main areas where the two intersect: the central issue of the language of the law; the disadvantage which language can impose before the law, and forensic linguistics - the use of linguistic evidence in legal processes. Each section of the book is preceded by an introduction by the editor which sets the paper within a conceptual framework. Lawyer's opinions are not neglected even though the collection is written mainly by linguists. The section concludes with a lawyer's response, in which a prominent lawyer with a particular interest in the content of the section responds to the papers.

Table of Contents

Part 1: Language constructing law Introduction, John Gibbons 1. The language of the law, Yon Maley 2. Accident and absolute liability in anthropology, Laurence Goldman 3. Orality, literacy, and performativity in Anglo-Saxon wills, Brenda Danet and Bryna Bogoch 4. Cognitive structuring in legislative provisions, Vijay Bhatia 5. Ideological exchanges in British magistrate courts, Snadra Harris 6. Video depositions: linguistic endorsement and caveats, Bethyl A. Pearson and Rebecca White Berch 7. Lawyer's response to language constructing law, Margaret O'Toole Part 2: Language and disadvantage before the law Introduction, John Gibbons 8. Cross-examining children in criminal courts: child welfare under attack, Mark Brennan 9. Interactional styles in the courtroom: an example from northern Australia, Michael Walsh 10. A case of communicative clash: Aboriginal English and the legal system, Diana Eades 11. Addressing social issues through linguistic evidence, William Labov and Wendell A. Harris 12. Lawyer's response to language and disadvantage before the law, John Carroll Part 3: Forensic linguistics Introduction, John Gibbons 13. Auditory and acoustic analysis in speaker recognition, Francis Nolan 14. The limitations of voice identification, Alex Jones 15. Forensic analysis of personal written texts: a case study, Robert Eagleson 16. Computers, statistics and disputed authorship, Wilfred Smith 17. Powerful evidence for the defence: an exercise in forensic discourse analysis, Malcolm Coulthard 18. Confidentiality of linguistic material: the case of Aboriginal land claims, Jane Simpson 19. Lawyer's response to forensic linguistics, Dyson Heydon Bibliography Index
Volume

: cased ISBN 9780582229761

Description

This examines three main areas where the language and law interact: the central issue of the language of the law; the disadvantage which language can impose before the law, and forensic linguistics. Each area is dealt with in a separate section which is preceded by an introduction from the editor and concluded by a response from a prominent lawyer who has a particular interest in the area. The contributors are: Professor Rebecca White Berch, Attorney General's Office, State of Arizona, USA; Dr Vijay K. Bhatia, National University of Singapore; Professor Bryna Bogoch, The Hebrew University of Jerusalem, Israel; Dr Mark Brennan, Charles Sturt University, New South Wales, Australia; John Carroll, Attorney-General's Department, Australia; Professor Malcolm Coulthard, The University of Birmingham, UK; Professor Brenda Danet, The Hebrew University of Jerusalem, Israel; Dr Diana Eades, University of New England, Australia; Dr Robert Eagleson, New South Wales, Australia; Dr John Gibbons, The University of Sydney, Australia; Dr Laurence Goldman, The University of Queensland, Australia; Dr Sandra Harris, Nottingham Trent University, UK; Wendell A. Harris, Philadelphia, USA. John Heydon QC, Selbourne Chambers, New South Wales, Australia; Dr Alex Jones, The University of Sydney, Australia; Professor William Labov, University of Pennsylvania, USA; Associate Professor Yon Maley, Macquarie University, Australia; Dr Francis Nolan, University of Cambridge, UK; Her Honour Judge Margaret O'Toole, Compensation Court of NSW, Australia; Professor Bethyl A. Pearson, Grand Canyon University, USA; Dr Jane Simpson, University of Sydney, Australia; Dr M. Wilfred Smith, University of Ulster at Jordanstown, Northern Ireland; Dr Michael Walsh, The University of Sydney, Australia.

Table of Contents

  • Part 1 Language constructing law: introduction - language constructing law, John Gibbons
  • the language of the law, Yon Maley
  • accident and absolute liability in anthropology, Laurence Goldman
  • orality, literacy, and perfomativity in Anglo-Saxon Wills, Brenda Danet and Bryna Bogoch
  • cognitive structuring in legislative provisions, Vijay Bhatia
  • ideological exchanges in British Magistrates courts, Sandra Harris
  • video depositions - linguistic endorsement and caveats, Bethyl Pearson and Rebecca White Berch
  • lawyer's response on language constructing law, Judge Margaret O'Toole. Part 2 Language and disadvantage before the law: introduction - language and disadvantage before the law, John Gibbons
  • cross examining children in criminal courts - child welfare under attack, Mark Brennan
  • interactional styles in the courtroom - an example from Northern Australia, Michael Walsh
  • a case of communicative clash - aboriginal English and the legal system, Diana Eades
  • the value of objective evidence in linguistic testimony, William Labov and Wendell Harris
  • lawyer's response on language and disadvantage before the law, John Carroll. Part 2 Forensic linguistics: introduction - forensic linguistics, John Gibbons
  • auditory and acoustic analysis in speaker recognition, Francis Nolan
  • the limitations of voice identification, Alex Jones
  • forensic analysis of personal written texts - a case study, Robert Eagleson
  • computers, statistics and disputed authorship, M. Wilfred Smith
  • powerful evidence for the defence - an exercise in forensic discourse analysis, Malcolm Coulthard
  • confidentiality of linguistic material - the case of aboriginal land claims, Jane Simpson
  • lawyer's response on forensic linguistics, John Heydon QC.

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