Discourse, Identity, and Social Change in the Marriage Equality Debates PDF Download
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Author: Karen Tracy
Publisher: Oxford University Press
ISBN: 0190217979
Category : Language Arts & Disciplines
Languages : en
Pages : 225
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Book Description
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-interpreting discourses. Focal materials are the eight cases about same-sex marriage and civil unions that were argued in state supreme courts between 2005 and 2009, and six of a larger number of hearings that occurred in state judicial committees considering bills regarding who should be able to marry. Tracy concludes with analysis of the 2011 Senate Judiciary Committee Hearing on DOMA, comparing it to the initial 1996 hearing and to the 2013 Supreme Court oral argument about it. The book shows that social change occurred as the public discourse that treated sexual orientation as a "lifestyle" was replaced with a public discourse of gays and lesbians as a legitimate category of citizen.
Author: Karen Tracy
Publisher: Oxford University Press
ISBN: 0190217979
Category : Language Arts & Disciplines
Languages : en
Pages : 225
Get Book Here
Book Description
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-interpreting discourses. Focal materials are the eight cases about same-sex marriage and civil unions that were argued in state supreme courts between 2005 and 2009, and six of a larger number of hearings that occurred in state judicial committees considering bills regarding who should be able to marry. Tracy concludes with analysis of the 2011 Senate Judiciary Committee Hearing on DOMA, comparing it to the initial 1996 hearing and to the 2013 Supreme Court oral argument about it. The book shows that social change occurred as the public discourse that treated sexual orientation as a "lifestyle" was replaced with a public discourse of gays and lesbians as a legitimate category of citizen.
Author: Karen Tracy
Publisher: Oxford University Press
ISBN: 0190625414
Category : Language Arts & Disciplines
Languages : en
Pages : 225
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Book Description
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-interpreting discourses. Focal materials are the eight cases about same-sex marriage and civil unions that were argued in state supreme courts between 2005 and 2009, and six of a larger number of hearings that occurred in state judicial committees considering bills regarding who should be able to marry. Tracy concludes with analysis of the 2011 Senate Judiciary Committee Hearing on DOMA, comparing it to the initial 1996 hearing and to the 2013 Supreme Court oral argument about it. The book shows that social change occurred as the public discourse that treated sexual orientation as a "lifestyle" was replaced with a public discourse of gays and lesbians as a legitimate category of citizen.
Author: Drenner, Karla L.
Publisher: IGI Global
ISBN: 1522579621
Category : Law
Languages : en
Pages : 210
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Book Description
Equality is often trampled on by those who believe they are, in varying ways, superior. However, identifying how government systems can protect against discrimination can assist future generations in combating the harsh realities of inequality. Social Jurisprudence in the Changing of Social Norms: Emerging Research and Opportunities delivers a collection of resources dedicated to identifying sexual orientation as a protected legal class like race, color, gender, and religion using innovative research methods and the federalist responses to the LGBT movement. While highlighting topics including judicial review, LGBT politics, and social change framework, this book is ideally designed for policymakers, politicians, academicians, researchers, and students seeking current research on the analysis of legal cases that provide evidence of LGBT citizen marginalization.
Author: Doug Cloud,
Publisher: Taylor & Francis
ISBN: 1000957624
Category : Social Science
Languages : en
Pages : 158
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Book Description
Arguing Identity and Human Rights poses open questions about how to best argue for human rights, to help us think through the advantages and trade-offs of different rhetorical strategies, identify rival options, and, ultimately, choose our own paths. Modeling a humane approach to human rights argument, this book offers four deep rhetorical analyses of some of the most vexing and fascinating challenges facing human rights arguers in the United States: How do we want to frame difference in human rights advocacy—are we trying to downplay difference or something else? How can we best answer dismissive responses to human rights arguments? Should we portray people in marginalized categories as having “no choice” about their identity, and what would alternatives look like? What are the possibilities and perils of trying to “afflict” audiences with hegemonic identities to persuade them on human rights issues? Offering clear practical and theoretical implications while resisting easy answers, the book provides a concise introduction to the relationship between identity, discourse, and social change. Designed for both theorists and practitioners, for current and aspiring human rights arguers, this insightful text will be of use to students of rhetoric, argumentation, persuasion, and communication studies more generally, as well as human rights, social activism and social change, political science, sociology, and race and gender studies.
Author: Janny H.C. Leung
Publisher: Oxford University Press
ISBN: 0190210346
Category : Language Arts & Disciplines
Languages : en
Pages : 321
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Book Description
What challenges face jurisdictions that attempt to conduct law in two or more languages? How does choosing a legal language affect the way in which justice is delivered? Answers to these questions are vital for the 75 officially bilingual and multilingual states of the world, as well as for other states contemplating a move towards multilingualism. Arguably such questions have implications for all countries in a world characterized by the pressures of globalization, economic integration, population mobility, decolonization, and linguistic re-colonization. For lawyers, addressing such challenges is made essential by the increased frequency and scale of transnational legal dealings and proceedings, as well as by the lengthening reach of international law. But it is not only policy makers, legislators, and other legal practitioners who must think about such questions. The relationship between societal multilingualism and law also raises questions for the burgeoning field of language and law, which posits--among other tenets--the centrality of language in legal processes. In this book, Janny H.C. Leung examines key aspects of legal multilingualism. Drawing extensively on case studies, she describes the implications of the legal, practical, and ideological dilemmas encountered in a given country when it becomes bilingual or multilingual, discussing such issues as: how legal certainty and the linguistic ideology of authenticity may be challenged in a multilingual jurisdiction; how courts balance the language preferences of different courtroom participants; and what historical, socio-political and economic factors may influence the decision to cement a given language as a jurisdiction's official language. Throughout, Leung elaborates a theory of "symbolic jurisprudence" to explore common dilemmas found across countries, despite their varied political and cultural settings, and argues that linguistic equality as proclaimed and practiced today is a shallow kind of equality. Although officially multilingual jurisdictions appear to be more inclusive than their monolingual counterparts, they run the risk of disguising substantive inequalities and displacing real efforts for more progressive social change. This is the first book to offer overarching discussion of how such issues relate to each other, and the first systematic study of legal multilingualism as a global phenomenon.
Author: Elizabeth Mertz
Publisher: Oxford University Press
ISBN: 0199990557
Category : Language Arts & Disciplines
Languages : en
Pages : 315
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Book Description
In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. This problem takes on real-life significance when one of the fields is law, where how knowledge is conveyed can affect how justice is meted out.
Author: Justin Mando
Publisher: Rowman & Littlefield
ISBN: 1793620881
Category : Language Arts & Disciplines
Languages : en
Pages : 185
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Book Description
Fracking and the Rhetoric of Place investigates the rhetorical strategies of speakers at public hearings on hydraulic fracturing (“fracking”) in order to understand how places shape and are shaped by citizens as they engage in their democracy. As an important argumentative resource in environmental controversy, the rhetoric of place helps citizens situate themselves within local contexts and raise their voices in times of social conflict. Justin Mando uses rhetorical analysis, discourse analysis, and corpus analysis to offer scholars of place-based rhetoric and environmental communication a heuristic approach to studying their own sites. This approach reveals that place-based arguments are a ubiquitous rhetorical resource in the dispute over hydraulic fracturing that shapes how the issue is perceived. Pro-frackers and anti-frackers use rhetoric of place in striking ways that reveal their values, motivations, strengths, and weaknesses. Place functions as an interface of potential common ground that connects the local to the global, what is here to what is there. Scholars and students of rhetoric, communication, and environmental studies will find this book particularly interesting.
Author: H. Dan O'Hair
Publisher: John Wiley & Sons
ISBN: 1119399874
Category : Language Arts & Disciplines
Languages : en
Pages : 1043
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Book Description
An authoritative survey of different contexts, methodologies, and theories of applied communication The field of Applied Communication Research (ACR) has made substantial progress over the past five decades in studying communication problems, and in making contributions to help solve them. Changes in society, human relationships, climate and the environment, and digital media have presented myriad contexts in which to apply communication theory. The Handbook of Applied Communication Research addresses a wide array of contemporary communication issues, their research implications in various contexts, and the challenges and opportunities for using communication to manage problems. This innovative work brings together the diverse perspectives of a team of notable international scholars from across disciplines. The Handbook of Applied Communication Research includes discussion and analysis spread across two comprehensive volumes. Volume one introduces ACR, explores what is possible in the field, and examines theoretical perspectives, organizational communication, risk and crisis communication, and media, data, design, and technology. The second volume focuses on real-world communication topics such as health and education communication, legal, ethical, and policy issues, and volunteerism, social justice, and communication activism. Each chapter addresses a specific issue or concern, and discusses the choices faced by participants in the communication process. This important contribution to communication research: Explores how various communication contexts are best approached Addresses balancing scientific findings with social and cultural issues Discusses how and to what extent media can mitigate the effects of adverse events Features original findings from ongoing research programs and original communication models and frameworks Presents the best available research and insights on where current research and best practices should move in the future A major addition to the body of knowledge in the field, The Handbook of Applied Communication Research is an invaluable work for advanced undergraduate students, graduate students, and scholars.
Author: Jonathan Culpeper
Publisher: Springer
ISBN: 1137375086
Category : Language Arts & Disciplines
Languages : en
Pages : 822
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Book Description
This handbook comprehensively examines social interaction by providing a critical overview of the field of linguistic politeness and impoliteness. Authored by over forty leading scholars, it offers a diverse and multidisciplinary approach to a vast array of themes that are vital to the study of interpersonal communication. The chapters explore the use of (im)politeness in specific contexts as well as wider developments, and variations across cultures and contexts in understandings of key concepts (such as power, emotion, identity and ideology). Within each chapter, the authors select a topic and offer a critical commentary on the key linguistic concepts associated with it, supporting their assertions with case studies that enable the reader to consider the practicalities of (im)politeness studies. This volume will be of interest to students and scholars of linguistics, particularly those concerned with pragmatics, sociolinguistics and interpersonal communication. Its multidisciplinary nature means that it is also relevant to researchers across the social sciences and humanities, particularly those working in sociology, psychology and history.
Author: David Lanius
Publisher: Oxford University Press
ISBN: 0190923709
Category : Language Arts & Disciplines
Languages : en
Pages : 353
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Book Description
Though indeterminacy in legal texts is pervasive, there is a widespread misunderstanding about what indeterminacy is, particularly as it pertains to law. Legal texts present unique challenges insofar as they address a heterogeneous audience, are applied in a variety of unforeseeable circumstances and must, at the same time, lay down clear and unambiguous standards. Sometimes they fail to do so, however, either by accident or by intention. While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have recognized that there are more forms of indeterminacy than vagueness and ambiguity. A comprehensive account of legal indeterminacy is thus called for. David Lanius here answers that call and in so doing, addresses three central questions about the role of indeterminacy in the law. First, what are the sources of indeterminacy in law? Second, what effects do the different forms of indeterminacy have? Third, how can and should these forms be intentionally used? Based on a thorough examination of the advantages and disadvantages of the different forms of indeterminacy in the wording of laws, contracts, and verdicts, Lanius argues for the claim that semantic vagueness is less relevant than commonly supposed in the debate, while other forms of indeterminacy (in particular, polysemy and standard-relativity) are mistakenly underrated or even ignored. This misconception is due to a systematic confusion between semantic vagueness and these other forms of indeterminacy. Once it is resolved, the value and functions of linguistic indeterminacy in the law can be clearly shown.
