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Author: Gail Stygall
Publisher: John Benjamins Publishing
ISBN: 9027282846
Category : Language Arts & Disciplines
Languages : en
Pages : 240
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Book Description
This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesses' use of certain categories of evidentials, the legal topic originating in textual authority unknown to the lay participants, specific distribution of verb forms by legal genre, and a linguistic “burden” accompanying the legal “burden of proof” in the requirement that the lawyer of the moving party also use and explain technical legal terms to the jury at the same time as he or she presents evidence. All of these factors contribute to the incomprehensibility of legal discourse to lay auditors, resulting in the jury making their decision based on a commonsense script of the events precipitating the trial.The study concludes by arguing for a Foucauldian discourse analysis of institutional languages, a social theory powerful enough to account for the power and tenacity of these languages, where traditional linguistic explanation has failed.
Author: Gail Stygall
Publisher: John Benjamins Publishing
ISBN: 9027282846
Category : Language Arts & Disciplines
Languages : en
Pages : 240
Get Book Here
Book Description
This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesses' use of certain categories of evidentials, the legal topic originating in textual authority unknown to the lay participants, specific distribution of verb forms by legal genre, and a linguistic “burden” accompanying the legal “burden of proof” in the requirement that the lawyer of the moving party also use and explain technical legal terms to the jury at the same time as he or she presents evidence. All of these factors contribute to the incomprehensibility of legal discourse to lay auditors, resulting in the jury making their decision based on a commonsense script of the events precipitating the trial.The study concludes by arguing for a Foucauldian discourse analysis of institutional languages, a social theory powerful enough to account for the power and tenacity of these languages, where traditional linguistic explanation has failed.
Author: C. Heffer
Publisher: Springer
ISBN: 0230502881
Category : Language Arts & Disciplines
Languages : en
Pages : 269
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Book Description
Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.
Author: Plain English Campaign
Publisher: Robson Books Limited
ISBN:
Category : Law
Languages : en
Pages : 108
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Book Description
This book looks at the forces that have made traditional legal language what it is today and suggests some reasoms why the law needs plain English. It also shows why most of its peculiarities are unnecessary.
Author: Gail Stygall
Publisher: John Benjamins Publishing
ISBN: 9027250383
Category : Language Arts & Disciplines
Languages : en
Pages : 239
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Book Description
This study of Anglo-American legal discourse is the first comprehensive discourse analysis of American legal language in its prototypical setting, the trial by jury. With ethnographic data gathered in a civil jury trial, the book compares the discourse processing of the legal participants and the lay jurors in the trial.This study, examining an entire trial, finds that it is constraints at the level of a Foucauldian discursive formation that prevent lay understanding. Those constraints include the allocation of narrative speaking roles primarily to legal speakers in genres in which no sworn evidence is given, the suppression of narrative in ordinary witnesses, a set of restraints on witnesses' use of certain categories of evidentials, the legal topic originating in textual authority unknown to the lay participants, specific distribution of verb forms by legal genre, and a linguistic burden accompanying the legal burden of proof in the requirement that the lawyer of the moving party also use and explain technical legal terms to the jury at the same time as he or she presents evidence. All of these factors contribute to the incomprehensibility of legal discourse to lay auditors, resulting in the jury making their decision based on a commonsense script of the events precipitating the trial.The study concludes by arguing for a Foucauldian discourse analysis of institutional languages, a social theory powerful enough to account for the power and tenacity of these languages, where traditional linguistic explanation has failed.
Author: Richard A. Parker
Publisher: University of Alabama Press
ISBN: 081735025X
Category : Language Arts & Disciplines
Languages : en
Pages : 356
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Book Description
Describes landmark free speech decisions of the Supreme Court while highlighting the issues of language, rhetoric, and communication that underlie them. At the intersection of communication and First Amendment law reside two significant questions: What is the speech we ought to protect, and why should we protect it? The 20 scholars of legal communication whose essays are gathered in this volume propose various answers to these questions, but their essays share an abiding concern with a constitutional guarantee of free speech and its symbiotic relationship with communication practices. Free Speech on Trial fills a gap between textbooks that summarize First Amendment law and books that analyze case law and legal theory. These essays explore questions regarding the significance of unregulated speech in a marketplace of goods and ideas, the limits of offensive language and obscenity as expression, the power of symbols, and consequences of restraint prior to publication versus the subsequent punishment of sources. As one example, Craig Smith cites Buckley vs. Valeo to examine how the context of corruption in the 1974 elections shaped the Court's view of the constitutionality of campaign contributions and expenditures. Collectively, the essays in this volume suggest that the life of free speech law is communication. The contributors reveal how the Court's free speech opinions constitute discursive performances that fashion, deconstruct, and reformulate the contours and parameters of the Constitution’s guarantee of free expression and that, ultimately, reconstitute our government, our culture, and our society.
Author: Daniel I. Small
Publisher: American Bar Association
ISBN: 9781570737237
Category : Law
Languages : en
Pages : 326
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Book Description
Classic reference with accessible and proven advice on how to better prepare for trial, from the first client interview to closing argument. Includes numerous procedures, checklists, forms, and worksheets.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Roberto Aron
Publisher:
ISBN: 9780071726009
Category : Body language
Languages : en
Pages : 0
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Book Description
Author: Richard Ashby Wilson
Publisher: Cambridge University Press
ISBN: 110710310X
Category : Law
Languages : en
Pages : 377
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Book Description
This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
Author: Stephen D. Krashen
Publisher: Heinemann Educational Books
ISBN:
Category : Education
Languages : en
Pages : 132
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Book Description
Here is a timely and important book for anyone concerned about the future of bilingual education in America. Written by Stephen Krashen, the nation's foremost expert on second language acquisition, it disproves many of the false assumptions and outright distortions that led to the passage of Proposition 227 in California. Now, as some of those same arguments proliferate in other states, Krashen explains the bases for five of these key beliefs, and proves-step-by-step-why they are wrong: Bilingual education is responsible for the high Hispanic dropout rate. In fact, studies show reduced and even no difference in dropout rates when background factors are controlled. Most immigrants succeeded without bilingual education. Krashen argues that many immigrants arrived here having had a de facto bilingual education in their countries of origin; and that until the last half of this century, economic success was not so strongly dependent on school success. The United States is the only nation that has bilingual education. There is ample evidence of bilingual programs not only existing, but also succeeding in countries like Norway and the Netherlands. Bilingual education failed in California. The author explores flaws in the methods of various studies and counters with other reasons why bilingual education students may not thriveNincluding widespread poverty and lack of reading materials. The public is against bilingual education. This argument, propagated by the media, proves false when one examines the biased language used in survey after survey. In its careful delineation of the real issues, Condemned Without a Trial gives educators, administrators, parents, and voters the essential understanding-and evidence-they have heretofore been denied.
