Meaning and power in the language of law / edited by Janny HC Leung (University of Hong Kong), Alan Durant (Middlesex University, London).
2018
K213 .M428 2018 (Map It)
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Details
Title
Meaning and power in the language of law / edited by Janny HC Leung (University of Hong Kong), Alan Durant (Middlesex University, London).
Published
Cambridge, United Kingdom : Cambridge University Press, 2018.
Copyright
©2018
Call Number
K213 .M428 2018
ISBN
1107112842 (Hardback)
9781107112841 (Hardback)
9781107112841 (Hardback)
Description
xiii, 330 pages : illustrations ; 24 cm
System Control No.
(OCoLC)991780632
Summary
"Legal practitioners, linguists, anthropologists, philosophers and others have all explored fundamental challenges presented by language in formulating, interpreting and applying laws. Building on centuries of interaction between legal practice and jurisprudence, the modern field of 'law and language', or 'forensic linguistics', brings insights in linguistics and related fields to bear on topics including legal drafting and translation, statutory interpretation, expert evidence on language use and dynamics of courtroom interaction. This volume presents an interlocking series of research studies engaged with different legal jurisdictions and socio-political contexts as well as with the more abstract notion of 'law'. Together the chapters...highlight recent directions in research and investigate in particular how law expresses yet also conceals power relations in its crafted use of words and in the gaps and silence between those words."-- Back cover.
Note
"An international roundtable held at the Harvard-Yenching Institute at Harvard University in 2014"--Page 5.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Added Corporate Author
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Table of Contents
List of Contributors
vii
Acknowledgements
xiii
Editors' Introduction / Alan Durant
1
pt. I
SIM generis or Socially Problematic: The Character of Legal Language
1.
Unspoken Language of the Law / Laura Nader
19
2.
Seeing Sense: The Complexity of Key Words That Tell Us What Law Is / Alan Durant
32
3.
Hiding in Plain Sight: The Category of Ordinary Language and the Case Law Domain of Transgender Marriage / Christopher Hutton
71
pt. II
Imperfect Fit between Legal Categories and Social Discourse
4.
Effects of Translation on the Invisible Power Wielded by Language in the Legal Sphere: The Case of Nepal / Katsuo Nawa
95
5.
Language of Film and the Representation of Legal Subjectivity in Juno Mak's Rigor Mortis / Marco Wan
118
pt. III
Written in Silence: Hidden Social Meanings in Legal Discourse
6.
Let the Fingers Do the Talking: Language, Gesture and Power in Closing Argument / Kristin Enola Gilbert
137
7.
Questions about Questioning: Courtroom Practice in China and the United States / Meizhen Liao
164
8.
Law, Language and Community Sentiment: Behind Hate Speech Doctrine in India / Siddharth Narrain
186
pt. IV
Conflict between Linguistic and Legal Ideologies
9.
When Voices Fail to Carry: Voice Projection and the Case of the `Dumb' Jury / Chris Heffer
207
10.
Ideology and Political Meaning in Legal Translation / Janny Hc Leung
236
pt. V
Demands of Law and Limits of Language
11.
Law and the Grammar of Judgment / Janet Ainsworth
259
12.
Legal Indeterminacy in the Spoken Word / Silvia Dahmen
277
Afterword
13.
Said of the Unsaid / Peter Goodrich
305
Index
320