Discursive Constructions of Consent in the Legal Process

Discursive Constructions of Consent in the Legal Process

Author: Susan Ehrlich

Publisher: Oxford University Press

Published: 2016-02-01

Total Pages: 345

ISBN-13: 0190613890

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As a linguistically-grounded, critical examination of consent, this volume views consent not as an individual mental state or act but as a process that is interactionally-and discursively-situated. It highlights the ways in which legal consent is often fictional (at best) due to the impoverished view of meaning and the linguistic ideologies that typically inform interpretations and representations in the legal system. The authors are experts in linguistics and law, who use diverse theoretical and analytical approaches to examine the complex ways in which language is used to seek, negotiate, give, or withhold consent in a range of legal contexts. Authors draw on case studies, or larger research corpora or a wider sociolegal approach, in investigations of: police-citizen interactions in the street, police interviews with suspects, police call handlers, rape and abduction trials, interactions with lay litigants in a multilingual small claims court, a restorative justice sentencing scheme for young offenders, biomedical research, and legal disputes over contracts.


Discursive Constructions of Consent in the Legal Process

Discursive Constructions of Consent in the Legal Process

Author: Susan Lynn Ehrlich

Publisher:

Published: 2016

Total Pages:

ISBN-13: 9780190279219

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Experts in linguistics and law use diverse theoretical and analytical approaches to demonstrate the complex ways in which language is used to seek, steer, give, or withhold consent in a range of legal contexts. The book illuminates problematic issues in legal practices and procedures that may otherwise be uncritically accepted.


Sociolinguistics

Sociolinguistics

Author: Nikolas Coupland

Publisher: Cambridge University Press

Published: 2016-06-30

Total Pages: 471

ISBN-13: 1107062284

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An indispensable guide to the newest and most searching ideas about language in society.


The Cambridge Introduction to Applied Linguistics

The Cambridge Introduction to Applied Linguistics

Author: Susan Conrad

Publisher: Cambridge University Press

Published: 2020-07-30

Total Pages: 419

ISBN-13: 1108578845

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Written by a global team, this up-to-date introduction to applied linguistics helps students learn what it's like to do applied linguistics, and not just read about theoretical concepts. First, it provides frameworks for understanding both the shared characteristics of work in applied linguistics and the diversity of topics and analyses. Each chapter then highlights a topic area, covering key concepts, a specific project undertaken by the authors, and their personal reflections on entering the field. Hands-on analysis and other application activities also encourage students to test different skills related to each chapter. Finally, students are introduced to the tools they need to continue in applied linguistics: how to read and write empirical research, how to evaluate primary literature, and starting points for expanding their interest in specific subject areas. The authors provide examples from different geographical regions and languages to engage an international audience. At the same time, multilingualism, interdisciplinarity, and technology are integrated as themes within the text to reflect how these areas are now interwoven throughout applied linguistics.


Just Words

Just Words

Author: John M. Conley

Publisher: University of Chicago Press

Published: 2019-05-10

Total Pages: 262

ISBN-13: 022648453X

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Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.


Frameworks for Discursive Actions and Practices of the Law

Frameworks for Discursive Actions and Practices of the Law

Author: Jan Engberg

Publisher: Cambridge Scholars Publishing

Published: 2019-01-15

Total Pages: 478

ISBN-13: 1527525813

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This volume provides descriptive and interpretive insights into the ‘living’ usage of language and other semiotic modes in building and performing the law across academic, professional and institutional contexts, where issues arise from the meaning and function of legal texts, discourse and genre in constituting and enabling conventions, albeit dynamically, and account for the socially and (inter)culturally influenced forms of discursive actions and practices. The twenty contributions included here weave significant contexts and situations for legal discourse and practice into a tight thread, and justify selected topic areas through a variety of approaches, frameworks, methodologies, and procedures. As such, this publication is multidimensional and multiperspectival in its design and implementation of key issues confronting discursive actions and practices of the law, and provides an invaluable resource for academics in a wider range of disciplines, including linguistics, applied linguistics and communication studies. It will also be of interest to students of interdisciplinary discourse analysis.


Discourse, Identity, and Social Change in the Marriage Equality Debates

Discourse, Identity, and Social Change in the Marriage Equality Debates

Author: Karen Tracy

Publisher: Oxford University Press

Published: 2016-04-15

Total Pages: 225

ISBN-13: 0190625414

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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.


The Suspect's Statement

The Suspect's Statement

Author: Martha Komter

Publisher: Cambridge University Press

Published: 2019-04-25

Total Pages: 221

ISBN-13: 1108622909

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What suspects tell the police may become a crucial piece of evidence when the case comes to court. But what happens to 'the suspect's statement' when it is written down by the police? Based on a unique set of data from over fifteen years' worth of research, Martha Komter examines the trajectory of the suspect's statement from the police interrogation through to the trial. She shows how the suspect's statement is elicited and written down in the police report, how this police report both represents and differs from the original talk in the interrogation, and how it is quoted and referred to in court. The analyses cover interactions in multiple settings, with documents that link one interaction to the next, providing insights into the interactional and documentary foundations of the criminal process and, more generally, into the construction, character and uses of documents in institutional settings.


Islamic Wealth Taxation and Financing Public Health

Islamic Wealth Taxation and Financing Public Health

Author: Lyla Latif

Publisher: Ethics International Press

Published: 2023-11-25

Total Pages: 385

ISBN-13: 1804413313

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Islamic Wealth Taxation and Financing Public Health is an eye-opening and thought-provoking book that boldly explores new possibilities for funding public health initiatives in countries where Islam isn't the predominant religion. In this case, Kenya serves as the focal point. Written by a Pan-African Muslim woman, this book is a must-read for anyone curious about innovative ways to improve public health without overburdening taxpayers. The author delves into the concept of zakat, an Islamic wealth tax, and investigates how it could be used as a source of revenue to boost public health in non-Islamic states like Kenya. By shedding light on the inner workings of the Kenyan legal system, the book highlights the importance of understanding local power dynamics, cultural and religious beliefs, and political structures when examining legal issues. It's a fascinating look at how different legal frameworks can come together to tackle complex challenges, which brings together insights from human rights law, Islamic law, and constitutional law, showcasing the potential for interdisciplinary collaboration in solving real-world problems. One of the reasons this book is so timely and important is its alignment with global development goals, such as the United Nations Sustainable Development Goals (SDGs), the African Union Agenda 2063, and National Development Plans. These initiatives all emphasise the need for countries to find new, local funding sources without overtaxing their citizens. Exploring zakat as a potential solution in Kenya is particularly interesting, given the country's influence in East Africa and the potential impact of such a development in the region.


Approaches to Discourse Analysis

Approaches to Discourse Analysis

Author: Cynthia Gordon

Publisher: Georgetown University Press

Published: 2021-10-01

Total Pages: 218

ISBN-13: 1647121116

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In this groundbreaking collection, scholars within the field of linguistics and beyond offer discourse analyses in multiple languages, contexts, and modes, demonstrating the importance of the diverse perspectives that various approaches to discourse bring to bear on human communication.