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Meaning and Power in the Language of Law

Meaning and Power in the Language of Law

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781107533158
  • 出版时间 September 2020
  • 规格: Paperback
  • 适应领域:  ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781107112841
¥377.88
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  • 描述 
  • 大纲 
  • 详细

    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, written by international leaders in their fields, 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.

  • Editors' Introduction - Janny H.C. Leung and Alan Durant
    Part I. Sui generis or Socially Problematic - The Character of Legal Language:
    1. The unspoken language of the law
    Laura Nader
    2. Seeing sense: the complexity of key words that tell us what law is
    Alan Durant
    3. Hiding in plain sight: the category of ordinary language and the case law domain of transgender marriage Christopher Hutton
    Part 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
    5. The language of film and the representation of legal subjectivity in Juno Mak's Rigor Mortis
    Marco Wan
    Part III. Written in Silence - Hidden Social Meanings in Legal Discourse:
    6. Let the fingers do the talking: language, gesture and power in closing argument
    Greg Matoesian and Kristin Enola Gilbert
    7. Questions about questioning: courtroom practice in China and the USA
    Meizhen Liao
    8. Law, language and community sentiment: behind hate speech doctrine in India
    Siddharth Narrain
    Part IV. Conflict between Linguistic and Legal ideologies:
    9. When voices fail to carry: voice projection and the case of the 'dumb' jury
    Chris Heffer
    10. Ideology and political meaning in legal translation
    Janny H.C. Leung
    Part V. Demands of Law and Limits of Language:
    11. Law and the grammar of judgment
    Janet Ainsworth
    12. Legal indeterminacy in the spoken word
    Lawrence M. Solan and Silvia Dahmen
    Afterword:
    13. The said of the unsaid
    Peter Goodrich

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