Exploring Courtroom Discourse: The Language of Power and Control

by Le Cheng, Vijay K Bhatia, Anne Wagner

Overview

This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels.

The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.

Product Details

ISBN-13:	9781409497653
Publisher:	Ashgate Publishing Ltd
Publication date:	02/28/2013
Series:	Law, Language and Communication
Sold by:	Barnes & Noble
Format:	eBook
File size:	4 MB

About the Author

Anne Wagner, is an Associate Professor in Applied Linguistics., Université du Littoral Côte d'Opale, France, and Research Professor, China University of Political Science and Law (Beijing, China). Since 2005 she has been President of the International Roundtables for the Semiotics of Law (IRSL). She is the founder of the website: semioticsoflaw.com; a founding Member of International Law and Language Association and a Permanent Member of the Scientific Committee of the Instituto Subalpino per l'analisi e l'insegnamento del diritto della attività transanzionali - ISAIDAT. She has published extensively on issues relating to law and language.

Le Cheng is currently Professor and Director of the Center for Legal Discourse and Translation, Zhejiang University. He holds a concurrent professorship at China University of Political Science and Law (CUPL). He is Chief Editor of the International Journal of Law, Language & Discourse, co-editor of the Translated Series on Law and Language (CUPL Press), Secretary General and Vice President of the Multicultural Association of Law and Language, Deputy Director of the Research Centre for Legal Translation, CUPL, and Councillor of the China Behaviour Law Association. His interests and publications are in the areas of law, legal translation, semiotics, language and law, and discourse analysis.

Deborah Cao, Anne Wagner, Le Cheng, Kim McCaul, Sarah Dettenwanger, Gillian Grebler, Silvia Cavalieri, Flora Di Donato, Christine A. Corcos, Janet Ainsworth, Petrina Schiavi, Roxana Rycroft, Richard Powell, Maya Khemlani David, Joanna Jemielniak.

Table of Contents

Contents: Foreword: power of and to language in law, Deborah Cao; Language, power and control in courtroom discourse, Anne Wagner and Le Cheng; Part I Power and Control in Language: Understanding courtroom communication through cultural scripts, Kim McCaul; Witnesses on trial: address and referring terms in US cases, Sarah Dettenwanger; (False) confessions become compelling at trial, Gillian Grebler; The role of metadiscourse in counsels' questions, Silvia Cavalieri; Constructing legal narratives: client-lawyer stories, Flora Di Donato. Part II Power and Control Behind Language: Magical images in law, Christine A. Corcos; The construction of admissions of fault through American rules of evidence: speech, silence and significance in the legal creation of liability, Janet Ainsworth; The construction of truth in legal decision-making, Petrina Schiavi; Hidden penalties faced by non-English speakers in the UK criminal justice system: an interpreting perspective, Roxana Rycroft; Language alternation in Kenyan and Malaysian courts, Richard Powell and Maya Khemlani David; The place of arbitration in online proceedings as a simulacrum, Joanna Jemielniak; Index.

Editorial Reviews

'This important collection explores the ways that law, language and power interact in courtrooms around the world. It will remain an important contribution to the study of law and culture for a long time, both because of the quality of the individual chapters, and because, taken as a whole, the book provides a compelling narrative of the courtroom as a forum for reinforcing control across many legal cultures.' Lawrence M. Solan, Brooklyn Law School, USA 'Through the lenses of a variety of theories and approaches, including discourse analysis, pragmatics, semantics, semiotics, and sociolinguistics, this volume examines some of the many ways in which language functions as a tool for exercising power and control in legal settings.' Peter Tiersma, Loyola Law School, USA 'The appeal of the book lies in the actionable knowledge it brings to this emerging field of research and practice as it contains contributions from internationally recognized scholars from a range of continents, including Asia, North America, Europe and Oceania. Integrating practical and theoretical reflections, this volume provides an updated profile for the trend and evolution in interdisciplinary studies between law, language and discourse, which is valuable not only for the professionals and academics in the fields of law and forensic linguistics, but also for those in the field of discourse studies.' Discourse Studies 'The book encourages a critical understanding of how law and language exhorts power and control in courtrooms across diverse cultures. It is thus likely to appeal to students and researchers engaged in interdisciplinary work, in particular in the fields of law, legal theory, (legal) interpretation and the semiotics of law.' International Journal for the Semiotics of Law

From the Publisher