1st Edition

Language and the Law

By John Peter Gibbons Copyright 1994
    490 Pages
    by Routledge

    490 Pages
    by Routledge

    Explains and describes the ways that language use in the legal system can create inequality and disadvantage. It examines the three main areas where the two intersect: the central issue of the language of the law; the disadvantage which language can impose before the law, and forensic linguistics - the use of linguistic evidence in legal processes.

    Each section of the book is preceded by an introduction by the editor which sets the paper within a conceptual framework. Lawyer's opinions are not neglected even though the collection is written mainly by linguists. The section concludes with a lawyer's response, in which a prominent lawyer with a particular interest in the content of the section responds to the papers.

    Part 1: Language constructing law
    Introduction, John Gibbons
    1. The language of the law, Yon Maley
    2. Accident and absolute liability in anthropology, Laurence Goldman
    3. Orality, literacy, and performativity in Anglo-Saxon wills, Brenda Danet and Bryna Bogoch
    4. Cognitive structuring in legislative provisions, Vijay Bhatia
    5. Ideological exchanges in British magistrate courts, Snadra Harris
    6. Video depositions: linguistic endorsement and caveats, Bethyl A. Pearson and Rebecca White Berch
    7. Lawyer's response to language constructing law, Margaret O'Toole

    Part 2: Language and disadvantage before the law
    Introduction, John Gibbons
    8. Cross-examining children in criminal courts: child welfare under attack, Mark Brennan
    9. Interactional styles in the courtroom: an example from northern Australia, Michael Walsh
    10. A case of communicative clash: Aboriginal English and the legal system, Diana Eades
    11. Addressing social issues through linguistic evidence, William Labov and Wendell A. Harris
    12. Lawyer's response to language and disadvantage before the law, John Carroll

    Part 3: Forensic linguistics
    Introduction, John Gibbons
    13. Auditory and acoustic analysis in speaker recognition, Francis Nolan
    14. The limitations of voice identification, Alex Jones
    15. Forensic analysis of personal written texts: a case study, Robert Eagleson
    16. Computers, statistics and disputed authorship, Wilfred Smith
    17. Powerful evidence for the defence: an exercise in forensic discourse analysis, Malcolm Coulthard
    18. Confidentiality of linguistic material: the case of Aboriginal land claims, Jane Simpson
    19. Lawyer's response to forensic linguistics, Dyson Heydon



    John Peter Gibbons