Law, Language and the Courtroom
Legal Linguistics and the Discourse of Judges
- Available for pre-order. Item will ship after November 26, 2021
This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focussing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation and clarity in judicial discourse, the bookâs ultimate goal is to provide a comprehensive and in-depth overview of current critical issues of the role of language in judicial settings. Written by contributors from legal linguists, lawyers, legal scholars, legal practitioners, legal translators, and anthropologists, the work explores patterns of linguistic organization and use in judicial institutions and analyzes language as an instrument for understanding both the judicial decision-making process and its outcome.
The book will be an invaluable resource for scholars in legal linguistics and those specializing in judicial argumentation and reasoning and forensic linguists interested in the use of language in judicial settings.
Table of Contents
Editorsâ Introduction StanisĆaw GoĆșdĆș-Roszkowski & Gianluca Pontrandolfo
Foreword - Dieter Stein
SECTION 1. CONSTRUCTING JUDICIAL DISCOURSE AND JUDICIAL IDENTITIES
1. The Judicial Eurolect and EU English: a genre profiling of CJEU judgments - Ćucja Biel, Dariusz KoĆșbiaĆ, Dariusz MĂŒller
2. Evidentiality in US Supreme Court opinions: focus on passive structures with say and tell - Magdalena Szczyrbak
3. Standardization in judicial discourse: the case of the evolution of the French arrĂȘts de la Cour de cassation and the use of forms in European procedural law - Margarete FlĂ¶ter-Durr & Paulina Nowak-Korcz
4. The âconsensusâ case law of the European Court of Human Rights in light of the Courtâs legitimacy over time - Anne Lise Kjaer
5. Spider Woman beats Hulk: Baroness Hale and the prorogation of Parliament - Ruth Breeze
SECTION 2. JUDICIAL ARGUMENTATION AND EVALUATIVE LANGUAGE
6. Making a corpus-linguistic U-turn in multilingual adjudication - Martina BajÄiÄ
7. Evaluative language and strategic manoeuvring in the Justification of Judicial Decisions. The case of Teleological-Evaluative Argumentation - StanisĆaw GoĆșdĆș-Roszkowski
8. "âŠwithout proof of negligence or a causative connectionâŠ": On causal argumentation in Supreme Court of Irelandâs judgments on data protection - Davide Mazzi
9. A corpus-based comparative analysis of the evaluative lexicon found in judicial decisions on immigration - MarĂa JosĂ© MarĂn PĂ©rez
SECTION 3. JUDICIAL INTERPRETATION
10. Pedagogies of Context: Language Ideology and Expression Rights at the European Court of Human Rights - Jessica Greenberg
11. Free speech, artistic expression and blasphemy laws within the ECHR margin of appreciation - Joanna Kulesza
12. The United States Supreme Courtâs Language of Racism - Kathryn Stanchi
13. Do the Words of the American Constitution Still Matter? The Question of "the Meaning of Meaning", in Current Judicial Argumentation - Anna Tomza-Tulejska & James Patrick Higgins
14. How interdisciplinarity could improve the scientific value of legal studies of international judicial decisions - Marek Jan WasinĂŹski
SECTION 4. CLARITY IN JUDICIAL DISCOURSE
15. Conveying the right message: principles and problems of multilingual communication at the European Court of Human Rights - James Brannan
16. Concision and Clarity in Italian Court Proceedings - Antonio Muraand Jacqueline Visconti
Gianluca Pontrandolfo holds a PhD in Translation and Interpreting Studies. He is currently Senior Research Fellow at the University of Trieste (Italy) in the Department of Legal, Language, Interpreting and Translation Studies (IUSLIT) where he lectures on specialised translation from Spanish into Italian. His research interests include corpus linguistics, legal phraseology, legal translation training, LSP discourse, genre analysis, corpus-assisted critical discourse studies. He has published widely in the area of legal and judicial discourse, from a contrastive corpus-based perspective.
StanisĆaw Gozdz-Roszkowski is Associate Professor and Head of the Department of Specialised Languages and Intercultural Communication, University of Lodz (Poland), where he has been teaching various seminars in specialised communication and legal discourse analysis. His research focuses on functional and corpus-based approaches to the study of judicial discourse in US and Polish courts. He has published widely in the area of variation in legal language, legal phraseology and communicating evaluative meanings in judicial opinions. He is now involved in researching legal argumentation in the justification of judicial decisions.