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Discursive Constructions of Consent in the Legal Process

Discursive Constructions of Consent in the Legal Process

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199945351
  • Published In: February 2016
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,000.00

HKD 970.00 Save HKD 30.00 (3%)

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  • Description 
  • Contents 
  • Details

    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.

  • Chapter 1
    Introduction: Linguistic and Discursive Dimensions of Consent
    Susan Ehrlich and Diana Eades

    Section 1: Free and voluntary consent
    Chapter 2
    Culture, cursing, and coercion: The impact of police officer swearing on the voluntariness of consent to search in police-citizen interactions
    Janet Ainsworth
    Chapter 3
    Post-penetration rape: Coercion or freely-given consent?
    Susan Ehrlich
    Chapter 4
    Erasing context in the courtroom construal of consent
    Diana Eades

    Section 2: Informed consent vs. ritualized consent
    Chapter 5
    Talking the ethical turn: Drawing on tick-box consent in policing
    Frances Rock
    Chapter 6
    Transparent and opaque consent in contract formation
    Lawrence Solan
    Chapter 7
    The empty performative?: Informed consent to genetic research
    John Conley, R. Jean Cadigan and Arlene Davis
    Section 3: The influence of discursive practices
    Chapter 8
    Promoting litigant consent to arbitration in multilingual small claims court
    Philipp Sebastian Angermeyer
    Chapter 9
    Consent and compliance in youth justice conferences?
    Michele Zappavigna, Paul Dwyer and J. R. Martin
    Chapter 10
    Non-consent and discursive resistance: Radical reformulation in a post-sting police interview
    Philip Gaines
    Section 4: The coercive force of cautions
    Chapter 11
    Totality of circumstances and translating the Miranda warnings
    Susan Berk-Seligson
    Chapter 12
    Negotiating the right to remain silent in inquisitorial trials
    Fleur van der Houwen and Guusje Jol
    Chapter 13
    'No comment' responses to questions in police investigative interviews
    Elizabeth Stokoe, Derek Edwards and Helen Edwards

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