Meaning and Power in the Language of Law

Author: Janny H.C. Leung; Alan Durant
Publisher: Cambridge University Press
ISBN: 9781107112841

Published In: January 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781107533158

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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