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3 books about Conduct of court proceedings
3 books about Conduct of court proceedings
John M. Conley
University of Chicago Press
Is it "just words" when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it "just words" when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power.
Conley and O'Barr show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic that will be welcomed by students and specialists alike.
Conley and O'Barr show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic that will be welcomed by students and specialists alike.
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Gregory M. Matoesian
University of Chicago Press
This book offers new insight into one of the most disturbing social problems of modern societies: rape. Using tape recordings of actual trials, Gregory M. Matoesian looks at the social construction of rape trials and at how a woman's experience of violation can be transformed in the courtroom into an act of routine, consensual sex.
Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women.
Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.
Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women.
Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.
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Interpreting in Legal Settings
Debra Russell
Gallaudet University Press, 2009
The Fourth Volume in the Studies in Interpretation Series
The work of interpreters in legal settings, whether they are spoken or signed language interpreters, is filled with enormous complexity and challenges. This engrossing volume presents six, data-based studies from both signed and spoken language interpreter researchers on a diverse range of topics, theoretical underpinnings, and research methodologies.
In the first chapter, Ruth Morris analyzes the 1987 trial of Ivan (John) Demjanjuk in Jerusalem, and reveals that what might appear to be ethical breaches often were no more than courtroom dynamics, such as noise and overlapping conversation. Waltraud Kolb and Franz Pöchhacker studied 14 asylum appeals in Austria and found that interpreters frequently aligned themselves with the adjudicators. Bente Jacobsen presents a case study of a Danish-English interpreter whose discourse practices expose her attempts to maintain, mitigate, or enhance face among the participants.
In the fourth chapter, Jemina Napier and David Spencer investigate the effectiveness of interpreting in an Australian courtroom to determine if deaf citizens should participate as jurors. Debra Russell analyzed the effectiveness of preparing sign language interpreter teams for trials in Canada and found mixed results. The final chapter presents Zubaidah Ibrahim-Bell’s research on the inadequate legal services in Malaysia due to the fact that only seven sign interpreters are available. Taken together, these studies point to a “coming of age” of the field of legal interpreting as a research discipline, making Interpreting in Legal Settings an invaluable, one-of-a-kind acquisition.
The work of interpreters in legal settings, whether they are spoken or signed language interpreters, is filled with enormous complexity and challenges. This engrossing volume presents six, data-based studies from both signed and spoken language interpreter researchers on a diverse range of topics, theoretical underpinnings, and research methodologies.
In the first chapter, Ruth Morris analyzes the 1987 trial of Ivan (John) Demjanjuk in Jerusalem, and reveals that what might appear to be ethical breaches often were no more than courtroom dynamics, such as noise and overlapping conversation. Waltraud Kolb and Franz Pöchhacker studied 14 asylum appeals in Austria and found that interpreters frequently aligned themselves with the adjudicators. Bente Jacobsen presents a case study of a Danish-English interpreter whose discourse practices expose her attempts to maintain, mitigate, or enhance face among the participants.
In the fourth chapter, Jemina Napier and David Spencer investigate the effectiveness of interpreting in an Australian courtroom to determine if deaf citizens should participate as jurors. Debra Russell analyzed the effectiveness of preparing sign language interpreter teams for trials in Canada and found mixed results. The final chapter presents Zubaidah Ibrahim-Bell’s research on the inadequate legal services in Malaysia due to the fact that only seven sign interpreters are available. Taken together, these studies point to a “coming of age” of the field of legal interpreting as a research discipline, making Interpreting in Legal Settings an invaluable, one-of-a-kind acquisition.
[more]
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