A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.
For centuries people have recognised the importance of language in creating and applying law. This edited volume shows scholars and students how modern linguistics and related fields contribute to understanding the role language plays, and what follows from viewing law's power as a matter of situated communication in specific social relations rather than an abstract system of rules.
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Summary
A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.
For centuries people have recognised the importance of language in creating and applying law. This edited volume shows scholars and students how modern linguistics and related fields contribute to understanding the role language plays, and what follows from viewing law's power as a matter of situated communication in specific social relations rather than an abstract system of rules.
Description
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.
Critic Reviews
“Advance praise: 'The editors of this book have put together a collection of articles discussing the unsaid in law, which is broad in scope and wide-ranging in theoretical backgrounds, making it a must for all those interested in the language of the law, and its implications.' Dennis Kurzon, University of Haifa, Israel”
'The editors of this book have put together a collection of articles discussing the unsaid in law, which is broad in scope and wide-ranging in theoretical backgrounds, making it a must for all those interested in the language of the law, and its implications.' Dennis Kurzon, University of Haifa, Israel
'… a worthwhile book. Several chapters deploy linguistics to shed light on legal problems in a way that could potentially be of real benefit to the law.' Geoffrey Sampson, LINGUIST List
'… I see this as a worthwhile book. Several chapters deploy linguistics to shed light on legal problems in a way that could potentially be of real benefit to the law …' Geoffrey Sampson, The LINGUIST List
About the Author
Janny H. C. Leung is Associate Professor of English at the University of Hong Kong. Her main research interest lies in interdisciplinary work between language and law, with a particular focus on bilingual and multilingual jurisdictions. Her recent books include Language and Law: A Resource Book for Students (2016), co-authored with Alan Durant, and a forthcoming monograph on multilingual jurisdictions. Alan Durant is Professor of Communication in the School of Law at Middlesex University, London. His recent books include Language and Law: A Resource Book for Students (2016), co-authored with Janny H. C. Leung, Language and Media: A Resource Book for Students (2009), co-authored with Marina Lambrou, and Meaning in the Media: Discourse, Controversy and Debate (Cambridge, 2010).
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