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"Communication in law"
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Frameworks for Discursive Actions and Practices of the Law
This volume provides descriptive and interpretive insights into the 'living' usage of language and other semiotic modes in building and performing the law across academic, professional and institutional contexts, where issues arise from the meaning and function of legal texts, discourse and genre in constituting and enabling conventions, albeit dynamically, and account for the socially and (inter)culturally influenced forms of discursive actions and practices. The twenty contributions included here weave significant contexts and situations for legal discourse and practice into a tight thread, and justify selected topic areas through a variety of approaches, frameworks, methodologies, and procedures. As such, this publication is multidimensional and multiperspectival in its design and implementation of key issues confronting discursive actions and practices of the law, and provides an invaluable resource for academics in a wider range of disciplines, including linguistics, applied linguistics and communication studies. It will also be of interest to students of interdisciplinary discourse analysis.
eBook
Being Heard
Public speaking is a skill that can be learned, just like any other skill such as writing, playing an instrument, a sport or being a chef. A quick and easy read, this book provides you with the basic and advance techniques, and insider knowledge, you need to improve your presentations, whether in or out of court.
eBook
Creating language crimes : how law enforcement uses (and misuses) language
This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. Twelve actual criminal case studies are used as examples. These strategies creating illusion of guilt include the apparently deliberate use of semantic ambiguity, blocking the targets’ words (by creating static on the tape, interrupting them, speaking on their behalf, and manipulating the off/on switch); rapidly changing the subject before targets can respond (the “hit and run” strategy); contaminating the tape with irrelevant information that can make targets appear to be guilty; camouflaging illegality by making actions appear to be legal; isolating targets from important information that they need in order to make informed choices; inaccurately restating things the target has said; withholding crucial information from targets; lying to targets about critical information; and scripting targets in what to say on tape. These conversational strategies gain power from the fact that the targets do not know that they are being recorded, and often let things go right by them during the discourse. Nor do they know that the real audience of the conversations consists of later jury listeners, who do not know the full context of these conversations. Unlike everyday, unrecorded conversation, the most critical listening takes place at a future time and under very different circumstances. It is shown that undercover officers and their cooperating witnesses make use of essentially the same conversational strategies.
eBook
Interpreter-mediated police interviews
\"This book shows how the participation of interpreters as mediators changes the dynamics of police interviews, particularly with regard to power struggles and competing versions of events. Employing a range of approaches including conversation analysis, interactional sociolinguistics and legal narrative theory, Interpreter-mediated Police Interviews provides a detailed study of the impact of interpreter mediation on this area of the justice system. It reveals how turn-by-turn decisions of communication by all three participants, including the interpreter, affect the trajectory of the institutional discourse. By providing a better understanding of police interview discourse and exploring the practical implications of interpreter participation, this book contributes to the improvement of interpreter-mediated investigative interviews and will be of great interest to legal professionals as well as interpreters and their trainers\"-- Provided by publisher.
BOOK
Contractual communication
In 'Pseudo-contract and shared meaning analysis', Professors Robin Bradley Kar and Margaret Jane Radin develop an important theory of the nature of contract that draws on Paul Grice's influential theory of meaning (see: Robin Bradley Kar and Margaret Jane Radin, 'Pseudo-contract and shared meaning analysis', 132 Harvard Law Review 1135 (2019)). That theory has significant implications for contract doctrine, especially for questions about the enforceability of socalled \"contracts of adhesion\" in particular and for \"boilerplate\" in general. But at the most fundamental level, Kar and Radin's work is about the nature of contractual communication. They answer the question: How do contracts mean? Their answer proposes a theoretical structure, which they name \"shared meaning analysis.\" This response focuses on \"contractual communication\": it interrogates the philosophical and linguistic presuppositions of shared meaning analysis and offers, in embryonic form, a rival view.
Journal Article
Legal Writing
\"Effective legal writing calls not only for artistry but also for scientific understanding. Legal wordsmiths turned words and phrases into finely tuned aphorisms, just as van Gogh and Matisse turned blank canvases into brilliant combinations of color and light. Unlike most forms of art, however, effective legal writing serves primarily to explain and persuade. You cannot easily explain or persuade without considering how your intended audience will process your words. Thinking about the intended reader is natural. Is your brief going to a court overwhelmed by filings? Is the assigned judge likely to read the brief once or to reread it many times? Are opinions by the assigned judge long or short?\"--.
eBook