Language and power in court cotterill janet dr. Language in the Legal Process 2019-03-21

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Language and Power in Court : J. Cotterill : 9780333969014

language and power in court cotterill janet dr

Chicago, Illinois: University of Chicago Press. And even the most skilful speaker cannot monopolise the power of language. Stygall The Language and Law of Product Warnings; P. In the new phase of democratic orientation, we may directly observe the complex relation in which political power stands to the conflict over linguistic-cultural hegemony. Speech about women is analyzed with regard to lady : woman, master : mistress, widow : widower, and Mr : Mrs. She continues to be an active and highly respected figure in the field.

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Language in the Legal Process

language and power in court cotterill janet dr

Apart from the specific effects of individual types of indexes, in closing arguments metapragmatic indexes basically function signaling that the social actor and the practice they are engaged in rightfully belong to the social field of the law. Thus, the first step must be a clarification of the cognitive dimensions of racism. In sum, I show that through the use of these subtle linguistic tools, lawyers for opposing sides create contrasting representations of the same individuals so that they serve the lawyers' goals. The trial is examined as the site of linguistic power and persuasion, focusing on the role of language in re presenting and re constructing the crime. He acquires competencies to act and to make himself understood; in a word, he not only learns to interpret his world, but he also receives his world through and as language. Texts and Practices: Readings in Critical DiscourseAnalysis.

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Cotterill, J (2003) Language and Power in Court: a linguistic analysis of the OJ Simpson trial. Basingstoke: Palgrave Macmilan

language and power in court cotterill janet dr

Aboriginal Witnesses in Queensland's Criminal Courts. This science now speaks with the highest, universally binding authority, world-wide and about everything in the world. Everything that he latter thinks and decides can be analysed and interpreted by his understanding, but finally he must always reach back to the level of his natural language. Although the findings show a strong preference for the use of Niuean, the interviewer and the majority of her participants use both labels. Sooner or later, the language of myth presses beyond itself to logos: that is, to word and reason, the language of reason, reasonable and accountable speech. This is the first full linguistic analysis of the trial, drawing on the official trial transcripts, police interviews with Simpson and media coverage of the case.

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Language and Power in Court

language and power in court cotterill janet dr

The article further shows that language ideologies can have much wider consequences beyond the courtroom. Witnesses can be vulnerable during questioning in the justice context for a number of reasons, including psychological, developmental, environmental and cultural issues. And regardless of how rhetorically skilled the speaker may be, in the end he inevitably places his words, as language, under discussion. The personal identity of women thus is linguistically submerged; the language works against treatment of women, as serious persons with individual views. Language and gender, language and race, nonsexist language, gender-based language reform, neutral generics, discourse analysis Homeless persons are still amongst the most criminalised of all population groups in Australia - Queensland is one jurisdiction to retain offences that are directly and specifically targeted at homeless persons - offence of vagrancy is a source of grave injustice - commonly cited reasons for the retention of the offence of vagrancy on modern statute books - arguments in favour of the repeal of the offence of vagrancy - misuse of the offence by the police - offends accepted standards of fairness - contravenes a number of international covenants to which Australia is a party.

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Language And Power In Court

language and power in court cotterill janet dr

Finally, we consider difficulties faced by those judging the voluntariness or truthfulness of minority suspect confessions. On the one hand, that language and speaking must be distinguished in the exercise of power. Further, the article highlights how witness silencing in these cases appears to occur particularly in situations where legal professionals are seriously ignorant about fundamental aspects of the everyday cultural values and practices of Aboriginal people. The usefulness of intermediaries for vulnerable defendants is examined and the ways in which intermediaries understand their professional identity when working with defendants is explored. In addition to the trial transcripts, the book draws on Simpson's post-arrest interview, media reports and post-trial interviews with jurors. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women. Language is not merely a instrument in the hands of power, but also always a counter-power which cannot be restricted and repressed.

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The Power of Language

language and power in court cotterill janet dr

In multilingual contexts, problematic constellations regularly arise from the fact that one language is elevated to the status of the official language and so the language of the elites and the powerful, while other languages are relegated to a lower status and discriminated against. Rather, they are used in ways that maintain sexist stereotypes and distinctions. Otherness must be enacted in court, and to this end attorneys often actively disaffiliate themselves from their clients, marking them as impenetrable, mute, and unemancipated. Solan Understanding the Other: A Case of Mis-Interpreting Culture-Specific Utterances at Alternative Dispute Resolution; R. Since ursurpatious and violent rule as well as legitimate rule must ultimately rely on the power of language in order to be exercised, to command and to assert itself, precisely language is the vulnerable spot of the commanding power. Simpson trial Author: Janet Cotterill Publisher: Houndmills, Basingstoke, Hampshire ; New York : Palgrave Macmillan, 2003. A great deal has been written about the ways in which lawyers' questioning strategies, particularly during cross-examination, may be considered coercive and intimidating for witnesses, even potentially contributing to the wrongful acquittal of guilty defendants.

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Language and Power in Court

language and power in court cotterill janet dr

Drawing on research on police interviews, lawyer interviews and courtroom talk, the article examines issues such as consistency and inconsistency, and the role of questions in shaping a person's story. How well can people recognize a voice on tape? A comparable dialectic may also be found where language serves not repression and compulsion, but rather founds, illuminates and corroborates comprehensive and cosmological meaning in aesthetically pleasing, well thought-out forms. What is here meant in general is that all power must finally use language, be conveyed through it and manifested in it, to command, that is, to speak, where others must only hear and obey. Revealing here can be the contrast between post-colonial contexts and the situation in Eastern Europe, where in 1989 not only a phase of Soviet political predominance came to an end, but also an epoch of cultural and political influence. Invented and Concealed Dialogue in Written Records of Verbal Evidence Produced by the Police; M. Some suggestions and conclusions are offered for those working in the women's liberation movement and other kinds of social reform; second language teaching; and theoretical linguistics.

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Language and Power in Court

language and power in court cotterill janet dr

Your reading intentions are private to you and will not be shown to other users. In exploring these issues, the author argues that changing the nature of contemporary relations between Aboriginal people and the police is key to altering Aboriginal over-representation in the criminal justice system, and a step towards the advancement of human rights. It draws on three types of evidence: published research, specific cases, and communication with Aboriginal people, lawyers, judges and magistrates. More specifically, we examine uses of neutral generics such as chairperson, spokesperson; singular they; he or she; and neutral titles such as Ms. Using a case study approach, it examines the use of intermediaries in England and Wales with child witnesses, from the initial communication assessment prior to a police interview, through to oral testimony at court. Janet Cotterill analyses the language and discourse of the trial, exploring some of the linguistic strategies employed by the judge, lawyers and witnesses in the re construction and re presentation of the crimes, their victims and alleged perpetrator. And again in a double sense: on the one hand, an individual becomes an individual by participating, in his innermost core, in a language; and on the other, through language he acquires membership in a culture and a group.

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