Language and disadvantage before the law
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Diana Eades
Abstract
This chapter draws on sociolinguistic research to examine some social groups whose experience of disadvantage in the legal process is at least partly due to differences in language use: children, intellectually disabled people, Deaf people, and second dialect speakers and other minority group members. The legal contexts include police interviews, courtroom hearings, lawyer-client interviews and alternative legal processes. The chapter argues that it is impossible to address language and disadvantage in the law – whether through research or law reform – without an understanding of the politics of disadvantage, and the rights of people whose difference from the dominant society plays a significant role in their participation in the legal process.
Abstract
This chapter draws on sociolinguistic research to examine some social groups whose experience of disadvantage in the legal process is at least partly due to differences in language use: children, intellectually disabled people, Deaf people, and second dialect speakers and other minority group members. The legal contexts include police interviews, courtroom hearings, lawyer-client interviews and alternative legal processes. The chapter argues that it is impossible to address language and disadvantage in the law – whether through research or law reform – without an understanding of the politics of disadvantage, and the rights of people whose difference from the dominant society plays a significant role in their participation in the legal process.
Chapters in this book
- Prelim pages i
- Table of contents v
- Introduction 1
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Part I. The language of the law
- The nature of legal language 7
- Language education for law professionals 27
- The language and communication of jury instruction 47
- Policespeak 67
- Legal translation 95
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Part II. The language of the court
- Questioning in common law criminal courts 115
- Bilingual courtrooms: In the interests of justice? 131
- The silent witness: Pragmatic and literal interpretations 161
- Language and disadvantage before the law 179
- Interpreting for the minority 197
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Part III. Forensic linguistic evidence
- Approaching questions in forensic authorship analysis 215
- Trademarks and other proprietary terms 231
- Deception and fraud 249
- Plagiarism 265
- Contributors 301
- Language index 307
- Subject index 309
Chapters in this book
- Prelim pages i
- Table of contents v
- Introduction 1
-
Part I. The language of the law
- The nature of legal language 7
- Language education for law professionals 27
- The language and communication of jury instruction 47
- Policespeak 67
- Legal translation 95
-
Part II. The language of the court
- Questioning in common law criminal courts 115
- Bilingual courtrooms: In the interests of justice? 131
- The silent witness: Pragmatic and literal interpretations 161
- Language and disadvantage before the law 179
- Interpreting for the minority 197
-
Part III. Forensic linguistic evidence
- Approaching questions in forensic authorship analysis 215
- Trademarks and other proprietary terms 231
- Deception and fraud 249
- Plagiarism 265
- Contributors 301
- Language index 307
- Subject index 309
