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Legal-Lay Discourse and Procedural Justice in Family and County Courts

Legal-Lay Discourse and Procedural Justice in Family and County Courts
Author: Tatiana Grieshofer
Publisher: Cambridge University Press
Total Pages: 139
Release: 2024-04-30
Genre: Language Arts & Disciplines
ISBN: 1009378007

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Focusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties – private family proceedings and small claims cases. Such proceedings present the main caseload of county and family courts, but pose immense challenges when it comes to legal-lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal-lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic linguistics. This title is also available as Open Access on Cambridge Core.


Legal-Lay Discourse and Procedural Justice in Family and County Courts

Legal-Lay Discourse and Procedural Justice in Family and County Courts
Author: Tatiana Grieshofer
Publisher:
Total Pages: 86
Release: 2024-05-03
Genre: Language Arts & Disciplines
ISBN: 1009378015

Download Legal-Lay Discourse and Procedural Justice in Family and County Courts Book in PDF, ePub and Kindle

Focusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties - private family proceedings and small claims cases. Such proceedings present the main caseload of county and family courts, but pose immense challenges when it comes to legal-lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal-lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic linguistics. This title is also available as Open Access on Cambridge Core.


The Language of Jury Trial

The Language of Jury Trial
Author: C. Heffer
Publisher: Springer
Total Pages: 269
Release: 2005-11-01
Genre: Language Arts & Disciplines
ISBN: 0230502881

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Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.


Language and Power in Court

Language and Power in Court
Author: J. Cotterill
Publisher: Springer
Total Pages: 245
Release: 2003-10-14
Genre: Language Arts & Disciplines
ISBN: 0230006019

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Sociolinguists and lawyers will find insight and relevance in this account of the language of the courtroom, as exemplified in the criminal trial of O.J. Simpson. 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. In addition to the trial transcripts, the book draws on Simpson's post-arrest interview, media reports and post-trial interviews with jurors. The result is a unique multi-dimensional insight into the 'Trial of the Century' from a linguistic and discursive perspective.


The Judicial Process in Comparative Perspective

The Judicial Process in Comparative Perspective
Author: Mauro Cappelletti
Publisher: Oxford University Press, USA
Total Pages: 464
Release: 1989
Genre: Business & Economics
ISBN:

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This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.


Exploring Courtroom Discourse

Exploring Courtroom Discourse
Author: Le Cheng
Publisher: Routledge
Total Pages: 286
Release: 2016-04-15
Genre: Law
ISBN: 1317137477

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This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels. The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.


Research Handbook on Family Justice Systems

Research Handbook on Family Justice Systems
Author: Mavis Maclean
Publisher: Edward Elgar Publishing
Total Pages: 447
Release: 2023-05-09
Genre: Law
ISBN: 1800881401

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Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.


Forensic Linguistics

Forensic Linguistics
Author: John Gibbons
Publisher: Wiley-Blackwell
Total Pages: 346
Release: 2003-01-31
Genre: Language Arts & Disciplines
ISBN: 9780631212461

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Forensic Linguistics is an introduction to the fascinating interface between language and the law. Provides an integrated and fully theorized understanding of language and law issues. Contains many helpful examples from genuine legal contexts and texts. Discusses linguistic sources of disadvantage before the law, particularly for ethnic minorities, children and abused women.


Why People Cooperate

Why People Cooperate
Author: Tom R. Tyler
Publisher: Princeton University Press
Total Pages: 228
Release: 2010-09-27
Genre: Psychology
ISBN: 1400836662

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Any organization's success depends upon the voluntary cooperation of its members. But what motivates people to cooperate? In Why People Cooperate, Tom Tyler challenges the decades-old notion that individuals within groups are primarily motivated by their self-interest. Instead, he demonstrates that human behaviors are influenced by shared attitudes, values, and identities that reflect social connections rather than material interests. Tyler examines employee cooperation in work organizations, resident cooperation with legal authorities responsible for social order in neighborhoods, and citizen cooperation with governmental authorities in political communities. He demonstrates that the main factors for achieving cooperation are socially driven, rather than instrumentally based on incentives or sanctions. Because of this, social motivations are critical when authorities attempt to secure voluntary cooperation from group members. Tyler also explains that two related aspects of group practices--the use of fair procedures when exercising authority and the belief by group members that authorities are benevolent and sincere--are crucial to the development of the attitudes, values, and identities that underlie cooperation. With widespread implications for the management of organizations, community regulation, and governance, Why People Cooperate illustrates the vital role that voluntary cooperation plays in the long-standing viability of groups.


The Politics of Informal Justice

The Politics of Informal Justice
Author: Richard L. Abel
Publisher: Elsevier
Total Pages: 349
Release: 2014-06-28
Genre: Business & Economics
ISBN: 1483297357

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The Politics of Informal Justice