219-7677 10 7500817 John Benjamins Publishing Company Marketing Department / Karin Plijnaar, Pieter Lamers onix@benjamins.nl 201608250411 ONIX title feed eng 01 EUR
21007260 03 01 01 JB John Benjamins Publishing Company 01 JB code AALS 5 Eb 15 9789027291158 06 10.1075/aals.5 13 2008030303 DG 002 02 01 AALS 02 1875-1113 AILA Applied Linguistics Series 5 <TitleType>01</TitleType> <TitleText textformat="02">Dimensions of Forensic Linguistics</TitleText> 01 aals.5 01 https://benjamins.com 02 https://benjamins.com/catalog/aals.5 1 B01 John Gibbons Gibbons, John John Gibbons University of Western Sydney 2 B01 M. Teresa Turell Turell, M. Teresa M. Teresa Turell Universitat Pompeu Fabra, Barcelona 01 eng 324 vi 316 LAN009000 v.2006 CFG 2 24 JB Subject Scheme LIN.APPL Applied linguistics 24 JB Subject Scheme LIN.DISC Discourse studies 24 JB Subject Scheme LIN.FOR Forensic & legal linguistics 24 JB Subject Scheme LIN.PRAG Pragmatics 24 JB Subject Scheme LIN.SOCIO Sociolinguistics and Dialectology 06 01 This volume functions as a guide to the multidisciplinary nature of Forensic Linguistics understood in its broadest sense as the interface between language and the law. It seeks to address the links in this relatively young field between theory, method and data, without neglecting the need for new research questions in the field. Perhaps the most striking feature of this collection is its range, strikingly illustrating the multi-dimensionality of Forensic Linguistics. All of the contributions share a preoccupation with the painstaking linguistic work involved, using and interpreting data in a restrained and reasoned way. 05 This is an interesting and timely volume as the number of students of Forensic Linguistics is rapidly expanding and there is a shortage of easily accessible supplementary readings. The spread of topic, language of the examples and country of origin of the authors all add to the attractiveness of the volume. Professor Malcolm Coulthard, Centre for Forensic Linguistics, Aston University 05 The overall impression is that the editors of this volume have brought together a well-balanced selection of papers, ranging across a variety of genres and contexts of production. Furthermore, the professional expertise displayed by some of the contributors adds further nuance to the investigation of the subject. The volume provides valuable insights into this emerging discipline and it is clearly of interest for all practitioners in the field, such as teachers, students and professionals. Patrizia Anesa, University of Verona, in Hermes 43 05 The overall impression is that the editors of this volume have brought together a well-balanced section of papers, ranging across a variety of genres and contexts of production. Furthermore, the professional expertise displayed by some of the contributors adds further nuance to the investigation of the subject. The volume provides valuable insights into this emerging discipline and it is clearly of interest for all practitioners in the field, such as teachers, students and professionals. Patrizia Anesa, in Hermes 43: 295-298 05 The 'dimensions' of the title of this book, then, are amply met. The chapters are substantially wider that the scope of the earlier textbooks on forensic linguistics, and re-anchor forensic linguistics in a new set of parameters, where linguistics, as the scientific study of language, is brought to bear in fresh ways on the work of language in the law. Roland Sussex, in SQL Review of Books 50: 60-62, 2011 04 09 01 https://benjamins.com/covers/475/aals.5.png 04 03 01 https://benjamins.com/covers/475_jpg/9789027205216.jpg 04 03 01 https://benjamins.com/covers/475_tif/9789027205216.tif 06 09 01 https://benjamins.com/covers/1200_front/aals.5.hb.png 07 09 01 https://benjamins.com/covers/125/aals.5.png 25 09 01 https://benjamins.com/covers/1200_back/aals.5.hb.png 27 09 01 https://benjamins.com/covers/3d_web/aals.5.hb.png 10 01 JB code aals.5.01gib 1 4 4 Miscellaneous 1 <TitleType>01</TitleType> <TitleText textformat="02">Introduction</TitleText> 1 A01 John Gibbons Gibbons, John John Gibbons 2 A01 M. Teresa Turell Turell, M. Teresa M. Teresa Turell 10 01 JB code aals.5.02par Section header 2 <TitleType>01</TitleType> <TitleText textformat="02">Part I. The language of the law</TitleText> 10 01 JB code aals.5.03tie 7 25 19 Article 3 <TitleType>01</TitleType> <TitleText textformat="02">The nature of legal language</TitleText> <TitlePrefix>The </TitlePrefix> <TitleWithoutPrefix textformat="02">nature of legal language</TitleWithoutPrefix> 1 A01 Peter Tiersma Tiersma, Peter Peter Tiersma Loyola Law School, Los Angeles 01 Legal languages are inevitably products of the history of the nation or state in which they are used, as well as the peculiar developments of the legal system in question. In terms of features, they tend to be characterized by minor differences in spelling, pronunciation, and orthography; long and complex sentences, often containing conjoined phrases or lists, as well as passive and nominal constructions; and a large and distinct lexicon. The profession has developed distinct traditions on how its language should be interpreted. In terms of style, the language of the law is often archaic, formal, impersonal, and wordy or redundant. And it can be relatively precise, or quite general or vague, depending on the strategic objectives of the drafter. 10 01 JB code aals.5.04nor 27 46 20 Article 4 <TitleType>01</TitleType> <TitleText textformat="02">Language education for law professionals</TitleText> 1 A01 Jill Northcott Northcott, Jill Jill Northcott Institute for Applied Language Studies, University of Edinburgh 01 Increasing globalisation has led to English becoming the lingua franca of international legal practice requiring L2 legal professionals to develop high level skills in English thus creating significant challenges for language educators who may not have a background in law. This article provides an overview of language education for L2 legal professionals. Developments and practice in English for Legal Purposes (ELP) viewed within English for Specific Purposes (ESP) are presented to provide a model focusing on the interrelated dimensions of learner context, methodology and teacher background. I acknowledge the contribution of genre studies in providing pedagogical descriptions of written legal language and stress the need for further ethnographic investigation to identify and describe relevant oral legal genres. 10 01 JB code aals.5.05hef 47 65 19 Article 5 <TitleType>01</TitleType> <TitleText textformat="02">The language and communication of jury instruction</TitleText> <TitlePrefix>The </TitlePrefix> <TitleWithoutPrefix textformat="02">language and communication of jury instruction</TitleWithoutPrefix> 1 A01 Chris Heffer Heffer, Chris Chris Heffer Cardiff University 01 Systems of justice based on lay juries are meant to ensure a close link between the law and the community it serves: jurors represent the values of the community and these are fed back into the legal system. However, juries can only arrive at legally fair decisions if they have managed to understand and apply the law relating to the case. Yet legal systems in common law countries have paid scant attention to whether legal instructions delivered by the judge are actually conveyed effectively to the jury. This chapter considers the process of jury instruction from linguistic and communicational perspectives. It draws a key distinction between ‘jury instructions’, or the legal texts produced by judicial committees and delivered by judges, and ‘jury instruction’, or the process of communicating the relevant law to a specific jury in the context of a specifictrial. While the comprehension of specific instructions can be improved by rewriting them in plain English, the overall process of instruction requires much more radical revision if we want to ensure that lay juries will bring in true and just verdicts which reflect both the law and the values of the community. 10 01 JB code aals.5.06hal 67 94 28 Article 6 <TitleType>01</TitleType> <TitleText textformat="02">Policespeak</TitleText> 1 A01 Phil Hall Hall, Phil Phil Hall Appen Speech and Language Technology and Macquarie University, Sydney 01 This chapter focuses on the spoken language of police communication or “policespeak”. It examines a number of the readily recognisable clichés and formulaic expressions that are widely regarded as characteristic of policespeak. It also looks at some facets of police work which promote specific behaviours which are less overtly characteristic of policespeak but are nonetheless strongly motivated by the demands of their contexts of use. The final portion of the chapter shows how policespeak is used as means of accommodation by interactants who are not police officers. In addressing policespeak from these various angles, the chapter attempts where possible and practical to address the contextual factors motivating the observed behaviours. 10 01 JB code aals.5.07alc 95 111 17 Article 7 <TitleType>01</TitleType> <TitleText textformat="02">Legal translation</TitleText> 1 A01 Enrique Alcaraz Varó Alcaraz Varó, Enrique Enrique Alcaraz Varó Universidad de Alicante 01 This paper tries to discuss some of the problems arising in the translation of legal English. In most analyses of legal translation, vocabulary (and terminology) has justifiably received most attention, as lexis fulfills the symbolic or representational function of language better than any other linguistic component. Although this article examines some problems in the translation of legal vocabulary, especially through the concept of anisomorphism, it makes an attempt to deal with the snags of syntax in legal translation, by means of the concept of anfractuosity, particularly in repetition, thematisation, passivissation and nominalisation. 10 01 JB code aals.5.08par Section header 8 <TitleType>01</TitleType> <TitleText textformat="02">Part II. The language of the court</TitleText> 10 01 JB code aals.5.09gib 115 130 16 Article 9 <TitleType>01</TitleType> <TitleText textformat="02">Questioning in common law criminal courts</TitleText> 1 A01 John Gibbons Gibbons, John John Gibbons University of Western Sydney 01 Questions in everyday discourse consist of a situated exchange in which the questioner and answerer are in a roughly symmetrical relationship in which each is entitled to request information from the other. Questioners typically do not have the information that they are requesting. The answerer is not obliged to answer, but there is a normal Gricean expectation that the answer will provide the information requested. Courtroom questioning differs markedly, in that lawyers usually have a particular version of events in mind that they are attempting to confirm with the witness. Usually witnesses are compelled to answer, and do not have the right to ask questions. Therefore courtroom questions differ from everyday questions in both their social and their information characteristics. <br />These differences mean that courtroom questions are different from everyday questions along a range of linguistic parameters. At the overall narrative or spoken text level, the lawyer is constructing a version of events element by element – neither he nor the witness normally provides a full narrative during the interaction. At the exchange level, normally only the lawyer asks questions, and only the witness answers questions – an asymmetrical pattern – and evaluative lawyer third parts are common. At the level of question structure, coercive grammatical forms are strongly over-represented when compared to everyday conversation. 10 01 JB code aals.5.10pow 131 159 29 Article 10 <TitleType>01</TitleType> <TitleText textformat="02">Bilingual courtrooms: In the interests of justice?</TitleText> 1 A01 Richard Powell Powell, Richard Richard Powell Nihon University, Tokyo 01 Bilingual courtrooms are generally associated with the use of interpreted oral testimony to support monolingual judicial proceedings. Yet several postcolonial jurisdictions accord <i>de jure </i>or <i>de facto </i>standing to more than one language in court. The most studied is Malaysia, but the literature is far from exhaustive. Further research is to be encouraged because the way different legal systems accommodate bilingualism throws light on many questions central to forensic linguistics, including language rights, language planning in legal domains, cultural disadvantage before the law, genre-based communication strategies, and transparency of legal processes. This chapter reviews current evidence of and research into bilingual courtrooms and discusses the problems and potential benefits of including data on bilingual discourse in debates about language and justice. 10 01 JB code aals.5.11kur 161 178 18 Article 11 <TitleType>01</TitleType> <TitleText textformat="02">The silent witness: Pragmatic and literal interpretations</TitleText> <TitlePrefix>The </TitlePrefix> <TitleWithoutPrefix textformat="02">silent witness: Pragmatic and literal interpretations</TitleWithoutPrefix> 1 A01 Dennis Kurzon Kurzon, Dennis Dennis Kurzon University of Haifa 01 The Israeli Supreme Court has changed its decisions several times concerning the evidence of the silent witness in criminal cases, focusing on the interpretation of section 10a of the 1971 Evidence Ordinance – whether or not to admit as testimony what the witness has told the police if the witness is silent on the stand. The article will analyze the judicial opinions of the majority and minority sides of the bench in the 1991 <i>Haj Yehia </i>case. The majority opinion, which decided to accept such out-of-court evidence, may be considered to be pragmatic: meaning derives both from the words and from the purpose of the text. The approach of the minority derives from a more literal interpretation of the law. 10 01 JB code aals.5.12ead 179 195 17 Article 12 <TitleType>01</TitleType> <TitleText textformat="02">Language and disadvantage before the law</TitleText> 1 A01 Diana Eades Eades, Diana Diana Eades University of New England, Australia 01 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. 10 01 JB code aals.5.13leu 197 211 15 Article 13 <TitleType>01</TitleType> <TitleText textformat="02">Interpreting for the minority</TitleText> 1 A01 Ester S.M. Leung Leung, Ester S.M. Ester S.M. Leung Hong Kong Baptist University 01 Legal interpreting is more than a service provided to linguistic minorities who do not speak Cantonese (the majority language in Hong Kong), sometimes English interpreting is also a mechanism and establishment to maintain control, by retaining former colonial practices. Despite expectation of change in the legal field in Hong Kong after it was handed back to Mainland China, this study reveals that legal interpreting as a means of providing the linguistic human right to have access to court is a myth that is perpetuated in the still intellectually colonized city. 10 01 JB code aals.5.14par Section header 14 <TitleType>01</TitleType> <TitleText textformat="02">Part III. Forensic linguistic evidence</TitleText> 10 01 JB code aals.5.15gra 215 229 15 Article 15 <TitleType>01</TitleType> <TitleText textformat="02">Approaching questions in forensic authorship analysis</TitleText> 1 A01 Tim Grant Grant, Tim Tim Grant Centre for Forensic Linguistics, Aston University 01 This chapter demonstrates diversity in the activity of authorship and the corresponding diversity of forensic authorship analysis questions and techniques. Authorship is discussed in terms of Love’s (2002) multifunctional description of precursory, executive, declarative and revisionary authorship activities and the implications of this distinction for forensic problem solving. Four different authorship questions are considered. These are ‘How was the text produced?’, ‘How many people wrote the text?’, ‘What kind of person wrote the text?’ and ‘What is the relationship of a queried text with comparison texts?’ Different approaches to forensic authorship analysis are discussed in terms of their appropriateness to answering different authorship questions. The conclusion drawn is that no one technique will ever be appropriate to all problems. 10 01 JB code aals.5.16but 231 247 17 Article 16 <TitleType>01</TitleType> <TitleText textformat="02">Trademarks and other proprietary terms</TitleText> 1 A01 Ronald R. Butters Butters, Ronald R. Ronald R. Butters Duke University, Durham, North Carolina 01 Especially in North America, trademark litigation constitutes a prominent area of applied linguistics. As legal consultants, linguists bring their professional expertise to bear upon three issues: (1) <b>likelihood of confusion </b>of two marks; (2) categorization of the <b>strength of a mark </b>with respect to its place on a continuum of semantic/pragmatic categories technically labeled “generic,” “descriptive,” “suggestive,” “fanciful,” and “arbitrary”; and (3) <b>propriety of a mark</b>, that is, whether it is “scandalous,” or “disparaging.” Consulting linguists typically write descriptive reports that analyze the linguistic facts underlying the issues of particular cases – sometimes in rebuttal to other linguists’ reports. Often, linguists are also called upon to give sworn testimony based upon the reports they have prepared. 10 01 JB code aals.5.17egg 249 264 16 Article 17 <TitleType>01</TitleType> <TitleText textformat="02">Deception and fraud</TitleText> 1 A01 William Eggington Eggington, William William Eggington Brigham Young University, Utah 01 This chapter attempts to explore the following multipart research question: What, if anything, can linguistics and linguists offer: (1) in defining deception and fraud, (2) in detecting deception and fraud, and (3) in providing assistance to the various entities involved in legal systems with respect to the nature and detection of deception and fraud? After defining deception and fraud from lay, linguistics and legal perspectives, we explore the linguistic elements of the Nigerian Advanced Fee Fraud in order to see how linguistic knowledge can be used to detect deceptive language. We then critique research aimed at using linguistics to detect deception in real-time contexts. We conclude by offering ways linguistic science can be legitimately employed to uncover deceptive and fraudulent language. 10 01 JB code aals.5.18tur 265 299 35 Article 18 <TitleType>01</TitleType> <TitleText textformat="02">Plagiarism</TitleText> 1 A01 M. Teresa Turell Turell, M. Teresa M. Teresa Turell Institut Universitari de Lingüística Aplicada, Universitat Pompeu Fabra, Barcelona 01 The negative connotations of plagiarism as an illegal appropriation of ideas are based on the concept of Intellectual Property. Although Intellectual Property Laws in most countries around the world are specific as to the characterisation of plagiarism as an offence, the extent of plagiarism litigation varies enormously and this variation has a lot to do with the way writers, whose texts are plagiarised, and plagiarists themselves, view the act of being plagiarised or the act of plagiarising somebody else’s text. In countries which fall within the Common Law tradition such as the United Sates, Australia, Canada, Great Britain, plagiarism litigation is extensive and there is a regular offer of linguistic expertise to solve plagiarism disputes. In countries within the Civil Law tradition, like Spain, for example, linguists are still rarely called upon as expert witnesses in plagiarism cases.<br />Plagiarism is multidimensional, as is proved in the number of areas of knowledge affected by it (including literature in all its forms: essay, novel, theatre, poetry), the settings and activities in which it occurs (education, translation), and the contexts in which it is produced (for example, the scope of plagiarism on the Internet is twofold since one can plagiarise directly from the web or use the web as a method to detect plagiarism). As expert witnesses, linguists are frequently asked to give evidence in court to help to decide cases of plagiarism of ideas, linguistic plagiarism, or both. In the first case, the distinction between <i>author’s rights </i>and <i>copyright </i>may be useful, because these two concepts and terms are used differently in different judicial systems. In the second case, it may be important for linguists to come up with theoretical and methodological proposals that help them as legal consultants to find linguistic markers and discourse strategies that will be decisive in plagiarism detection, as well as in establishing <i>prima facie </i>cases. As in any other forensic linguistics contexts, plagiarism is an area where the need to incorporate internal and external validity to the experts’ findings is strongly felt. When giving opinions in court, it has been proven that both qualitative and quantitative approaches to plagiarism detection are valid and complementary, and also that both semantically and statistically expressed opinions may be necessary. 10 01 JB code aals.5.19con 301 306 6 Miscellaneous 19 <TitleType>01</TitleType> <TitleText textformat="02">Contributors</TitleText> 10 01 JB code aals.5.20lan 307 1 Miscellaneous 20 <TitleType>01</TitleType> <TitleText textformat="02">Language index</TitleText> 10 01 JB code aals.5.21sub 309 316 8 Miscellaneous 21 <TitleType>01</TitleType> <TitleText textformat="02">Subject index</TitleText> 02 JBENJAMINS John Benjamins Publishing Company 01 John Benjamins Publishing Company Amsterdam/Philadelphia NL 04 20081121 2008 John Benjamins 02 WORLD 13 15 9789027205216 01 JB 3 John Benjamins e-Platform 03 jbe-platform.com 09 WORLD 21 01 00 99.00 EUR R 01 00 83.00 GBP Z 01 gen 00 149.00 USD S 690007259 03 01 01 JB John Benjamins Publishing Company 01 JB code AALS 5 Hb 15 9789027205216 13 2008030303 BB 01 AALS 02 1875-1113 AILA Applied Linguistics Series 5 <TitleType>01</TitleType> <TitleText textformat="02">Dimensions of Forensic Linguistics</TitleText> 01 aals.5 01 https://benjamins.com 02 https://benjamins.com/catalog/aals.5 1 B01 John Gibbons Gibbons, John John Gibbons University of Western Sydney 2 B01 M. Teresa Turell Turell, M. Teresa M. Teresa Turell Universitat Pompeu Fabra, Barcelona 01 eng 324 vi 316 LAN009000 v.2006 CFG 2 24 JB Subject Scheme LIN.APPL Applied linguistics 24 JB Subject Scheme LIN.DISC Discourse studies 24 JB Subject Scheme LIN.FOR Forensic & legal linguistics 24 JB Subject Scheme LIN.PRAG Pragmatics 24 JB Subject Scheme LIN.SOCIO Sociolinguistics and Dialectology 06 01 This volume functions as a guide to the multidisciplinary nature of Forensic Linguistics understood in its broadest sense as the interface between language and the law. It seeks to address the links in this relatively young field between theory, method and data, without neglecting the need for new research questions in the field. Perhaps the most striking feature of this collection is its range, strikingly illustrating the multi-dimensionality of Forensic Linguistics. All of the contributions share a preoccupation with the painstaking linguistic work involved, using and interpreting data in a restrained and reasoned way. 05 This is an interesting and timely volume as the number of students of Forensic Linguistics is rapidly expanding and there is a shortage of easily accessible supplementary readings. The spread of topic, language of the examples and country of origin of the authors all add to the attractiveness of the volume. Professor Malcolm Coulthard, Centre for Forensic Linguistics, Aston University 05 The overall impression is that the editors of this volume have brought together a well-balanced selection of papers, ranging across a variety of genres and contexts of production. Furthermore, the professional expertise displayed by some of the contributors adds further nuance to the investigation of the subject. The volume provides valuable insights into this emerging discipline and it is clearly of interest for all practitioners in the field, such as teachers, students and professionals. Patrizia Anesa, University of Verona, in Hermes 43 05 The overall impression is that the editors of this volume have brought together a well-balanced section of papers, ranging across a variety of genres and contexts of production. Furthermore, the professional expertise displayed by some of the contributors adds further nuance to the investigation of the subject. The volume provides valuable insights into this emerging discipline and it is clearly of interest for all practitioners in the field, such as teachers, students and professionals. Patrizia Anesa, in Hermes 43: 295-298 05 The 'dimensions' of the title of this book, then, are amply met. The chapters are substantially wider that the scope of the earlier textbooks on forensic linguistics, and re-anchor forensic linguistics in a new set of parameters, where linguistics, as the scientific study of language, is brought to bear in fresh ways on the work of language in the law. Roland Sussex, in SQL Review of Books 50: 60-62, 2011 04 09 01 https://benjamins.com/covers/475/aals.5.png 04 03 01 https://benjamins.com/covers/475_jpg/9789027205216.jpg 04 03 01 https://benjamins.com/covers/475_tif/9789027205216.tif 06 09 01 https://benjamins.com/covers/1200_front/aals.5.hb.png 07 09 01 https://benjamins.com/covers/125/aals.5.png 25 09 01 https://benjamins.com/covers/1200_back/aals.5.hb.png 27 09 01 https://benjamins.com/covers/3d_web/aals.5.hb.png 10 01 JB code aals.5.01gib 1 4 4 Miscellaneous 1 <TitleType>01</TitleType> <TitleText textformat="02">Introduction</TitleText> 1 A01 John Gibbons Gibbons, John John Gibbons 2 A01 M. Teresa Turell Turell, M. Teresa M. Teresa Turell 10 01 JB code aals.5.02par Section header 2 <TitleType>01</TitleType> <TitleText textformat="02">Part I. The language of the law</TitleText> 10 01 JB code aals.5.03tie 7 25 19 Article 3 <TitleType>01</TitleType> <TitleText textformat="02">The nature of legal language</TitleText> <TitlePrefix>The </TitlePrefix> <TitleWithoutPrefix textformat="02">nature of legal language</TitleWithoutPrefix> 1 A01 Peter Tiersma Tiersma, Peter Peter Tiersma Loyola Law School, Los Angeles 01 Legal languages are inevitably products of the history of the nation or state in which they are used, as well as the peculiar developments of the legal system in question. In terms of features, they tend to be characterized by minor differences in spelling, pronunciation, and orthography; long and complex sentences, often containing conjoined phrases or lists, as well as passive and nominal constructions; and a large and distinct lexicon. The profession has developed distinct traditions on how its language should be interpreted. In terms of style, the language of the law is often archaic, formal, impersonal, and wordy or redundant. And it can be relatively precise, or quite general or vague, depending on the strategic objectives of the drafter. 10 01 JB code aals.5.04nor 27 46 20 Article 4 <TitleType>01</TitleType> <TitleText textformat="02">Language education for law professionals</TitleText> 1 A01 Jill Northcott Northcott, Jill Jill Northcott Institute for Applied Language Studies, University of Edinburgh 01 Increasing globalisation has led to English becoming the lingua franca of international legal practice requiring L2 legal professionals to develop high level skills in English thus creating significant challenges for language educators who may not have a background in law. This article provides an overview of language education for L2 legal professionals. Developments and practice in English for Legal Purposes (ELP) viewed within English for Specific Purposes (ESP) are presented to provide a model focusing on the interrelated dimensions of learner context, methodology and teacher background. I acknowledge the contribution of genre studies in providing pedagogical descriptions of written legal language and stress the need for further ethnographic investigation to identify and describe relevant oral legal genres. 10 01 JB code aals.5.05hef 47 65 19 Article 5 <TitleType>01</TitleType> <TitleText textformat="02">The language and communication of jury instruction</TitleText> <TitlePrefix>The </TitlePrefix> <TitleWithoutPrefix textformat="02">language and communication of jury instruction</TitleWithoutPrefix> 1 A01 Chris Heffer Heffer, Chris Chris Heffer Cardiff University 01 Systems of justice based on lay juries are meant to ensure a close link between the law and the community it serves: jurors represent the values of the community and these are fed back into the legal system. However, juries can only arrive at legally fair decisions if they have managed to understand and apply the law relating to the case. Yet legal systems in common law countries have paid scant attention to whether legal instructions delivered by the judge are actually conveyed effectively to the jury. This chapter considers the process of jury instruction from linguistic and communicational perspectives. It draws a key distinction between ‘jury instructions’, or the legal texts produced by judicial committees and delivered by judges, and ‘jury instruction’, or the process of communicating the relevant law to a specific jury in the context of a specifictrial. While the comprehension of specific instructions can be improved by rewriting them in plain English, the overall process of instruction requires much more radical revision if we want to ensure that lay juries will bring in true and just verdicts which reflect both the law and the values of the community. 10 01 JB code aals.5.06hal 67 94 28 Article 6 <TitleType>01</TitleType> <TitleText textformat="02">Policespeak</TitleText> 1 A01 Phil Hall Hall, Phil Phil Hall Appen Speech and Language Technology and Macquarie University, Sydney 01 This chapter focuses on the spoken language of police communication or “policespeak”. It examines a number of the readily recognisable clichés and formulaic expressions that are widely regarded as characteristic of policespeak. It also looks at some facets of police work which promote specific behaviours which are less overtly characteristic of policespeak but are nonetheless strongly motivated by the demands of their contexts of use. The final portion of the chapter shows how policespeak is used as means of accommodation by interactants who are not police officers. In addressing policespeak from these various angles, the chapter attempts where possible and practical to address the contextual factors motivating the observed behaviours. 10 01 JB code aals.5.07alc 95 111 17 Article 7 <TitleType>01</TitleType> <TitleText textformat="02">Legal translation</TitleText> 1 A01 Enrique Alcaraz Varó Alcaraz Varó, Enrique Enrique Alcaraz Varó Universidad de Alicante 01 This paper tries to discuss some of the problems arising in the translation of legal English. In most analyses of legal translation, vocabulary (and terminology) has justifiably received most attention, as lexis fulfills the symbolic or representational function of language better than any other linguistic component. Although this article examines some problems in the translation of legal vocabulary, especially through the concept of anisomorphism, it makes an attempt to deal with the snags of syntax in legal translation, by means of the concept of anfractuosity, particularly in repetition, thematisation, passivissation and nominalisation. 10 01 JB code aals.5.08par Section header 8 <TitleType>01</TitleType> <TitleText textformat="02">Part II. The language of the court</TitleText> 10 01 JB code aals.5.09gib 115 130 16 Article 9 <TitleType>01</TitleType> <TitleText textformat="02">Questioning in common law criminal courts</TitleText> 1 A01 John Gibbons Gibbons, John John Gibbons University of Western Sydney 01 Questions in everyday discourse consist of a situated exchange in which the questioner and answerer are in a roughly symmetrical relationship in which each is entitled to request information from the other. Questioners typically do not have the information that they are requesting. The answerer is not obliged to answer, but there is a normal Gricean expectation that the answer will provide the information requested. Courtroom questioning differs markedly, in that lawyers usually have a particular version of events in mind that they are attempting to confirm with the witness. Usually witnesses are compelled to answer, and do not have the right to ask questions. Therefore courtroom questions differ from everyday questions in both their social and their information characteristics. <br />These differences mean that courtroom questions are different from everyday questions along a range of linguistic parameters. At the overall narrative or spoken text level, the lawyer is constructing a version of events element by element – neither he nor the witness normally provides a full narrative during the interaction. At the exchange level, normally only the lawyer asks questions, and only the witness answers questions – an asymmetrical pattern – and evaluative lawyer third parts are common. At the level of question structure, coercive grammatical forms are strongly over-represented when compared to everyday conversation. 10 01 JB code aals.5.10pow 131 159 29 Article 10 <TitleType>01</TitleType> <TitleText textformat="02">Bilingual courtrooms: In the interests of justice?</TitleText> 1 A01 Richard Powell Powell, Richard Richard Powell Nihon University, Tokyo 01 Bilingual courtrooms are generally associated with the use of interpreted oral testimony to support monolingual judicial proceedings. Yet several postcolonial jurisdictions accord <i>de jure </i>or <i>de facto </i>standing to more than one language in court. The most studied is Malaysia, but the literature is far from exhaustive. Further research is to be encouraged because the way different legal systems accommodate bilingualism throws light on many questions central to forensic linguistics, including language rights, language planning in legal domains, cultural disadvantage before the law, genre-based communication strategies, and transparency of legal processes. This chapter reviews current evidence of and research into bilingual courtrooms and discusses the problems and potential benefits of including data on bilingual discourse in debates about language and justice. 10 01 JB code aals.5.11kur 161 178 18 Article 11 <TitleType>01</TitleType> <TitleText textformat="02">The silent witness: Pragmatic and literal interpretations</TitleText> <TitlePrefix>The </TitlePrefix> <TitleWithoutPrefix textformat="02">silent witness: Pragmatic and literal interpretations</TitleWithoutPrefix> 1 A01 Dennis Kurzon Kurzon, Dennis Dennis Kurzon University of Haifa 01 The Israeli Supreme Court has changed its decisions several times concerning the evidence of the silent witness in criminal cases, focusing on the interpretation of section 10a of the 1971 Evidence Ordinance – whether or not to admit as testimony what the witness has told the police if the witness is silent on the stand. The article will analyze the judicial opinions of the majority and minority sides of the bench in the 1991 <i>Haj Yehia </i>case. The majority opinion, which decided to accept such out-of-court evidence, may be considered to be pragmatic: meaning derives both from the words and from the purpose of the text. The approach of the minority derives from a more literal interpretation of the law. 10 01 JB code aals.5.12ead 179 195 17 Article 12 <TitleType>01</TitleType> <TitleText textformat="02">Language and disadvantage before the law</TitleText> 1 A01 Diana Eades Eades, Diana Diana Eades University of New England, Australia 01 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. 10 01 JB code aals.5.13leu 197 211 15 Article 13 <TitleType>01</TitleType> <TitleText textformat="02">Interpreting for the minority</TitleText> 1 A01 Ester S.M. Leung Leung, Ester S.M. Ester S.M. Leung Hong Kong Baptist University 01 Legal interpreting is more than a service provided to linguistic minorities who do not speak Cantonese (the majority language in Hong Kong), sometimes English interpreting is also a mechanism and establishment to maintain control, by retaining former colonial practices. Despite expectation of change in the legal field in Hong Kong after it was handed back to Mainland China, this study reveals that legal interpreting as a means of providing the linguistic human right to have access to court is a myth that is perpetuated in the still intellectually colonized city. 10 01 JB code aals.5.14par Section header 14 <TitleType>01</TitleType> <TitleText textformat="02">Part III. Forensic linguistic evidence</TitleText> 10 01 JB code aals.5.15gra 215 229 15 Article 15 <TitleType>01</TitleType> <TitleText textformat="02">Approaching questions in forensic authorship analysis</TitleText> 1 A01 Tim Grant Grant, Tim Tim Grant Centre for Forensic Linguistics, Aston University 01 This chapter demonstrates diversity in the activity of authorship and the corresponding diversity of forensic authorship analysis questions and techniques. Authorship is discussed in terms of Love’s (2002) multifunctional description of precursory, executive, declarative and revisionary authorship activities and the implications of this distinction for forensic problem solving. Four different authorship questions are considered. These are ‘How was the text produced?’, ‘How many people wrote the text?’, ‘What kind of person wrote the text?’ and ‘What is the relationship of a queried text with comparison texts?’ Different approaches to forensic authorship analysis are discussed in terms of their appropriateness to answering different authorship questions. The conclusion drawn is that no one technique will ever be appropriate to all problems. 10 01 JB code aals.5.16but 231 247 17 Article 16 <TitleType>01</TitleType> <TitleText textformat="02">Trademarks and other proprietary terms</TitleText> 1 A01 Ronald R. Butters Butters, Ronald R. Ronald R. Butters Duke University, Durham, North Carolina 01 Especially in North America, trademark litigation constitutes a prominent area of applied linguistics. As legal consultants, linguists bring their professional expertise to bear upon three issues: (1) <b>likelihood of confusion </b>of two marks; (2) categorization of the <b>strength of a mark </b>with respect to its place on a continuum of semantic/pragmatic categories technically labeled “generic,” “descriptive,” “suggestive,” “fanciful,” and “arbitrary”; and (3) <b>propriety of a mark</b>, that is, whether it is “scandalous,” or “disparaging.” Consulting linguists typically write descriptive reports that analyze the linguistic facts underlying the issues of particular cases – sometimes in rebuttal to other linguists’ reports. Often, linguists are also called upon to give sworn testimony based upon the reports they have prepared. 10 01 JB code aals.5.17egg 249 264 16 Article 17 <TitleType>01</TitleType> <TitleText textformat="02">Deception and fraud</TitleText> 1 A01 William Eggington Eggington, William William Eggington Brigham Young University, Utah 01 This chapter attempts to explore the following multipart research question: What, if anything, can linguistics and linguists offer: (1) in defining deception and fraud, (2) in detecting deception and fraud, and (3) in providing assistance to the various entities involved in legal systems with respect to the nature and detection of deception and fraud? After defining deception and fraud from lay, linguistics and legal perspectives, we explore the linguistic elements of the Nigerian Advanced Fee Fraud in order to see how linguistic knowledge can be used to detect deceptive language. We then critique research aimed at using linguistics to detect deception in real-time contexts. We conclude by offering ways linguistic science can be legitimately employed to uncover deceptive and fraudulent language. 10 01 JB code aals.5.18tur 265 299 35 Article 18 <TitleType>01</TitleType> <TitleText textformat="02">Plagiarism</TitleText> 1 A01 M. Teresa Turell Turell, M. Teresa M. Teresa Turell Institut Universitari de Lingüística Aplicada, Universitat Pompeu Fabra, Barcelona 01 The negative connotations of plagiarism as an illegal appropriation of ideas are based on the concept of Intellectual Property. Although Intellectual Property Laws in most countries around the world are specific as to the characterisation of plagiarism as an offence, the extent of plagiarism litigation varies enormously and this variation has a lot to do with the way writers, whose texts are plagiarised, and plagiarists themselves, view the act of being plagiarised or the act of plagiarising somebody else’s text. In countries which fall within the Common Law tradition such as the United Sates, Australia, Canada, Great Britain, plagiarism litigation is extensive and there is a regular offer of linguistic expertise to solve plagiarism disputes. In countries within the Civil Law tradition, like Spain, for example, linguists are still rarely called upon as expert witnesses in plagiarism cases.<br />Plagiarism is multidimensional, as is proved in the number of areas of knowledge affected by it (including literature in all its forms: essay, novel, theatre, poetry), the settings and activities in which it occurs (education, translation), and the contexts in which it is produced (for example, the scope of plagiarism on the Internet is twofold since one can plagiarise directly from the web or use the web as a method to detect plagiarism). As expert witnesses, linguists are frequently asked to give evidence in court to help to decide cases of plagiarism of ideas, linguistic plagiarism, or both. In the first case, the distinction between <i>author’s rights </i>and <i>copyright </i>may be useful, because these two concepts and terms are used differently in different judicial systems. In the second case, it may be important for linguists to come up with theoretical and methodological proposals that help them as legal consultants to find linguistic markers and discourse strategies that will be decisive in plagiarism detection, as well as in establishing <i>prima facie </i>cases. As in any other forensic linguistics contexts, plagiarism is an area where the need to incorporate internal and external validity to the experts’ findings is strongly felt. When giving opinions in court, it has been proven that both qualitative and quantitative approaches to plagiarism detection are valid and complementary, and also that both semantically and statistically expressed opinions may be necessary. 10 01 JB code aals.5.19con 301 306 6 Miscellaneous 19 <TitleType>01</TitleType> <TitleText textformat="02">Contributors</TitleText> 10 01 JB code aals.5.20lan 307 1 Miscellaneous 20 <TitleType>01</TitleType> <TitleText textformat="02">Language index</TitleText> 10 01 JB code aals.5.21sub 309 316 8 Miscellaneous 21 <TitleType>01</TitleType> <TitleText textformat="02">Subject index</TitleText> 02 JBENJAMINS John Benjamins Publishing Company 01 John Benjamins Publishing Company Amsterdam/Philadelphia NL 04 20081121 2008 John Benjamins 02 WORLD 01 245 mm 02 164 mm 08 720 gr 01 JB 1 John Benjamins Publishing Company +31 20 6304747 +31 20 6739773 bookorder@benjamins.nl 01 https://benjamins.com 01 WORLD US CA MX 21 26 18 01 02 JB 1 00 99.00 EUR R 02 02 JB 1 00 104.94 EUR R 01 JB 10 bebc +44 1202 712 934 +44 1202 712 913 sales@bebc.co.uk 03 GB 21 18 02 02 JB 1 00 83.00 GBP Z 01 JB 2 John Benjamins North America +1 800 562-5666 +1 703 661-1501 benjamins@presswarehouse.com 01 https://benjamins.com 01 US CA MX 21 18 01 gen 02 JB 1 00 149.00 USD