confronting the death penalty how language influences jurors in capital cases oxford studies in language and law

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Confronting The Death Penalty

Author : Robin Conley
ISBN : 9780199334162
Genre : Capital punishment
File Size : 66. 44 MB
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"Confronting the Death Penalty probes how jurors make the ultimate decision about whether another human being should live or die. Drawing on ethnographic and qualitative linguistic methods, Robin Conley explores the means through which language helps to make death penalty decisions possible - how specific linguistic choices mediate and restrict jurors', attorneys', and judges' actions and experiences while serving and reflecting on capital trials."--Provided by publisher.

Legal Integration And Language Diversity

Author : C. J. W. Baaij
ISBN : 9780190680787
Genre : Law
File Size : 38. 94 MB
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How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, for the purpose of reducing national regulatory differences between Member States. However, in its commitment to the diversity of European languages, its legislative institutions enact legislative instruments in 24 languages. Language Diversity and Legal Integration assesses these seemingly incompatible policy objectives and contemporary translation practices in the EU legislative procedure, and proposes an alternative, source-oriented approach that better serves EU policy objectives. Contrary to the orthodox view in academic literature and to the current policies of the EU, this book suggests that the English language version should serve as the original and only authentic legislative text. Translation into the other language versions should furthermore avoid prioritizing clarity and fluency over syntactic correspondence and employ neologisms for distinctly EU legal concepts. Ultimately, Baaij provides practical solutions to the conflict between the equality of all language versions, and the need for uniform interpretation and application of EU law.

Legal Translation Outsourced

Author : Juliette R. Scott
ISBN : 9780190900014
Genre : Language Arts & Disciplines
File Size : 73. 63 MB
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As a result of globalization, cross-border transactions and litigation, and multilingual legislation, outsourcing legal translation has become common practice. Unfortunately, over-reliance on such outsourcing has given rise to significant dangers, including information asymmetry, goal divergence, and risk. Legal Translation Outsourced provides the only current reference on commercial legal translation performed outside institutions. Juliette Scott casts a critical eye on the practice as it now stands, offering an analysis of key risks and constraints. Her work is informed by empirical data of the legal translation outsourcing markets of 41 countries. Scott proposes original theoretical models aimed both at training legal translators and informing all stakeholders, including principals and agents. These include models of legal translation performance; a classification of constraints on legal translation applying upstream, during and downstream of translation work; and a description of the complex chain of supply. Working to improve the enterprise itself, Scott shows how implementing a comprehensive legal translation brief--a sorely needed template--can significantly benefit clients by increasing the fitness of translated texts. Further, she opens a number of avenues for future research with an eye to translator empowerment and professionalization.

Translating The Social World For Law

Author : Elizabeth Mertz
ISBN : 9780199990559
Genre : Law
File Size : 47. 89 MB
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This volume examines the linguistic problems that arise in efforts to translate between law and the social sciences. We usually think of "translation" as pertaining to situations involving distinct languages such as English and Swahili. But realistically, we also know that there are many kinds of English or Swahili, so that some form of translation may still be needed even between two people who both speak English-including, for example, between English speakers who are members of different professions. Law and the social sciences certainly qualify as disciplines with quite distinctive language patterns and practices, as well as different orientations and goals. In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. Some contributors also point the way toward more fruitful translation practices. The contributors to this volume are members of an interdisciplinary working group on Legal Translation that met for a number of years. The group includes scholars from law, philosophy, anthropology, linguistics, political science, psychology, and religious studies. The members of this group approach interdisciplinary communication as a form of "translation" between distinct disciplinary languages (or, "registers"). Although it may seem obvious that professionals in different fields speak and think differently about the world, in fact experts in law and in social science too often assume that they can communicate easily when they are speaking what appears to be the "same" language. While such experts may intellectually und

Discourse Analysis

Author : Barbara Johnstone
ISBN : 9781119257691
Genre : Language Arts & Disciplines
File Size : 73. 97 MB
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Revised and updated, this third edition of Barbara Johnstone’s Discourse Analysis encourages students to think about discourse analysis as an open-ended set of techniques. Exploring a variety of approaches, including critical discourse analysis, conversation analysis, interactional and variationist sociolinguistics, ethnography, corpus linguistics, social semiotics, and other qualitative and quantitative methods, the book balances its comprehensive coverage with extensive practical examples, making it the ideal introductory text for students new to the subject. This new edition reflects the increased importance within the field of new media discourse, multi-modal discourse and the analysis of large corpora of discourse data. Updated material expands the discussion of stancetaking, whilst new material addresses recontextualization, precontextualization, and language and the body. Pedagogical features have been refreshed, including discussion questions, exercises, and ideas for small research projects, with suggested supplementary readings at the end of each chapter to encourage further discovery. Chapters in this book are self-contained, so they can be handled in any order Suggested supplementary readings are featured at the end of every chapter Book is written specifically for a non-specialist, interdisciplinary audience Examples of computer-aided corpus analysis (reflecting the improvements made to theories and tools) supplement every chapter Discussion questions and ideas for small research projects are interspersed throughout The combination of breadth of coverage, practical examples, and student-friendly pedagogical features ensures Discourse Analysis remains the ideal textbook for students taking their first course in linguistic approaches to discourse.

Reclaiming Basque

Author : Jacqueline Urla
ISBN : 0874179653
Genre : History
File Size : 64. 6 MB
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An examination of Basque language activism in the twentieth century

Linguistic Anthropology

Author : Alessandro Duranti
ISBN : 9781405126335
Genre : Language Arts & Disciplines
File Size : 56. 18 MB
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Linguistic Anthropology: A Reader is a comprehensive collection of the best work that has been published in this exciting and growing area of anthropology, and is organized to provide a guide to key issues in the study of language as a cultural resource and speaking as a cultural practice. Revised and updated, this second edition contains eight new articles on key subjects, including speech communities, the power and performance of language, and narratives Selections are both historically oriented and thematically coherent, and are accessibly grouped according to four major themes: speech community and communicative competence; the performance of language; language socialization and literacy practices; and the power of language An extensive introduction provides an original perspective on the development of the field and highlights its most compelling issues Each section includes a brief introductory statement, sets of guiding questions, and list of recommended readings on the main topics

The Legal Language Of Scottish Burghs

Author : Joanna Kopaczyk
ISBN : 9780199945153
Genre : Language Arts & Disciplines
File Size : 88. 40 MB
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The first monograph to examine textual standardization patterns in legal and administrative texts on the basis of lexical bundles, drawing from a comprehensive corpus of medieval and early modern legal texts

The Death Penalty As Torture

Author : John D. Bessler
ISBN : 1611639263
Genre :
File Size : 68. 80 MB
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During the Dark Ages and the Renaissance, Europe¿s monarchs often resorted to torture and executions. The pain inflicted by instruments of torture¿from the thumbscrew and the rack to the Inquisition¿s tools of torment¿was eclipsed only by horrific methods of execution, from breaking on the wheel and crucifixion to drawing and quartering and burning at the stake. The English ¿Bloody Code¿ made more than 200 crimes punishable by death, and judicial torture¿expressly authorized by law and used to extract confessions¿permeated continental European legal systems. Judges regularly imposed death sentences and other harsh corporal punishments, from the stocks and the pillory, to branding and ear cropping, to lashes at public whipping posts. In the Enlightenment, jurists and writers questioned the efficacy of torture and capital punishment. In 1764, the Italian philosopher Cesare Beccaria¿the father of the world¿s anti¿death penalty movement¿condemned both practices. And Montesquieu, like Beccaria and others, concluded that any punishment that goes beyond absolute necessity is tyrannical. Traditionally, torture and executions have been viewed in separate legal silos, with countries renouncing acts of torture while simultaneously using capital punishment. The UN Convention Against Torture strictly prohibits physical or psychological torture; not even war or threat of war can be invoked to justify it. But under the guise of ¿lawful sanctions,¿ some countries continue to carry out executions even though they bear the indicia of torture. In The Death Penalty as Torture, Prof. John Bessler argues that death sentences and executions are medieval relics. In a world in which ¿mock¿ or simulated executions, as well as a host of other non-lethal acts, are already considered to be torturous, he contends that death sentences and executions should be classified under the rubric of torture. Unlike in the Middle Ages, penitentiaries¿one of the products of the Enlightenment¿now exist throughout the globe to house violent offenders. With the rise of life without parole sentences, and with more than four of five nations no longer using executions, The Death Penalty as Torture calls for the recognition of a peremptory, international law norm against the death penalty¿s use.

In The Shadow Of Death

Author : Elizabeth Beck
ISBN : 0195346300
Genre : Social Science
File Size : 53. 85 MB
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The press called Martin's actions a "crime spree." Already convicted of armed robbery, Martin was facing the death penalty. In less than two weeks the jury would decide his fate. Terrified that his son would be sentenced to die, Phillip did the only thing he felt he could do: in an act of faith and desperation in his garage with the car exhaust running, Phillip made the consummate sacrifice to spare his son the ultimate punishment. Ironically, his suicide presented Martin's with another chance at life; the jury, moved by Martin's loss, spared his life. Phillip's story-like those of the other parents, siblings, children, and cousins chronicled in this book-vividly illustrates the precarious position family members of capital offenders occupy in the criminal justice system. At once outsiders and victims, they live in the shadow of death, crushed by trauma, grief, and helplessness. In this penetrating account of guilt and innocence, shame and triumph, devastating loss and ultimate redemption, the voices of these family members add a new dimension to debates about capital punishment and how communities can prevent and address crime. Restorative justice theory, which views violent crime as an extreme violation of relationships; searches for ways to hold offenders accountable; and meets the needs of victims and communities torn apart by the crime, organizes these narratives and integrates offenders' families into the process of transforming conflict and promoting justice and healing for all. What emerges from hundreds of hours' worth of in-depth interviews with family members of offenders and victims, legal teams, and leaders in the abolition and restorative justice movements is a vision of justice strongly rooted in the social fabric of communities. Showing that forgiveness and recovery are possible in the wake of even the most heinous crimes, while holding victims' stories sacred, this eye-opening book bridges the pain of living in the shadow of death with the possibility of a reparative form of justice. Anyone working with victims, offenders, and their families-from lawyers and social workers to mediators and activists-will find this riveting work indispensable to their efforts.

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