
As a linguistically-grounded, critical examination of consent, this volume views consent not as an individual mental state or act but as a process that is interactionally-and discursively-situated. It highlights the ways in which legal consent is often fictional (at best) due to the impoverished view of meaning and the linguistic ideologies that typically inform interpretations and representations in the legal system. The authors are experts in linguistics and law, who use diverse theoretical and analytical approaches to examine the complex ways in which language is used to seek, negotiate, give, or withhold consent in a range of legal contexts.Authors draw on case studies, or larger research corpora or a wider sociolegal approach, in investigations of: police-citizen interactions in the street, police interviews with suspects, police call handlers, rape and abduction trials, interactions with lay litigants in a multilingual small claims court, a restorative justice sentencing scheme for young offenders, biomedical research, and legal disputes over contracts.
This volume investigates how consent is constructed through linguistic interaction rather than existing as a static, internal mental state within the legal process. The authors, who are established experts in the fields of linguistics and law, argue that legal systems often rely on an impoverished view of meaning. By applying diverse theoretical frameworks, they demonstrate how linguistic ideologies frequently distort the negotiation and interpretation of consent in various institutional settings.
What You Will Find
Scope Limits
Experts in forensic linguistics and legal studies identify this work as a significant contribution to the understanding of how language shapes legal outcomes. Readers frequently note the academic density of the prose, which is intended for scholars and practitioners interested in the intersection of discourse analysis and jurisprudence.
Page Count:
340
Publication Date:
2016-01-01
Publisher:
Oxford University Press
ISBN-10:
0190613890
ISBN-13:
9780190613891
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