Language in the Judicial Process

Portada
Judith N. Levi, Anne Graffam Walker
Springer Science & Business Media, 1990 M10 31 - 373 páginas
Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.
 

Contenido

The Study of Language in the Judicial Process
3
Language and Eyewitness Testimony
13
Comprehensibility of Jury Instructions
20
Conclusion
27
Strategies in the Contest between Lawyer and Witness
39
Contrast Devices
46
Conclusion
62
The Use of Narrative Components
78
Conclusion
198
References
200
Obstacles
214
Means and Devices
221
Effects of Variable Reporter Choices
232
References
242
Linguistic Analysis of Conversation
248
A Case Study
259

Theoretical Implications
88
Litigant Satisfaction versus Legal Adequacy in Small
97
Methods
107
The Legal Adequacy of Unaided Witness Narratives
116
Some Ethnographic Conclusions about Accounts in Small
127
References
129
Modes of Discourse about Law
135
Conclusion
148
The Role of the Court
155
How Attention Is Shifted to the Interpreter by Court
162
The Interpreters Own AttentionDrawing Behavior
172
Controlling the Flow of Testimony
190
Legal Issues
261
References
275
Conclusion
289
Language Comprehension in Products Liability Cases
300
The Relevance of Psycholinguistic Data in Products Liability
303
An Analysis
309
Categorization Rank Ordering and Translation
324
Rapid Anonymous Interviews
341
Recommendations
348
Where Do We Go from Here?
353
Author Index
359
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