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OverviewAs 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. Full Product DetailsAuthor: Susan Ehrlich (Professor of Linguistics, Professor of Linguistics, York University) , Diana Eades (Adjunct Professor of Linguistics, Adjunct Professor of Linguistics, University of New England (Australia)) , Janet Ainsworth (Professor of Law, Professor of Law, Seattle University)Publisher: Oxford University Press Inc Imprint: Oxford University Press Inc Dimensions: Width: 23.60cm , Height: 3.30cm , Length: 16.50cm Weight: 0.590kg ISBN: 9780199945351ISBN 10: 0199945357 Pages: 344 Publication Date: 18 February 2016 Audience: College/higher education , Professional and scholarly , Tertiary & Higher Education , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsChapter 1 Introduction: Linguistic and Discursive Dimensions of Consent Susan Ehrlich and Diana Eades Section 1: Free and voluntary consent Chapter 2 Culture, cursing, and coercion: The impact of police officer swearing on the voluntariness of consent to search in police-citizen interactions Janet Ainsworth Chapter 3 Post-penetration rape: Coercion or freely-given consent? Susan Ehrlich Chapter 4 Erasing context in the courtroom construal of consent Diana Eades Section 2: Informed consent vs. ritualized consent Chapter 5 Talking the ethical turn: Drawing on tick-box consent in policing Frances Rock Chapter 6 Transparent and opaque consent in contract formation Lawrence Solan Chapter 7 The empty performative?: Informed consent to genetic research John Conley, R. Jean Cadigan and Arlene Davis Section 3: The influence of discursive practices Chapter 8 Promoting litigant consent to arbitration in multilingual small claims court Philipp Sebastian Angermeyer Chapter 9 Consent and compliance in youth justice conferences? Michele Zappavigna, Paul Dwyer and J. R. Martin Chapter 10 Non-consent and discursive resistance: Radical reformulation in a post-sting police interview Philip Gaines Section 4: The coercive force of cautions Chapter 11 Totality of circumstances and translating the Miranda warnings Susan Berk-Seligson Chapter 12 Negotiating the right to remain silent in inquisitorial trials Fleur van der Houwen and Guusje Jol Chapter 13 'No comment' responses to questions in police investigative interviews Elizabeth Stokoe, Derek Edwards and Helen EdwardsReviewsThis exhaustive and timely overview of consent s position within our criminal and civil legal systems in the UK, US, Australia and the Netherlands should serve as something of a call to arms for those of us working in all areas of forensic linguistics and language and law. It is wholly consistent with an understanding of our role as one which seeks to protect human rights and be driven by questions of social justice (Eades, 2010: 422), and sheds further light on how we as linguists can contribute to such an effort. --Language and Law This exhaustive and timely overview of consents position within our criminal and civil legal systems in the UK, US, Australia and the Netherlands should serve as something of a call to arms for those of us working in all areas of forensic linguistics and language and law. It is wholly consistent with an understanding of our role as one which seeks to protect human rights and be driven by questions of social justice (Eades, 2010: 422), and sheds further light on how we as linguists can contribute to such an effort. * Language and Law * Author InformationSusan Ehrlich is Professor of Linguistics at York University in Toronto. Diana Eades is Adjunct Professor at University of New England. Janet Ainsworth is the John D. Eshelman Professor of Law at Seattle University and Research Professor in the Research Center for Legal Translation at China University of Political Science and Law. Tab Content 6Author Website:Countries AvailableAll regions |
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