Discursive Constructions of Consent in the Legal Process
Series: Oxford Studies in Language and Law;
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Product details:
- Publisher OUP USA
- Date of Publication 18 February 2016
- ISBN 9780199945351
- Binding Hardback
- No. of pages344 pages
- Size 165x236x33 mm
- Weight 590 g
- Language English 0
Categories
Short description:
Experts in linguistics and law use diverse theoretical and analytical approaches to demonstrate the complex ways in which language is used to seek, steer, give, or withhold consent in a range of legal contexts. The book illuminates problematic issues in legal practices and procedures that may otherwise be uncritically accepted.
MoreLong description:
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.
Overall, Discursive Constructions does a good job reminding readers of how legally-shaped consent practices are broadly and regularly deployed in daily life.
Table of Contents:
Chapter 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 Edwards
