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The Criminal Trial In Law And Discourse

Author: T. Kirchengast
Publisher: Springer
ISBN: 0230305563
Size: 63.38 MB
Format: PDF
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This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.

The Language Of Jury Trial

Author: C. Heffer
Publisher: Springer
ISBN: 0230502881
Size: 50.38 MB
Format: PDF, ePub
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Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.

The Handbook Of Intercultural Discourse And Communication

Author: Christina Bratt Paulston
Publisher: John Wiley & Sons
ISBN: 1444354329
Size: 17.91 MB
Format: PDF, Docs
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The Handbook of Intercultural Discourse and Communication brings together internationally-renowned scholars from a range of fields to survey the theoretical perspectives and applied work, including example analyses, in this burgeoning area of linguistics. Features contributions from established researchers in sociolinguistics and intercultural discourse Explores the theoretical perspectives underlying work in the field Examines the history of the field, work in cross-cultural communication, and features of discourse Establishes the scope of this interdisciplinary field of study Includes coverage on individual linguistic features, such as indirectness and politeness, as well as sample analyses of IDC exchanges

Colonial Discourse And Gender In U S Criminal Courts

Author: Caroline Braunmühl
Publisher: Routledge
ISBN: 1136341161
Size: 72.95 MB
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The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" — i.e., "evidence" regarding ethnicity — is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmühl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or — more commonly — colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective "information" about another culture, rather than — as Braunmühl argues — of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of "cultural evidence," and of its presentation in court.

Evidence In International Criminal Trials

Author: Mark Klamberg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004236511
Size: 24.63 MB
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Evidence in International Criminal Trials compares procedural activities relevant for international criminal tribunals and the International Criminal Court: evaluation, collection, disclosure, admissibility and presentation of evidence. The book provides guidance on how to confront legal as well as factual issues.

Polish Vs American Courtroom Discourse

Author: G. Bednarek
Publisher: Springer
ISBN: 1137414251
Size: 31.68 MB
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Polish vs. American Courtroom Discourse brings together the fields of discourse analysis and socio-legal studies to identify, illustrate and explain the cross-cultural similarities and disparities between the inquisitorial and adversarial procedures of witness examination in criminal trials.

The Public In Law

Author: Gregor Clunie
Publisher: Routledge
ISBN: 1317018613
Size: 60.11 MB
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Bringing together established academics and new researchers, the chapters in this collection interrogate the operation of 'the public' in a range of different legal, illegal and alegal spaces. The key question which frames the contributions is whether and in what manner 'the public' operates as an interface between law and society, allowing the interests and opinions of the population at large to be represented and reflected in legal discourse, such that collectively generated imperatives may be imposed upon political and economic actors. Multi-disciplinary in its approach, the volume reflects an understanding that there is more to the role of 'the public' in relation to law than the conventional demarcation of the field of 'public law' and that this relationship is open to comment from a wide range of actors.

Victims Of International Crimes An Interdisciplinary Discourse

Author: Thorsten Bonacker
Publisher: Springer Science & Business Media
ISBN: 9067049123
Size: 56.22 MB
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In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Asian Discourses Of Rule Of Law

Author: Randall P. Peerenboom
Publisher: Psychology Press
ISBN: 9780415326131
Size: 34.30 MB
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Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.