Gregory Matoesian - Böcker

This volume examines the linguistic problems that arise in efforts to translate between law and the social sciences. We usually think of "translation" as pertaining to situations involving distinct languages such as English and Swahili. But realistically, we also know that there are many kinds of English or Swahili, so that some form of translation may still be needed even between two people who both speak English-including, for example, between English speakers who are members of different professions. Law and the social sciences certainly qualify as disciplines with quite distinctive language patterns and practices, as well as different orientations and goals. In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. Some contributors also point the way toward more fruitful translation practices.The contributors to this volume are members of an interdisciplinary working group on Legal Translation that met for a number of years. The group includes scholars from law, philosophy, anthropology, linguistics, political science, psychology, and religious studies. The members of this group approach interdisciplinary communication as a form of "translation" between distinct disciplinary languages (or, "registers"). Although it may seem obvious that professionals in different fields speak and think differently about the world, in fact experts in law and in social science too often assume that they can communicate easily when they are speaking what appears to be the "same" language. While such experts may intellectually understand that they differ regarding their fundamental assumptions and uses of language, they may nonetheless consistently underestimate the degree to which they are actually talking past one another. This problem takes on real-life significance when one of the fields is law, where how knowledge is conveyed can affect how justice is meted out.

This volume examines the linguistic problems that arise in efforts to translate between law and the social sciences. We usually think of "translation " as pertaining to situations involving distinct languages such as English and Swahili. But realistically, we also know that there are many kinds of English or Swahili, so that some form of translation may still be needed even between two people who both speak English-including, for example, between English speakers who are members of different professions. Law and the social sciences certainly qualify as disciplines with quite distinctive language patterns and practices, as well as different orientations and goals. In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. Some contributors also point the way toward more fruitful translation practices.The contributors to this volume are members of an interdisciplinary working group on Legal Translation that met for a number of years. The group includes scholars from law, philosophy, anthropology, linguistics, political science, psychology, and religious studies. The members of this group approach interdisciplinary communication as a form of "translation " between distinct disciplinary languages (or, "registers "). Although it may seem obvious that professionals in different fields speak and think differently about the world, in fact experts in law and in social science too often assume that they can communicate easily when they are speaking what appears to be the "same " language. While such experts may intellectually understand that they differ regarding their fundamental assumptions and uses of language, they may nonetheless consistently underestimate the degree to which they are actually talking past one another. This problem takes on real-life significance when one of the fields is law, where how knowledge is conveyed can affect how justice is meted out.

The study of language and law has seen explosive growth in the past twenty-five years. Research on police interrogations, trial examination, jury deliberation, plea bargains, same sex marriage, to name a few, has shown the central role of written and oral forms of language in the construction of legal meaning. However, there is another side of language that has rarely been analyzed in legal settings: the role of gesture and how it integrates with language in the law. This is the first book-length investigation of language and multimodal conduct in the law. Using audio-video tapes from a famous rape trial, Matoesian and Gilbert examine legal identity and impression management in the sociocultural performance of precedent, expert testimony, closing argument, exhibits, reported speech and trial examination. Drawing on insights from Jakobson and Silverstein, the authors show how the poetic function inheres not only in language but multimodal conduct generally. Their analysis opens up new empirical territory for both forensic linguistics and gesture studies.

The study of language and law has seen explosive growth in the past twenty-five years. Research on police interrogations, trial examination, jury deliberation, plea bargains, same sex marriage, to name a few, has shown the central role of written and oral forms of language in the construction of legal meaning. However, there is another side of language that has rarely been analyzed in legal settings: the role of gesture and how it integrates with language in the law. This is the first book-length investigation of language and multimodal conduct in the law. Using audio-video tapes from a famous rape trial, Matoesian and Gilbert examine legal identity and impression management in the sociocultural performance of precedent, expert testimony, closing argument, exhibits, reported speech and trial examination. Drawing on insights from Jakobson and Silverstein, the authors show how the poetic function inheres not only in language but multimodal conduct generally. Their analysis opens up new empirical territory for both forensic linguistics and gesture studies.

This book analyzes the complex interplay between gesture, speech and other modal resources (e.g., gaze, facial expression, motion) during the presentation of evidence and interpretation of testimony in court. By analyzing recordings of a well-known rape trial, the authors reveal how multimodal oratory contributes to forensic linguistics and gesture studies, and how it helps understand recent policy recommendations for reforming the rape trial.