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Legal professionals in the United States increasingly have relied on dictionaries, both current and historical, in court cases. This practice is complicated because originalist jurists are often not well-versed in lexicographical principles that would provide a fuller view of historical reasoning. This Element first contextualizes several issues in early English dictionaries and eighteenth-century language that illustrate how using dictionaries from the founding era in questions of law can be problematic: The Element provides examples of words changing over time, explains methodology of devising and borrowing in definitions, details who the readers of such dictionaries were, and more. The Element then excerpts John Mikhail's essential article written in response to CREW et al. v. Trump to show how lexicographical methods and linguistic textual evidence can be better used in legal cases and analysis by triangulating meaning and identifying a prototypical definition.
This Element provides an overview of the origins and development of forensic linguistics in the UK. It starts with a brief overview of early forensic linguistic research in the UK context, how some of the earliest work came about and the circumstances that allowed the field to develop and grow. Following this, the Element details the UK-based developments in the forensic analysis of texts, most notably through forensic authorship analysis and profiling. Section 3 outlines the research on spoken linguistic practices in legal contexts, using the order in which one might encounter these parts of the legal system (the emergency services, the police, the courts) as a structure. Section 4 looks at recent developments in the linguistic analysis of criminal and abusive behaviours in online contexts. Finally, the Element summarises the current state of forensic linguistics in the UK, pointing to key debates and potential future directions.
Many lawsuits arise over disagreements about language and about the meanings of everyday words, phrases, and sentences. This book draws on over fifty cases involving disputed meanings in the American legal system where the author served as an expert witness or consultant, to explore the interaction between language and law. Stepping back from the legal specifics and their outcomes, it analyzes the disputes from the perspective of the language sciences, especially semantics and pragmatics, and language comprehension. It seeks to understand why, and in what areas of English grammar, lexis, and usage, they have arisen among speakers who do not normally miscommunicate and disagree like this. The cases involve contracts, patents, advertising, trademarks, libel, and defamation, and descriptive insights and methods from the language sciences are applied to each case to make explicit the meanings that speakers would normally assign to English.
This chapter focuses on the production of official records of police–suspect interviews in England & Wales, and the flaws in their current use as criminal evidence. It reveals the importance of the administrative processes undergone by an interviewee’s words post-interview, revealing how they shape – indeed, create – the resulting evidential product, especially through the institutional practice of summarising parts of the interaction. The journey from ‘live’ interaction in an interview room to an official evidential record is largely taken for granted within the legal system, with little-to-no internal or external scrutiny; this chapter argues that it should instead be recognised as a substantial contribution to – and transformation of – the resulting evidence, with all the dangers that potentially entails. Using data from the ‘For The Record’ project, including interview recordings and official police records alongside focus groups with practitioners, it demonstrates the importance for practitioners and researchers alike to pay closer attention to the format of the data they are examining, and to actively reflect on and seek out the many voices and actors which have shaped it.
This introductory chapter details the purpose of the collection and its structure. This collection presents the state-of-the-art research in applied linguistics directly relevant to procedural and administrative law and practice, with an emphasis on how legal procedure is constructed, negotiated and implemented through language. Covering the themes around legal process and legal profession through the lens of linguistics, the focus of this collection is very firmly on the applicability of linguistic theory and methodology to the context of legal practice. The Introduction also outlines the chapters, which draw on distinct methods and data types to explore diverse aspects of professional practice across a number of jurisdictions. In doing so, the chapter highlights the immense potential for incorporating linguistic insights into the legal process and the benefits it can bring to law researchers and practitioners.
Spoken threats are a common but linguistically complex language crime. Although threatening language has been examined from different linguistic perspectives, there is limited research which critically addresses how people perceive spoken threats and infer traits such as threat and intent from speakers' voices. There is also minimal linguistic research addressing differences between written and spoken threats. By specifically analysing threats delivered in both written and spoken modalities, as well as integrating perceptual phonetic analysis into discussions on spoken threats, this Element offers perspectives on these two under-researched areas. It highlights the dangers of assuming that the way in which someone sounds correlates with, for example, their intention to commit harm, and explores potential problems in assuming that written and spoken threats are equivalent to one another. The goal of the Element is to advance linguistic knowledge and understanding around spoken threats, as well as promote further research in the area.
The relationship between language(s) and economics is a complex one. While it has been commonly held that linguistic homogeneity favors economic prosperity, a counter-argument suggests that multilingual capabilities may remove impediments to such prosperity: economic advantages may flow from bridging linguistic divides. Languages in contact are rarely of equal status, however, and some “small” varieties are particularly threatened today – most often, of course, by English. In a renewed and ecologically based attention to at-risk languages, the matter of rights has become central. After all, sustained and broadly accepted arguments for inherent language rights could put both speakers and their interactions with other communities on a stronger footing. My thesis here is that any meaningful support for language rights must be firmly grounded in law. Currently, this is very rarely the case and, therefore, much of the discussion about rights is really about claims to rights.
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