Language and the Law
Global Perspectives in Forensic Linguistics from Africa and Beyond
Published on 14. June 2022
458 pages
978-1-991201-83-6 (ISBN)
Description
Language and the Law: Global Perspectives in Forensic Linguistics from Africa and beyond is the third volume in a series of books designed to contribute and respond to growing interest in forensic linguistics or language and the law on the African continent. Drawing mostly on contexts where traditional African laws and Western laws are practised side-by-side, and where there are discontinuities between local knowledge systems, belief systems and language practices on the one hand, and official languages of law discourse, conceptualisation and jurisprudence documentation on the other, the chapters in this volume problematise, among other issues, the mediation practices (or lack thereof) of language and legal processes, discourse strategies and complexities in (mis)interpretations in second language court contexts and the miscarriage of justice that these may entail.
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Content
- Intro
- Contents
- Series foreword
- Acknowledgements
- About the editors
- List of figures
- List of tables
- Foreword
- Introduction
- Outline and summary of chapters
- Concluding remarks
- Part 1 - Researching police and asylum investigative interviewing
- 1 - Police intralingual translations of complainants' statements in South Africa: From interviewing to collaborative record construction of a legal text
- Introduction
- Context of the study
- Literature
- Data
- Data analysis
- Discussion and findings
- Conclusions
- References
- 2 - Mozambican police interviews: The interaction between official language and legal pluralism
- Introduction
- The field and target group
- The use of linguistic and discursive strategies in police stations
- Two conflicting legal systems in police stations?
- Concluding recommendations for practice and policy
- References
- Appendix to Chapter 2
- 3 - The politics of interpreting during asylum interviews: Processes, challenges and the implications for the legitimacy of claims for asylum in South Africa
- Introduction
- Contextualising forced migration into South Africa
- The politics of seeking asylum in contemporary South Africa
- Discussions and conclusion
- References
- Part 2 - Language practice and the legal process
- 4 - Linguistic minorities and courtroom discourse in Zimbabwe
- Background
- Data gathering
- Theoretical framework
- Demographic considerations
- Provincial names: Dominance on the linguistic landscape
- Minority language speakers' awareness of constitutional provisions on language
- Conclusion
- References
- 5 - Judges and court interpreters' experiences of multilingualism in South African courts
- Introduction
- English language of record policy for courts: The effects on a failing interpretation system
- Empirical study: Contextual and methodological overview
- Qualitative results
- Recommendations made by court interpreters
- Language and culture in legal proceedings
- Monolingual/multilingual practices
- Conclusions and recommendations
- References
- 6 - Legal terminology development in the African langauges: Aspects that may improve legal or forensic communication
- Introduction
- Terminology development theories for South Africa
- Factors affecting legal terminology development
- Conclusion
- References
- 7 - The challenges of technical sight translation in criminal proceedings: Insights from English-Shona trials in Zimbabwe
- Introduction
- Objectives of the study
- Data collection
- Background information on the court interpreting system in Zimbabwe
- Conceptual framework
- Data analysis and discussion
- Conclusion
- Acknowledgements
- References
- 8 - Family Law terminology: Critical reliance on translator's knowledge
- Introduction
- Related literature on translation studies
- Hypothesis
- Cultural traditions in translation
- Comprehending translation in context
- Contextualisation of the discipline of Family Law
- The context of marriage
- Impact of a mistake on the validity of a union
- Conclusion
- References
- 9 - Language, law and power: The problem of legal interpreting
- Introduction
- Constitutional framework
- Legislative and policy frameworks
- Qualifications and training for court interpreters: Competence and quality
- Case Law presentation and analysis
- A comparative model: History and development of interpreting in Australia
- Interpreter qualifications in Australia
- An Aboriginal interpreter's perspective of language in Australian courts
- Disadvantage before the law: Language and power
- Conclusions and recommendations
- References
- Part 3 - Language as evidence
- 10 - 'The witch made me do it!' A speech act analysis of the provocation defence in witch lynching cases in Kenya
- Introduction
- Background
- Theoretical framework
- Data and methods
- Analysis and discussion
- The killing of witches and the doctrine of provocation
- Conclusions
- References
- 11 - ' It is not specific enough': Generic and specific expressions in the International Criminal Court (ICC)
- Introduction
- Theoretical framework: Representing social actors
- Methodology
- Findings and discussion
- Conclusion
- References
- 12 - A study of intentional insincerity in Malawian criminal justice
- Introduction
- Theoretical frameworks
- Research methodology
- Discussion of results
- Conclusion
- References
- 13 - Towards the principle of believability: A new socio-pragmatic model in forensic settings
- Introduction
- The Principle of Believability: The base
- Case study: The Principle of Believability
- Conclusion
- References
- 14 - Self-representation in the opening statements of the confirmation-of-charges hearings of the ICC_Kenay case one
- Introduction
- The data
- Analytical framework
- Findings and discussion
- Conclusion
- References
- Part 4 - Forensic linguisticevidence
- 15 - Using communication aids with witnesses with a learning disabiltiy to facilitate equal access to the criminal justice system
- Introduction
- Special Measure 29: Intermediaries
- Special Measure 30: Communication aids
- Unconventional objects as aids to communication
- Theoretical framework and data
- Analysis
- Summary and discussion
- References
- 16 - Linguistic patterns in African suicide notes
- Introduction
- Literature review
- Methodology
- Data analysis
- Implications and conclusion
- References
- 17 - Analysing stance in the Christchurch and El Paso manifestos
- Introduction
- Literature review
- Methodology
- Data analysis
- Results and discussion
- Conclusions and implications
- Security Alert
- References
- Part 5 - Language, traditional courts and access to justice
- 18 - Men as vulnerable disputatnts in the Kikuyu tranditional elders' courts
- Introduction
- Traditional courts within the Kenyan legal system
- The Agikuyu traditional court
- Review of related literature
- Critical linguistics
- Data and methods
- Findings and discussion
- References
- 19 - Power and meaning in the Kaaburwo: A traditional court among the Arror of Kenya
- Introduction
- The Arror and the Kaaburwo
- Kenya's legal system
- Alternative dispute resolution
- Traditional courts in Kenya
- Theoretical approaches and methodology
- Power in the Kaaburwo
- Semiotic resources
- Conclusion
- References
- Part 6 - Language, law and legislation
- 20 - Silencing critical voices in legislative debates: Derailment of strategic manoeuvring through omnibus bills in Kenya's parliament
- Introduction
- Kenya's parliament: An overview
- Analytic framework
- The data
- Analysis
- Conclusion
- References
- 21 - Legal armour: Overcoming language barriers in 'the best interests of the child'
- Introduction
- The constitutional armour
- Language barriers in the legal system
- Family law and the best interests of the child
- Practical proposal
- Conclusion
- References
- About the contributors
- INDEX
