Language and Law: relations, problems and research Integrative character of modern science - Linguistics and other sciences: sociolinguistics, psycholinguistics, cognitive linguistics; History of language and law relationship: Language development contributed to law development and law preservation (written law, legal documents, legal textbooks and libraries, legal education and profession); Law development influenced language processes: borrowings, new terms and structures, law texts and legal genres development, communication in legal setting; Problems of communication, language meaning, the use of legalese, reforming of legal language; language expertise in the court etc. are areas of language and law studies;
Language and Law: Interdisciplinary studies Language and law as interdisciplinary field of research: Legal Language and Legal Communication, Forensic Linguistics, Forensic Discourse Analyses, Forensic Stylistics, Forensic Phonetics, Legal Translation, Language policy, Semiotics of Law, Synergetics of Law Discourse
FORENSIC LINGUISTICS “Forensic linguistics is the intersection of law and language” Roger Shuy; “Forensic Linguistics is the use of linguistic techniques to investigate crimes in which language data constitute part of the evidence” The Cambridge Encyclopedia of Language. Ed. David Crystal;
The Term Forensic Linguistics Svartvik J The Evans Statements: A Case for Forensic Linguistics. Goteborg: University of Goteborg. Philbrick; Frederick A Language and the Law: the Semantics of Forensic English. New York: MacMillan
Rome Forum The term “forensic” comes from Latin “forum”, a public square or marketplace in an ancient Roman city used for judicial or other matters;
Rome Forum
Forensic Linguistics as the field of Applied Linguistics Applied Linguistics - the use of linguistic theories, knowledge about language functions in practical settings; In the 1940s Applied linguistics meant a scientific approach to teaching foreign languages or second language acquisition; In the 1950s Applied Linguistics embraced machine translation; 1964г. International Association of Applied Linguistics was set up Nowadays Applied Linguistics embraces the theory and practice of translation, lexicography, computer linguistics and forensic linguistics etc.;
Linguistic expertise in the court The USA, Canada, the 1960s, 1970s, 1980s – linguistic expertise came to use in legal matters; Europe – the 1980s linguistic expertise to identify authors of texts began to be used in the court, forensic linguistics researches developed (Birmingham); The USA - Roger Shuy (1979); The UK - Malcolm Coulthard (the early 1980s); Germany - Hannes Kniffka (the early 1980s);
Forensic Linguistics institualization In 1988 – 1989 a number of conferences on Forensic Linguistics were held in Germany and in 1990, 1991 in the UK; In 1990,1991, 1992 – Association of Applied Linguistics of Germany held sessions on forensic linguistics (Gottingen, Mainz, Saarbrucken universities, Germany) In 1992 – 2 seminars were held in the UK (Birmingham University), The International Association on Forensic Linguistics was set up ) Journal “Forensic Linguistics” was published which bears the name The International Journal of Speech, Language and the Law since 2003;
IAFL The International Association of Forensic Linguists
Development of Forensic Linguistics in the UK British Legislation on evidences (Judges’ rules); Violation of suspect rights; authenticity of police statements; Centre for Forensic Linguistics at Aston University (Birmingham) ;
The USA: Forensic Linguistics Ernesto Miranda Case 1963; Miranda’s rules;
Linguist experts in the USA courts Roger Shuy “Language Crimes:The use and Abuse of language Evidence in the Courtroom”, 1993; “Linguistics Battles in Trademark Disputes”, 2002; Elizabeth Loftus “Witness for the Defence: The Accused, the Eyewitness and the Expert Who Puts Memory on Trial”, 1994; Elizabeth Loftus’ works on memory set the new direction for research – interrelation of memory and language in legal sphere; Federal Rule of Evidence # 702;
Australia John Gibbons, Diana Eades – leading researchers in Forensic Linguistics; The 1980s linguistics and sociolinguistics issues in the court; The rights of aborigines in the court; Aboriginal dialect (Aboriginal English, White English); Communication in the court; Cases on aborigines land and linguistic expertise (dialectology);
Germany XIX в. The beginning of language and law studies; ХХ в. The 1970s the problem of document language and its simplification; 1976 – Аdalbert Podlech introduces the term “Rechtslinguistik” (law linguistics); In the 1980s-1990s linguists took part in writing law texts; XXI c. The process of law harmonization in the European Union: cross-cultural communication in the sphere of law;
Russian Public Organization Russian Public Organization (Guild of linguist experts on document and information disputes) (РОО ГЛЭДИС) Contributes to linguistic expertise in the court; Assists in setting up groups of linguist experts in different regions of the country; Holds seminars on theory and practice of forensic linguistic expertise; Assists in supplying libraries (of courts, universities, law departments etc.) with methodics and reference writings on linguistic expertise; Works out basic courses on linguistic safety for students of philology, journalism and law departments; Issues the on-line almanac “Sobornaya Storona” (on history of national Russian language, literature and customs);
Linguistic Expertise in Russian Courts Linguistic expertise in cases on protection of honor and dignity of person (libel, slander) contempt of court, etc.; Linguistic interpretation of law texts, disputable documents (contracts, etc.); Qualification of invective and abusive language; Text analysis in cases related to ethnic and religious conflicts; Person and document linguistic identification (language, handwriting, signature, etc.); Plagiarism cases; Translation conflict cases; Trade mark cases; etc.
Current trends in Forensic Linguistics research in Russia To study the language of conflicts (invective, manipulative, aggressive functions of language); To develop principles of legal settlement of language conflicts; To research and reform the language of law; To work out unified principles of forensic linguistics expertise; Linguistic training of lawyers; Cognitive studies of law and language;
Cross-cultural aspect of Forensic Linguistics USA Linguistic expertise could be commissioned by parties to the case; Defamation cases relate to civil law offences; Secret tape recording is legal; Germany Linguistic expertise is commissioned by a judge; Defamation cases relate to criminal law offences;
Cross-cultural aspect of Forensic Linguistics Canada Linguistic expertise (dialectology) in cases concerning aborigine people right to land they historically possessed; Australia Cases concerning aborigine people right to land; Russia Linguistic expertise of invective and abuse language in mass-media; Ethnic and religious conflicts;
Forensic Linguistics Contributions Growth of Scientific findings in the sphere of language and law; International and local conferences; Setting up of Laboratories and Centres for Forensic Linguistics in different countries sponsored by governments to improve methods of linguistic analysis; Publishing of books and textbooks on Forensic Linguistics; Many Universities around the world introduce courses on FL; Master degree programs are launched at the universities in UK and Spain;
Graduate Programs There are Summer Schools on Forensic Linguistics at Aston University, Birmingham and Lodz (since 2001); MA program in FL - Cardiff University; MA program in FL – Universitat Pompeu Fabra (Barcelona); MSc program in FL – Aston University; MSc York Program in Forensic Speech Science – The University of York – Joint Program French Associates;