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Language and Law: relations, problems and research Integrative character of modern science - Linguistics and other sciences: sociolinguistics, psycholinguistics,

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Presentation on theme: "Language and Law: relations, problems and research Integrative character of modern science - Linguistics and other sciences: sociolinguistics, psycholinguistics,"— Presentation transcript:

1 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;

2 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

3 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;

4 The Term Forensic Linguistics Svartvik J. 1968. The Evans Statements: A Case for Forensic Linguistics. Goteborg: University of Goteborg. Philbrick; Frederick A. 1949. Language and the Law: the Semantics of Forensic English. New York: MacMillan

5 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;

6 Rome Forum

7 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.;

8 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);

9 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 http://www.iafl.org/ ) http://www.iafl.org/ Journal “Forensic Linguistics” was published which bears the name The International Journal of Speech, Language and the Law since 2003;

10 IAFL http://www.iafl.org/http://www.iafl.org/ The International Association of Forensic Linguists

11 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) http://www.forensiclinguistics.net/ ;http://www.forensiclinguistics.net/

12 The USA: Forensic Linguistics Ernesto Miranda Case 1963; Miranda’s rules;

13 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;

14 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);

15 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;

16 Russian Public Organization www.ruexpert.ru www.ruexpert.ru 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);

17 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.

18 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;

19 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;

20 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;

21 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;

22 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;


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