The Oxford Handbook of Language and Law

ISBN : 9780198744962

Peter M. Tiersma; Lawrence M. Solan
664 ページ
171 x 246 mm
Oxford Handbooks in Linguistics

This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal language, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopaedic in scope, the handbook includes chapters written by experts from every contentint who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.


Part I: Legal Language
1: A History of the Language of the Law, Peter Tiersma
2: Legal Vocabulary, Heikki E. S. Mattila
3: The Grammar and Structure of Legal Texts, Risto Hiltunen
4: Text and Genre, Maurizio Gotti
5: The Plain Language Movement, Mark Adler
Part II: The Interpretation of Legal Texts
6: Linguistic Issues in Statutory Interpretation, Lawrence M. Solan
7: Contract Formation as a Speech Act, Sanford Schane
8: Constitutional Interpretation, Robert W. Bennett
9: Ambiguity and Vagueness in Legal Interpretation, Ralf Poscher
10: Legal Interpretation and the Philosophy of Language, Brian H. Bix
Part III: Multilingualism and Translation
11: Bilingual Interpretation Rules as a Component of Language Rights in Canada, Michel Bastarache
12: Word Meaning and the Problem of a Globalized Legal Order, Jan Engberg
13: Challenges to the Legal Translator, Susan Sarcevic
14: Language and Law in the European Union, Karen McAuliffe
15: Fifty years of Multilingual Interpretation in the European Union, Cornelis J. W. Baaij
Part IV: Language Rights
16: Linguistic Human Rights, Tove Skutnabb-Kangas
17: Language Policy in the United States, Peter Tiersma
18: Legal Rights of Linguistic Minorities in the EU, Durk Gorter and Jasone Cenoz
19: Investigating the Language Situation in Africa, Tunde Olusola Opeibi
Part V: Language and Criminal Law
20: The Meaning of Silence in The Right to Remain Silent, Janet Ainsworth
21: Potential Impact of Juvenile Suspects' Linguistic Abilities on Miranda Understanding and Appreciation, Naomi E. S. Goldstein, Sharon Messenheimer, Christina Riggs L. Romaine, and Heather Zelle
22: The "Caution" in England and Wales, Frances Rock
23: The Language of Consent in Police Encounters, Janice Nadler and J. D. Trout
24: The Language of Crime, Peter Tiersma and Lawrence M. Solan
25: Interrogation Through Pragmatic Implication: Sticking to the Letter of the Law While Violating Its Intent, Deborah Davis and Richard A. Leo
Part VI: Courtroom Discourse
26: Discourse in the U.S. Courtroom, Gail Stygall
27: Courtroom Discourse in Japan's New Judicial Order, Mami Hiraike Okawara
28: Courtroom Discourse in China, Liao Meizhen
29: The Language of Trials in an Inquisitorial Criminal Law System, Martha L. Komter and Marijke Malsch
30: Linguistic Issues in Courtroom Interpretation, Susan Berk-Saligson
31: Instructing the Jury, Nancy S. Marder
Part VII: Intellectual Property
32: Using Linguistics in Trademark Cases, Roger W. Shuy
33: Language and Copyright Law, Ronald R. Butters
34: The Psycholinguistic Basis of Distinctions in Trademark Law, Syugo Hotta and Masahiro Fujita
Part VIII: Identification of Authorship and Deception
35: Authorship Identification in the Forensic Setting, Carole E. Chaski
36: Corpus Linguistics in Authorship Identification, Krzysztof Kredens and Malcolm Coulthard
37: Detecting Plagiarism, David Wools
Part IX: Speaker Identification
38: Language Analysis for Determination of Origin, Peter L. Patrick
39: Factors Affecting Lay Person's Identification of Speakers, A. Daniel Yarmey
40: Forensic Speaker Comparison, Paul Foulkes and Peter French


Peter M. Tiersma was the Hon. William Matthew Byrne Professor of Law at Loyola Law School of Los Angeles from 2009 until his death in 2014. He had a Ph.D in Linguistics from the University of California, San Diego, and a J. D. degree from the University of California, Berkeley. His books include Legal Language (1999), and Parchment, Paper, Pixels: Law and the Technologies of Communication (2010).; Lawrence M. Solan is the Don Forchelli Professor of Law and the Director of the Center for the Study of Law, Language, and Cognition at Brooklyn Law School. He is on the editorial board of The International Journal of Speech, Language, and the Law and the author of Language and Judges (1993).

This collection is a tremendous accomplishment from two of the leading figures in language and law, and I would highly recommend it. The chapters contain a wealth of invaluable information and ideas, and the book makes an important statement about the need to bridge the gap between legal, linguistic and psychological approaches to language and law. - Chris Heffer, The International Journal of Speech, Language and the Law