Discursive constructions of consent in the legal process /

Experts in linguistics and law use diverse theoretical and analytical approaches to demonstrate the complex ways in which language is used to seek, steer, give, or withhold consent in a range of legal contexts. The book illuminates problematic issues in legal practices and procedures that may otherw...

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Bibliographic Details
Other Authors: Ehrlich, Susan (Susan Lynn) (Editor), Eades, Diana, 1953- (Editor), Ainsworth, Janet (Editor)
Format: eBook
Language:English
Published: New York : Oxford University Press, [2016]
Series:Oxford studies in language and law.
Subjects:
Online Access:Connect to the full text of this electronic book
Table of Contents:
  • Cover; Series; Discursive Constructions of Consent in the Legal Process; Copyright; Contents; Acknowledgments; Contributors; 1. Introduction: Linguistic and Discursive Dimensions of Consent; Section 1 Free and Voluntary Consent; 2. Culture, Cursing, and Coercion: The Impact of Police Officer Swearing on the Voluntariness of Consent to Search in Police-Citizen Interactions; 3. Post-penetration Rape: Coercion or Freely Given Consent?; 4. Erasing Context in the Courtroom Construal of Consent; Section 2 Informed Consent or Ritualized Consent?
  • 5. Talking the Ethical Turn: Drawing on Tick-Box Consent in Policing6. Transparent and Opaque Consent in Contract Formation; 7. The Empty Performative? Informed Consent to Genetic Research; Section 3 The Influence of Discursive Practices; 8. Promoting Litigant Consent to Arbitration in Multilingual Small Claims Court; 9. Consent and Compliance in Youth Justice Conferences; 10. Nonconsent and Discursive Resistance: Radical Reformulation in a Post-sting Police Interview; Section 4 The Coercive Force of Cautions; 11. Totality of Circumstances and Translating the Miranda Warnings.
  • 12. Negotiating the Right to Remain Silent in Inquisitorial Trials13. "No Comment" Responses to Questions in Police Investigative Interviews; Name Index; Subject Index.