Speech and Silence in American Law

Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139487736
Format: PDF, Kindle
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Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are: who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.

Law and Language

Author: Michael Freeman
Publisher: Oxford University Press
ISBN: 0199673667
Format: PDF, ePub, Docs
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Law and Language, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and language. This volume examines the themes of truth in language and the law, and the role of language in different areas of law, including contract and criminal law.

Just Silences

Author: Marianne Constable
Publisher: Princeton University Press
ISBN: 9781400826926
Format: PDF, Docs
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Is the Miranda warning, which lets an accused know of the right to remain silent, more about procedural fairness or about the conventions of speech acts and silences? Do U.S. laws about Native Americans violate the preferred or traditional "silence" of the peoples whose religions and languages they aim to "protect" and "preserve"? In Just Silences, Marianne Constable draws on such examples to explore what is at stake in modern law: a potentially new silence as to justice. Grounding her claims about modern law in rhetorical analyses of U.S. law and legal texts and locating those claims within the tradition of Nietzsche, Heidegger, and Foucault, Constable asks what we are to make of silences in modern law and justice. She shows how what she calls "sociolegal positivism" is more important than the natural law/positive law distinction for understanding modern law. Modern law is a social and sociological phenomenon, whose instrumental, power-oriented, sometimes violent nature raises serious doubts about the continued possibility of justice. She shows how particular views of language and speech are implicated in such law. But law--like language--has not always been positivist, empirical, or sociological, nor need it be. Constable examines possibilities of silence and proposes an alternative understanding of law--one that emerges in the calling, however silently, of words to justice. Profoundly insightful and fluently written, Just Silences suggests that justice today lies precariously in the silences of modern positive law.

Exploring Courtroom Discourse

Author: Ms Anne Wagner
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409497658
Format: PDF, Mobi
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This volume presents a combination of practical, empirical research data and theoretical reflection to provide a comparative view of language and discourse in the courtroom. The work explores how the various disciplines of law and linguistics can help us understand the nature of "Power and Control" - both oral and written - and how it might be clarified to unravel linguistic representation of legal reality. It presents and examines the most recent research and theories at national and international levels. The book represents a valuable contribution to the study and analysis of courtroom discourse and courtroom cultures more generally. It will be of interest to students and researchers working in the areas of language and law, legal theory, interpretation, and semiotics of law.

American Constitutional Law

Author: Alpheus Thomas Mason
Publisher: Routledge
ISBN: 1317350502
Format: PDF, ePub, Mobi
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This classic collection of carefully selected and edited Supreme Court case excerpts and comprehensive background essays explores constitutional law and the role of the Supreme Court in its development and interpretation. Well-grounded in both theory and politics, it endeavors to heighten students' understanding of and interest in these critical areas of our governmental system.

The Oxford Introductions to U S Law

Author: Michael C. Dorf
Publisher: Oxford University Press
ISBN: 0199315035
Format: PDF
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The Oxford Introductions to U.S. Law: Constitutional Law presents an accessible introduction to the enduring topics of American constitutional law, including judicial review, methods of interpretation, federalism, separation of powers, equal protection, and individual liberties. One of the most important functions performed by the American Constitution and the more than two centuries' worth of cases interpreting it is the allocation of decision-making. Professor Dorf and Professor Morrison frame many of these constitutional debates with this question of authority. When should courts rule that the Constitution takes some issue outside of the domain of ordinary politics? Should courts referee disputes between the branches of the federal government? Should they referee disputes between the states and the national government? Using what standards? This introduction to American constitutional law critically examines the work of the Supreme Court of the United States, which has resolved thousands of constitutional controversies based on the shortest national constitution on the planet. The authors also look beyond the Supreme Court, exploring the arguments for and against judicial review and various versions of popular constitutionalism.

The Adversary First Amendment

Author: Martin H. Redish
Publisher: Stanford University Press
ISBN: 0804786348
Format: PDF, ePub, Mobi
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The Adversary First Amendment presents a unique and controversial rethinking of modern American democratic theory and free speech. Most free speech scholars understand the First Amendment as a vehicle for or protection of democracy itself, relying upon cooperative or collectivist theories of democracy. Martin Redish reconsiders free speech in the context of adversary democracy, arguing that individuals should have the opportunity to affect the outcomes of collective decision-making according to their own values and interests. Adversary democracy recognizes the inevitability of conflict within a democratic society, as well as the need for regulation of that conflict to prevent the onset of tyranny. In doing so, it embraces pluralism, diversity, and the individual growth and development deriving from the promotion of individual interests. Drawing on previous free speech scholarship and case studies of controversial speech, Redish advances a theory of free expression grounded in democratic notions of self-promotion and controlled adversary conflict, making a strong case for its application across such areas as commercial speech, campaign spending, and anonymous speech.

The Harm in Hate Speech

Author: Jeremy Waldron
Publisher: Harvard University Press
ISBN: 0674065085
Format: PDF, Mobi
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For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Waldron rejects this view, and makes the case that hate speech should be regulated as part of a commitment to human dignity and to inclusion and respect for members of vulnerable minorities.

The Tyranny of Silence

Author: Flemming Rose
Publisher: Cato Institute
ISBN: 1944424105
Format: PDF, ePub
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Journalists face constant intimidation. Whether it takes the extreme form of beheadings, death threats, government censorship or simply political correctness—it casts a shadow over their ability to tell a story. When the Danish newspaper Jyllands-Posten published the cartoons of the prophet Muhammad nine years ago, Denmark found itself at the center of a global battle about the freedom of speech. The paper's culture editor, Flemming Rose, defended the decision to print the 12 drawings, and he quickly came to play a central part in the debate about the limitations to freedom of speech in the 21st century. In The Tyranny of Silence, Flemming Rose writes about the people and experiences that have influenced his understanding of the crisis, including meetings with dissidents from the former Soviet Union and ex-Muslims living in Europe. He provides a personal account of an event that has shaped the debate about what it means to be a citizen in a democracy and how to coexist in a world that is increasingly multicultural, multireligious, and multiethnic.

Electronic Media Law

Author: Roger L. Sadler
Publisher: SAGE
ISBN: 9781412905886
Format: PDF
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Electronic Media Law is written for mass media students, not for future lawyers, so the text is straightforward and explains "legalese." The author covers First Amendment law, political broadcasting rules, broadcast content regulations, FCC rules for station operations, cable regulation, media ownership rules, media liability lawsuits, intrusive newsgathering methods, media restrictions during wartime, libel, privacy, copyright, advertising law, freedom of information, cameras in the court, and privilege.