Discursive Constructions of Consent in the Legal Process

Susan Ehrlich · Diana Eades · Janet Ainsworth

feb 2016 · Oxford University Press

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As a linguistically-grounded, critical examination of consent, this volume views consent not as an individual mental state or act but as a process that is interactionally-and discursively-situated. It highlights the ways in which legal consent is often fictional (at best) due to the impoverished view of meaning and the linguistic ideologies that typically inform interpretations and representations in the legal system. The authors are experts in linguistics and law, who use diverse theoretical and analytical approaches to examine the complex ways in which language is used to seek, negotiate, give, or withhold consent in a range of legal contexts. Authors draw on case studies, or larger research corpora or a wider sociolegal approach, in investigations of: police-citizen interactions in the street, police interviews with suspects, police call handlers, rape and abduction trials, interactions with lay litigants in a multilingual small claims court, a restorative justice sentencing scheme for young offenders, biomedical research, and legal disputes over contracts.

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Susan Ehrlich is Professor of Linguistics at York University in Toronto. Diana Eades is Adjunct Professor at University of New England. Janet Ainsworth is the John D. Eshelman Professor of Law at Seattle University and Research Professor in the Research Center for Legal Translation at China University of Political Science and Law.