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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
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Discursive Constructions of Consent in the Legal Process

Edited by: Susan Ehrlich, Diana Eades, Janet Ainsworth

ISBN13: 9780199945351
Published: February 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £47.99

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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.

Chapter 1
Introduction: Linguistic and Discursive Dimensions of Consent
Susan Ehrlich and Diana Eades

Section 1: Free and voluntary consent
Chapter 2
Culture, cursing, and coercion: The impact of police officer swearing on the voluntariness of consent to search in police-citizen interactions
Janet Ainsworth
Chapter 3
Post-penetration rape: Coercion or freely-given consent?
Susan Ehrlich
Chapter 4
Erasing context in the courtroom construal of consent
Diana Eades

Section 2: Informed consent vs. ritualized consent
Chapter 5
Talking the ethical turn: Drawing on tick-box consent in policing
Frances Rock
Chapter 6
Transparent and opaque consent in contract formation
Lawrence Solan
Chapter 7
The empty performative?: Informed consent to genetic research
John Conley, R. Jean Cadigan and Arlene Davis
Section 3: The influence of discursive practices
Chapter 8
Promoting litigant consent to arbitration in multilingual small claims court
Philipp Sebastian Angermeyer
Chapter 9
Consent and compliance in youth justice conferences?
Michele Zappavigna, Paul Dwyer and J. R. Martin
Chapter 10
Non-consent and discursive resistance: Radical reformulation in a post-sting police interview
Philip Gaines
Section 4: The coercive force of cautions
Chapter 11
Totality of circumstances and translating the Miranda warnings
Susan Berk-Seligson
Chapter 12
Negotiating the right to remain silent in inquisitorial trials
Fleur van der Houwen and Guusje Jol
Chapter 13
'No comment' responses to questions in police investigative interviews
Elizabeth Stokoe, Derek Edwards and Helen Edwards

Series: Oxford Studies in Language and Law

Discourse, Identity, and Social Change in the Marriage Equality Debates ISBN 9780190217969
Published June 2016
Oxford University Press USA
Discursive Constructions of Consent in the Legal Process (eBook) ISBN 9780190613891
Published February 2016
Oxford University Press
£39.99 + £8.00 VAT
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases (eBook) ISBN 9780190263904
Published December 2015
Oxford University Press USA
£16.66 + £3.33 VAT
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases ISBN 9780199334162
Published December 2015
Oxford University Press USA