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Lexical characteristics of legal language
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Through observing legal proceedings undertaken at the Downing Centre’s district and local courts, it can be seen that power and power relations are expressed in the courtroom through many different aspects of the court performance. The courtroom is an intentionally organised space and therefore the structure of the courtroom and the positioning of key players are suggestive of the existing power disparity. The internal architecture of the courtroom is arranged in a manner whereby those in positions of power are able to exert their authority and warrant the respect of other players through means such as symbolic elevation, division and separation (Carlen, 1976: 50). The complex rules governing language used in proceedings also reflects the established hierarchy of the courtroom and highlights how the correlation between linguistic skills and power creates a substantial discrepancy between different players (Smith and Natalier, 2005: 125). The internal architecture of the courtroom and the rules regulating the use of language are two key areas in examining how power is exerted during court proceedings that are addressed in this report.
The internal architecture of the courtroom and the positioning of key players can be seen as a physical manifestation of the distribution of power. According to Carlen (1976: 50) spatial arrangements are indicative of the position or status of those involved in court proceedings and have a direct impact on the ability to actively participate in proceedings. Spatial positioning limits the interaction between those involved and reveals underlying sources of power disparity in the courtroom as those who hold a position of power are placed in a space where they can exert their dominance.
According to C...
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...een key players. The spatial positioning and internal structure of a courtroom allows those in positions of power to reinforce their status while the complexity of language used in the courtroom often distinguishes between those in positions of power and those in positions of subordination.
Bibliography:
Carlen, P 1976, ‘The Staging of Magistrate’s Justice’, British Journal of
Criminology, 16(1), pp. 48-55.
Chaemsaithong, K 2012, “Performing Self on the Witness Stand: Stance and Relational Work in Expert Testimony”, Discourse Society, 23(465), pp. 465-483.
Danet, B 1983, “Language in the Legal Process”, Linguistic Evidence, 220(4599) pp. 841-842.
Smith, P and Natalier, K 2005, Understanding Criminal Justice: Sociological
Perspectives, London: Sage
Stygall, G 2001, “A Different Class of Witnesses: Experts in the Courtroom” Discourse Studies, 3(327), pp. 327-346.
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