30 resultados para Legal discourse analysis
em Aston University Research Archive
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Editorial
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Political discourse very often relies on translation. Political Discourse Analysis (PDA), however, has not yet taken full account of the phenomenon of translation. This paper argues that the disciplines of Translation Studies (TS) and PDA can benefit from closer cooperation. It starts by presenting examples of authentic translations of political texts, commenting on them from the point of view of TS. These examples concern political effects caused by specific translation solutions; the processes by which information is transferred via translation to another culture; and the structure and function of equally valid texts in their respective cultures. After a brief survey of the discipline of Translation Studies, the paper concludes with outlining scope for interdisciplinary cooperation between PDA and TS. This is illustrated with reference to an awareness of product features, multilingual texts, process analysis, and the politics of translation.
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This chapter serves three very important functions within this collection. First, it aims to make the existence of FPDA better known to both gender and language researchers and to the wider community of discourse analysts, by outlining FPDA’s own theoretical and methodological approaches. This involves locating and positioning FPDA in relation, yet in contradistinction to, the fields of discourse analysis to which it is most often compared: Critical Discourse Analysis (CDA) and, to a lesser extent, Conversation Analysis (CA). Secondly, the chapter serves a vital symbolic function. It aims to contest the authority of the more established theoretical and methodological approaches represented in this collection, which currently dominate the field of discourse analysis. FPDA considers that an established field like gender and language study will only thrive and develop if it is receptive to new ways of thinking, divergent methods of study, and approaches that question and contest received wisdoms or established methods. Thirdly, the chapter aims to introduce some new, experimental and ground-breaking FPDA work, including that by Harold Castañeda-Peña and Laurel Kamada (same volume). I indicate the different ways in which a number of young scholars are imaginatively developing the possibilities of an FPDA approach to their specific gender and language projects.
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It has been widely recognised that an in-depth textual analysis of a source text is relevant for translation. This book discusses the role of discourse analysis for translation and translator training. One particular model of discourse analysis is presented in detail, and its application in the context of translator training is critically examined.
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This study investigates the discursive patterns of interactions between police interviewers and women reporting rape in significant witness interviews. Data in the form of video recorded interviews were obtained from a UK police force for the purposes of this study. The data are analysed using a multi-method approach, incorporating tools from micro-sociology, Conversation Analysis and Discursive Psychology, to reveal patterns of interactional control, negotiation, and interpretation. The study adopts a critical approach, which is to say that as well as describing discursive patterns, it explains them in light of the discourse processes involved in the production and consumption of police interview talk, and comments on the relationship between these discourse processes and the social context in which they occur. A central focus of the study is how interviewers draw on particular interactional resources to shape interviewees? accounts in particular ways, and this is discussed in relation to the institutional role of the significant witness interview. The discussion is also extended to the ways in which mainstream rape ideology is both reflected in, and maintained by, the discursive choices of participants. The findings of this study indicate that there are a number of issues to be addressed in terms of the training currently offered to officers at Level 2 of the Professionalising Investigation Programme (PIP) (NPIA, 2009) who intend to conduct significant witness interviews. Furthermore, a need is identified to bring the linguistic and discursive processes of negotiation and transformation identified by the study to the attention of the justice system as a whole. This is a particularly pressing need in light of judicial reluctance to replace written witness statements, the current „end product? of significant witness interviews, with the video recorded interview in place of direct examination in cases of rape.
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Purpose: The purpose of this paper is to examine the quality of evidence collected during interview. Current UK national guidance on the interviewing of victims and witnesses recommends a phased approach, allowing the interviewee to deliver their free report before any questioning takes place, and stipulating that during this free report the interviewee should not be interrupted. Interviewers, therefore, often find it necessary during questioning to reactivate parts of the interviewee's free report for further elaboration. Design/methodology/approach: The first section of this paper draws on a collection of police interviews with women reporting rape, and discusses one method by which this is achieved - the indirect quotation of the interviewee by the interviewer - exploring the potential implications for the quality of evidence collected during this type of interview. The second section of the paper draws on the same data set and concerns itself with a particular method by which information provided by an interviewee has its meaning "fixed" by the interviewer. Findings: It is found that "formulating" is a recurrent practice arising from the need to clarify elements of the account for the benefit of what is termed the "overhearing audience" - in this context, the police scribe, CPS, and potentially the Court. Since the means by which this "fixing" is achieved necessarily involves the foregrounding of elements of the account deemed to be particularly salient at the expense of other elements which may be entirely deleted, formulations are rarely entirely neutral. Their production, therefore, has the potential to exert undue interviewer influence over the negotiated "final version" of interviewees' accounts. Originality/value: The paper highlights the fact that accurate re-presentations of interviewees' accounts are a crucial tool in ensuring smooth progression of interviews and that re-stated speech and formulation often have implications for the quality of evidence collected during significant witness interviews. © Emerald Group Publishing Limited.
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Feminist poststructuralist discourse analysis (FPDA) is an approach to analyzing spoken interactions that focuses on the ways in which speakers negotiate their subject positions within competing and interwoven discourses. This article identifies the theoretical background to FPDA, its key principles, its distinctiveness from other approaches such as critical discourse analysis, and outlines some of the main directions in current research.
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Book reviews
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This study analyses the current role of police-suspect interview discourse in the England & Wales criminal justice system, with a focus on its use as evidence. A central premise is that the interview should be viewed not as an isolated and self-contained discursive event, but as one link in a chain of events which together constitute the criminal justice process. It examines: (1) the format changes undergone by interview data after the interview has taken place, and (2) how the other links in the chain – both before and after the interview – affect the interview-room interaction itself. It thus examines the police interview as a multi-format, multi-purpose and multi-audience mode of discourse. An interdisciplinary and multi-method discourse-analytic approach is taken, combining elements of conversation analysis, pragmatics, sociolinguistics and critical discourse analysis. Data from a new corpus of recent police-suspect interviews, collected for this study, are used to illustrate previously unaddressed problems with the current process, mainly in the form of two detailed case studies. Additional data are taken from the case of Dr. Harold Shipman. The analysis reveals several causes for concern, both in aspects of the interaction in the interview room, and in the subsequent treatment of interview material as evidence, especially in the light of s.34 of the Criminal Justice and Public Order Act 1994. The implications of the findings for criminal justice are considered, along with some practical recommendations for improvements. Overall, this study demonstrates the need for increased awareness within the criminal justice system of the many linguistic factors affecting interview evidence.
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Based on Goffman’s definition that frames are general ‘schemata of interpretation’ that people use to ‘locate, perceive, identify, and label’, other scholars have used the concept in a more specific way to analyze media coverage. Frames are used in the sense of organizing devices that allow journalists to select and emphasise topics, to decide ‘what matters’ (Gitlin 1980). Gamson and Modigliani (1989) consider frames as being embedded within ‘media packages’ that can be seen as ‘giving meaning’ to an issue. According to Entman (1993), framing comprises a combination of different activities such as: problem definition, causal interpretation, moral evaluation, and/or treatment recommendation for the item described. Previous research has analysed climate change with the purpose of testing Downs’s model of the issue attention cycle (Trumbo 1996), to uncover media biases in the US press (Boykoff and Boykoff 2004), to highlight differences between nations (Brossard et al. 2004; Grundmann 2007) or to analyze cultural reconstructions of scientific knowledge (Carvalho and Burgess 2005). In this paper we shall present data from a corpus linguistics-based approach. We will be drawing on results of a pilot study conducted in Spring 2008 based on the Nexis news media archive. Based on comparative data from the US, the UK, France and Germany, we aim to show how the climate change issue has been framed differently in these countries and how this framing indicates differences in national climate change policies.
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This chapter explores the different ways in which discourse-analytic approaches reveal the ‘meaningfulness’ of text and talk. It reviews four diverse approaches to discourse analysis of particular value for current research in linguistics: Conversation Analysis (CA), Discourse Analysis (DA), Critical Discourse Analysis (CDA) and Feminist Post-structuralist Discourse Analysis (FPDA). Each approach is examined in terms of its background, motivation, key features, and possible strengths and limitations in relation to the field of linguistics. A key way to schematize discourse-analytic methodology is in terms of its relationship between microanalytical approaches, which examine the finer detail of linguistic interactions in transcripts, and macroanalytical approaches, which consider how broader social processes work through language (Heller, 2001). This chapter assesses whether there is a strength in a discourse-analytic approach that aligns itself exclusively with either a micro- or macrostrategy, or whether, as Heller suggests, the field needs to fi nd a way of ‘undoing’ the micro–macro dichotomy in order to produce richer, more complex insights within linguistic research.
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This thesis reports the findings of three studies examining relationship status and identity construction in the talk of heterosexual women, from a feminist and social constructionist perspective. Semi-structured interviews were conducted with 12 women in study 1 and 13 women for study 2, between the ages of twenty and eighty-seven, discussing their experiences of relationships. All interviews were transcribed and analysed using discourse analysis, by hand and using the Nudist 6 program. The resulting themes create distinct age-related marital status expectations. Unmarried women were aware they had to marry by a ‘certain age’ or face a ‘lonely spinsterhood’. Through marriage women gained a socially accepted position associated with responsibility for others, self-sacrifice, a home-focused lifestyle and relational identification. Divorce was constructed as the consequence of personal faults and poor relationship care, reassuring the married of their own control over their status. Older unmarried women were constructed as deviant and pitiable, occupying social purgatory as a result of transgressing these valued conventions. Study 3 used repertory grid tasks, with 33 women, analysing transcripts and notes alongside numerical data using Web Grid II internet analysis tool, to produce principle components maps demonstrating the relationships between relationship terms and statuses. This study illuminated the consistency with which women of different ages and status saw marriage as their ideal living situation and outlined the domestic responsibilities associated. Spinsters and single-again women were defined primarily by their lack of marriage and by loneliness. This highlighted the devalued position of older unmarried women. The results of these studies indicated a consistent set of age-related expectations of relationship status, acknowledged by women and reinforced by their families and friends, which render many unmarried women deviant and fail to acknowledge the potential variety of women’s ways of living.