Language in the Negotiation of Justice

Language in the Negotiation of Justice
Author: Girolamo Tessuto
Publisher: Routledge
Total Pages: 326
Release: 2016-04-15
Genre: Law
ISBN: 1317107985

This book explores the ways language is used by the professional legal community for the communication of its main business - the negotiation of justice - in today’s globalized world. The volume addresses three main aspects of language use in the negotiation of justice. Beginning with the legal contexts of litigation, arbitration and mediation, the book moves on to discuss the main issues identified in those contexts and finally it explores the applications of legal linguistics. These three aspects are studied across the themes of analyses of legal discourse and genres, issues of power and ideology in the use of legal language, cross-cultural legal communication, questions of recontextualization, accessibility and plain language, law and disciplinary identity, and pedagogy of legal language. With chapters set across a variety of jurisdictions, the contributions offer analytical insights into the interface between law and language. The book is a valuable resource for those in the legal community wishing to increase their understanding of the use of language for the negotiation of justice.

Peace Versus Justice

Peace Versus Justice
Author: I. William Zartman
Publisher: Rowman & Littlefield
Total Pages: 356
Release: 2005
Genre: Political Science
ISBN: 0742536289

This book examines the costs and benefits of ending the fighting in a range of conflicts, and probes the reasons why negotiators provide, or fail to provide, resolutions that go beyond just 'stopping the shooting.' A wide range of case studies is marshaled to explore relevant peacemaking situations, from the end of the Thirty Years' War and the Napoleonic Wars, to more recent settlements of the late 20th and early 21st centuries--including large scale conflicts like the end of WWII and smaller scale, sometimes internal conflicts like those in Cyprus, Armenia and Azerbaijan, and Mozambique. Cases on Bosnia and the Middle East add extra interest.

Inside Plea Bargaining

Inside Plea Bargaining
Author: D.W. Maynard
Publisher: Springer Science & Business Media
Total Pages: 264
Release: 2013-06-29
Genre: Philosophy
ISBN: 1489903720

Negotiation is a ubiquitous part of social life. Some even say that social order itself is a negotiated phenomenon. Yet the study of negotiation as an actual discourse activity, occurring between people who have substantial interests and tasks in the real social world, is in its infancy. This is the more surprising because plea bargaining, as a specific form of negotiation, has recently been the center of an enormous amount of research attention. Much of the concern has been directed to basic ques tions of justice, such as how fair the process is, whether it is unduly coercive, and whether it accurately separates the guilty from the innocent. A study such as mine does not try to answer these sorts of questions. I believe that we are not in a position to answer them until we approach plea bargaining on its own complex terms. Previous studies that have attempted to provide a general picture of the process as a way to assess its degree of justness have neglected the specific skills by which prac titioners bargain and negotiate, the particular procedures through which various surface features such as character assessment are accomplished, and concrete ways in which justice is administered and, simultaneously, caseloads are managed.

Municipal Officials, Their Public, and the Negotiation of Justice in Medieval Languedoc

Municipal Officials, Their Public, and the Negotiation of Justice in Medieval Languedoc
Author: Patricia Turning
Publisher: BRILL
Total Pages: 207
Release: 2012-09-28
Genre: History
ISBN: 9004234659

In Municipal Officials, Their Public, and the Negotiation of Justice in Medieval Languedoc, Turning examines the public’s role in shaping municipal policies through demonstrations in the city streets or through their contact with local administrators in fourteenth-century Toulouse. The text explores police brutality, town and gown rows, explosive neighborhood disputes, and communal demands for public punishments, all of which were a way residents could engage and participate in their local judicial system. The book contextualizes this interaction to the era after the French king conquered the city, and began his efforts to integrate the region into the royal domain. Turning argues that this process of assimilation was only complete after officials and the urban public tested and negotiated the transition in everyday life.

Language and the Right to Fair Hearing in International Criminal Trials

Language and the Right to Fair Hearing in International Criminal Trials
Author: Catherine S. Namakula
Publisher: Springer Science & Business Media
Total Pages: 165
Release: 2013-10-07
Genre: Law
ISBN: 331901451X

Language and the Right to Fair Hearing in International Criminal Trials explores the influence of the dynamic factor of language on trial fairness in international criminal proceedings. By means of empirical research and jurisprudential analysis, this book explores the implications that conducting a trial in more than one language can have for the right to fair trial. It reveals that the language debate is as old as international criminal justice, but due to misrepresentation of the status of language fair trial rights in international law, the debate has not yielded concrete reforms. Language is the core foundation for justice. It is the means through which the rights of the accused are secured and exercised. Linguistic complexities such as misunderstandings, translation errors and cultural distance among participants in international criminal trials affect courtroom communication, the presentation and the perception of the evidence, hence jeopardizing the foundations of a fair trial. The author concludes that language fair trial rights are priority rights situated in the minimum guarantees of fair criminal trial; the obligation of the court to ensure fair trial or accord the accused person a fair hearing also includes the duty to ensure they can understand and be understood.

Transitional Justice in Comparative Perspective

Transitional Justice in Comparative Perspective
Author: Samar El-Masri
Publisher: Springer Nature
Total Pages: 244
Release: 2020-01-17
Genre: Political Science
ISBN: 3030349179

What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.

Language and Social Justice

Language and Social Justice
Author: Kathleen C. Riley
Publisher: Bloomsbury Publishing
Total Pages: 521
Release: 2024-02-22
Genre: Language Arts & Disciplines
ISBN: 1350156264

Language, whether spoken, written, or signed, is a powerful resource that is used to facilitate social justice or undermine it. The first reference resource to use an explicitly global lens to explore the interface between language and social justice, this volume expands our understanding of how language symbolizes, frames, and expresses political, economic, and psychic problems in society, thus contributing to visions for social justice. Investigating specific case studies in which language is used to instantiate and/or challenge social injustices, each chapter provides a unique perspective on how language carries value and enacts power by presenting the historical contexts and ethnographic background for understanding how language engenders and/or negotiates specific social justice issues. Case studies are drawn from Africa, Asia, Europe, North and South America and the Pacific Islands, with leading experts tackling a broad range of themes, such as equality, sovereignty, communal well-being, and the recognition of complex intersectional identities and relationships within and beyond the human world. Putting issues of language and social justice on a global stage and casting light on these processes in communities increasingly impacted by ongoing colonial, neoliberal, and neofascist forms of globalization, Language and Social Justice is an essential resource for anyone interested in this area of research.

Language Policy and Linguistic Justice

Language Policy and Linguistic Justice
Author: Michele Gazzola
Publisher: Springer
Total Pages: 535
Release: 2018-09-03
Genre: Business & Economics
ISBN: 3319752634

Language policies are increasingly acknowledged as being a necessary component of many decisions taken in the areas of the labor market, education, minority languages, mobility, and social inclusion of migrants. They can affect the democratic control of political organizations, and they can either entrench or reduce inequalities. These are the central topics of this book. Economists, philosophers, political scientists, and sociolinguists discuss – from an interdisciplinary perspective – the distributive socio-economic effects of language policies, their impact on justice and inequality at the national or international level, as well as the connection between language choices and an inclusive access to public services. The range of social and economic issues raised by linguistic diversity in contemporary societies is large, and this requires new approaches to tackle them. This book provides new input to design better, more efficient, and fair language policies in order to manage linguistic diversity in different areas. Topics covered include: theoretical models of linguistic justice and linguistic disadvantage; the assessment of the socio-economic consequences of language policies; the evaluation of the costs, benefits, and degree of inclusion of language planning measures; the politics of migrants’ linguistic integration; as well as multilingualism and economic activities. These topics are discussed in different contexts, including the areas inhabited by linguistic minorities, cities receiving migrants, and supranational organizations.