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Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Words: Law, Language, and Power, Third Edition (Chicago Series in Law and Society)
by John M. Conley William M. O'Barr Robin Conley RinerIs it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
Just Work: Get it Done, Fast and Fair
by Kim Scott'Powerful and perceptive . . . belongs on the shelves – and in the hearts and minds – of leaders everywhere.'Daniel H. Pink, bestselling author of To Sell is HumanFrom Kim Scott, author of the revolutionary New York Times bestseller Radical Candor, comes Just Work: Get it Done, Fast and Fair – how we can recognize, attack and eliminate workplace injustice – and transform our careers and organizations in the process. We – all of us – consistently exclude, underestimate and under-utilize huge numbers of people in the workforce even as we include, overestimate and promote others, often beyond their level of competence. Not only is this immoral and unjust, it’s bad for business. Just Work is the solution. Just Work is Kim Scott’s new book, revealing a practical framework for both respecting everyone’s individuality and collaborating effectively. This is the essential guide leaders and their employees need to create more just workplaces and establish new norms of collaboration and respect.
Justice: Views from the Social Sciences (Critical Issues in Social Justice)
by Ronald L. CohenRonald L. Cohen Justice is a central moral standard in social life. It is invoked in judging individual persons and in judging the basic structure of societies. It has been described as akin to a "human hunger or thirst" (Pascal, Pensees, cited in Hirschman, 1982, p. 91), "more powerful than any physical hunger, and endlessly resilient" (Pitkin, 1981, p. 349). The most prominent contemporary theory of justice proceeds from the claim that justice is "the first virtue of social institutions, as truth is systems of thought" (Rawls, 1971, p. 3). However, as the following chapters demonstrate, justice has a complex and controversial history. If, as has been claimed, justice is a central category of human thought and a central aspect of human motivation, can it also be the case that to invoke justice is no more than "banging on the table: an emotional expression which turns one's demand into an absolute postulate" (Ross, 1959, p. 274)? If justice is the first virtue of social institutions, can the concept of social or economic justice at the same time be "entirely empty and meaningless" so that any attempt to employ it is "either thoughtless or fraudulent" (Hayek, 1976, pp. xi-xii)? In a formal sense, justice concerns ensuring that each person receives what she or he is due.
Justice and Cities: Metro Morals
by Mark DavidsonThis book explores different theories of justice and explains how these connect to broader geographical questions and inform our understanding of urban problems. Since philosophers like Socrates debated in the ancient agora, cities have prompted arguments about the best ways to live together. Cities have also produced some of the most vexing moral problems, including the critical question of what obligations we have to people we neither know nor affiliate with. The first part of this book outlines the most well-developed answers to these questions: the justice theories of Utilitarianism, Libertarianism, Liberalism, Marxism, Communitarianism, Conservativism, and recent "post" critiques. Within each theory, we find a set of geographical propensities that shape the ways purveyors of the theories see the city and its moral problems. The central thesis of the book is therefore that competing moral theories have distinct geographical concerns and perspectives, and that these propensities often condition how the city and its injustices are understood. The second part of the book features three studies of contemporary urban problems – gentrification, segregation, and (un)affordability – to demonstrate how predominant justice theories generate distinctive moral and geographical interpretations. This book therefore serves as an urbanist’s guide to justice theory, written for undergraduates and postgraduates studying human geography, urban and municipal planning, urban theory and urban politics, sociology, and politics and government.
Justice and Cities: Metro Morals
by Mark DavidsonThis book explores different theories of justice and explains how these connect to broader geographical questions and inform our understanding of urban problems. Since philosophers like Socrates debated in the ancient agora, cities have prompted arguments about the best ways to live together. Cities have also produced some of the most vexing moral problems, including the critical question of what obligations we have to people we neither know nor affiliate with. The first part of this book outlines the most well-developed answers to these questions: the justice theories of Utilitarianism, Libertarianism, Liberalism, Marxism, Communitarianism, Conservativism, and recent "post" critiques. Within each theory, we find a set of geographical propensities that shape the ways purveyors of the theories see the city and its moral problems. The central thesis of the book is therefore that competing moral theories have distinct geographical concerns and perspectives, and that these propensities often condition how the city and its injustices are understood. The second part of the book features three studies of contemporary urban problems – gentrification, segregation, and (un)affordability – to demonstrate how predominant justice theories generate distinctive moral and geographical interpretations. This book therefore serves as an urbanist’s guide to justice theory, written for undergraduates and postgraduates studying human geography, urban and municipal planning, urban theory and urban politics, sociology, and politics and government.
Justice and Economic Violence in Transition (Springer Series in Transitional Justice #5)
by Dustin N. SharpThis book examines the role of economic violence (violations of economic and social rights, corruption, and plunder of natural resources) within the transitional justice agenda. Because economic violence often leads to conflict, is perpetrated during conflict, and continues afterwards as a legacy of conflict, a greater focus on economic and social rights issues in the transitional justice context is critical. One might add that insofar as transitional justice is increasingly seen as an instrument of peacebuilding rather than a simple political transition, focus on economic violence as the crucial “root cause” is key to preventing re-lapse into conflict. Recent increasing attention to economic issues by academics and truth commissions suggest this may be slowly changing, and that economic and social rights may represent the “next frontier” of transitional justice concerns. There remain difficult questions that have yet to be worked out at the level of theory, policy, and practice. Further scholarship in this regard is both timely, and necessary. This volume therefore presents an opportunity to fill an important gap. The project will bring together new papers by recognized and emerging scholars and policy experts in the field.
Justice and Injustice in Law and Legal Theory (The Amherst Series In Law, Jurisprudence, And Social Thought)
by Austin Sarat Thomas R. KearnsRunning through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law. Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law. Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense. The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science. Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing. Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.
Justice and Reform: Formative Years of the American Legal Service Programme
by Earl JohnsonThis is the first study of the origins, philosophy, creation, management, and impact of the American Legal Services Bureau. As such, it clearly and concisely describes the program’s role as a strategy for overcoming poverty. Timely, iifiportant, and unique, Justice and Reform provides the background and a comprehensive study of an endeavor that has been called both the most successful element of the war on poverty and the most stimulating development to occur in the American legal profession during the twentieth century.
Justice and Reform: Formative Years of the American Legal Service Programme
by Earl JohnsonThis is the first study of the origins, philosophy, creation, management, and impact of the American Legal Services Bureau. As such, it clearly and concisely describes the program’s role as a strategy for overcoming poverty. Timely, iifiportant, and unique, Justice and Reform provides the background and a comprehensive study of an endeavor that has been called both the most successful element of the war on poverty and the most stimulating development to occur in the American legal profession during the twentieth century.
Justice, Care, and the Welfare State
by Daniel EngsterWestern welfare states are in a period of significant transition. Changes in the nature of work and the family, the growing elderly population, and other developments over the past fifty years have rendered existing welfare policies largely out-of-step with economic and social conditions. While welfare state reform clearly raises important questions about justice and social policy, political philosophers have been slow to address it. Justice, Care, and the Welfare State takes up the important task of developing a theory of justice to guide contemporary welfare state reform. Applying normative political philosophy to public policy issues, it addresses questions such as: What role, if any, should states play in supporting families? Should the state support national health care and, if so, why and in what form? What does society owe to the elderly? What role should welfare states play in supporting disabled people? What obligations does the state have toward the poor? As distinct from many works of political philosophy, Justice, Care, and the Welfare State draws on empirical data about the populations and circumstances of existing Western societies and offers concrete policy advice for reforming welfare policies. Noting that many of the challenges confronting people in post-industrial societies involve issues of care, Engster draws on a public ethics of care to develop his theory of welfare state justice, outlining specific policy proposals in the areas of the family, education, health care, old age pensions and long-term care, disability, and poverty and unemployment. The book offers important insights into how Western welfare states can be reformed in light of recent economic and social changes in order better to promote justice. It should be of interest to political philosophers, welfare state scholars, public policy analysts, and others interested in thinking about contemporary policy reform and justice.
Justice, Education and the Politics of Childhood: Challenges and Perspectives (Philosophy and Politics - Critical Explorations #1)
by Johannes Drerup Gunter Graf Christoph Schickhardt Gottfried SchweigerThis volume contributes to the ongoing interdisciplinary controversies about the moral, legal and political status of children and childhood. It comprises essays by scholars from different disciplinary backgrounds on diverse theoretical problems and public policy controversies that bear upon different facets of the life of children in contemporary liberal democracies. The book is divided into three major parts that are each organized around a common general theme. The first part (“Children and Childhood: Autonomy, Well-Being and Paternalism”) focusses on key concepts of an ethics of childhood. Part two (“Justice for Children”) contains chapters that are concerned with the topics of justice for children and justice during childhood. The third part (“The Politics of Childhood”) deals with issues that concern the importance of `childhood´ as a historically contingent political category and its relevance for the justification and practical design of political processes and institutions that affect children and families.
Justice, Education, and the World of Today: Philosophical Investigations (Routledge International Studies in the Philosophy of Education)
by Inga Bostad Marianna Papastephanou Torill StrandThis edited book challenges the limits of current educational philosophical discourse and argues for a restored normativisation of education through a powerful notion of justice.Moving beyond conventional paradigms of how justice and education relate, the book rethinks the promotion of justice in, for, and through education in its current state. Chapters combine international and diverse philosophical perspectives with a focus on contemporary issues, such as climate change, the COVID-19 pandemic, racism, and migrant crises. Divided into three distinct parts, the book explores the ontological and socio-political grounds underlying our notions of education and justice, and offers self-reflective meta-critique on education philosophers’ tendency of promoting and upholding orthodox visions and missions. Ultimately, the book offers contemporary and innovative philosophical reflections on the link between justice and education, and enriches the discourse through a multi-perspectival and sensitive exploration of the topic. It will be of great interest to scholars, researchers, and postgraduate students in the fields of philosophy of education, education policy and politics, education studies, and social justice.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. Funded by University of Oslo.
Justice, Education, and the World of Today: Philosophical Investigations (Routledge International Studies in the Philosophy of Education)
This edited book challenges the limits of current educational philosophical discourse and argues for a restored normativisation of education through a powerful notion of justice.Moving beyond conventional paradigms of how justice and education relate, the book rethinks the promotion of justice in, for, and through education in its current state. Chapters combine international and diverse philosophical perspectives with a focus on contemporary issues, such as climate change, the COVID-19 pandemic, racism, and migrant crises. Divided into three distinct parts, the book explores the ontological and socio-political grounds underlying our notions of education and justice, and offers self-reflective meta-critique on education philosophers’ tendency of promoting and upholding orthodox visions and missions. Ultimately, the book offers contemporary and innovative philosophical reflections on the link between justice and education, and enriches the discourse through a multi-perspectival and sensitive exploration of the topic. It will be of great interest to scholars, researchers, and postgraduate students in the fields of philosophy of education, education policy and politics, education studies, and social justice.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. Funded by University of Oslo.
Justice for the Poor: A Study of Criminal Defence Work (Routledge Revivals Ser.)
by Debra S. EmmelmanThis title was first published in 2003. In this study, the author examines the behavior of one group of court-appointed defence attorneys and reaches the conclusion that although, in contrast to popular opinion, these attorneys maintain an adversarial stance against the prosecutors and behave in a legally ethical (or "procedurally just") manner, case outcomes are unduly shaped by social class and are therefore substantively unjust. This occurs because poor defendants typically lack cultural rhetoric that favourably influences those who construct and operate the criminal court system. Ironically, this indicates that, in many cases, the process of plea bargaining may be more substantively just than trials. A major contribution of the study is the detailed analysis of the manner by which oppression and substantive injustice occur in the adjudication of many cases and how the cultural practices of the powerful can frequently misconstrue, exclude and mute the voices of the poor.
Justice for the Poor: A Study of Criminal Defence Work
by Debra S. EmmelmanThis title was first published in 2003. In this study, the author examines the behavior of one group of court-appointed defence attorneys and reaches the conclusion that although, in contrast to popular opinion, these attorneys maintain an adversarial stance against the prosecutors and behave in a legally ethical (or "procedurally just") manner, case outcomes are unduly shaped by social class and are therefore substantively unjust. This occurs because poor defendants typically lack cultural rhetoric that favourably influences those who construct and operate the criminal court system. Ironically, this indicates that, in many cases, the process of plea bargaining may be more substantively just than trials. A major contribution of the study is the detailed analysis of the manner by which oppression and substantive injustice occur in the adjudication of many cases and how the cultural practices of the powerful can frequently misconstrue, exclude and mute the voices of the poor.
Justice for Trans Athletes: Challenges and Struggles (Emerald Studies in Sport and Gender)
by Ali Durham Greey, Helen Jefferson LenskyjThe last decade has seen significant changes in global attitudes, policies and practices that impact the lives of trans people, but the world of sport has been slow to follow these initiatives. Contributors to this book document the formidable social-cultural and legal challenges facing trans athletes, particularly girls and women, at the global, national, and local levels, in contexts ranging from school sport to international competition. They demonstrate how proponents of trans exclusion rely on flawed or inconclusive science, selectively employed to support their purported goal of ‘protecting women’s sport’. Politicians in the US, UK, and elsewhere who have shown little interest in women or in sport exploit the issue to advance broader conservative agendas, while hostile mainstream and social media coverage exacerbates the problem. Bringing insights from sociology, philosophy, science and law, contributors present cogent analyses of these developments and explore the way forward, providing thoughtful and original recommendations for changes to policies and practices that are inclusive, innovative and democratic.
Justice for Trans Athletes: Challenges and Struggles (Emerald Studies in Sport and Gender)
by Ali Durham Greey Helen Jefferson LenskyjThe last decade has seen significant changes in global attitudes, policies and practices that impact the lives of trans people, but the world of sport has been slow to follow these initiatives. Contributors to this book document the formidable social-cultural and legal challenges facing trans athletes, particularly girls and women, at the global, national, and local levels, in contexts ranging from school sport to international competition. They demonstrate how proponents of trans exclusion rely on flawed or inconclusive science, selectively employed to support their purported goal of ‘protecting women’s sport’. Politicians in the US, UK, and elsewhere who have shown little interest in women or in sport exploit the issue to advance broader conservative agendas, while hostile mainstream and social media coverage exacerbates the problem. Bringing insights from sociology, philosophy, science and law, contributors present cogent analyses of these developments and explore the way forward, providing thoughtful and original recommendations for changes to policies and practices that are inclusive, innovative and democratic.