Law, Language and the Courtroom Legal Linguistics and the Discourse of Judges

This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse -the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors includelegal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, whoexplore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.

Editors’ Introduction Stanislaw Gozdz-Roszkowski & Gianluca Pontrandolfo Foreword - Dieter Stein PART 1. CONSTRUCTING JUDICIAL DISCOURSE AND JUDICIAL IDENTITIES 1. The Judicial Eurolect and EU English: a genre profiling of CJEU judgments - Lucja Biel, Dariusz Kozbial, Dariusz Müller 2. Evidentiality in US Supreme Court opinions: focus on passive structures with say and tell - Magdalena Szczyrbak 3. Standardization in judicial discourse: the case of the evolution of the French arrêts de la Cour de cassation and the use of forms in European procedural law - Margarete Flöter-Durr & Paulina Nowak-Korcz 4. The ‘consensus’ case law of the European Court of Human Rights in light of the Court’s legitimacy over time - Anne Lise Kjaer 5. Spider Woman beats Hulk: Baroness Hale and the prorogation of Parliament - Ruth Breeze PART 2. JUDICIAL ARGUMENTATION AND EVALUATIVE LANGUAGE 6. Making a corpus-linguistic U-turn in multilingual adjudication - Martina Bajcic 7. Evaluative language and strategic manoeuvring in the Justification of Judicial Decisions. The case of Teleological-Evaluative Argumentation - Stanislaw Gozdz-Roszkowski 8. "…without proof of negligence or a causative connection…": On causal argumentation in Supreme Court of Ireland’s judgments on data protection - Davide Mazzi 9. A corpus-based comparative analysis of the evaluative lexicon found in judicial decisions on immigration - María José Marín Pérez PART 3. JUDICIAL INTERPRETATION 10. Pedagogies of Context: Language Ideology and Expression Rights at the European Court of Human Rights - Jessica Greenberg 11. Free speech, artistic expression and blasphemy laws within the ECHR margin of appreciation - Joanna Kulesza 12. The United States Supreme Court’s Language of Racism - Kathryn Stanchi 13. Do the Words of the American Constitution Still Matter? The Question of "the Meaning of Meaning", in Current Judicial Argumentation - Anna Tomza-Tulejska & James Patrick Higgins 14. How interdisciplinarity could improve the scientific value of legal studies of international judicial decisions - Marek Jan Wasinìski PART 4. CLARITY IN JUDICIAL DISCOURSE 15. Conveying the right message: principles and problems of multilingual communication at the European Court of Human Rights - James Brannan 16. Concision and Clarity in Italian Court Proceedings - Antonio Muraand Jacqueline Visconti

Stanislaw Gozdz-Roszkowski is Associate Professor and Head of the Department of Specialised Languages and Intercultural Communication, University of Lodz (Poland), where he has been teaching various seminars in specialised communication and legal discourse analysis. His research focuses on functional and corpus-based approaches to the study of judicial discourse in US and Polish courts. He has published widely in the area of variation in legal language, legal phraseology and communicating evaluative meanings in judicial opinions. He is now involved in researching legal argumentation in the justification of judicial decisions. Gianluca Pontrandolfo holds a PhD in translation and interpreting studies. He is currently Senior Research Fellow at the University of Trieste (Italy) in the Department of Legal, Language, Interpreting and Translation Studies (IUSLIT), where he lectures on specialised translation from Spanish into Italian. His research interests include corpus linguistics, legal phraseology, legal translation training, Languages for Special Purposes, genre analysis and corpus-assisted critical discourse studies. He has published widely in the area of legal and judicial discourse from a contrastive corpus-based perspective.