This book offers new insight into one of the most disturbing social problems of modern societies: rape. Using tape recordings of actual trials, Gregory M. Matoesian looks at the social construction of rape trials and at how a woman's experience of violation can be transformed in the courtroom into an act of routine, consensual sex. Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women. Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.
Matoesian uses the notorious 1991 rape trial of William Kennedy Smith to provide an indepth analysis of language use and its role in that trial and the law more generally.
In this volume, Gregory Matoesian uses the notorious 1991 rape trial of William Kennedy Smith to provide an in-depth analysis of language use and its role in that specific trial as well as in the law in general. He draws on the fields of conversation analysis, ethnomethodology, linguistic anthropology and social theory to show how language practices shape--and are shaped by--culture and the law, particularly in the social construction of rape as a legal fact. This analysis examines linguistic strategies from both defense and prosecutorial viewpoints, and how they relate to issues of gender, sexual identity, and power.
This book offers new insight into one of the most disturbing social problems of modern societies: rape. Using tape recordings of actual trials, Gregory M. Matoesian looks at the social construction of rape trials and at how a woman's experience of violation can be transformed in the courtroom into an act of routine, consensual sex. Matoesian examines the language of the courtroom, focusing on how defense lawyers interpret and classify rape in a way that makes the victim's experience appear as a normal sexual encounter. He analyzes the language that defense attorneys use in cross-examination to argue that courtroom talk can shape the victim's testimony to fit male standards of legitimate sexual practice. On this view, cross-examination is an adversarial war of words through which lawyers manipulate reality and perpetuate the patriarchal domination of women. Reproducing Rape will interest students and professionals in law, criminology, sociology, feminist theory, linguistics, and anthropology.
The study of language and law has seen explosive growth in the past twenty-five years. Research on police interrogations, trial examination, jury deliberation, plea bargains, same sex marriage, to name a few, has shown the central role of written and oral forms of language in the construction of legal meaning. However, there is another side of language that has rarely been analyzed in legal settings: the role of gesture and how it integrates with language in the law. This is the first book-length investigation of language and multimodal conduct in the law. Using audio-video tapes from a famous rape trial, Matoesian and Gilbert examine legal identity and impression management in the sociocultural performance of precedent, expert testimony, closing argument, exhibits, reported speech and trial examination. Drawing on insights from Jakobson and Silverstein, the authors show how the poetic function inheres not only in language but multimodal conduct generally. Their analysis opens up new empirical territory for both forensic linguistics and gesture studies.
Moving beyond a narrow preoccupation with talk on a topic, Gilbert and Matoesian take a novel direction to focus group analysis. They address how multimodal resources orchestrate communal relations and professional identities, linking macro orders of space-time to microcosmic action in a focus group evaluation of community policing training.
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