Sociolinguistics and the law

Abstract

Language use is central to everything that happens in the legal process, and legal professionals share with sociolinguists a fascination with how language works. Thus, the legal process is an institutional context of considerable interest to sociolinguists. From the beginnings of sociolinguistic investigations of language in the legal process, about three decades ago, there has been a focus on issues of power. This is hardly surprising, since legal systems exist in large measure to exercise control, over actions deemed unacceptable, unlawful, or unfair. Following the developments in sociolinguistic studies of language and the law provides an insight into the ways in which sociolinguistics as a discipline has theorized and examined power over the last three decades or so. It also provides a good view of broader developments within the discipline, in terms of approaches to data collection, analysis, and theory-building. Most sociolinguistic research on language and the law which has been published in English has been undertaken in the common law legal system, in countries such as Australia, Canada, the UK, and the USA as well as other former British colonies, with some work also in the continental legal system found in most of Europe. While there are many local variations, the most striking differences between the two systems lie in the adversarial nature of legal proceedings and the reliance on judge-made or case law in the common law system, in contrast to the inquisitorial nature of legal proceedings and the reliance on written codes of law in the continental legal system. Sociolinguistic research on the common law legal system in English-speaking countries has concentrated on criminal proceedings more than civil proceedings.