Griffith Law Review最新文献_第7页

Researching forensic linguistics: approaches and applications 研究法律语言学:方法和应用

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1899884

Gareth Lloyd

引用次数: 3

Communication and human rights within speech pathology 语言病理学中的交流与人权

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1932646

B. Mitchell

引用次数: 1

Shallow equality and symbolic jurisprudence in multilingual legal orders 多语言法律秩序中的浅平等与象征法学

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1899885

Ana Sofia Bruzon

引用次数: 1

Judicial reliance on the executive: tensions, discrepancies and recommendations for court interpreter service delivery models across Australian jurisdictions 司法对行政的依赖:澳大利亚司法管辖区法院口译服务交付模式的紧张、差异和建议

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.2014773

Benjamin K. Grimes

{"title":"Judicial reliance on the executive: tensions, discrepancies and recommendations for court interpreter service delivery models across Australian jurisdictions","authors":"Benjamin K. Grimes","doi":"10.1080/10383441.2021.2014773","DOIUrl":"https://doi.org/10.1080/10383441.2021.2014773","url":null,"abstract":"ABSTRACT In the past decade, there has been noticeable improvement in judicial attention and attitudes towards court interpreters, reflected in the implementation of various court interpreter protocols and the Recommended National Standards for Interpreters in Courts and Tribunals. However, this article identifies a number of discrepancies and gaps that still exist in the court interpreting framework in Australia. There are discrepancies across jurisdictions in the types of matters for which the court takes responsibility for engaging and paying for interpreters, and significantly different service delivery models for the funding, recruitment, training and coordination of interpreters. This study found a correlation between jurisdictions with centralised interpreting agencies and streamlined funding with courts who are more generous in their provision of interpreters and willingness to engage in innovative approaches such as the Northern Territory duty interpreter system. The article identifies service delivery frameworks which are more likely to enhance consistency and competence in court interpreters, concluding that centralised and government-funded agencies are more appropriate than small private for-profit agencies. The issues identified in relation to service delivery models illustrate judicial reliance on the executive branch of government to ensure a fair trial through the provision of interpreters. There are, however, immediate steps available to the judiciary such as a collection of data and implementation of small-scale duty interpreting, which are likely to precipitate more appropriate executive government policy responses to legal interpreting.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"30 1","pages":"71 - 96"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42845705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Expanding the law’s vocabulary – Indigenous-language legislation and multilingual treaty interpretation 扩大法律词汇——土著语言立法和多语言条约解释

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1895469

J. Murphy

引用次数: 3

Linguistic diversity as a challenge and an opportunity for improved legal policy 语言多样性是改进法律政策的挑战和机遇

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1996883

A. Grey, L. Smith-Khan

{"title":"Linguistic diversity as a challenge and an opportunity for improved legal policy","authors":"A. Grey, L. Smith-Khan","doi":"10.1080/10383441.2021.1996883","DOIUrl":"https://doi.org/10.1080/10383441.2021.1996883","url":null,"abstract":"ABSTRACT This article introduces this Themed Issue, Linguistic Diversity as a Challenge to Legal Policy, and reports a small, peer-reviewed study of the integration of research about language issues in legal contexts in Australian legal education. The article explains that interdisciplinary law and linguistics research has emerged to better understand potential inequalities and injustices. This research speaks to concerns shared across many legal systems because both multilingualism and inter-lingual prejudice are common phenomena across nations. The Themed Issue's eleven contributions draw scholarly attention to specific, current problems in legal contexts which relate to language practices and/or policies about language, arranged around the familiar three branches of the state (legislature, executive, judiciary). The Themed Issue is aimed at endowing readers with motivation and basic knowledge to tread new, language-aware routes towards solutions based on collaborative research and policy reform. In regards to integrating such research into legal education, our NSW and ACT study found few course offerings which focus on an intersection of linguistic and legal scholarship. We therefore suggest the development of electives or the inclusion of such material in core subjects (timely given the ‘Priestly 11’ compulsory subjects are under review at the time of writing).","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"30 1","pages":"1 - 17"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44267791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Explaining the right to silence under Anunga: 40 years of a policy about language 解释阿农加统治下的沉默权:40年的语言政策

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.2003938

A. Bowen

{"title":"Explaining the right to silence under Anunga: 40 years of a policy about language","authors":"A. Bowen","doi":"10.1080/10383441.2021.2003938","DOIUrl":"https://doi.org/10.1080/10383441.2021.2003938","url":null,"abstract":"ABSTRACT It has long been recognised that the right to silence ‘caution’ is difficult to communicate, particularly with some Aboriginal suspects. In a landmark 1976 decision Anunga, the Northern Territory Supreme Court provided guidelines about how police should explain the caution to Aboriginal suspects. As a result, cautions often develop into conversations where police explain the right and test understanding of it. The caution has also been translated into Aboriginal languages, revealing further understandings of its meaning. However, despite strenuous attempts to communicate the caution, it remains confusing for some people. This article reports on linguistic analysis of actual language used to talk about the caution, identifying several ways that communication fails, and revealing more questions than answers about what the caution means. It then argues that policies underlying the caution, and the history of the caution text, are not clear enough to resolve questions about what the caution is supposed to mean and achieve. The caution policy unfortunately creates the appearance of fairness while systematically disadvantaging some Aboriginal (and other) suspects who are partial speakers of standard English and/or not familiar with settler Australian legal culture.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"30 1","pages":"18 - 49"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47919898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

An audit of NSW legislation and policy on the government’s public communications in languages other than English 对新南威尔士州政府以非英语语言进行公共沟通的立法和政策进行审计

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1970873

A. Grey, Alyssa A. Severin

{"title":"An audit of NSW legislation and policy on the government’s public communications in languages other than English","authors":"A. Grey, Alyssa A. Severin","doi":"10.1080/10383441.2021.1970873","DOIUrl":"https://doi.org/10.1080/10383441.2021.1970873","url":null,"abstract":"ABSTRACT This article reports a 2019–2021 audit of the framework of the NSW government's decisions about their public communications in languages other than English (NSW is an Australian state). It found a dearth of legislation or policy about the language of public government communications, but we present a typology of ways in which NSW law seeks to regulate choice of language in other communications between individuals, non-government entities, and government staff. We then discuss the shortfalls of this decision-making framework, interrogating NSW's statutory Multicultural Principle about linguistic diversity and the haphazard ways that NSW legislation requires language of communication to be considered in relation to the likelihood that an intended audience will understand certain communications. We raise concerns about whether the lack of accountability for non-compliance and leaving the majority of public government communications reliant on informal/reactionary policy is suited to equitably fulfilling the needs of the NSW public. The article closes by arguing that consistent and clear policy to guide the NSW government's public communications would enable the government to more readily meet communicative needs. We thus propose paths for law and policy reform as well as directions for further research aimed at improving government decision-making and communicative efficiency.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"30 1","pages":"122 - 147"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42436004","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

‘Common language’ and proficiency tests: a critical examination of registration requirements for Australian registered migration agents “共同语言”和能力测试：对澳大利亚注册移民代理注册要求的关键审查

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1900031

L. Smith-Khan

{"title":"‘Common language’ and proficiency tests: a critical examination of registration requirements for Australian registered migration agents","authors":"L. Smith-Khan","doi":"10.1080/10383441.2021.1900031","DOIUrl":"https://doi.org/10.1080/10383441.2021.1900031","url":null,"abstract":"ABSTRACT Registered Migration Agents (RMAs), the practitioners who assist with Australian visa applications and appeals, play a crucial role in navigating these complex legal procedures. RMAs’ registration requirements, including those relating to English language proficiency (ELP), have thus garnered much attention, leading to government-commissioned reviews and inquiries, and amendments to regulations. The most recent changes have attracted scrutiny by the Australian Parliamentary Joint Committee on Human Rights, due to the unequal burden to prove ELP placed on different applicants based on their backgrounds. However, these new requirements ultimately came into force without the government satisfying the Committee that they were human rights-compliant. This article examines the most recent ELP rules for RMAs and the Immigration Minister’s justifications for these. Drawing on sociolinguistic scholarship, it finds that rules requiring general ELP tests, and categorically exempting certain applicants from testing, rely on problematic assumptions about the nature of language, and are therefore unnecessarily discriminatory. Given the government aims to ensure specific communicative competencies within the migration advice setting, the analysis concludes that these specific competencies should be the focus of any required assessment.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"30 1","pages":"97 - 121"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2021.1900031","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48076148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

‘That’s not how we speak’: interpreting monolingual ideologies in courtrooms “我们不是这样说话的”：在法庭上解读单语意识形态

IF 1.2

Griffith Law Review Pub Date : 2021-01-02 DOI: 10.1080/10383441.2021.1932234

Jinhyun Cho

{"title":"‘That’s not how we speak’: interpreting monolingual ideologies in courtrooms","authors":"Jinhyun Cho","doi":"10.1080/10383441.2021.1932234","DOIUrl":"https://doi.org/10.1080/10383441.2021.1932234","url":null,"abstract":"ABSTRACT The paper examines the operation and impact of monolingual ideologies relating to English in interpreter-mediated courtrooms in Australia. This is an issue relevant to courts in many geographical places, especially in Anglophone nations with common law systems. Using recurrent thematic analyses, the paper draws on interviews with 36 court interpreters working in Australia. From the perspective of legal interpreters, the paper explores three specific language ideologies linked to a ‘monolingual mindset’ [Michael Clyne (2005) Australia's Language Potential, UNSW Press.] of courtrooms: accent as a key marker of Australian English according to standard language ideologies; monolingual assumptions that there is only one version of each language; and negative perceptions of the bilingual abilities of court participants from minority backgrounds. The findings illustrate the ‘us-them’ distinction as both a cause and an outcome of the perpetuation of monolingual ideologies, which, in turn, feed into the conditions for the production and reproduction of existing power structures and ideological uses of language, with ramifications for the fairness and justice of legal processes. The paper concludes by highlighting the pervasiveness of monolingual ideologies in courtrooms, the need for multilingual and multicultural training of legal professionals and the relevance of collaboration between interpreters and legal professionals to addressing monolingualism in Australian courtrooms.","PeriodicalId":45376,"journal":{"name":"Griffith Law Review","volume":"30 1","pages":"50 - 70"},"PeriodicalIF":1.2,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/10383441.2021.1932234","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49114781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4