{"title":"The law and critical discourse studies","authors":"Le Cheng, D. Machin","doi":"10.1080/17405904.2022.2102520","DOIUrl":"https://doi.org/10.1080/17405904.2022.2102520","url":null,"abstract":"ABSTRACT The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. (Jacques Anatole François Thibault)","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"243 - 255"},"PeriodicalIF":1.5,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45811472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘If she asked for settlement money, she must not be a real victim’: an interdisciplinary analysis of the discourse of victims and perpetrators of sexual violence","authors":"Hu Yu","doi":"10.1080/17405904.2022.2102521","DOIUrl":"https://doi.org/10.1080/17405904.2022.2102521","url":null,"abstract":"ABSTRACT This paper analyses the discourse surrounding a high-profile sexual assault case in South Korea. While most research on language and sexual violence has focused on the media portrayal or online resistance movement, not much has focused on the language and the law. Using Critical Discourse Analysis and rhetoric, this present paper seeks to show the importance of value of paying closer attention to legal decision-making process, showing how this can make a significant contribution to the literature. The analysis reveals two distinctive discourses at work. One is that victims must embody and display certain characteristics as a ‘pure and destroyed’ individual in order to avoid being dismissed or appearing untrustworthy. The second is that the perpetrators represent themselves as victims seeking to makes it the goal of the court to protect the perpetrators’ rights, rather than those of the victims.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"333 - 344"},"PeriodicalIF":1.5,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43211687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Race, religion, law: an intertextual micro-genealogy of ‘stirring up hatred’ provisions in England and Wales","authors":"J. Neller","doi":"10.1080/17405904.2022.2102516","DOIUrl":"https://doi.org/10.1080/17405904.2022.2102516","url":null,"abstract":"ABSTRACT This paper examines why there are different thresholds for the offences of stirring up racial hatred and stirring up religious hatred in the UK’s Public Order Act 1986. Concepts of genealogy, intertextuality and problematisation are used to structure a critical discourse analysis that traces different understandings of race, religion, and racial and religious hatred across legal texts. The analysis reveals a rift between assertions within parliament that race is an immutable characteristic, and much more flexible and inclusive judicial understandings of race. This finding challenges justifications for the legislative discrepancy and points to more progressive possibilities.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"282 - 293"},"PeriodicalIF":1.5,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43527089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Protecting ‘competition, not competitors’: antitrust discourse and the AT&T-Time Warner merger","authors":"Pawel Popiel","doi":"10.1080/17405904.2022.2102515","DOIUrl":"https://doi.org/10.1080/17405904.2022.2102515","url":null,"abstract":"ABSTRACT A key discourse underpinning US antitrust law is that it protects competition, not competitors. However, what this means in practice both has changed over time and betrays the politics underlying antitrust enforcement. This article interrogates this discourse and its contradictions in the context of the AT&T-Time Warner merger lawsuit through a critical discourse analysis of legal documents related to the case. The case represents a conflict over incentivizing competition in digital advertising markets at the expense of competition, particularly smaller competitors, in video markets. The analysis reveals how the discourse obscures the strategic choices made by courts to protect incumbent companies: by approving the merger, the court circumscribed the video programming and distribution market for consolidation to strengthen the competitive position of the merging parties in the digital advertising market dominated by Facebook and Google. Thus, this discourse masks not just the deference to dominant merging companies, but also the role of courts in shaping market competition at their behest.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"256 - 268"},"PeriodicalIF":1.5,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42964137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Applying the principles of Vivir Bien to a court resolution in Bolivia: language, discourse, and land law","authors":"María Itatí Dolhare, Sol Rojas-Lizana","doi":"10.1080/17405904.2022.2102517","DOIUrl":"https://doi.org/10.1080/17405904.2022.2102517","url":null,"abstract":"ABSTRACT The Plurinational Constitutional Court is the final arbiter of legal disputes involving the interpretation and application of the Political Constitution of the Plurinational State of Bolivia (2009) (BC). Its role is especially important given that the BC follows a type of decolonial ‘hybrid’ constitutional model that incorporates the Indigenous concept of Vivir Bien (VB) as part of their legal paradigm. Using tools from Case Law Analysis and Critical Discourse Analysis, this article explores the Court’s judicial interpretation and application of VB and its principles to a legal dispute regarding Indigenous Peoples’ constitutional right to be consulted over government measures impacting their ancestral territories. The results indicate that the judges would foreground and background different aspects of the VB principles to support their views, resorting to their use in a hierarchical form that is not mandated in the BC. This shows a gap between formal incorporation and the practical application of the VB principles. This research informs the fields of legal studies, decolonial thought, and discourse studies.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"269 - 281"},"PeriodicalIF":1.5,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44024991","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Sportswomen under the Chinese male gaze: A feminist critical discourse analysis","authors":"Altman Yuzhu Peng, C. Wu, Meng Chen","doi":"10.1080/17405904.2022.2098150","DOIUrl":"https://doi.org/10.1080/17405904.2022.2098150","url":null,"abstract":"This article o ff ers a timely, critical analysis of the male gaze upon sportswomen in male Chinese fans ’ consumption of sporting megaevents. We use the most popular Chinese-language sports fandom platform, Hupu, as the data repository and scrutinise the threads of male Hupu users ’ postings about two elite sportswomen at the Tokyo 2020 Olympics as the case studies. Drawing on feminist critical discourse analysis (FCDA), we elucidate the discursive strategies that male Chinese fans adopt to sexualise sportswomen and trivialise their accomplishments. The research fi ndings showcase how China ’ s sports fandom has evolved as a masculine terrain, where men ’ s visions of asymmetrical gender power relations are discursively negotiated and rationalised.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48932607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘A day that unites the nation': contesting historical narratives in national day discussions","authors":"Brianne Hastie, M. Augoustinos, Kellie Elovalis","doi":"10.1080/17405904.2022.2093236","DOIUrl":"https://doi.org/10.1080/17405904.2022.2093236","url":null,"abstract":"ABSTRACT National days often represent unifying narratives about nation-states. Recent calls for historical redress within settler-colonial nations, however, have been based on redefinitions of triumphalist historical narratives, incorporating darker histories of colonialisation’s ongoing effects. This has resulted in controversy about national days, especially in Australia (celebrated on the anniversary of British colonisation). Discussions about Australia's national day may show us if, and how, these competing historical narratives can be integrated into a unified national story. A critical discursive examination of Australian news media articles demonstrated the ways historical narratives were deployed to construct competing understandings of the national day’s meaning. Analysis showed how the narrative of colonisation as a force for cultural advancement was used to justify celebrating the current date. In contrast, acknowledging and reckoning with the past was positioned as crucial to moving forward, and, correspondingly, that changing the date was necessary. Respecifying the historical narrative in this way brought together a more complex, nation-building story unifying Indigenous peoples, settlers, and newer migrants in celebrating the (new?) national day. Such reimagined national stories offer potential ‘golden futures’, but risk allowing nations to continue to avoid reckoning with their dark histories, and, especially, the connection of these to present-day inequalities.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"491 - 507"},"PeriodicalIF":1.5,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46618814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Responsibility for justice in action: commemoration, affect and politics at Il Memoriale della Shoah in Milan","authors":"Tommaso M. Milani, J. Richardson","doi":"10.1080/17405904.2022.2092164","DOIUrl":"https://doi.org/10.1080/17405904.2022.2092164","url":null,"abstract":"ABSTRACT In this article, we analyse Il Memoriale della Shoah, the memorial of the victims of the Shoah in Milan, which was inaugurated in 2013 and, in 2015, was turned into a night shelter for destitute migrants. To understand the rhetoric and politics of the Memorial, we bring together the notions of affective practices, découpages du temps (lit. slices of time) and multidirectional memory. This analytic approach allows us to examine the nonlinear shape of remembering, the dialectic relationships between the spatialisation of time and the temporalisation of space, the ways in which emotions are brought into being semiotically in context, and the ethical questions that these feelings raise. Through detailed multimodal and affective analysis of the affordances of the built environment and its soundscape, the curation of the Memorial, the contextualisation of three guided tours (two online and one in situ) and politicised commentary on the Memorial’s decision to shelter refugees, our paper illustrates the multi-layered character of the relationship between space and time – one in which the past, the present and the future partly overlap and mobilise political action.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"561 - 580"},"PeriodicalIF":1.5,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43346976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The argumentative function of rescue narratives: Trump’s national security rhetoric as a case study","authors":"Rania Elnakkouzi","doi":"10.1080/17405904.2022.2095413","DOIUrl":"https://doi.org/10.1080/17405904.2022.2095413","url":null,"abstract":"","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41665799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}