Ideology in the Language of Judges: How Judges Practice Law, Politics, and Courtroom Control

By Susan U. Philips | Go to book overview

Notes

1 Ideology in Discourse
1.
For this reason, my earliest analysis focused on spatial relations and nonverbal communication in the courtroom ( Philips 1986).
2.
This work was part of a general public dialogue about how much leeway judges should have in their sentencing. It was followed by nationwide movements in states to constrain judges' sentencing practices through criminal code revisions. Such a revision was implemented in Arizona during the course of my study.
3.
As tape recording in courts was not allowed by noncourt personnel, in part because more than the one court stenographer-produced record of the case could then be created, the associate presiding judge had to get an oral ruling (by phone) from the chief justice of the Arizona Supreme Court that my taping could come under the educational exception to the ban on recording. I also had to promise not to share my recordings with others, something I could not do anyway under personal and professional ethical guidelines that aim to preserve the anonymity and voluntariness of participation in social scientific research.
4.
Anthropologists and legal scholars (e.g., Kondo 1990; Kelly 1991; Merry 1990; Fineman 1988) increasingly are using the term DISCOURSES to refer to multiple interpretive perspectives constituted by social actors within a common cultural framework, apparently following Foucault ( 1980). But these scholars tend to lift the ideational content meaning of these discourses out of their original contexts of production with little analytical attention to the contexts of production themselves. In this book I use the term IDEOLOGIES much as these scholars use the term "discourses" and reserve the term "discourses" for the actual productions of speech and texts, focusing on the nature of the microcontexts of ideological production.
5.
See Thompson ( 1984) for a discussion of useful approaches to the role of language in the constitution of ideologies that is compatible with the treatment here of ideology in discourse.
6.
For an understanding of the development of the concept of genre in anthropology, see Hymes 1967; Philips 1987b; Hanks 1987; Briggs & Bauman 1992.

-193-

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Ideology in the Language of Judges: How Judges Practice Law, Politics, and Courtroom Control
Table of contents

Table of contents

  • Title Page iii
  • Acknowledgments vii
  • Contents ix
  • Introduction xi
  • 1 - Ideology in Discourse 3
  • Conclusion 12
  • 2 - The Myth of the Trial Court Judge as Nonideological 14
  • Conclusion 25
  • 3 - Intertextual Relations Between Written and Spoken Genres of Law 27
  • Conclusion 46
  • 4 - Two Ideological Stances in Taking Guilty Pleas 48
  • 5 - Judges' Ideologies of Courtroom Control 87
  • 6 - Ideological Diversity in Legal Discourses 116
  • Appendixes 125
  • Notes 193
  • References 197
  • Index 203
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