The Bristol Inquiry is arguably one of the most important cases of judicial medical investigation held in the United Kingdom, which continues to raise important insights into the social construction of medical and scientific risks. As a way of marking the inquiry’s tenth anniversary year, this article returns to an important conversation held between noted pediatric cardiothoracic and cardiovascular specialists, on days 49 and 50 of the inquiry’s proceedings. Their conversance principally describes a pathway of scientific advancement across four decades. (...) Risks, and the avoidance of medical error, represent important subtopics of the ensuing historical narrative, within which the experts describe opportunities for error as diminishing in-line with paradigmatic advancement. The telling of this story of risk mitigation involves the expurgation of considerable sensitivities to scientific uncertainty. In analyzing this example of expert scientific witness testimony, the article primarily considers how representations of uncertainty are formulated in language. The article concludes that, in this instance, the social construction of risk and uncertainty were heteroglossically premised upon language catalysts, cognitive metaphors, and logic-based mathematical rubrics. (shrink)

Over the past thirty years or so, theoretical work in such fields as legal semiotics and law and literature has argued that the legal process is profoundly rhetorical. At the same time, a number of communication-based disciplines such as semiotics, sociolinguistics and linguistic anthropology have provided, particularly in interdisciplinary combination with law, a wealth of empirical evidence on, and insight into, the micro-contexts of language and communication in the legal process. However, while these invaluable nitty-gritty analyses provide empirical support for (...) a rhetorical thesis, work in these areas has tended to ignore rhetoric as an explanatory principle. This article introduces an overarching rhetorical framework for the discursive construction and management of cases in contemporary Anglo-American legal processes. Taking ‘forensic’ as relating to the conduct of cases and ‘discourse’ as semiosis-in-practice, I argue that the practices within which forensic discourse is embedded are not, as the received legal view would have it, aimed at revealing an impartial truth but are deeply rhetorical practices aimed at persuading decision-makers to provide a remedy for a claimed wrong. By looking across forensic texts and contexts, I identify common elements of forensic discourse that can be found both in classical forensic orations and throughout the modern legal process and consider how these intersect with critical forces of agency and structure and the particularities of semiosis in situated context. An awareness of commonalities across forensic discourse can help sharpen our focus on the critical causes and consequences of individual and structural difference and point to consequential suggestions for reform. (shrink)

HIV-related state laws are being created transnationally though the use of omnibus model laws. In 2004, the US Agency for International Development funded the creation of one such guidance text known as the USAID/Action for West Africa Region Model Law, or N'Djamena Model Law, which led to the rapid spread of HIV/AIDS laws, including the criminalisation of HIV transmission, across much of West and Central Africa . In this article, I explicate how an epidemic of highly problematic legislation spread across (...) the region as a result of a text-mediated work process enabled through model laws. I theorise the textual genre of model laws arguing that these texts are best understood as ‘preoperative documents’ which, when activated, can lead to swift legislative reform in and beyond the field of HIV/AIDS governance. The legislative process being investigated was made visible through participant observation, archival research, textual analysis and informant interviews with national and international stakeholders . This involved ethnographic research in Canada, the USA, Switzerland, Austria, South Africa and Senegal . The untold policy processes and narratives explored in this article make evident how the work of contesting problematic HIV/AIDS model laws and newly drafted state laws involves both creating new texts and contesting the legitimacy and efficacy of others. (shrink)

This paper will describe the methodology for teaching legal English used at the Fordham University School of Law’s Legal English Institute, a one-semester program for law students and attorneys. Reasonable minds may disagree about the most effective methodology for teaching legal English, or for that matter any other form of academic English, but we have developed an approach that is informed by both theory and practice. At LEI, we use a “modified CLIL” format, with four substantive classes on topics in (...) U.S. law that run in parallel with a core class on legal English. All four substantive classes use authentic reading materials that are similar to those used in an LL.M. program, and these materials are recycled in the legal English class and form the basis of discussions about language issues. Our use of content classes to elicit language issues has proven to be effective and it also helps keep students motivated, as students tend to have more intrinsic interest in legal topics than in language study per se. (shrink)