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Published: 18 February 2016

344 Pages


ISBN: 9780199945351

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Discursive Constructions of Consent in the Legal Process

Edited by Susan Ehrlich, Diana Eades, and Janet Ainsworth

Oxford Studies in Language and Law

  • Uses empirical evidence from real cases to demonstrate inadequacies in how consent is understood and operationalized within the legal system
  • Considers how the ideal of informed consent can be compromised by the ritualistic nature of consent-seeking, whether in police interviews, or medical research or in signing of consumer contract
  • Examines linguistic and discursive strategies used by individuals in attempts to decline to consent in legal contexts, as well as factors involved in the variable success of these attempts
  • Presents problems arising from the law's tendency to ignore the central role of context in interactions where consent is sought, including interactions with police