Linguistic diversity as a challenge and an opportunity for improved legal policy

Grey, Alexandra; Smith‐Khan, Laura

doi:10.1080/10383441.2021.1996883

Griffith Law Review

2021

DOI: 10.1080/10383441.2021.1996883

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Linguistic diversity as a challenge and an opportunity for improved legal policy

Alexandra Grey

Laura Smith‐Khan

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2024

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Cited by 4 publications

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“…The distinction between the three contexts may be opaque to those with no linguistic expertise. Yet conceptually mapping this disparate literature is a feat I have attempted myself, on a smaller scale (Grey and Smith-Khan, 2021), and with no greater success. The backstory to the research helps the division into the three different kinds of context make sense for the reader.…”

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'Forensic Linguistics in Australia: Origins, Progress and Prospects' Diana Eades, Helen Fraser and Georgina Heydon (2023)

Grey

2023

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'Forensic Linguistics in Australia: Origins, Progress and Prospects' Diana Eades, Helen Fraser and Georgina Heydon (2023)

Grey

2023

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Manner Matters: Linguistic Equity Through a Court Interpreter in Australia

2024

Int J Semiot Law

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Linguistic equity through an interpreter is not merely a fundamental human right but also an integral part of procedural justice. As codified in the professional code of conduct, interpreters should faithfully interpret everything that has been said in the exact same manner as the original speakers. Much has been researched about the content. Little has been known about the interpretations of the manner. Drawing on one hundred questionnaire responses, this article examines the interpreters’ awareness of the manner of speech in Australian virtual courts and remote interpreting settings. The results suggest a general lack of understanding of the manner of speech, as reflected by interpreters’ inadequate knowledge of definitions and specific types of manner-related features. Furthermore, the insufficient understanding of the manner of speech impacts the interpreters’ perceptions of the manner of speech in the original utterances, and their views of the faithful reproduction of the se feature in courtroom discursive practices. The qualitative and quantitative analyses of written responses provided by professional interpreters provide insights into the practical aspects of reproducing the manner of speech in court.

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Incorporating Sociolinguistic Perspectives in Australian Refugee Credibility Assessments: the Case of CRL18

Smith‐Khan

2022

Int. Migration & Integration

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Credibility assessments in asylum visa applications have attracted criticism across diverse research fields. This article builds on existing critical examinations by presenting a case study of a successful appeal in the Federal Court of Australia (FCA) which overturned a decision involving one such problematic credibility assessment. The article establishes that credibility assessments often rely on flawed language ideologies and reasoning that transform the asylum seeker into the sole participant responsible for the texts produced in institutional processes. As a contrast, it then explores the FCA decision, analysing the judge’s treatment of three different premises on which the lower-level rejection relied. It demonstrates how, when dealing with each of these premises, the judge’s approach aligns with sociolinguistic scholarship. The case study demonstrates the potential of sociolinguistic awareness to denaturalize the problematic ideologies underlying credibility assessments. However, the article equally acknowledges and discusses the systemic limitations on challenging credibility assessments, due to the narrow scope for judicial review, and the need for professional legal assistance to argue one’s case successfully. The article concludes that while credibility assessments serve to act as a powerful gatekeeping tool to support increasingly restrictive asylum policy, judicial receptiveness of sociolinguistic understandings of communication can sometimes provide an avenue for successful appeals. It thus provides a powerful example of the potential benefits of communicating sociolinguistic research to law students, legal practitioners and decision-makers.

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Linguistic diversity as a challenge and an opportunity for improved legal policy

Cited by 4 publications

References 46 publications

'Forensic Linguistics in Australia: Origins, Progress and Prospects' Diana Eades, Helen Fraser and Georgina Heydon (2023)

'Forensic Linguistics in Australia: Origins, Progress and Prospects' Diana Eades, Helen Fraser and Georgina Heydon (2023)

Manner Matters: Linguistic Equity Through a Court Interpreter in Australia

Incorporating Sociolinguistic Perspectives in Australian Refugee Credibility Assessments: the Case of CRL18

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