Pub Date : 2022-08-11DOI: 10.1080/17405904.2022.2102519
Le Cheng, Xiaobin Zhu, D. Machin
ABSTRACT In this paper we explore how a public national media outlet, the British BBC, represents an international legal case which has a highly political nature. The case is US versus Huawei/Meng Wanzhou, which took place between 2018 and 2021. Accusations were that the Chinese technology company committed fraud, leading the global HSBC bank to breach US sanctions against Iran. The charges were made by the US using what is called an ‘extraterritorial law’, which, while rejected as law by governments around the world, is policed by US economic powers and control over international finance. Using Critical Discourse Analysis we show that, while the BBC presents much detail of legal process, the actual nature of the law the US uses to bring criminal charges against international companies and banks, is neither considered nor questioned. Our interest is how such a law, which has a huge influence over global trade and politics, is presented to the public in this particular case. We contribute to the position that the nature of laws, how they are used and known, must always be understood within the prevailing discourses of the moment.
{"title":"The depoliticization of law in the news: BBC reporting on US use of extraterritorial or ‘long-arm’ law against China","authors":"Le Cheng, Xiaobin Zhu, D. Machin","doi":"10.1080/17405904.2022.2102519","DOIUrl":"https://doi.org/10.1080/17405904.2022.2102519","url":null,"abstract":"ABSTRACT In this paper we explore how a public national media outlet, the British BBC, represents an international legal case which has a highly political nature. The case is US versus Huawei/Meng Wanzhou, which took place between 2018 and 2021. Accusations were that the Chinese technology company committed fraud, leading the global HSBC bank to breach US sanctions against Iran. The charges were made by the US using what is called an ‘extraterritorial law’, which, while rejected as law by governments around the world, is policed by US economic powers and control over international finance. Using Critical Discourse Analysis we show that, while the BBC presents much detail of legal process, the actual nature of the law the US uses to bring criminal charges against international companies and banks, is neither considered nor questioned. Our interest is how such a law, which has a huge influence over global trade and politics, is presented to the public in this particular case. We contribute to the position that the nature of laws, how they are used and known, must always be understood within the prevailing discourses of the moment.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"306 - 319"},"PeriodicalIF":1.5,"publicationDate":"2022-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48200616","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}
Pub Date : 2022-08-09DOI: 10.1080/17405904.2022.2110134
Karoline Marko
{"title":"Extremist language in anti-COVID-19 conspiracy discourse on Facebook","authors":"Karoline Marko","doi":"10.1080/17405904.2022.2110134","DOIUrl":"https://doi.org/10.1080/17405904.2022.2110134","url":null,"abstract":"","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43063045","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}
Pub Date : 2022-08-03DOI: 10.1080/17405904.2022.2101500
A. Chiang, Hsi-Yao Su
{"title":"Stop family destruction!: ideologies concerning family destruction metaphors in same-sex marriage debates","authors":"A. Chiang, Hsi-Yao Su","doi":"10.1080/17405904.2022.2101500","DOIUrl":"https://doi.org/10.1080/17405904.2022.2101500","url":null,"abstract":"","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47412087","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}
Pub Date : 2022-07-25DOI: 10.1080/17405904.2022.2102520
Le Cheng, D. Machin
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)
{"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}
Pub Date : 2022-07-25DOI: 10.1080/17405904.2022.2102521
Hu Yu
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.
{"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}
Pub Date : 2022-07-25DOI: 10.1080/17405904.2022.2102522
Christopher A Smith
ABSTRACT The present study features an interview between a Royal Canadian Mounted Police (RCMP) officer and a female indigenous minor, who was reporting her own sexual assault. The study highlights how the child's interview with the officer appears to include gender-specific judgements. Thus far, few critical studies, underscoring interview techniques, feature power relations and ideologies in the discourse. This study identifies police negotiation with female assault complainants as discursive Yentling. Inspired by the term Yentl syndrome, where female health is often underappreciated because it is judged from male prerogatives, the present study proposes that discursive Yentling emerges from victim blaming, perpetrator mitigation, and the sexualization of rape. Drawing attention to transcripts of an RCMP interview with a child complainant, this study asks (1) what power relations and ideologies manifest in the dialogue between the officer and the complainant? (2) Do the findings give evidence for discursive Yentling? Transitivity analysis and a discourse historical approach reveal ideological predispositions towards the complainant during the interview. The implications for this study hopefully provoke more considered police interview techniques for potential victims of sexual assault and inculcate a culture of feminist understanding in Canadian public services.
{"title":"Is this discursive Yentling? A critical study of an RCMP officer’s interaction with a child sexual assault complainant","authors":"Christopher A Smith","doi":"10.1080/17405904.2022.2102522","DOIUrl":"https://doi.org/10.1080/17405904.2022.2102522","url":null,"abstract":"ABSTRACT The present study features an interview between a Royal Canadian Mounted Police (RCMP) officer and a female indigenous minor, who was reporting her own sexual assault. The study highlights how the child's interview with the officer appears to include gender-specific judgements. Thus far, few critical studies, underscoring interview techniques, feature power relations and ideologies in the discourse. This study identifies police negotiation with female assault complainants as discursive Yentling. Inspired by the term Yentl syndrome, where female health is often underappreciated because it is judged from male prerogatives, the present study proposes that discursive Yentling emerges from victim blaming, perpetrator mitigation, and the sexualization of rape. Drawing attention to transcripts of an RCMP interview with a child complainant, this study asks (1) what power relations and ideologies manifest in the dialogue between the officer and the complainant? (2) Do the findings give evidence for discursive Yentling? Transitivity analysis and a discourse historical approach reveal ideological predispositions towards the complainant during the interview. The implications for this study hopefully provoke more considered police interview techniques for potential victims of sexual assault and inculcate a culture of feminist understanding in Canadian public services.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"320 - 332"},"PeriodicalIF":1.5,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47459870","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}
Pub Date : 2022-07-25DOI: 10.1080/17405904.2022.2102516
J. Neller
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.
{"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}
Pub Date : 2022-07-21DOI: 10.1080/17405904.2022.2102518
Gay Marie Manalo Francisco
ABSTRACT Republic Act 9710, or the Magna Carta of Women (MCW), is considered the Philippine version or national law translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using the concept of impact translation as a framework and the Feminist Critical Discourse Analysis (FCDA) approach, this article examines the MCW and the minutes of committee meetings, particularly the bicameral conference committee meeting where lawmakers agreed on the finalized version of the bill. It applies the concept of gender relationality in examining how legislators negotiated the provisions of the MCW, particularly those on reproductive health and the definition of gender. The analysis shows that these provisions challenged Catholic doctrines specifically on gender, childbearing, and pre-marital sexual relations. It argues that the Catholic conception of gender norms and women’s role in society shaped the law’s final version, disregarding the CEDAW Committee recommendations on abortion. Findings suggest that the legislators’ fear that the law’s ratification would serve as an opening for the legalization of abortion led to a weakened version of the law, particularly the section on women’s reproductive health.
{"title":"The Magna Carta of Women as the Philippine Translation of the CEDAW: A Feminist Critical Discourse Analysis","authors":"Gay Marie Manalo Francisco","doi":"10.1080/17405904.2022.2102518","DOIUrl":"https://doi.org/10.1080/17405904.2022.2102518","url":null,"abstract":"ABSTRACT Republic Act 9710, or the Magna Carta of Women (MCW), is considered the Philippine version or national law translation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Using the concept of impact translation as a framework and the Feminist Critical Discourse Analysis (FCDA) approach, this article examines the MCW and the minutes of committee meetings, particularly the bicameral conference committee meeting where lawmakers agreed on the finalized version of the bill. It applies the concept of gender relationality in examining how legislators negotiated the provisions of the MCW, particularly those on reproductive health and the definition of gender. The analysis shows that these provisions challenged Catholic doctrines specifically on gender, childbearing, and pre-marital sexual relations. It argues that the Catholic conception of gender norms and women’s role in society shaped the law’s final version, disregarding the CEDAW Committee recommendations on abortion. Findings suggest that the legislators’ fear that the law’s ratification would serve as an opening for the legalization of abortion led to a weakened version of the law, particularly the section on women’s reproductive health.","PeriodicalId":46948,"journal":{"name":"Critical Discourse Studies","volume":"20 1","pages":"294 - 305"},"PeriodicalIF":1.5,"publicationDate":"2022-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48673441","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}
Pub Date : 2022-07-21DOI: 10.1080/17405904.2022.2102515
Pawel Popiel
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.
{"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}
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