Language, Law, and Society: Policy Implications of the Kennedy Smith Rape Trial
Author:
- Gregory M. MatoesianGMGregory M. Matoesian
- 1 January 1995
- journal article
- Published by Cambridge University Press (CUP) in Law & Society Review
- Vol. 29 (4) , 669-701
Abstract
In this article I examine the applied relevance of trial talk for rape shield legislation and attempts to evaluate the impact of such legal reforms. Using linguistic data from the Kennedy Smith rape trial, I argue that attempts to progressively implement rape shield have thus far failed and that research evaluating its impact has been more or less misguided because reformers and researchers have consistently failed to scrutinize empirically the interactional object to which rape shield legislation is applied: the language of evidence in testimony. Looking at the social construction of rape's legal facticity, I propose new methods of interpreting and evaluating legal reforms based on an understanding of language use and the performance of knowledge in context.Keywords
This publication has 15 references indexed in Scilit:
- Deviating from the Mean: The Declining Significance of SignificanceJournal of Research in Crime and Delinquency, 1994
- Legal Reform and Social Construction: Violence, Gender, and the LawLaw & Social Inquiry, 1994
- Rape Law Reform1992
- “THE LAW'S THE LAW, BUT FAIR IS FAIR:” RAPE SHIELD LAWS AND OFFICIALS' ASSESSMENTS OF SEXUAL HISTORY EVIDENCE*Criminology, 1991
- Constructing skepticism: Four devices used to engender the audience's skepticismResearch on Language and Social Interaction, 1988
- Technologies of Gender1987
- Generating Applause: A Study of Rhetoric and Response at Party Political ConferencesAmerican Journal of Sociology, 1986
- Order in Court1979
- The Reproduction of Mothering1978
- `K is Mentally Ill' the Anatomy of a Factual AccountSociology, 1978