By Austin Sarat
Instead of summary philosophical dialogue or one more research of criminal doctrine, Speech and Silence in American legislations seeks to situate speech and silence, finding them particularly conditions and contexts and asking how context concerns in facilitating speech or not easy silence. to appreciate speech and silence we need to inquire into their social existence and look at the events and practices that decision them forth and that supply them that means. one of the questions addressed during this publication are, who's licensed to talk? And what are the stipulations that are supposed to be connected to the talking topic? Are there events that decision for speech and others that call for silence? what's the dating among the speech act and the speaker? Taking those questions under consideration is helping readers comprehend what compels audio system and what difficulties accompany speech with no recognized speaker, permitting us to evaluate how silence speaks and the way speech renders the silent extra knowable.
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Extra resources for Speech and Silence in American Law
Demaine, “In Search of an Anti-Elephant: Confronting the Human Inability to Forget Inadmissible Evidence,” 16 Geo. Mason L. Rev. (2008): 99. 38 Marianne Constable of offer and acceptance, for instance), law too occasionally defers to the speech of those with whom it would speak. It shows itself dependent on and indebted to speech and to the silences out of which speech comes. This indebtedness shows what we take to be law to be itself beholden to something “greater than” or “beyond” itself. This is not a call for a return to natural law.
Hippolytus was a Greek ﬁgure whose stepmother, Phaedra, fell in love with him. Although he agrees to remain silent about her obsession, he spurns her affections, causing her to kill herself. In her suicide note to her husband, Hippolytus’ father Theseus, she insinuates that Hippolytus raped her. Because Hippolytus keeps his promise to remain silent on the matter, Theseus believes Phaedra’s lie and sends him into exile, where Hippolytus is dragged to death by his own horses. This myth is recounted at length in Constable’s essay.
On the one hand, a witness is required to give relevant and relatively complete responses, and we should be able to interpret the answer accordingly. Were it not so, the entire questioning process would collapse. On the other hand, the nature of the adversarial process suggests that it is the questioning lawyer’s job to ensure that responses comply with these requirements. But who do we blame when, as seems to have happened in Bronston, the witness intentionally gives an unresponsive answer to create a false impression of responsiveness?
Speech and Silence in American Law by Austin Sarat