Monday, January 24, 2005

Power in Language & Law (question 4)

Language can be used in the field of law to oppress the lower class. First, attorneys code some of their work in Latin, a language no one would know without a particular level of education. Additionally, in the field of law, certain words have very specific and exact meanings, and those meanings can be different from their common English usage, which acts to obstruct the full understanding and participation in the legal system by the underclass. Second, language is often used only to rationalize a decision a Judge has already made. For example, if a Judge has to decide between the interests of the Native Americans and those of the upper class, he may simply rule for the side that he already values, and use an argument presented to rationalize his decision. Of course, the problem is that jurists are the upper class, so they may tend to sympathize with members of their own kind. Finally, he who controls the rhetoric controls the argument. Media outlets are controlled by the upper class, so they can frame stories in a way that favors their interests. Often times, a fancy name can make a bad law unopposable. No one would oppose the concept of "no child left behind" so the law passes, but the reality may be that many children are left behind.

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