- Merry, Getting Justice and Getting Even.
- Sarat and Felstiner, Divorce Lawyers; Merry, Colonizing Hawai’i, 262. On how a
metalinguistic filter can operate to translate social and economic changes into issues of
language and identity, see Mertz, “Sociolinguistic Creativity.” - Greenhouse, Praying for Justice; see also Greenhouse et al., Law and Commu-
nity; Mertz, “Legal Loci and Places in the Heart.” The work of Lazarus-Black carries this
analysis of law at the edges of identity and community through time in a number of dif-
ferent Caribbean communities, tracking as well the global dimensions involved. Lazarus-
Black,The Vanishing Complainant. Gooding provides a poignant and precise analysis of
how the mediation of legal language and epistemology erases core aspects of Native Ameri-
can identity. Gooding, “Place, Race, and Names”; see also Mertz, “The Uses of History.” - For examples of analyses that locate legal and political language in a social con-
text while not reducing it to being a reflex of that context, see Brenneis, “Performing
Passions” and “Telling Theories.” See also Mertz, “Consensus and Dissent.” Anthropolo-
gists have also pointed to how law embodies the cultural logics of the societies they serve;
see Rosen, The Anthropology of Justice; Geertz, Local Knowledge; Domínguez, White by
Definition. - Part II provides a detailed sociolinguistic study of law school teaching; Part III
explores at length issues of diversity and law school training. No study to date has used
tape and transcript analysis of law school classes along the lines of sociolinguistic studies
of other classroom settings. However, there has been some close attention to law school
training. Although Stone’s study does not use direct transcripts of classsroom speech, he
employs a psychoanalytic framework to analyze observed interactions. Stone, “Legal Edu-
cation on the Couch.” Shaffer and Redmount use transcript material to illustrate their find-
ing of “erosion” in the traditional Socratic style and to demonstrate the advantages of more
“low-pressure” teaching styles. Shaffer and Redmount, Lawyers, Law Students, and People.
Both Stover and Philips use material from their own experience as social scientists going
to law school. Stover, Making It and Breaking It; Philips, “The Language Socialization of
Lawyers.” And Granfield uses some direct quotation of classroom exchanges to illustrate
aspects of law school training. Granfield, Making Elite Lawyers.
Chapter 3
- See, e.g., Spradley, Participant Observation, 3–16 and passim; Geertz, Interpreta-
tion of Cultures, 3–30; Greenhouse et al., Law and Community, 7–21. - See, e.g., Mehan, Learning Lessons; Cazden, Classroom Discourse; Heath, Ways with
Words. - Cazden, Classroom Discourse, 3–4.
- For a study of differential treatment of students in high- and low-ability reading
groups, see Collins, “Socialization to Text”; for a study of schools in two neighboring rural
communities, see Heath, Ways with Words; for a comparison across classrooms with stu-
dents from differing cultural and social class backgrounds, see Cazden, Classroom Discourse. - Conley and O’Barr, Rules versus Relationships, 125, 172–177.
- Sarat and Felstiner, Divorce Lawyers.
- Conley and O’Barr, Rules versus Relationships, 165, 173.
- Matoesian, Reproducing Rape (tracing gendered patterns in talk about rape in the
courtroom); Merry, Getting Justice and Getting Even (tracing differences across class in
discourse and orientation toward law); Frohmann, “Discrediting Victims’ Allegations.” - If a student’s identity was not clear from the tape and was missing from the in-
class coder’s sheet, we coded it as “unknown.”
Notes to Pages 29–33 239