Archive for Language and the law

Sotomayor loves Strunk and White

People have begun to ask why Language Log hasn't yet commented on the remarks of Sonia Sotomayor about the sterling value of (you guessed it) Strunk & White. One recent commenter (here) actually seems to imply that we have jumped all over Charles Krauthammer solely because he is conservative, and shielded Sotomayor from criticism because she is the nominee of a Democratic president! Come on, you know us better than that. Sotomayor has come up in the comments area a few times (here and here, for example), and the only reason there hasn't been a full post on her remarks is — speaking for myself — lack of time (I don't know if you have any idea what early June is like for academics with administrative duties) plus a dearth of interesting things to say. You can read this piece on The National Review site for quotes and links to the relevant speeches. What she said about grammar in one speech (PDF here) was this:

If you have read Strunk and White, Elements of Style, reread it every two years. If you have never read it, do so now. This book is only 77 pages and it manages, succinctly, precisely and elegantly to convey the essence of good writing. Go back and read a couple of basic grammar books. Most people never go back to basic principles of grammar after their first six years in elementary school. Each time I see a split infinitive, an inconsistent tense structure or the unnecessary use of the passive voice, I blister. These are basic errors that with self-editing, more often than not, are avoidable.

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"Keep Libel Laws Out Of Science"

If you're in a hurry, just follow this link and (if you agree with it) add your name to a statement, hosted at Sense about Science, arguing that "The law has no place in scientific disputes".

If you've got a little extra time to spend, read on.

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Potato crisp?

Adam Cohen wrote a piece in the 1 June NYT (on the editorial page) that is both delightful and thought-provoking: "The Lord Justice Hath Ruled: Pringles Are Potato Chips", about a series of British legal decisions.

The question: is a Pringle a potato chip (crisp, in British usage) or (as Procter & Gamble, which makes Pringles, maintained) a "savoury snack". [Cohen reported that P&G claimed that Pringles was a "savory snack", but of course the case was heard in British courts, and the dispute in those courts was about crisps vs. "savoury snacks" — as in SNACMA (the Snack Nut & Crisp Manufacturers Association), which "represents the interest of the savoury snack industry in the UK". Note that in this usage "savoury snack" is the higher-order category; crisps are savoury snacks, but so are other things.]

There was real money on the line, about $160 million, as Cohen notes:

In Britain, most foods are exempt from the value-added tax, but potato … crisps … and "similar products made from the potato, or from potato flour," are taxable.

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Latin legal terms are unconstitutional?

Some of the things that proponents of the English Only movement say strike me as pretty strange, but today I stumbled on a truly mind-boggling claim by Supremacy Claus, namely that:

All Latin violates the Establishment Clause, being the foreign language of a church.

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Linguist jumps out of skin over "sorting head out"

An article today’s NY Times and another in WalesOnline tell us about a linguist in Wales who was praised for discovering that a murderer — who had been having an affair with his victim — unconsciously revealed his identity as the writer of a fake text message that included either the phrases, “need to sort my head out” and “sorting my life out” (according to WalesOnline) or “sorted her life out” and “head sorted out” (according  to the NY Times). Regardless of which quotation is accurate (assuming that one of them got it right), this can sound like something from an ill-conceived TV cop show and hardly something that would cause the linguist to “jump out of” his skin.

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Knowing bogosity

Last week, at the same time that the U.S. Supreme Court was deciding the syntactic and semantic scope of knowingly in 18 U.S.C. sec. 1028A(a)(1), the English High Court decided, in effect, to insert wide-scope knowingly into a newspaper Op-Ed piece.

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Grammatical justice is served

The following is a guest post by Jason Merchant.

Thought the LangLog would like to hear this week's update on the the Supreme Court case involving adverbial modification argued in February: all nine justices agree with the linguists! The decision is posted, but briefly, the money quote is:

"In ordinary English, where a transitive verb has an object, listeners in most contexts assume that an adverb (such as knowingly) that modifies the transitive verb tells the listener how the subject performed the entire action, including the object as set forth in the sentence."

It is so ordered…

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Gentleman cows

Fifty years ago, my job was to conduct field interviews of older residents in the rural part of the state of Illinois as part of the Linguistic Atlas of the United States and Canada.  The Atlas was trying to document the words, expressions, and pronunciation patterns of older residents who had lived in the same general area all their lives. This proved to be  a fascinating experience for a young man who had lived in large cities all his life. But it actually made me a good field interviewer because I knew nothing about farming and other aspects of rural life and this ignorance actually legitimized my rather mundane questions about such things as what the farmers called the utensil they use to fry eggs with, the machinery they use  to reap their harvests, and what  they call their animals. I haven’t done linguistic geography since those halcyon days, but this New York Times article about the controversy over FCC’s crackdown (the Bono Rule) on the use of dirty words brought back some fond memories.

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Industrial bullshitters censor linguists

A bullshit lie detector company run by a charlatan has managed to semi-successfully censor a peer reviewed academic article. And I don't like it one bit. But first, some background, and then we'll get to the censorship stuff.

Five years ago I wrote a Language Log post entitled "BS conditional semantics and the Pinocchio effect" about the nonsense spouted by a lie detection company, Nemesysco. I was disturbed by the marketing literature of the company, which suggested a 98% success rate in detecting evil intent of airline passengers, and included crap like this:

The LVA uses a patented and unique technology to detect "Brain activity finger prints" using the voice as a "medium" to the brain and analyzes the complete emotional structure of your subject. Using wide range spectrum analysis and micro-changes in the speech waveform itself (not micro tremors!) we can learn about any anomaly in the brain activity, and furthermore, classify it accordingly. Stress ("fight or flight" paradigm) is only a small part of this emotional structure

The 98% figure, as I pointed out, and as Mark Liberman made even clearer in a follow up post, is meaningless. There is no type of lie detector in existence whose performance can reasonably be compared to the performance of finger printing. It is meaningless to talk about someone's "complete emotional structure", and there is no interesting sense in which any current technology can analyze it. It is not the case that looking at speech will provide information about "any anomaly in the brain activity": at most it will tell you about some anomalies. Oh, the delicious irony, a lie detector company that engages in wanton deception.

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Mum fined for calling son a poof?

At first sight the headline suggested a case for the Language Log UK Free Speech Watch Desk and the Abusive Epithets Work Group: Mother fined £250 for 'poof' abuse of gay son. A $370 fine just for using the word 'poof', even within the family? What next? Jail time just for calling one's clumsy husband a stupid bastard? Family life would collapse. Intrafamilial insults are part of a great British tradition.

But no, studying of the fine detail of the article (in the Metro, a free UK newspaper) revealed that it wasn't a matter of word use at all.

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Diamond, the New Yorker, and corpus linguistics

Forbes reports that the April 21, 2008 New Yorker article, “Vengeance is Ours,” by Jared Diamond, has recently generated a $10 million dollar lawsuit brought by Daniel Wemp,  a New Guinean who Diamond claimed was pursuing vengeance for his uncle’s death. His efforts are said to have led to six years of warfare that have claimed the lives of 47 people in New Guinea.  Rhonda Roland Shearer’s very long blog at StinkyJournalism.org provides more details. There’s a connection to Language Log because Shearer asked linguist Douglas Biber to assess whether the long, numerous, and allegedly direct quotations in Diamond’s article were actually spoken language or whether they were written language modified to look like direct quotes. Biber is an expert on measuring the differences between written and spoken language, so it was prudent for Shearer to seek his help with corpus linguistics to help resolve the issue.

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Justinian's linguistic legislation

I happened to be browsing through my copy of Bury's History of the Later Roman Empire and came upon a passage I had forgotten about. The Emperor Justinian is known, if at all, for his legal code. The Justinian code was indeed a great success as a codification. It settled numerous disputed points of law and relieved judges and lawyers of the need to consult a huge range of often contradictory legal sources dating back to the Laws of the Twelve Tables, and in some areas, it was progressive. In areas relating to religion and to sex, however, it was just plain awful, in some ways worse than Shari'a Law.

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Give advice, go to jail

Here's what I think you should do regarding your desire to immigrate to Scotland so you can study linguistics and English language at the University of Edinbu… oops. I nearly put a foot wrong there. According to a brochure I just received from my daytime employer:

Staff should not give immigration advice to students. To do so represents a high risk and is a criminal offence.

A criminal offence? A conversation in which I supply you with some advice about UK immigration matters could end up with me facing criminal charges? Even for me, well versed in the many ways the UK government is permitted to restrict freedom of speech (look for the phrase "who cannot be named for legal reasons" in UK newspapers, for another example), it is hard to get fully attuned to the necessity to button one's lip. Sorry. No advice from me.

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