My academic journey as a Law & Society student has taught me that law evolves alongside society, underscoring their interconnectedness. For years, I have studied various courses, including “Sociology of the Law”, “Popular Trials”, “Public Administration”, “Paradoxes of Rights”, and more, all of which have deepened my understanding of how society shapes law and influences justice systems. However, one course, called “Language and the Law”, introduced me to something new.
It is reasonable to assume that most people go about their day-to-day lives without worrying much about whether they understand the people they interact with, and that minor miscommunications may not have significant adverse consequences. But how about if you are a person on trial? Being able to understand and be understood will not just be a lingering thought, but a constant, restless struggle to be truly heard. In these circumstances, interpreters step in to bridge this gap.
Having read and studied Diana Eades’s Book, Sociolinguistics and the Legal Process, as part of my required readings in this course, I’ve learned that language is a significant part of how people experience the law and the justice system. Sociolinguistics, a subfield of linguistics, examines the relationship between society and language (Eades, 2010). According to Eades, “the interpreter’s job is to ‘replicate the original source language message in the target language that would have the same effect on listeners” (Eades, 2010, p. 70). However, interpreters sometimes face semantic, grammatical, pragmatic, and cultural challenges in the courtroom that can adversely affect the person on trial. For instance, there are semantic challenges when words or expressions in one language have no equivalent in the target language. Nevertheless, no matter how perfectly an interpreter replicates the source-language message, significant cultural differences may render the interpretation nonsensical (Eades, 2010). Non-English or second-language speakers, and individuals with severe hearing loss who are not proficient in English or use English as a second language, may have a harder time working with interpreters. As students, how can we help address these issues in the future?
I believe that becoming more educated and informed about any issue is the best way to address it. At a surface level, one might think, how can taking one course in university make a significant change? It makes all the difference because it is about seeing the bigger picture. It is about one more person with this educational background in the justice system who is not only aware of the struggles but may also have the perspective to form an opinion, however big or small it may be.
Although “Language and the Law” was not required for me as a Law & Society student, I recommend that my peers take it. Prior to taking this course, I was cognizant of the power of words in law, but I was not aware that interpreters faced many different challenges. Combining interdisciplinary socio-legal studies with sociolinguistics provides valuable insights into how some people may have difficulty being understood in the justice system. More importantly, these insights can provide perspectives on how future students can take action to help these individuals have better experiences.
References
Eades, D. (2010). Sociolinguistics and the legal process. Multilingual Matters.
By Sarah Fadavi-Anbiayee
My name is Sarah Fadavi-Anbiayee and I’m currently a Student Success Ambassador for the YU Explore Program as well as a Student Recruitment Ambassador. My program of study is Law & Society with a certificate in Public Administration & Law. I’m also deeply honored to be part of the Dean's Circle of Student Scholars. Alongside my passion for the legal field, I have a strong passion for writing. I have served as both a writer and Editor-in-chief for Her Campus 91ɫ U. For the past two years, I have served as a peer mentor in the YFF program, supporting incoming international students, helping them have an easier transition to 91ɫ and Campus life. In my final year at 91ɫ, I became a College Crew Volunteer. I enjoyed being able to give back to the LA&PS community while building my leadership skills along the way. As a part of my academic journey, I hope to raise awareness about the challenges faced by ESL and Non-English speakers within the justice system and advocate for greater access to better informed and socio-culturally trained court interpreters, to make people facing language barriers feel better understood and supported.
