Legal discourse and the cultural intelligiblity of gendered meanings<sup>1</sup>
Bibliographic record
Abstract
This paper considers the methodological challenges that ‘post‐modern’ approaches to gender ( Cameron 2005 ) pose for the field of language and gender. If we assume that gender cannot be ‘read off’ the identities of speakers, but rather is a social process by which individuals come to make cultural sense, then how do we best investigate this process? As Stokoe (2005) and Stokoe and Smithson (2002) have argued, it is problematic within such frameworks to conduct research that pre‐categorizes individuals as women and men, since it is individuals' constitution as women or men that should be the issue under investigation. Indeed, for Butler (1990: 145), to understand ‘identity as a practice … is to understand culturally intelligible subjects as the resulting effects of a rule‐bound discourse’ (emphasis in original). This suggests that we attend to cultural norms of intelligibility (i.e. the ‘rule‐bound discourse’) and their effects. Following Blommaert (2005) and Woolard (forthcoming) , in this paper I investigate a speech event, a courtroom trial dealing with sexual assault, where understandings of social identities and categories (i.e. ‘norms of intelligibility’) are not only evident in the local talk of speakers and hearers, but also in the recontextualizations of this local talk by powerful institutional representatives (i.e. judges). By examining such recontextualizations of courtroom talk, gender is not ‘read off’ the identities of individuals (i.e. courtroom participants) but rather investigated as it appears in the cultural sense‐making frameworks of judges. Moreover, given that judges are the ultimate interpreters of the linguistic representations of courtroom talk, this paper also demonstrates some of the social consequences associated with the performance of culturally intelligible and unintelligible gendered identities.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.008 | 0.012 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.006 | 0.060 |
| Scholarly communication | 0.015 | 0.011 |
| Open science | 0.002 | 0.007 |
| Research integrity | 0.003 | 0.004 |
| Insufficient payload (model declined to judge) | 0.005 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".