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2 - Law as Discourse

Theoretical and Definitional Parameters

Published online by Cambridge University Press:  05 June 2012

Jothie Rajah
Affiliation:
American Bar Foundation
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Summary

The term ‘discourse’ and the idea of discursive constructions of knowledge have become commonplace in scholarly writing, although ‘discourse’ has been used largely in a taken-for-granted manner. In order to be clear on what I mean by ‘discourse’ (a term so expansive and inclusive in its meanings and applications “that [it] should be marked ‘Danger’”), I first outline the definitions and parameters of discourse and discourse theory that shape my analysis.

Foucaultian scholar Gary Wickham describes discourses as “visible ‘systems of thought’” such that, for example,

the legal discourses involved in the regulation of gambling involve much thought, but we do not and should not look for the ‘source’ of the thinking ‘inside’ some head or heads. We are presented with the surfaces of appearance of this thinking in written judgments and regulations, in the design of casinos and other gambling venues, in the comportment and conversations of the gamblers and the staff at the venues, in policing arrangements and practices, and so on. This is discourse – quotidian not mysterious.

Discourse is thus evident, everyday and mundane. It is also inextricably part of social processes and practices. In one influential form of theorising on discourse that is informed, in part, by Foucault’s work, Critical Discourse Analysis, ‘discourse’ is described as a term that signals recognition that language use is socially determined. The social determination of language is disaggregated as meaning

[f]irstly, that language is a part of society and not somehow external to it. Secondly, that language is a social process. And thirdly, that language is a socially conditioned process, conditioned that is by other (non-linguistic) parts of society.

In Critical Discourse Analysis, language choices and power relations in society are seen as co-determined such that an analysis of communication in a particular social institution ties together the macro-analysis of society with the micro-analysis of particular texts. Thus, a close reading of a legislative text, its conditions and contexts validly enables a reading of ‘law’ and power relations in the Singapore state.

Type
Chapter
Information
Authoritarian Rule of Law
Legislation, Discourse and Legitimacy in Singapore
, pp. 55 - 64
Publisher: Cambridge University Press
Print publication year: 2012

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References

Post, RobertLaw and the Order of CultureBerkeleyUniversity of California Press 1991Google Scholar
Harbermas, JürgenBetween Facts and Norms: Contributions to a Discourse Theory of Law and DemocracyCambridge, MAMIT Press 1995Google Scholar
Tremewan, ChristopherThe Political Economy of Social Control in SingaporeNew YorkSt. Martin’s Press 1994CrossRefGoogle Scholar
Leong, Ho KhaiShared Responsibilities, Unshared Power: The Politics of Policy-Making in SingaporeSingaporeMarshall Cavendish 2003Google Scholar
Apel, Karl-Otto2 Discourse Ethics, Democracy, and International Law: Towards a Globalization of Practical Reason 2007 66:1 American Journal of Economics & Sociology49CrossRefGoogle Scholar
Foucault, MichelMichel Foucault: Power, Essential Works of Foucault, 1954–1984LondonPenguin 2002Google Scholar

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  • Law as Discourse
  • Jothie Rajah
  • Book: Authoritarian Rule of Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511998201.003
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  • Law as Discourse
  • Jothie Rajah
  • Book: Authoritarian Rule of Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511998201.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law as Discourse
  • Jothie Rajah
  • Book: Authoritarian Rule of Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511998201.003
Available formats
×