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“You Were Interested in Him as a Person?”: Rhythms of Domination in the Kennedy Smith Rape Trial

Published online by Cambridge University Press:  27 December 2018

Abstract

In this study I explore the theoretical and linguistic implications of the Kennedy Smith rape trial, using transcriptions of real live testimony as data. I examine theoretically how the logic of inconsistency in trial testimony of the victim and other witnesses activates an interaction among language, law, and culture as an epistemological practice of domination. In microlinguistic detail, I examine the categorization of action, linguistic ideologies, and situated rhythms of legal language through which our sexual identities are constituted to create an apparent inconsistency in the victim's account. Looking at the law-in-action, I hope to show how social actors use language and culture to create meaning in their legal interaction.

Type
Articles
Copyright
Copyright © American Bar Foundation, 1997 

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References

Abbey, Antonia. 1982. Sex Differences in Attributions for Friendly Behavior: Do Males Misperceive Female's Friendliness Journal of Personality and Social Psychology 42, 830–38.Google Scholar
Abbey, Antonia. 1987. Misperceptions of Friendly Behavior as Sexual Interest: A Survey of Naturally Occuring Problems. Psychology of Women Quarterly 11, 173–94.Google Scholar
Abbey, Antonia. 1991. Misperception as an Antecedent of Acquaintance Rape: A Consequence of Ambiguity in Communication between Women and Men. In Acquaintance Rape: The Hidden Crime, edited by Parrot, A. and Bechhofer, L. New York: John Wiley.Google Scholar
Allison, Julie, and Wrightsman, Lawrence. 1993. Rape: The Misunderstood Crime. Newbury Park, Cal.: Sage Publications.Google Scholar
Atkinson, J. M. 1984. Our Master's Voices: The Language and Body Language of Politics. London: Methuen.Google Scholar
Atkinson, J. M., and Drew, Paul. 1979. Order in Court. Atlantic Highlands, N.J.: Humanities Press.Google Scholar
Atkinson, J. Maxwell, and Heritage, John, eds. 1984. Structures of Social Action. New York: Cambridge University Press.Google Scholar
Baber, Kristine, and Allen, Katerine. 1992. Women and Families: Feminist Reconstructions. New York: Guildford Press.Google Scholar
Baca-Zinn, Maxine, and Eitzen, D. Stanley. 1990. Diversity in American Families. New York: Harper & Row.Google Scholar
Bourdieu, Pierre. 1990. Language ana Symbolic Power. Cambridge: Harvard University Press.Google Scholar
Burns, Stacey. 1996. Lawyer's Work in the Menendez Brothers Murder Trial. Issues in Applied Linguistics 7, 1933.Google Scholar
Chafe, Wallace. 1994. Discourse, Consciousness, and Time. Chicago: University of Chicago Press.Google Scholar
Farmer, Paul. 1990. Bad Blood, Spoiled Milk: Bodily Fluids as Moral Barometers in Rural Haiti. American Ethnologist 17, 6283.Google Scholar
Finnegan, Ruth Finnegan. 1977. Oral Poetry. New York: Cambridge University Press.Google Scholar
Ford, Cecilia. 1993. Grammar in Interaction. New York: Cambridge University Press.Google Scholar
Foucault, Michel. 1980. Power/Knowledge. New York: Pantheon, 1980.Google Scholar
Fowlkes, Martha. 1994. Single Worlds and Homosexual Lifestyles: Patterns of Sexuality and Intimacy. In Sexuality across the Life Course, edited by Rossi, A. Chicago: University of Chicago Press.Google Scholar
Friedrich, Paul. 1989. Language, Ideology, and Political Economy. American Anthropologist 91, 295312.Google Scholar
Gibbs, Raymond. 1994. The Poetics of Mind. New York: Cambridge University Press.Google Scholar
Grosz, Elizabeth. 1994. Volatile Bodies. Bloomington: Indiana University Press.Google Scholar
Halkowski, Timothy. 1990. Role as an Interactional Device. Social Problems 37, 564–77.Google Scholar
Heritage, John, and Greatbatch, David. 1986. Generating Applause: A Study of Rhetoric and Response at Party Political Conferences. American Journal of Sociology 92, 110–57.Google Scholar
Jakobson, Roman. 1960. Concluding Statement: Linguistics and Poetics. In Style in Language, edited by Sebeok, T. Cambridge, Mass.: M.I.T. Press.Google Scholar
Jefferson, Gail. 1990. List-Construction as a Task and Resource. In Interaction Competence, edited by Psathas, G. Washington D.C.: University Press of America.Google Scholar
Komter, Martha. 1994. Accusations and Defenses in Courtroom Interaction, 5 Discourse & Society 5, 165–87.Google Scholar
Lakoff, George, and Johnson, Mark. 1980. Metaphors We Live by. Chicago: University of Chicago Press.Google Scholar
Lazarus-Black, Mindie. Forthcoming. The Rites of Domination: Practice, Process, and Structure in Lower Courts. American Ethnologist.Google Scholar
Li, Charles. 1986. Direct and Indirect Speech: A Functional Study. In Direct and Indirect Speech, edited by Coulmas, F. New York: Mouton de Gruyter, 1986.Google Scholar
Lovejoy, Kim, and Lance, Donald. 1991. Information Management and Cohesion in the Study of Written Discourse. Linguistics and Education 3, 251–73.Google Scholar
Matoesian, Gregory. 1993. Reproducing Rape: Domination through Talk in the Courtroom. Chicago: University of Chicago Press.Google Scholar
Matoesian, Gregory 1995. Language, Law, and Society: Policy Implications of the Kennedy Smith Rape Trial. Law & Society Review 29, 669701.Google Scholar
Matoesian, Gregory Forthcoming. “I'm Sorry We Had to Meet under These Ctrsumstances”: Verbal Artistry (and Wizardry) in the Kennedy-Smith Rape Trial. In Law in Action: Ethnomethodological and Conversation Analytic Approaches to Law, edited by Travers, Max amd Manzo, John. London: Dartmouth Press.Google Scholar
Mauet, Thomas. 1988. Fundamentals of Trial Techniques. Boston: Little, Brown & Co.Google Scholar
Mertz, Elizabeth. 1985. Beyond Symbolic Anthropology: Introducing Semiotic Mediation. In Semiotic Mediation, edited by Mertz, E., & Parmentier, R. New York: Academic Press.Google Scholar
Mertz, Elizabeth. 1992. Language, Law, and Social Meaning: Linguistic/Anthropological Contri butions to the Study of Law. Law & Society Review 26, 413–45.Google Scholar
Mertz, Elizabeth. 1993. Linguistic Ideology and Praxis in U.S. Law School Classrooms. Pragmatics 2, 325–34.Google Scholar
Mertz, Elizabeth. 1994. Legal Language: Pragmatics, Poetics, and Social Power. In Annual Review of Anthropology, edited by Durham, W., Daniel, E., and Schieffelin, B. Palo Alto, Cal.: Annual Reviews Inc.Google Scholar
Mertz, Elizabeth, and Weissbourd, Bernard. 1985. Legal Ideology and Linguistic Theory: Variability and Its Limits. In Semiotic Mediation, edited by Mertz, E., & Parmentier, R. New York: Academic Press.Google Scholar
Ochs, Elinor, Gonzales, Patrick, and Jacoby, Sally. Forthcoming. “When I Come Down I'm in the Domain State”: Grammar and Graphic Representation in the Interpretative Activity of Physicists.” In Interaction and Grammar, edited by Ochs, E., Schegloff, E., and Thompson, S. New York: Cambridge University Press.Google Scholar
Rubin, Lillian. 1983. Intimate Strangers. New York: Basic Books.Google Scholar
Rumsey, Alan. 1990. Wording, Meaning, and Linguistic Ideology. American Anthropologist, 92, 346–61.Google Scholar
Russell, Diana. 1984. Sexual Exploitation. Beverly Hills, Cal.: Sage Publications.Google Scholar
Sack, Harvey. 1992. Lectures on Conversation, Vol. 1. Cambridge, Eng.: Blackwell.Google Scholar
Schiffrin, Deborah. 1984. Making a List. Discourse Processes 17, 377406.Google Scholar
Smart, Carol. 1995. Law, Crime, and Sexuality. London: Sage Publications.Google Scholar
Smith, Dorothy. 1978. K Is Mentally 111. Sociology 12, 2353.Google Scholar
Tannen, Deborah. 1987. Repetition in Conversation: Toward a Poetics of Talk. Language 63, 574605.Google Scholar
Taylor, Charles. 1982. Rationality. In Rationality and Relativism, edited by Hollis, M. and Lukes, S. Cambridge, Mass.: M.I.T. Press.Google Scholar
Thompson, John B. 1990. Ideology and Modem Culture. Stanford, Cal.: Stanford University Press.Google Scholar
Watson, Rod. Forthcoming. Some General Reflections on “Categorization” and “Sequence” in the Analysis of Conversation. In Membership Categorization, edited by Hester, S. and Eglin, P. Lanham, Md.: University Press of America.Google Scholar
Woolard, Kathryn, and Schieffelin, Bambi. 1994. Language Ideology. In Annual Review of Anthropology, edited by Durham, W., Daniel, E., and Schieffelin, B. Palo Alto, Cal.: Annual Reviews Inc.Google Scholar