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TESOL Law Journal Vol 1 2006

March 2008, Volume 2

Vol 2 Index

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Title
Language(s) in the Judicial Process: Tempering Justice with  ‘Mercy’

Author
Noraini Ibrahim

 Bio:-
Noraini Ibrahim (PhD) is Senior Lecturer at the School of Language Studies  and Linguistics, Faculty of Social Sciences and Humanities, Universiti Kebangsaan Malaysia.  She has a keen interest in the intersections of law and language, courtroom discourse and intercultural communication. She received her doctorate from the University of Malaya (20070 and her dissertation is entitled, Courtroom  Discourse: Expert Witness testimony in a criminal case in Malaysia.   

Qualifications:   
Bachelor in Economics (University of Malaya, 1978)
Diploma-in Education  (Institute of Education, Singapore 1980)
RSA TESL  (British Council Singapore, 1981)
Diploma-in Law (UITM, 1987)
Masters in ESL (University of Malaya, 1997)
PhD. Forensic Linguistics (University of Malaya 2007)

 

Abstract
When Malaya achieved independence in 1957, a bilingual language  policy was designed to achieve nationalism and nationism (Asmah Omar 1992). Clause 1 and 2 of  Article 152 of the Federal Constitution, otherwise known as the Language Act, deem that Bahasa Malaysia is the national language, and English is an official language up to 10 years.  When Malaysia was formed in 1963, there was the continued use of English in courts for various practical reasons, foremost of which was the nature of our multi-racial society.  In 1980, Bahasa Malaysia was fully implemented in the legal service and the judiciary. Against this backdrop it is thus expected that Bahasa Malaysia is the language of the legal service and the courts. This paper, which is based on a prolonged in-situ ethnographic investigation  carried out in a Kuala Lumpur criminal court,  would firstly, present findings on the use of language and secondly, offer suggestions as to the continued use of languages other than Bahasa Malaysia in the Malaysian courtroom.  But the issue that remains is, will the current practice hamper our nation’s effort to  mould a Bangsa Malaysia?            

Key words:  courtroom discourse, bilingual language policy, official language, ethnographic investigation 

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