The Language of Law School This page intentionally left blank

Story, Performance, and Event
; Brenneis and Myers,
 Danger-
ous Words
; Briggs, 
Competence in Performance
; Duranti and Goodwin, 
Rethinking Context
;
Gumperz,
 Discourse Strategies
; Hill and Irvine, 
Responsibility and Evidence in Oral Discourse
.
36. This difficulty exists even, or especially, with the speech act theorists. See, e.g.,
Searle,
Speech Acts
. For an in-depth discussion of the general division between presupposing
and creative (or entailing) aspects of language use, see Silverstein, “Language Structure.”
See also Yovel, “The Language beyond Law,” on speech act theory and legal language.
37. Woolard and Schieffelin, “Language Ideology,” 57 (citing Silverstein, Heath, and
Irvine). Woolard and Schieffelin provide a very useful overview of this field of study. See
also Silverstein’s pioneering 1979 article on linguistic ideology, “Language Structure and
Linguistic Ideology,” and the articles in Scheiffelin et al., 
Language Ideologies
.
38. Gal and Irvine, “Boundaries of Languages.” Gal and Irvine’s concept of “iconicity”
applies when speakers perceive there to be a common “essence” that is shared by the lin-
guistic form and aspects of the social identity that this form indexes.
39. See Silverstein, “Metapragmatic Discourse.” In this and more recent work,
Silverstein has carefully delineated the crucial role of indexical structuring in mediating
the “real-time” unfolding of social meaning. Silverstein, “Indexical Order.”
40. See, e.g., Schieffelin, 
Give and Take of Everyday Life
; Schieffelin and Ochs,
 Lan-
guage Socialization across Cultures
; Kulick and Scheiffelin, “Language Socialization”; Foley,
Anthropological Linguistics
, 345–358. See also Gergen, 
Cultural Psychology
; Shweder and
Levine,
Culture Theory
; Watson-Gegeo and Nielsen, “Language Socialization in SLA.”
41. Ochs, 
Culture and Language Development,
 145, 163–165.
42. These linguistic routines index, or point to, the social values that they seek to
inculcate. This is the kind of connection between the external social world and the inter-
nal developing understanding of the child that Vygotskian scholars have sought, includ-
ing their search to “specif[y] the mechanisms that connect early linguistic activity that is
inextricably tied to the concrete extralinguistic environment and later linguistic activity
involving abstract definitions.” Wertsch, introduction, in 
Culture, Communication and
Cognition
, 16.
232
Notes to Pages 19–21

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43. See Duff et al., “Learning Language for Work and Life”; Jacobs-Huey,
 Becoming
Cosmetologists
; Philips, “The Language Socialization of Lawyers”; see generally Berger and
Luckmann,
Social Construction of Reality
. Here Silverstein would speak of second-order
indexicalities of identity. Silverstein, “Indexical Order.”
44. Finkelstein, “Studies in the Anatomy Laboratory,” 23.
45. See Turner, 
Dramas, Fields, and Metaphors
; Van Gennep, 
Rites of Passage
; see also
Goffman,
 The Presentation of Self
.
46. Turner, 
Dramas, Fields, and Metaphors
, 259.
47. Id
.
, 195–198. Note that while neophytes are in a liminal state, separated from
society, they would technically be referred to as “initiands”; on their return to society, they
would gain the status of “initates.” Through much of the text of this book, I eschew the
more technical vocabulary in discussing law students as initiates, but it should be recalled
that while they are in law school (and particularly in their first year), the correct technical
term would be initiand.
48. Van Gennep,