Paper Summary:

This paper looks at language ideology and the law within the context of two cases: the Berrera custody case in Tennessee and the "bilingual bistro" case in Toronto. As time allows, the paper discusses how language ideologies can be used to both understand the legal rulings in each case as well as the opponents' reactions to those rulings. Along the way, the paper considers the following questions; how does Haviland's notion of "referential transparency" relate to the issues raised in each case? What do the cases say about the value of English relative to other languages in North America - and what do they say about the rights of speakers of other languages? Finally, what similarities and differences are there between the language ideologies expressed by Judge Tatum in Tennessee and by the plaintiff Wittenberg in Toronto? The paper shows how both cases feature a very anglo-centric approach to language that actually discourages equal participation/protection in the court system.

From the Paper:

"Over the next several pages, this essay will look at language ideology and the law within the context of two cases: the Berrera custody case in Tennessee and the "bilingual bistro" case in Toronto. As time allows, I will discuss how language ideologies can be used to both understand the legal rulings in each case as well as the opponents' reactions to those rulings. Along the way, the following questions will be considered: how does Haviland's notion of "referential transparency" relate to the issues raised in each case? What do the cases say about the value of English..."

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