Leading Litigants to Speak the Unspeakable: A Linguistic Analysis of Cross-Examination in Akan Judicial Decisions

Samuel Gyasi Obeng

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Chapter Two Leading Litigants to Speak the Unspeakable: A Linguistic Analysis of Cross-Examination in Akan Judicial Decisions

In: Access to Justice

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Samuel Gyasi Obeng

Samuel Gyasi Obeng
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Type:: Chapter

Pages:: 23–50

DOI:: https://doi.org/10.1163/9789004503052_005

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Abstract

Linguistic analysis is used to illustrate the Akan concept of the rule of law in some sample cases in the Ashanti Queen Mother’s Court, a very popular non-state court. Cross-examination to get at the truth of a claim is a highly developed skill of the court counsellors (akyeama), who use language to tightly control the court discourse and maintain the high social status of court personnel. The litigants also develop strategies of deference and evasion. The perfect use of the Akan legal language plays a key role in establishing credibility as a litigant. One example, however, indicates that even in the highly hierarchal Akan society, chiefs and their accomplices are called to account for breaking the law. The article illustrates the importance of the socio-cultural context of legal discourse for the rule of law and access to justice.

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Access to Justice

The Role of Court Administrators and Lay Adjudicators in the African and Islamic Contexts

E-Book ISBN:: 9789004503052

Publisher:: Brill

Print Publication Date:: 01 Jan 2002

Subjects
- Middle East and Islamic Studies
  - Islamic Law

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Chapter Two Leading Litigants to Speak the Unspeakable: A Linguistic Analysis of Cross-Examination in Akan Judicial Decisions

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Access to Justice

The Role of Court Administrators and Lay Adjudicators in the African and Islamic Contexts

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