Silence and Silencing: Their Centripetal and Centrifugal Forces in Legal Communication, Pedagogy and Discourse

65 Pages Posted: 10 Jan 2016 Last revised: 15 Jan 2016

Margaret E. Montoya

University of New Mexico School of Law

Date Written: 2000

Abstract

This article uses Critical Race Theory and LatCrit Theory in its analysis, methodologies, and purpose. I seek to disrupt silences around race and to provide the knowledge and skills for effective work on racial equity and justice.

Language and voice have been subjects of great interest to scholars working in the areas of Critical Race Theory and Latina/o Critical Legal Theory. Silence, a counterpart of voice, has not, however, been well theorized. This Article is an invitation to attend to silence and silencing. The first part of the Article argues that one's use of silence is an aspect of communication that, like accents, is related to one's culture and may correlate with one's racial identity. The second part of the Article posits that silence can be a force that disrupts the dominant discourse within the law school classroom, creating I.earning spaces where deeper dialogue from different points of view can occur. The third part of the Article focuses on the silencing of racial issues within legal discourse and public policy debates, a silencing that is a mechanism for racial control and hegemony. The Article uses the work and imagery of Mikhail Bakhtin, a Russian literary critic, to analyze how silence can have centering and de-centering linguistic force, offering performative and communicative choices that affect racial identities.

Keywords: Critical Race Theory, LatCrit, racial equity, Mikhail Bakhtin, Voice, Language, LatCrit, Critical Race Theory, silence, silencing, communication, legal pedagogy

Suggested Citation

Montoya, Margaret E., Silence and Silencing: Their Centripetal and Centrifugal Forces in Legal Communication, Pedagogy and Discourse (2000). University of Michigan Journal of Law Reform, Vol. 33, 2000. Available at SSRN: https://ssrn.com/abstract=2712873

Margaret E. Montoya (Contact Author)

University of New Mexico School of Law ( email )

1117 Stanford, N.E.
Albuquerque, NM New Mexico 87131
United States
505-345-6382 (Phone)

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