It might be powerful; but is it offensive? Unpacking judicial views on the c-word
- Publisher:
- ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD
- Publication Type:
- Journal Article
- Citation:
- Current Issues in Criminal Justice, 2024, 36, (2), pp. 135-156
- Issue Date:
- 2024-01-01
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The word cunt is the second most popular subject of offensive language charges and infringement notices in New South Wales, after fuck. While the latter word has been the subject of considered academic and judicial critique, the basis for any legal offensiveness ascribed to the former term has received inadequate scholarly and jurisprudential attention. Noting the power of judicial discourse to shape what is criminally offensive, in this article, I evaluate judicial views on the ‘c-word’ with reference to sociolinguistic literature on swearing. I find that many of the judicial representations do not withstand scrutiny. The article may aid lawyers attempting to demonstrate evolving views on the word cunt in courtroom advocacy.
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