Exploring Legal Concepts in Language Education: Understanding ‘Guilty by Association’

Language education has evolved over recent years to the point that educators and learners alike have come to learn that learning refers to a network of inter-related systems, which must be understood in order for a person to gain full benefit of the experience. To this end, educators and learners of English and other second languages have begun to utilize legal concepts from widely divergent fields of law, including evidential based laws and criminal laws, to find deeper understanding of core codified concepts. However, this has also meant that there is a need for a standardization in the degree of elaboration and examples used as a reference in this area. A legal principle regarding guilt by association is likely to have a corollary or synonym other laws that are subjected to the same interpretation of the law codified under “law guilty by association.”

Let’s explore the legal concept of law guilty by association a bit deeper.

As a starting point, this law refers to a principle in the legal theory that considers a person or entity guilty because of the actions of others, often referred to as guilt by association. This kind of law applies to evidence law, criminal law, civil penalties and even corporate law. For example, consider this real-world example of law guilty by association:

Company ABC performs a quality assurance check of their product. During the inspection, they found that testers of their product have reported on several occasions that certain aspects of their product are defective. The company informs the testers not to report the defect on media outlets because there may be more defects on a larger scale. However, an employee who is unable to keep this knowledge to himself reports this information to The Center for Applied Linguistics, an organization that publishes educational material and resources focused on linguistics, language education, and language learning and teaching, and several other media outlets. The news spreads and the company is sued.

The legal concept of law guilty by association plays a major role in court cases. This is because when prosecuted, the company ABC is guilty by association with someone who has committed a crime. Although company ABC has not committed any wrongdoings, the company will be punished in the same manner as the person who has committed the wrongdoing. In another example, think of tax evasion and tax shelter laws with respect to the employer responsible for remitting said taxes, which result in penalties and fines. This is one real-world application of how disciplinary law that a second language learner will come across in their lives.

The legal concept of law guilty by association is important for several reasons.

All consider this. If company ABC could have simply allowed the testers of their product to report the defect without thinking that the defect of their product is of great concern, the media would not have published an article on their product, which would result in fewer customers thinking twice before purchasing their product again. The company in the case above did not think in this manner, resulting in a court case that may or may not favor their company.

Keeping the larger picture in mind is important for educators. The advantages of learning about the legal concept of law guilty by association are:

Secondly, the benefits gained by business will certainly extend to their employees. In fact, several organizations have geared their approaches to training employers at companies to teach them about the legal concept of law guilty by association.

Business employees are not the only ones who can benefit from this legal concept; educators too can benefit greatly. Suppose you are an educator teaching a second or third language. The understanding of legal codes enhances the level of finely-tuned learning experienced by students.

For instance, consider a classroom activity that brings together both aspects of advocacy and education for awareness of this concept. The activity could involve developing a story or real-life situation in which the students will make recommendations to the person or organization that has been influenced by a particular event. In this case, it allows them to understand that what they do, such as reporting a deficiency in product, has an impact on someone else and how this impact can have both a positive or negative effect.

Perhaps you’d rather teach English through the benefits of the legal concept of law guilty by association in higher education? Perhaps you work in an adult basic education program with adult learners? The following strategies may help you to teach the concept in your classroom.

While there are still not many researchers that have looked into the relationship between the legal concept of law guilty by association and language, there are some who share the same vision for global understanding of the legal concept of law guilty by association. This financial and economic stance, according to this research in finance and law, advocates that individuals do not have ownership rights of their assets and assets may be transferred from one individual to another, which violates property rights. This implicates the legal concept of law guilty by association because when an individual infringes on another person’s rights, they are likely to be guilty of committing a crime.

In addition, the sharing of research has resulted in research studies focused on additional areas of law, such as human rights. Look at this research in human rights advocacy and the law.

Educational resources too have begun to incorporate the legal concept of law guilty by association into their resources. Take a look at this resource here.

Second language acquisition is also another area of education that has seen similar research into the legal concept of law guilty by association. Explore this research in second language acquisition through the law.

For instance, when Edwards v. Aguillard (1987) 482 U.S. 578 (USSC) was brought up in a case, graders and teachers began to discuss what this decision in Edwards v. Aguillard (1987) 482 U.S. 578 (USSC) meant for students. It meant that when there are issues related to science, such as evolution versus creationism, English language educators might discover that new vocabularies are learned with relation to these scientific concepts. The vocabulary and phrases learned do not necessarily have a single meaning but would have additional meaning associated with the discussion of the issue.

In the end, consider this simple advice to educators. When teaching language, always look to weave your lessons, especially those related to law. This will allow for greater knowledge retention.