The primary objective of this study is to look into the complexities and complications of legal discourse and how they manifest themselves in the courtroom. The research looks at the dynamics in a courtroom and the jury room in the film 12 Angry Men. The study aims to show how language acts as a source of agency and power in a legal setting, as well as to look into how speakers cooperate in a legal setting. The researcher devised a framework based on Heffer's (2013) legal and forensic discourse model as well as Grice's (1975) Cooperative Principle and its maxims. The data for the study comes from the film 12 Angry Men, which is based on a true story. Forensic discourse analysis was used to analyse the data. This method analyses the utterances and other features present in the legal discourse, as well as its implications. The main findings of the study show that the judge's voice is projected in the court with a significant amount of dominance. Similarly, there is a lack of direct communication that affects the trial by making it difficult for the jury to fully comprehend the facts of the case. Furthermore, the agency is frequently removed from the jury, resulting in a misunderstanding of the case. The majority of the jury members are bored and sleepy, while others have an unhealthy fondness for the prosecution. The final finding concerns the jury members' power play in the jury trial, as evidenced by the jury members' failure to project their voices effectively, and their lack of cooperation. The forensic discourse analysis reveals that all of the maxims were repeatedly violated by the jury members. The most frequently flouted maxims, however, were those of quantity and relevance. This demonstrates how the desire for authority and the lack of agency can have far-reaching implications for the final decision.
This document discusses discourse and genre. It defines discourse as a group of sentences that link propositions together to form a coherent unit. Genre is defined as a patterned and purposeful type of communication that is part of a culture. The document explains that discourse analysis is a type of genre analysis, and genres have distinguishing structures, purposes, language features and relationships to social contexts. It provides examples of common text genres like narratives, recounts and procedures to illustrate how analyzing genres can help analyze discourse.
This document discusses key concepts in discourse analysis including:
1) The difference between discourse and text, with discourse referring to language use in context and text being any written or spoken communication.
2) How coherence is created in texts through cohesive devices like reference, substitution, ellipsis, conjunction, and lexical cohesion.
3) The relationship between words and meanings in semantics and how pragmatics studies language use in social contexts.
This document provides an overview and summary of Teun van Dijk's book "Discourse and Power". It discusses that the book defines critical discourse analysis and its aims to analyze how social power, dominance, and inequalities are reproduced through text and talk. It also examines discourse as both a product of social inequalities and as a tool that can legitimize dominance and power abuse. The document reviews key aspects of van Dijk's conceptual framework for analyzing the relationship between discourse and power.
This document discusses critical discourse analysis (CDA) and the relationship between discourse and power. CDA examines how social power is abused and reproduced through text and talk. The goals of CDA are to understand, expose, and resist social inequalities that are enacted through discourse. CDA takes a multidisciplinary approach and views discourse as inherently part of social structures and power relationships, rather than being value-neutral. It focuses on how discourse confirms, legitimizes, and challenges social relations of power and dominance.
Grice's theory of conversational implicatureLahcen Graid
Grice's theory of implicature examines how speakers imply meanings beyond what is literally said through utterances. It distinguishes between what is said, based on literal meaning of words, and what is implicated or suggested. Grice provides an example where a speaker implies something different by saying "he hasn't been to prison yet." His theory also differentiates between conventional implicatures from literal meanings of words and conversational implicatures derived from cooperation between speakers. Grice proposes a cooperative principle and maxims like quality and quantity that speakers generally follow but can flout to generate implicatures. When maxims are flouted, hearers can infer additional intended meanings or implicatures.
Critical discourse analysis (CDA) aims to reveal hidden values and perspectives in language use. CDA explores the connection between language and its social/political contexts. Key principles of CDA are that social issues are constructed through discourse, power relations are negotiated in discourse, and ideologies are produced in discourse. CDA analyzes discourse genres, framing, multimodality, identity construction, and texts from the world wide web. Criticisms of CDA include that it does not sufficiently consider reader interpretation or provide systematic textual analysis.
Unit 6. Ideologies, social-identities & reproduction of these in societyNadia Gabriela Dresscher
This document discusses discourse and how it relates to ideologies and the construction of social realities. It explores what ideologies are and how they relate to identity and affect how people make sense of the world. Ideologies are the fundamental beliefs shared by members of a social group. Discourse plays a role in both constructing and reproducing ideologies in society. Mental models are influenced by ideologies and affect how people interpret events and engage in discourse.
1) Mental categories allow us to efficiently organize and relate objects/events by classifying perceptually distinct things as the same in some way. This reduces learning/memory demands and enables quicker decisions.
2) The human mind does not represent categories through rigid definitions requiring necessary and sufficient conditions. Prototype theory proposes we ask how typical an object is of a category rather than if it strictly satisfies all criteria.
3) Prototypes tend to be more complex/abstract than a simple mean or mode and represent the most typical features shared between category members. Family resemblance allows membership without directly shared features.
This document discusses discourse and genre. It defines discourse as a group of sentences that link propositions together to form a coherent unit. Genre is defined as a patterned and purposeful type of communication that is part of a culture. The document explains that discourse analysis is a type of genre analysis, and genres have distinguishing structures, purposes, language features and relationships to social contexts. It provides examples of common text genres like narratives, recounts and procedures to illustrate how analyzing genres can help analyze discourse.
This document discusses key concepts in discourse analysis including:
1) The difference between discourse and text, with discourse referring to language use in context and text being any written or spoken communication.
2) How coherence is created in texts through cohesive devices like reference, substitution, ellipsis, conjunction, and lexical cohesion.
3) The relationship between words and meanings in semantics and how pragmatics studies language use in social contexts.
This document provides an overview and summary of Teun van Dijk's book "Discourse and Power". It discusses that the book defines critical discourse analysis and its aims to analyze how social power, dominance, and inequalities are reproduced through text and talk. It also examines discourse as both a product of social inequalities and as a tool that can legitimize dominance and power abuse. The document reviews key aspects of van Dijk's conceptual framework for analyzing the relationship between discourse and power.
This document discusses critical discourse analysis (CDA) and the relationship between discourse and power. CDA examines how social power is abused and reproduced through text and talk. The goals of CDA are to understand, expose, and resist social inequalities that are enacted through discourse. CDA takes a multidisciplinary approach and views discourse as inherently part of social structures and power relationships, rather than being value-neutral. It focuses on how discourse confirms, legitimizes, and challenges social relations of power and dominance.
Grice's theory of conversational implicatureLahcen Graid
Grice's theory of implicature examines how speakers imply meanings beyond what is literally said through utterances. It distinguishes between what is said, based on literal meaning of words, and what is implicated or suggested. Grice provides an example where a speaker implies something different by saying "he hasn't been to prison yet." His theory also differentiates between conventional implicatures from literal meanings of words and conversational implicatures derived from cooperation between speakers. Grice proposes a cooperative principle and maxims like quality and quantity that speakers generally follow but can flout to generate implicatures. When maxims are flouted, hearers can infer additional intended meanings or implicatures.
Critical discourse analysis (CDA) aims to reveal hidden values and perspectives in language use. CDA explores the connection between language and its social/political contexts. Key principles of CDA are that social issues are constructed through discourse, power relations are negotiated in discourse, and ideologies are produced in discourse. CDA analyzes discourse genres, framing, multimodality, identity construction, and texts from the world wide web. Criticisms of CDA include that it does not sufficiently consider reader interpretation or provide systematic textual analysis.
Unit 6. Ideologies, social-identities & reproduction of these in societyNadia Gabriela Dresscher
This document discusses discourse and how it relates to ideologies and the construction of social realities. It explores what ideologies are and how they relate to identity and affect how people make sense of the world. Ideologies are the fundamental beliefs shared by members of a social group. Discourse plays a role in both constructing and reproducing ideologies in society. Mental models are influenced by ideologies and affect how people interpret events and engage in discourse.
1) Mental categories allow us to efficiently organize and relate objects/events by classifying perceptually distinct things as the same in some way. This reduces learning/memory demands and enables quicker decisions.
2) The human mind does not represent categories through rigid definitions requiring necessary and sufficient conditions. Prototype theory proposes we ask how typical an object is of a category rather than if it strictly satisfies all criteria.
3) Prototypes tend to be more complex/abstract than a simple mean or mode and represent the most typical features shared between category members. Family resemblance allows membership without directly shared features.
This document summarizes the key points of a letter from President Bill Clinton formally apologizing to Japanese Americans for their unjust internment during World War 2. It provides context on the 120,000 Japanese Americans who were relocated to internment camps in 1942. It then discusses the cultural differences between Japanese and American communication styles as it relates to politeness theory. Finally, it includes excerpts from Clinton's 1993 letter apologizing for the actions that denied Japanese Americans their liberties and pledged to renew the nation's commitment to equality and freedom.
Discourse analysis involves studying language beyond the sentence level, including conversations and written texts. There are various approaches to discourse analysis from different fields like sociology, linguistics, and philosophy. Sociological approaches include conversational analysis which examines turn-taking, openings/closings of conversations. Systemic functional linguistics views language as evolving based on its social functions and analyzes texts in relation to social contexts. Critical discourse analysis considers how power and social domination are reproduced through language.
Discourse Analysis Weeks 1,2,3 and 4.pdfAmadStrongman
This document provides an introduction to the course "Introduction to Discourse Analysis" taught by Abdelmalek El Kadoussi. It discusses key topics that will be covered in the course including defining discourse and discourse analysis, examining language use in context, relationships between discourse and knowledge/society/genres/conversation, and approaches like critical discourse analysis. The course outline lists the weekly topics to be covered over 12 weeks. It emphasizes that discourse analysis considers how language varies based on factors like subject area, social context, culture, and participant identities.
The slides contain a short account of the relationship between discourse analysis and interactional sociolinguistics linguistics. They also provide a short account of different approaches to politeness. The influence of Gumperz and Goffman on politeness and facework is highlighted.
The document provides an overview of critical discourse analysis (CDA). It discusses how CDA emerged from critical linguistics and examines how language both shapes and is shaped by society. CDA is concerned with studying texts to reveal the discursive sources of power, dominance, and bias. The document also describes Fairclough's three-dimensional model of CDA and how it analyzes the text, discursive practice, and social practice dimensions of language.
This document provides an introduction to Systemic Functional Grammar (SFG). It discusses the following key points:
1) SFG views language as a system of choices and was developed based on the work of Malinowski, Firth, and Halliday. It examines language from a functional perspective rather than just a structural perspective.
2) SFG represents grammar as system networks that show the paradigmatic choices available and realization rules that map choices to syntactic structures. This models the relationship between semantic choices and surface structures.
3) In SFG, language is analyzed in terms of three metafunctions - the ideational to represent experience, the interpersonal to enact social relationships, and the textual to organize messages
Forensic linguistics applies linguistic analysis to legal contexts. It examines language evidence in investigations, trials, and legal procedures. There are three main areas of application: understanding written law, language use in legal processes, and providing linguistic evidence. Forensic linguists analyze both written documents and spoken language to determine authorship, detect plagiarism, and help solve crimes. Their analyses consider syntax, style, spelling, punctuation, and other linguistic features.
The document discusses gender and conversation analysis. It explains that conversation analysis has contributed to discussions about language and gender by viewing language as constructing social reality rather than just reflecting it. Conversation analysis reveals how gender is constructed through social interaction and can account for gender as a relevant feature. The analysis of conversations can help uncover aspects of gendered interaction. Membership categorization analysis examines how people use social categories to classify individuals and make inferences about their typical activities.
The referential theory of meaning holds that (1) words function as labels that stand for or refer to objects, people, and states of affairs in the real world, and (2) the meaning of a sentence is determined by the individual references of its components and how they are combined. However, this theory faces four key problems: (1) some words like "nobody" don't refer to real objects, (2) words can have different meanings despite referring to the same thing, (3) the objects words refer to are constantly changing, and (4) people's semantic expertise, or ability to identify referents, varies.
This document provides an overview of linguistic approaches to analyzing ideology between 1979 and 2010. It discusses three main approaches: Critical Linguistics (CL), Critical Discourse Analysis (CDA), and Critical Stylistics (CS). CL, introduced in 1979, used linguistic analysis and Systemic Functional Grammar to analyze ideology in texts. CDA, developed in 1989, expanded CL to include social and institutional contexts. Between 1989-2010, various CDA theories emerged. CS, introduced in 2010, returned linguistic analysis to the forefront by drawing on CL and CDA. The document reviews developments across these three decades in applying linguistic theories to analyze textual ideologies.
This document discusses the concept of diglossia, which refers to a situation where two varieties of the same language exist side by side within a speech community. It introduces diglossia and defines it as a stable language situation where a community uses a primary dialect as well as a divergent, codified superposed variety used for formal purposes like education, writing, and official spoken contexts. It then discusses different aspects of diglossia, including the functions of high vs low varieties, prestige and acquisition of the varieties, standardization efforts, differences in grammar, lexicon, and phonology between varieties. The document concludes that in diglossia, no one speaks the high variety as a mother tongue.
Pragmatics: Conversation and Preference StructureEko Alreza
Conversation analysis is a method for studying social interaction through analyzing ordinary conversation. It focuses on how participants exchange talk and social actions on a turn-by-turn basis through mechanisms like turn-taking, transition relevance places, and turn-constructional units. Key aspects of conversation that are examined include pauses, overlaps, backchannels, conversational styles, adjacency pairs, opening and closing sections, and preference structure.
This document discusses concepts of politeness and face-threatening acts. It defines positive and negative politeness as redressive actions that consider another's feelings to establish comfort and rapport. Positive politeness satisfies one's desire to feel their wants are desirable, while negative politeness respects one's freedom and independence. Ten strategies of positive politeness and ten of negative politeness are outlined for how speakers perform or mitigate face-threatening acts through indirect, deferential or apologetic language. Cultural differences in politeness across societies are also noted.
This document discusses genre analysis and different types of genres. It defines genre as a way to group texts that share common communicative purposes. There are three main approaches to genre analysis in applied linguistics: English for Specific Purposes, New Rhetoric, and functional-systematic. The document also discusses public genres that are openly accessible versus occluded genres that are more closed. It provides examples of academic and professional genres and describes characteristics of professional genres like genre integrity and being products of established disciplinary procedures. The conclusion states that genre analysis enhances understanding of language use within important discourse communities.
This document summarizes Ruth Wodak's Discourse Historical Model approach to critical discourse analysis (CDA). It discusses how CDA highlights the relationship between social power relations and discourse. It also notes that CDA is not a single theory but a diverse research program. The Discourse Historical Approach is problem-oriented and interdisciplinary. It integrates historical context and explores how discourse changes over time. According to this approach, language is social and interconnected with power dynamics, ideologies, interactions, and interpretations.
Cognitive semantics holds that language reflects human cognitive abilities and how people conceive of the world. It focuses on how language is acquired, contextual, and based on general cognitive resources. A key theory is Conceptual Metaphor Theory, which proposes that metaphors allow understanding one domain in terms of another through systematic mappings. Metaphors exhibit features like conventionality, asymmetry, systematicity, and abstraction. They also influence linguistic behaviors and the development of language over time. Similarly, metonymy connects concepts within a domain through associated features.
The Professor Felicia Oviedo shared you experience in the...
41st International Systemic Funcional Congresss
X Latin-American Systemic Functional Congress
Universidad Nacional de Cuyo, Facultad de Filosofía y Letras, Mendoza, Argentina
The document provides a step-by-step guide for analyzing the style and techniques used in a non-fiction text. It outlines key areas to examine such as the audience, theme, tone, emotion, diction, syntax, organization, perspective and more. Examples are given for each category to illustrate what to look for and how different writing choices can impact the overall style.
This ethnographic analysis seeks to understand how the Jurisprudence’s notion of the “rule of law”,
with its norms of objectivity, neutrality and impartiality, is actualized in criminal courtroom
hearings of a regional trial court in Metro Manila. It argues that the production of justice and
oral textuality of law are precarious, subject to negotiation, and shaped by the power dynamics
that takes place inside the courtroom, particularly through the disciplinary powers of language,
interpretation, translation, and decision making. The analysis reveals the inadequacy of the
Philippine judicial system to address the problems of subjectivism and partiality in deciding
criminal cases.
Published in Loyola Schools Review, Social Science Edition. Ateneo de Manila University. Vol. 1. December 2001.
This document provides an overview of forensic linguistics. It defines forensic linguistics as the application of linguistic knowledge, methods and insights to legal contexts such as law, crime investigation, and judicial procedures. Some key points:
- Forensic linguistics involves the analysis of language used in legal settings and documents, including legislation, court proceedings, interviews, and witness statements.
- Areas of study within forensic linguistics include understanding the language of legal texts and processes, and providing linguistic evidence in areas like author identification, trademark disputes, and voice analysis.
- Linguistic analysis can be applied at different stages of legal cases and proceedings, from initial investigations to trials and appeals. Forensic linguists may interpret meanings,
This document summarizes the key points of a letter from President Bill Clinton formally apologizing to Japanese Americans for their unjust internment during World War 2. It provides context on the 120,000 Japanese Americans who were relocated to internment camps in 1942. It then discusses the cultural differences between Japanese and American communication styles as it relates to politeness theory. Finally, it includes excerpts from Clinton's 1993 letter apologizing for the actions that denied Japanese Americans their liberties and pledged to renew the nation's commitment to equality and freedom.
Discourse analysis involves studying language beyond the sentence level, including conversations and written texts. There are various approaches to discourse analysis from different fields like sociology, linguistics, and philosophy. Sociological approaches include conversational analysis which examines turn-taking, openings/closings of conversations. Systemic functional linguistics views language as evolving based on its social functions and analyzes texts in relation to social contexts. Critical discourse analysis considers how power and social domination are reproduced through language.
Discourse Analysis Weeks 1,2,3 and 4.pdfAmadStrongman
This document provides an introduction to the course "Introduction to Discourse Analysis" taught by Abdelmalek El Kadoussi. It discusses key topics that will be covered in the course including defining discourse and discourse analysis, examining language use in context, relationships between discourse and knowledge/society/genres/conversation, and approaches like critical discourse analysis. The course outline lists the weekly topics to be covered over 12 weeks. It emphasizes that discourse analysis considers how language varies based on factors like subject area, social context, culture, and participant identities.
The slides contain a short account of the relationship between discourse analysis and interactional sociolinguistics linguistics. They also provide a short account of different approaches to politeness. The influence of Gumperz and Goffman on politeness and facework is highlighted.
The document provides an overview of critical discourse analysis (CDA). It discusses how CDA emerged from critical linguistics and examines how language both shapes and is shaped by society. CDA is concerned with studying texts to reveal the discursive sources of power, dominance, and bias. The document also describes Fairclough's three-dimensional model of CDA and how it analyzes the text, discursive practice, and social practice dimensions of language.
This document provides an introduction to Systemic Functional Grammar (SFG). It discusses the following key points:
1) SFG views language as a system of choices and was developed based on the work of Malinowski, Firth, and Halliday. It examines language from a functional perspective rather than just a structural perspective.
2) SFG represents grammar as system networks that show the paradigmatic choices available and realization rules that map choices to syntactic structures. This models the relationship between semantic choices and surface structures.
3) In SFG, language is analyzed in terms of three metafunctions - the ideational to represent experience, the interpersonal to enact social relationships, and the textual to organize messages
Forensic linguistics applies linguistic analysis to legal contexts. It examines language evidence in investigations, trials, and legal procedures. There are three main areas of application: understanding written law, language use in legal processes, and providing linguistic evidence. Forensic linguists analyze both written documents and spoken language to determine authorship, detect plagiarism, and help solve crimes. Their analyses consider syntax, style, spelling, punctuation, and other linguistic features.
The document discusses gender and conversation analysis. It explains that conversation analysis has contributed to discussions about language and gender by viewing language as constructing social reality rather than just reflecting it. Conversation analysis reveals how gender is constructed through social interaction and can account for gender as a relevant feature. The analysis of conversations can help uncover aspects of gendered interaction. Membership categorization analysis examines how people use social categories to classify individuals and make inferences about their typical activities.
The referential theory of meaning holds that (1) words function as labels that stand for or refer to objects, people, and states of affairs in the real world, and (2) the meaning of a sentence is determined by the individual references of its components and how they are combined. However, this theory faces four key problems: (1) some words like "nobody" don't refer to real objects, (2) words can have different meanings despite referring to the same thing, (3) the objects words refer to are constantly changing, and (4) people's semantic expertise, or ability to identify referents, varies.
This document provides an overview of linguistic approaches to analyzing ideology between 1979 and 2010. It discusses three main approaches: Critical Linguistics (CL), Critical Discourse Analysis (CDA), and Critical Stylistics (CS). CL, introduced in 1979, used linguistic analysis and Systemic Functional Grammar to analyze ideology in texts. CDA, developed in 1989, expanded CL to include social and institutional contexts. Between 1989-2010, various CDA theories emerged. CS, introduced in 2010, returned linguistic analysis to the forefront by drawing on CL and CDA. The document reviews developments across these three decades in applying linguistic theories to analyze textual ideologies.
This document discusses the concept of diglossia, which refers to a situation where two varieties of the same language exist side by side within a speech community. It introduces diglossia and defines it as a stable language situation where a community uses a primary dialect as well as a divergent, codified superposed variety used for formal purposes like education, writing, and official spoken contexts. It then discusses different aspects of diglossia, including the functions of high vs low varieties, prestige and acquisition of the varieties, standardization efforts, differences in grammar, lexicon, and phonology between varieties. The document concludes that in diglossia, no one speaks the high variety as a mother tongue.
Pragmatics: Conversation and Preference StructureEko Alreza
Conversation analysis is a method for studying social interaction through analyzing ordinary conversation. It focuses on how participants exchange talk and social actions on a turn-by-turn basis through mechanisms like turn-taking, transition relevance places, and turn-constructional units. Key aspects of conversation that are examined include pauses, overlaps, backchannels, conversational styles, adjacency pairs, opening and closing sections, and preference structure.
This document discusses concepts of politeness and face-threatening acts. It defines positive and negative politeness as redressive actions that consider another's feelings to establish comfort and rapport. Positive politeness satisfies one's desire to feel their wants are desirable, while negative politeness respects one's freedom and independence. Ten strategies of positive politeness and ten of negative politeness are outlined for how speakers perform or mitigate face-threatening acts through indirect, deferential or apologetic language. Cultural differences in politeness across societies are also noted.
This document discusses genre analysis and different types of genres. It defines genre as a way to group texts that share common communicative purposes. There are three main approaches to genre analysis in applied linguistics: English for Specific Purposes, New Rhetoric, and functional-systematic. The document also discusses public genres that are openly accessible versus occluded genres that are more closed. It provides examples of academic and professional genres and describes characteristics of professional genres like genre integrity and being products of established disciplinary procedures. The conclusion states that genre analysis enhances understanding of language use within important discourse communities.
This document summarizes Ruth Wodak's Discourse Historical Model approach to critical discourse analysis (CDA). It discusses how CDA highlights the relationship between social power relations and discourse. It also notes that CDA is not a single theory but a diverse research program. The Discourse Historical Approach is problem-oriented and interdisciplinary. It integrates historical context and explores how discourse changes over time. According to this approach, language is social and interconnected with power dynamics, ideologies, interactions, and interpretations.
Cognitive semantics holds that language reflects human cognitive abilities and how people conceive of the world. It focuses on how language is acquired, contextual, and based on general cognitive resources. A key theory is Conceptual Metaphor Theory, which proposes that metaphors allow understanding one domain in terms of another through systematic mappings. Metaphors exhibit features like conventionality, asymmetry, systematicity, and abstraction. They also influence linguistic behaviors and the development of language over time. Similarly, metonymy connects concepts within a domain through associated features.
The Professor Felicia Oviedo shared you experience in the...
41st International Systemic Funcional Congresss
X Latin-American Systemic Functional Congress
Universidad Nacional de Cuyo, Facultad de Filosofía y Letras, Mendoza, Argentina
The document provides a step-by-step guide for analyzing the style and techniques used in a non-fiction text. It outlines key areas to examine such as the audience, theme, tone, emotion, diction, syntax, organization, perspective and more. Examples are given for each category to illustrate what to look for and how different writing choices can impact the overall style.
This ethnographic analysis seeks to understand how the Jurisprudence’s notion of the “rule of law”,
with its norms of objectivity, neutrality and impartiality, is actualized in criminal courtroom
hearings of a regional trial court in Metro Manila. It argues that the production of justice and
oral textuality of law are precarious, subject to negotiation, and shaped by the power dynamics
that takes place inside the courtroom, particularly through the disciplinary powers of language,
interpretation, translation, and decision making. The analysis reveals the inadequacy of the
Philippine judicial system to address the problems of subjectivism and partiality in deciding
criminal cases.
Published in Loyola Schools Review, Social Science Edition. Ateneo de Manila University. Vol. 1. December 2001.
This document provides an overview of forensic linguistics. It defines forensic linguistics as the application of linguistic knowledge, methods and insights to legal contexts such as law, crime investigation, and judicial procedures. Some key points:
- Forensic linguistics involves the analysis of language used in legal settings and documents, including legislation, court proceedings, interviews, and witness statements.
- Areas of study within forensic linguistics include understanding the language of legal texts and processes, and providing linguistic evidence in areas like author identification, trademark disputes, and voice analysis.
- Linguistic analysis can be applied at different stages of legal cases and proceedings, from initial investigations to trials and appeals. Forensic linguists may interpret meanings,
The document discusses the field of forensic linguistics and provides two case studies as examples. In the first study, computational stylistic analysis was used to determine the authenticity of purported classified documents about a secret government group. Only one of seventeen documents showed strong likelihood of being authored by the person it was attributed to. The second study analyzed 50 Iranian court cases linguistically to identify crimes like perjury and threats when clear evidence was lacking. Morphological analysis of brand names was given as one example of linguistic evidence that can help legal cases.
PART 1 ARTICLE REVIEW ON FORENSIC LINGUISTICS.pptxDESTAWWAGNEW
Introduction
Summary of the article/Dissertation
Critical Review on the Research
Organization, arguments and evidences in each part:
Abstract and Introduction
Literature review
Methodology
Results
Grammar and mechanics
Conclusion
This document discusses a study that analyzed jury deliberations in a mock civil trial involving a retail discrimination case. The study found that jurors who found for the plaintiff were more likely to express empathy for the plaintiff, while those finding for the defendant expressed a lack of empathy. Jurors who said the case fell on a continuum were more likely to find for the defendant. Juries mentioning the store followed policy found for the defendant, while mentions of not following policy did not affect the outcome. The document reviews concerns about biases influencing jury decisions and discusses models of group decision-making and compromise that may apply to jury deliberations.
This document provides a detailed overview of forensic linguistics, including its history and applications. It discusses how forensic linguistics analyzes language evidence in legal cases and private disputes. The summary is as follows:
Forensic linguistics applies linguistic analysis to legal issues, examining language evidence in criminal and civil cases. It has developed since the 1950s to analyze statements, texts, recordings, and more. Forensic linguists assist at the investigative, trial, and appeal stages, and also address private disputes. The field continues to grow as linguists work more closely with legal professionals on international issues.
Is there Superior Court Jurisdiction in Property Tax Appeals to Binding Arbitration Under O.C.G.A. Section 48-5-311(f)?
by Jon M. Ripans, Esq., Appraiser, Arbitrator/Mediator Georgia County Property Tax Hearing Officer Expert Witness
A Forensic Linguistic Analysis Of Police ReportsMaria Perkins
This document summarizes a study that analyzed the linguistic features and organizational structure of 30 police reports from Davao Region, Philippines. The study used qualitative content analysis to examine the reports, which covered cases like theft, murder, and drug crimes. The findings revealed three main linguistic features: lexical, syntactical, and cohesive devices. Additionally, the reports followed a consistent organizational structure composed of different rhetorical moves and steps. The accurate analysis of language features and structure in police reports can help lawyers in future legal prosecutions.
This document is a paper submitted for a class on speech acts in classroom discourse. It includes an introduction that provides background on the study, which analyzes how social authority affects speech act use in the classroom. It aims to show that teachers use direct speech acts during lectures. The paper also includes a literature review defining pragmatics and speech acts, classifying speech acts, and summarizing previous related research. It outlines the research methodology, including the problem, hypothesis, research type, population, sample, and data collection tool. It will present data collection and conclusions in subsequent chapters.
Debate on the Quality of Judicial Decisions (from Theory to Practice)AJHSSR Journal
ABSTRACT : The judicial decision is much more than compliance with legal norms, the judicial production of the law itself is present.
There are methods to optimize judgment by granting it reliability, but the study-debate on optimization mechanisms have been continually
disregarded. The process of judicial decision-making is one of the most complex, since this decision escapes in its essence the Theory and
Philosophy of Law and fits more deeply into the intimacy of the "agent" of the decision whose universe is to be understood. The authority it
judges fulfils a duty of State and at the same time exercises a flexible part of its own obligations and limits in the isolation of its
individuality and under the flow of procedures that hang between the content of the decision and its formal externalization, the
judgment.The theme of the judicial decision on which this reflection intends to delimit the epistemic fields that law faces: the problem of
unlimited space that contemplates the debate on the rational production of decisions and aims to contribute to the advancement of the bases
of theoretical and practical rigor necessary for the constitution of a Theory of Judicial Decision. This research seeks to visualize the
growing, complex and sophisticated context in which Western democracies have witnessed the increase of rational demands for the
improvement of human rights guarantee institutions.
KEYWORDS: Secrecy of Justice, Freedom, Ethics, Judicial Decision, Performance Indicators of Judicial Decision (KPi's).
The document discusses the language used in research, campaigns, and advocacy. It defines research as a systematic investigation to establish facts and reach conclusions. Literal language is direct and precise, using the exact meaning of words, and is appropriate for research. Advocacy involves promoting a cause through actions. Language for advocacy can be literal or figurative. Campaigns are organized activities to influence policies and engage the public in creating change. Literal language directly states the message while figurative language uses comparisons. The document provides examples of language used appropriately in research reports, advocacy statements, and campaigns.
- Jurors make decisions about guilt or innocence based on how convincing the narratives presented by the prosecution and defense are, rather than careful, deliberate consideration of evidence.
- Many factors can influence jury decisions, including the characteristics of the defendant, jurors, and psychological factors like attribution theory.
- Researching actual juries is difficult, so mock and shadow juries are used instead to study the effects of these influencing factors, though they have limitations compared to real trials.
Running Head ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT.docxtoltonkendal
Running Head: ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT1
ROLE OF LAW AND COURT IN TODAY’S BUSINESS ENVIROMENT2
Role of Law and Court in Today’s Business Environment
Elvis Seumanu
ETH/321
Willie Larry JR
January 28, 2017
Abstract
The discussion is focused on the roles of law and court in today’s business environment where the writer examines the difference between the federal courts and the state court. More so, the paper describes the concept of judicial review as used in the United States. It also explains the laws and regulations affecting a longshoreman working in Hawaii. Finally, the paper accounts for the alternative dispute resolution (ADR).From a precise analysis and examples in the discussion, every individual in the business environment can learn and understand the role of laws and courts in the environment they operate in and therefore strive to abide by the constitutional legislation and rights.
A court is a chamber where justice is administered, or trials are held. All countries have a court to ensure justice prevails and ensures the law is enforced according to the constitution. In the United States, we have different levels of courts with different structures and among them are the federal court and the State court. The federal court is headed by a chief justice appointed by the president, followed by the president of the Supreme Court, chief judges, and the judges (Williams, 1995). On the other hand, the state court has fewer responsibilities and operates under the federal state where they handle civil cases within the state like Hawaii islands. The main difference of the duo is their jurisdiction, the region they operate and the law they enforce, federal courts handles criminal cases from all the states following the constitutional laws and the state court handles civil matters and petty crime cases within the state region following the state laws. The discussion below examines the role of legislation and courts in different environments in both the high level of the judiciary, federal court and the state court about my present job of a longshoreman dock worker) in Hawaii islands.
The judiciary is composed of different agencies that work together to ensure that every decision made is constitutionally right. Considering the United States federal court and the state court in Hawaii who operate under different laws that are the federal and the state laws at some point the rules may contradict or conform to the overall constitutional laws that govern them. Here comes the concept of judicial review that relates to the power of the court to examine the legislative decisions and establish whether they are constitutional or unconstitutional (Engdahl, 1992). All agencies operating under the judiciary must abide by the constitutional laws and hence the need for a judicial review to ensure the constitution remains the chief justice and law enforcement tool. In most cases, the Supreme Court makes the judiciar ...
Illocutionary Acts Analysis of Chinese in Pematangsiantarinventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online.
CitationStephen L. Wasby, The Functions and Importance of.docxsleeperharwell
Citation:
Stephen L. Wasby, The Functions and Importance of
Appellate Oral Argument: Some Views of Lawyers and
Federal Judges, 65 Judicature 340 (1982)
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The functions and importance
of appellate oral argument:
some views of lawyers and
federal judges
0
CO.,
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z
340 judicature Volume 65. Number 7 February, 1982
%-. M
Although some critics have proposed curtailing or
eliminating oral argument in certain cases,
both judges and lawyers believe
it plays a vital role in the appellate
process, a recent survey shows.
> by Stephen L. Wasby
~ne of the most traditional and im-
portant elements of deciding cases
on appeal is oral argument, an ele-
ment of advocacy older than writ-
lJ ten briefs in this country. Briefs originally were
not required in appeals, and oral argument
J1 continued without time limits even when
briefs were submitted. Eventually briefs did
begin to displace argument: the Supreme Court
first waived oral argument when written argu-
ments were submitted, then mandated briefs
prior to argument, and finally both reserved
argument for the most important cases and
reduced the time granted each party.t
Curtailment of oral argument in other appel-
late courts, partly the result of caseload pres-
sure, has attracted continued attention. Var-
ious sources have warned that eliminating oral
argument in all cases would harm the appel-
late process. 2 Most recently, the Devitt Com-
mittee (the Committee to Consider Standards
for Admission to Practice in the Federal Courts
of the Judicial Conference of the United States)
brought further attention to legal advocacy at
both trial and appellate levels. The "substan-
tially divided" committee, however, made no
recommendations concerning appellate advo-
cacy because it found "the problems presented
... not sufficiently serious to call for the recom-
mending of remedies" 3-at least by compari-
son with trial advocacy, to which the commit-
tee devoted the bulk of its attention. Despite the
Devitt Committee's view, appellate advocacy
remains of considerable importance.
Recent literature shows tension between two.
The document summarizes a study on interruptions in a mixed-gender Indonesian talk show conversation. The study analyzed 15 interruptions over 14 minutes of the talk show to determine: 1) types of interruptions based on Ferguson (1977), 2) functions of interruptions based on French & Local (1983), 3) politeness strategies used during interruptions based on Brown & Levinson (1987), and 4) factors affecting interruptions based on Wardhaugh (1985). Most interruptions were initiated by female speakers and were competitive in function. Positive politeness strategies like seeking agreement were most common. Interruptions seemed mostly aimed at breaking up the conversation.
Since county judges are elected in Illinois through a partisan process, the party identification of a judge undoubtedly affects the partisan composition of the court, and as a result, its tendency to make liberal or conservative decisions. The aforementioned findings support the long time and widely held theory that Democratic judges rule more favorably to Plaintiff, and Republican judges rule more favorably to Defendant in personal injury lawsuits. Moreover, the findings from this original research point to the importance of conducting further research on the impact of partisanship on county courts, as well as tort reform in personal injury litigation more specifically.
Results from the study are found on pages 21 through 28.
Consequential CourtsJUDICIAL ROLES IN GLOBAL PERSPECTIVE.docxmargaretr5
Consequential Courts
JUDICIAL ROLES IN GLOBAL PERSPECTIVE
Edited by
DIANA KAPISZEWSKI
University of California, Irvine
GORDON SILVERSTEIN
Yale Law School
ROBERT A. KAGAN
University of California, Berkeley
CAMBRIDGE
UNIVERSITY PRESS
xii Contributors
Manoj Mate is Assistant Professor of Law, Whittier Law School, and Assistant
Professor of Political Science (by courtesy), Whittier College.
Amnon Reichman is Professor of Law, University ofHaifa (Israel).
Druscilla L. Scribner is Associate Professor of Political Science, University ofWis-
consin, Oshkosh.
Martin Shapiro is James W. and Isabel Coffroth Professor of Law (Emeritus),
Berkeley Law, University of California.
Alexei Trochev is Associate Professor, School of Humanities and Social Sciences,
Nazarbayev University (Kazakhstan).
Introduction
Diana Kapiszewski, Gordon Silverstein, and Robert A. Kagan*
In early nineteenth-century America, Alexis de Tocqueville (1835) famously
observed, "[Sjcarcely any political question arises...that is not resolved, sooner
or later, into a judicial question." That may have been a considerable exaggeration
at the time, but today, the dynamic Tocqueville highlighted marks many constitu-
tional democracies in which independent courts are vested with powers of judicial
review. In such countries, political actors, organizations, and ordinary individuals
who become enmeshed in political conflicts have strong incentives to frame their
desires as constitutional or statutory claims and ask courts to vindicate them.
As a result, in the early twenty-first century, courts have become versatile actors
in the governance of many constihitional democracies, and judges and justices
play multiple roles in politics and policymaking. As many observers have noted/
politically consequential courts have emerged in new democracies from Korea to
South Africa to Brazil and beyond; courts in more established democracies such as
Canada and New Zealand have been given or have assumed more power to protect
individual rights and invalidate government policies; and both the European Court
of Justice (ECJ) and the European Court of Human Rights (ECHR) have taken on
dramatic roles in European governance.
However, the political power of courts has ebbed as well as flowed. In many
Latin American countries, judges are not blazing the way to robust constitutional
democracy in the way many hoped they might. The Hungarian Constitutional
Court, once hailed as one of the most significant new constitutional courts (Zifcak
1996), had its wings clipped less than a decade after its creation (Scheppele 1999).2
* Respectively, Assistant Professor of Political Science, University of California, Irvine; Assistant
Dean, Yale Law School; Professor Emeritus of Political Science and Law, University of California,
Berkeley.
1 See, for example, Tate and Vallinder 1997, Stone Sweet 2000, Hirschl 2006.
2 After another brief period of judicial independence from 2002 to 20.
Judge Posner delivered a keynote address discussing the role of judges in the 21st century. He outlined three main challenges: 1) keeping up with increasing scientific knowledge, 2) dealing with huge caseloads in federal courts, and 3) the future functions of artificial intelligence in adjudication. Posner argued judges should be more pragmatic than formalistic. He also discussed differences between how US and European judges operate, and said political preferences alone do not fully explain judicial decisions due to various contextual factors judges must consider.
Similar to Forensic discourse analysis of legal and courtroom interaction dr arshad ali (20)
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Forensic discourse analysis of legal and courtroom interaction dr arshad ali
1. Dynamics of Legal and Courtroom Interaction: A Forensic
Discourse Analysis of 12 Angry Men
Muhammad Haseeb Nasir1, Arshad Ali2, Ejaz Mirza3 and Amina Naqvi4
1 Muhammad Haseeb Nasir: Assistant professor, Department of English, National University
of Modern Languages, Islamabad, Pakistan Email: mhnasir@numl.edu.pk
2 Arshad Ali: Assistant professor, Department of English, National University of Modern
Languages, Islamabad, Pakistan Email: arali@numl.edu.pk
3 Ejaz Mirza: Assistant professor, Department of English, National University of Modern
Languages, Islamabad, Pakistan Email: emirza@numl.edu.pk
4 Amina Naqvi: Researcher, Department of English, National University of Modern
Languages, Islamabad, Pakistan
2. Abstract
The primary objective of this study is to look into the complexities and complications of legal
discourse and how they manifest themselves in the courtroom. The research looks at the
dynamics in a courtroom and the jury room in the film 12 Angry Men. The study aims to show
how language acts as a source of agency and power in a legal setting, as well as to look into
how speakers cooperate in a legal setting. The researcher devised a framework based on
Heffer's (2013) legal and forensic discourse model as well as Grice's (1975) Cooperative
Principle and its maxims. The data for the study comes from the film 12 Angry Men, which is
based on a true story. Forensic discourse analysis was used to analyse the data. This method
analyses the utterances and other features present in the legal discourse, as well as its
implications. The main findings of the study show that the judge's voice is projected in the
court with a significant amount of dominance. Similarly, there is a lack of direct
communication that affects the trial by making it difficult for the jury to fully comprehend the
facts of the case. Furthermore, the agency is frequently removed from the jury, resulting in a
misunderstanding of the case. The majority of the jury members are bored and sleepy, while
others have an unhealthy fondness for the prosecution. The final finding concerns the jury
members' power play in the jury trial, as evidenced by the jury members' failure to project their
voices effectively, and their lack of cooperation. The forensic discourse analysis reveals that
all of the maxims were repeatedly violated by the jury members. The most frequently flouted
maxims, however, were those of quantity and relevance. This demonstrates how the desire for
authority and the lack of agency can have far-reaching implications for the final decision.
Keywords: Legal Discourse, Forensic Linguistics, Courtroom, maxims, Law
3. 1. Introduction
The legal discourse has been the center of attention in the burgeoning discipline of Forensic
Linguistics, with numerous studies on the issue. Many researchers have looked at courtroom
interaction as part of legal discourse. When it comes to the relationship between legal speech
in the courtroom and the interaction and dynamics between the judge and the jury in the jury
room, however, there is a large gap. Furthermore, there is a scarcity of research that examines
the impact of courtroom language on the jury and its final decision. Legal discourse, according
to Cheng and Danesi (2019), is "an umbrella phrase that can be utilised to describe the entire
range of legal issues" (p. 279). They go on to say that the discourse can be written or spoken.
Written legal discourse refers to laws, whereas spoken legal discourse refers to courtroom
interactions and the vocabulary used throughout a case's trial. Aside from that, it also includes
the courtroom's actual furnishings. Beach (1985) characterizes courtroom contact as a
temporally dense interaction in which the past, present, and future are all discussed at the same
time. Furthermore, the proceedings of a case include extensive reflection over prior
occurrences within a courtroom and reveal how they are formed within the courtroom at times,
as the people there do not immediately observe the settings and conditions related to the facts
of a case. "The trial jury in either a civil or criminal case is picked from a list called a venire or
jury pool that has been compiled by the court," according to the American Bar Association
(ABA). The jury normally consists of six to twelve members, one of whom serves as the
foreman or group leader. The study has focused on four major ideas in the film 12 Angry Men,
which Reginald Rose wrote as a screenplay after his experience as a juror in a manslaughter
case.
Research objectives
1. To demonstrate how language is used to maintain power in a legal setting.
2. To see how courtroom interaction affects jurors.
3. To investigate the jurists' struggle for power during the trial.
4. Research Questions
Q1. How does the judge use language in the jury instructions as a tool for power and control?
Q2. How does the authority of courtroom interaction affect juror interaction and
understanding?
Q3. During a jury trial, how do jurors project their voices and assert their authority?
Research Problem
Many research studies on legal discourse in a courtroom have already been conducted in
the field of forensic linguistics. There are, however, a few studies on jury trial discourse. As a
result, the overall impact of the courtroom on the jury is unknown. This research aims to
address this issue by examining jury trials in depth, as well as the impact of courtroom
discourse on the jury and the struggle for voice and authority among jury members, particularly
when it comes to rendering the final verdict.
Significance
The study contributes to a better understanding of the legal debate. It also includes important
details about the jury's role and effectiveness in reaching a decision. Furthermore, the study
emphasises the impact of the jury's interaction with the lawyers, witnesses, and defendant in
the courtroom. It also looks into the principles of cooperation among jury members during a
trial. Finally, the study looks into the difficulty of understanding legal language, as well as the
constant struggle for authority and voice projection.
Delimitation
The research only looks at a fictional courtroom in the film 12 Angry Men and does not include
data from a real courtroom.
5. 2. Literature Review
Luchjenbroers (1991) investigated the social aspects of Supreme Court discourse in
Australia in a study titled 'DISCOURSE DYNAMICS IN THE COURTROOM.' He
participated in a six-day murder trial and recorded all of the proceedings and data. The
information was then transcribed and analysed. The study looked at linguistic structures as well
as their relationship to cognitive strategies for information processing. The study used Schema
Theory to show how information is added to the mental spaces and cognition of those present
in the courtroom, influencing their perception and ultimately the jury's final verdict.
Wood (2012) investigated verbal art as a performance in a courtroom setting in her paper
"Courtroom Discourse as Verbal Performance: Describing the Unique Sociolinguistic Situation
of the American Trial Courtroom." The data for the study came from the Provo Fourth District
Court. In order to acquire a thorough understanding of the courtroom discourse, the research
focused on the entire trial rather than just one section of it. The researcher looked at courtroom
debate as a performance with a cast of characters who all have specific parts to play. The
sociolinguistic situation in the courtroom limits the performance of several characters in
relation to one another.
Riner (2017) conducted research called "Discourses of Death: The Influence of Language
on Capital Juror's Decisions," in which she looked at how legal language affects jurors'
decisions. The study's data came from Texas death penalty trials, as well as an interview with
jurors following the conclusion of the trial. The study compared the total language of the court's
proceedings, including jury instructions, and the post-interviews really measured the difference
and similarity between jurors' language at the conclusion. Jurors used legal vocabulary and the
law as a cover to hide their lack of empathy for the offender, according to the analysis. By
using precise verbal formulations, the jurors attempted to absolve themselves of responsibility
for their own verdict and shift the blame elsewhere.
Tajabadi et al, (2014) explored in their study entitled ‘Grice’s Cooperative Maxims in Oral
Arguments: The Case of Dispute Settlement Councils in Iran’.The data for the study came
primarily from the Isfahan branch of the Iranian Dispute Settlement Council. The data was then
transcribed and evaluated using Paul Grice's cooperative maxims (1975). Conversational
Analysis was employed as the theoretical foundation for the study, and the data was evaluated
accordingly. The study's findings demonstrated that quantity and relevance were two essential
6. maxims that were repeatedly flouted and disregarded in a Persian council. Quality and
etiquette, on the other hand, were adhered to in the letter.
The primary objective of this study is to look into the complexities and complications of
legal discourse and how they manifest themselves in the courtroom. The research looks at the
dynamics in a courtroom and the jury room in the film 12 Angry Men. The study aims to show
how language acts as a source of agency and power in a legal setting, as well as to look into
how speakers cooperate in a legal setting.
3. Research Methodology
The study is a qualitative one, based on qualitative data. The research is primarily
exploratory in nature, as it seeks to understand the role of language in legal discourse. The
study's data was extracted from the movie's script in the form of utterances. The utterances
were processed in accordance with the study's operational methodology. The data analysis
process is described in detail below.
3.1 Method of Data Analysis
The data analysis method employed in this paper is Language Analysis, which is
typically used to evaluate both written and spoken discourse in a social environment. The given
context is that of a legal situation. The method looked at data at many levels to determine the
purpose and impact of a particular use of language. Investigating conversational codes such as
turn-taking, interruptions, and listener response have all been used in forensic discourse
analysis. The data's lexicon was examined in light of the ideological and cultural associations
that certain words have as they contribute to the broader discourse. Repetition, redundancy,
and hesitation are also features of spoken language, and these concepts have been studied in
the data. The method's overarching goal was to examine the data in terms of social context and
the meanings formed and conveyed through the conversation. This study's population covers
all works of fiction based on real-life courtroom experiences. The sample for this study was
taken from Reginald Rose's script for 12 Angry Men. The script was acquired from the website
'SUBSLIKESCRIPT,' which includes scripts for well-known English films. Furthermore, the
script was compared to the real movie, which is available on YouTube.
3.2 Conceptual Framework
The researcher created a conceptual framework for this study based on Heffer's (2013)
voice projection paradigm and Grice's Cooperative Principle in Conversation (1975). These
7. two concepts were combined to look into the role of voice, authority, and cooperation among
speakers in a legal setting. The theoretical lens was useful in delving into the utterances
extracted from the script of the film 12 Angry Men. The framework helped in the investigation
of voice projection and authority, which influences jurors. It also helps to comprehend the
cooperative principle adopted and flouted by jurors during jury trials due to the lack of a voice
in the courtroom, resulting in a power struggle.
Voice Projection Framework
Various theories and concepts from the fields of forensics and linguistics were used in
the research. Heffer (2013) Voice Projection Framework is the first concept that the theoretical
framework is built on. He used the principles in this framework to undertake a study on court
proceedings, establishing it as a proper framework for analysis of voice projection and
articulation in the legal setting. Heffer has explored a number of concepts in this framework,
and the study has used many of the concepts in the framework to examine and respond to the
research questions. Heffer has essentially emphasised how the judge and jury's voices are
portrayed during a trial. The following are some essential concepts:
Voice: It has to do with communication and courtroom discourse, and it emphasises the
power imbalance that exists inside the courtroom's institutional environment. It also addresses
some of the limits placed on the speakers who are present, as well as the existence of many
audiences in a legal situation. Voicing is primarily a communicative feature that is intertwined
with the power issues described later in this section.
Hearing: It's the flip side of the coin, because hearers are just as crucial in terms of
projection. If the audience is uninterested or unable to comprehend the speech due to its
complexity, the projection will be weakened.
Projection: It is the manner in which any voice is formed and communicated to the
listener. Projecting one's voice is critical because failure to do so generally results in
misunderstanding.
Responsive understanding: It's a concept strongly tied to projection: when voices are
projected, there's a strong desire to elicit a good or negative reaction from the audience. This
responsive understanding reveals a lot about interlocutors' power relations, cooperation, and
coordination.
8. Authority: It is characterised as a form of authority that is institutionalised in nature
and has the potential to limit both voicing and hearing projection. It can do so by limiting the
use of certain types of language and other activities that emphasise people. Certain institutions,
such as the state and, in this case, courts and Supreme Courts, enforce their own standards,
which can increase or weaken the voice of a group or community. The voice of a judge can be
described as authoritative.
Accommodation: In order to properly project their own voices, the speakers may
modify and adjust their speaking style. Convergence occurs frequently in accommodations, as
laypeople adopt professional discourse or professionals adopt laymen's discourse. Capacity and
motivation are two characteristics that influence accommodation.
The following is a diagrammatic depiction of the model as presented by Heffer:
3.2.2 Gricean Cooperative Principle in Conversation (1975)
In 1975, Paul Grice in his work, Paul Grice emphasised the necessity of being understood in
any conversation. He emphasised that when participants are active in an interaction, certain
maxims must be followed. Even though the encounter appears to be socially unusual or out of
place, the speakers may be adhering to conversational rules. Grice outlined four key maxims
that are essential to correctly conveying meaning in every interaction.
Maxim of Quantity
The maxim of quantity entails that the speaker must be informative. The speaker must abide
by the rule of a required amount of information. Giving too much or too little information
results in a lack of communication.
Maxim of Quality
It is related to the truthfulness and worth of any given information. If there is a little doubt the
speakers must not say anything about it. If there is a lack of evidence regarding a piece of
certain information it must be excluded or the disclaimer must be given regarding the doubt if
someone includes it.
Maxim of Relevance
This maxim stresses that the information shared must be relevant to a certain context. All the
information that is not directly relevant must be omitted.
9. Maxim of Manner
The maxim of manner highlights that the speakers must be clear about the manner in which
they are giving information. The speakers must not be obscure in their expressions. They must
avoid ambiguity and try to be orderly while giving off information. The speakers must be brief
and concise in their manner.
Breaking the maxims:
These maxims may be broken in two ways. One is the violation of a maxim in which a
maxim is overtly broken and the speakers in an interaction cannot really pinpoint it. Another
type is the flagrant flouting of a maxim in which a maxim is explicitly broken and the
participants involved in an interaction clearly know that it is being broken.
The operational framework designed for the study is given below:
Figure 1 Conceptual Framework designed for the study
10. 4. Data Analysis
The text reflects the manifestation of authority in courtroom discourse and its relationship
to the cooperative principle among the participants. When it comes to voice projection and
authority, the jury instructions given by the judge in the room where the main story's case is
being explained are extremely important. There is no other voice in the room during the jury
instructions because the judge is the only one who speaks. There is no 'turn-taking,' as only the
judge is allowed to speak at all times, and neither the audience nor the jurors are allowed to
question the judge. This makes Heffer's idea of hearing problematic in this case, as there is no
way of knowing whether the hearers properly heard the judge's remarks. Listening and
comprehension are two important components of the hearing part. It's unclear whether the
jurors properly listened to and understood the judge's remarks.
Besides that, the judge’s statement shows authority and control of the legal discourse as he
gets to make comments while others are not allowed to. As evident from the following line,
“And now, gentlemen of the jury, I come to my final instruction to you”. Here the word-final
instruction is quite important as it shows that the judge will not take any comments or questions
from the side of the jury. It reflects that this statement is final and conclusive and the jury must
abide by the instructions to be given by the judge. Similarly, another instance of reflection of
voice and authority of the judge is that of, “You’ve listened to the testimony and you’ve had
the law read to you and interpreted as it applies to this case”. Here the judge styles his speech
discursively by using a passive construction that has a very important role to play. This passive
construction shows the passive nature of all the audience especially the jury who are not to be
allowed to be authoritative within the courtroom as all the authority belongs to the judge.
The jury has not been given the agency as the judge explicitly says that everything has
already been intimated to the jury. The judge then adds, “I urge you to deliberate honestly and
thoughtfully” in order to actually force the jury to be honest and thoughtful while deciding the
verdict. The mere fact that the judge is urging the jurists is again a sign of authority in the legal
discourse. Pauses also indicate some important things within a discourse, especially during
formal conversations. One such example of pauses is that when the judge instructs the jury
regarding their final verdict. If there is a reasonable doubt - - then you must bring me a verdict
of “not guilty”. Here the pause of the judge is intentional and he pauses in order to stress the
fact that there may be a reasonable doubt so that the jury is obligated to give the verdict of not
guilty and it also sheds light on the fact that the jury must honestly and thoughtfully decide on
11. the case as the consequences can claim another person’s life. The pause also highlights that the
judge wants to take the full attention of all the jurors and the audience, in general, to effectively
project his voice.
Additionally, the judge says that “If however, there is no reasonable doubt, then you
must, in good conscience, find the accused guilty”. Here the word good conscience highlights
that the jury is obliged to give a verdict of not guilty if they find the accused guilty of the crime.
The judge further stresses, “In the event, you find the accused guilty……the bench will not
entertain a recommendation for mercy”. This statement is quite conclusive and direct. The
pause in between the verdict and the final decision of the court is quite significant as the judge
is stressing again that the decision must be made very carefully because it will have dire
consequences as the bench will not give a chance for mercy to the accused.
Looking at the cooperation principle in the context of the judge’s jury instructions, it
becomes clear that the quality and quantity of the judge’s remarks are apt as he conveys the
required information to the jury. The same is the case with the maxim of relation as the judge
is highly relevant in his instructions and does not digress from the subject matter at all.
However, there are some issues when it comes to the maxim of the manner in judge’s
instructions. Some of the terms used by the judge are quite conclusive and hint at a constant
authority and dominance in his voice. Moreover, the sheer absence of the voices of the jury
also highlights how cooperation becomes one-sided as the other side cannot really voice its
opinion, questions, or comments.
Courtroom interaction with all of its nuances leaves far-reaching impacts on the jury
itself as the analysis of some utterances of jurors highlights that the element of authority and
voice projection on behalf of the court actually leaves the jury on the receiving end only.
Moreover, the lack of voice projection and no means of verifying that proper hearing has taken
place create so many gaps in the understanding of the jurors regarding the case and its details.
The disinterest of the jurors also arises from the same reason of lack of agency in the courtroom
trial.
When the jury members are settling down in the jury room, the 3rd Juror asks the 2nd
juror if he liked the courtroom proceedings to which he replies, “I don’t know, it was pretty
interesting”. To this the 3rd juror replies. “Yeah? I was falling asleep”. This little interaction
between two jury members says a lot about the courtroom interaction. Here the 2nd juror’s reply
is quite insightful as he doesn’t really know if he liked it or not. This shows that the juror has
12. not understood the courtroom discourse in a proper way as he cannot really pinpoint if he liked
or disliked it. The reply of the 3rd juror again highlights the jurors are so bored that some of
them keep falling asleep in the courtroom. This shows how the role of the jury is made passive
in the courtroom interaction and then the responsibility to give a final verdict is thrust upon
them. The sheer idea of sleeping also emphasizes that the jurors are never pointed out or are
not allowed to give their opinion. They are not really given the agency and the stage for
speaking their minds out.
The interaction between the 2nd and 3rd jury further highlights to point of view of the
jury when the 3rd juror says, “these lawyers can talk, and talk and talk, even when the case is
as obvious as this one”. This highlights that the jurors do not really pay attention to the
discourse of the lawyers, and they usually think that they are just indulging in the practice of
verbosity and circumlocutions. This impression can also be traced as a consequence of the fact
that the jurors are not welcomed to share their views in the courtroom. Hence, they lose interest
in whatever the lawyers have to say in defense or against the case.
When the 12th juror asks the 8th juror about the case, he is met with silent treatment so
he continues to give his own opinion about the case. “It had a lot of interest for me. No dead
spots ..know what I mean?”. Here another juror highlights the impact of courtroom interaction
and discourse on the thought process and point of view of jurists. When the foreman suggests
the jurors take their seats so that the jury may formally start the discussion on the verdict, the
10th juror suddenly says, “It’s pretty tough to figure, isn’t it? A kid kills his father. Bing! Just
like that” This statement implies that the jury members especially the 10th juror took everything
at face value and did not deliberate on the subject matter in a proper manner as the juror gives
a sweeping statement on the case even when the jury has not even deliberated on the case.
The foreman finally begins with the discussion after the open voting and asks the jurors
to convince the 8th juror who is the only jury member who does not vote for the boy for being
guilty. The 2nd (second) juror is asked to give his reason for choosing that the boy is guilty, he
says, “Well, it’s hard to put into words. I just - - think he’s guilty. I thought it was obvious from
the word to go. mean nobody proved otherwise”. Here the words of the juror lack common
sense, and he is apparently confused as well. He engages in repetition by once saying ‘I think’
and the saying ‘I thought’. Besides that, there is no analysis and independent thinking on the
part of the juror as he blindly relies on the courtroom discourse. He validates his point by
reasoning that no one proved or talked in favor of the boy which makes him guilty. He also
13. adds that he thought it was a general perception among the people present in the courtroom that
the boy was guilty. It also highlights the extent to which most of the jury relies on the courtroom
narrative in giving the final verdict without giving due consideration to the facts of the case.
In the case of the 6th juror, his statement reveals how the jury gets influenced by the
courtroom proceedings and gives all the authority to the judge and lawyers. According to the
6th juror, “I don’t know. I started to be convinced, uh - - you know, very early in the case.”
This reflects that the jurors are highly influenced by the narrative and give precedence and
authority to the courtroom interaction. However, the pause here indicates hesitation as the juror
somehow realizes that the statement he is making can be challenged as he explicitly states that
he was convinced at the very start. It also exposes the overall interest of the jurors in the case
while they are performing jury duty. The 6th juror while giving his argument says, “Didn’t they
say something about an argument between the father and the boy around seven o’clock that
night? I mean, I can be wrong.” This use of tag question indicates that the juror is not sure
about the actual incident as discussed in the courtroom.
On the flip side of the impact of courtroom interaction on the jury, the 8th juror often
termed as the protagonist of the movie has a totally different impact. He is quite critical when
it comes to the facts of the case and the given testimonies. He does not totally rely on the words
of the lawyers. He goes against the element of authority and takes agency by making his own
voice stand out. He insists the jury members give due thought to the case before giving their
final verdict. He is the only person who votes the boy as not guilty during initial voting among
the jury members. As he advocates for the boy saying, “I think maybe we owe him a few words.
That’s all.” The 8th juror puts his point reasonably and at times assertively as he says, “I sat
there in court for three days listening while the evidence built up.” He adds, “Everybody
sounded so positive that I started to get a peculiar feeling about this trial. I mean, nothing is
that positive.” These lines show that the 8th juror actually questions the overall legal
proceedings of the case and is doubtful about the prosecution as they move on with the case.
He uses the term ‘positive’ to express the inherent negativity or inefficiency of the courtroom
discourse with special reference to the defense attorney of the boy. However, one juror against
the other eleven jurors is again proof of the extent to which courtroom discourse can affect the
jury trial, as well as the jurors.
Despite the fact that the jury is highly influenced by the authority of the courtroom,
certain efforts are also made on part of jurors to take and manipulate power during the jury
14. trial. The jurors often fail to project their voice and at times try to be prejudiced and dominating
in order to get a voice of their own. Moreover, the jurors largely flout the cooperation principle
while arguing and even resort to violence verbal, as well as, physical. The sheer violation of
maxims of the conversation shows that the jurors are in a constant struggle to overpower the
other jurors by imposing their own thoughts and reasoning on their fellow jurors. The following
analysis has highlighted the projection of voice in the jury trial and violation of Grice’s maxims
in order to gain more voice and authority. It has also investigated the seriousness and
commitment of the jury towards the case assigned to them.
In the discourse of the jury, the elements of voice and hearing become more complicated. There
is a lot of disagreement, prejudices, and confusion among the jurors themselves. This leads to
miscommunication among the jury. In an exchange between the 10th juror and the 12th juror in
which the 10th juror tells his conversation partner, “A kid kills his father. Bing! Just like that”.
To this, the 12th juror replies, “Well, if you analyze the figures…” The 10th juror cuts him at
once and gives a racially prejudiced answer. This leads to misunderstanding among the two
jurors as the voice of the 10th juror is not effectively projected in this case as the 9th juror also
confronts him and blames him with regard to a monopoly over truth. Here the 12th and the 9th
juror do not give in to the authority projected by the 10th juror. The communication becomes
so disrupted that most of the time, the jurors are at loggerheads with each other.
This competition for being assertive and authoritative results in the failure of true
projection of the point of view of the 10th juror who did not target his fellow jurors but was
talking in the context of the boy. He unintentionally miscommunicated his projection and view.
Similarly, the 5th juror tells the foreman that he will not give his opinion over the case as he
says, “I’ll pass it” In this scene, the 5th juror actually gives up his voice and his turn to argue
and make his own point. Hence, he fails to project his own thoughts about the case. However,
after a while, the 10th juror makes another racist and classist remark that infuriates the 5th juror
and he confronts him by saying, “I’ve lived in a slum all my life…I nurse that trash in Harlem
Hospital six nights a week”. To this, the 10th juror replies, “Oh, now wait a second…” and tries
his best to project his perspective but fails to do so as he is interrupted by the 5th juror once
again. Hence projection of voice fails again and again in the jury room.
A similar case for ‘Cooperative principle’ has been observed from the jury trial as the
jurors largely flout the maxims of cooperation in order to seek agency and power. During the
jury trial, the foreman suggests voting in order to discern the votes of guilty and not-guilty
15. among the jurors. The 10th juror asks the foreman about the slips of paper that are meant for
the ballot. Their conversation goes like this,
10th JUROR: Hey, what’s that for?
FOREMAN: Well, I figured we might want to vote by ballots.
10thJUROR: Great idea! Maybe we can get him elected senator.
In this exchange, the foreman abides by the maxim of quantity as he gives an
appropriate reply to the question of the 10th juror. He also abides by the maxim of relevance as
he is relevant in his answer. Likewise, the quality and manner of the Foreman is again totally
up to the mark. However, the reply of the 10th Juror violates the maxim of quantity as he gives
a long answer rather than just saying okay or else just uttering the phrase ‘Great idea’. He goes
on to add information that is extra and not needed to make a point here. He is highly irrelevant
that actually flouts the maxim of relation. His manner is again obscure as his expression is not
clear enough. Hence, he can be considered as lacking in many maxims and is not cooperative
at all.
In another instance, the 3rd juror asks the second juror about his views on the courtroom
proceedings of the trial and adds that he was falling asleep all the time. The cooperation among
the two interlocutors is highlighted from the following exchange:
2nd JUROR: I mean, I’ve never been on a jury before.
3rd JUROR: Really? I’ve sat on juries, and it always amazes me the way these lawyers can
talk, and talk and talk, evenwhen the case is as obvious as this one. I mean, did you ever hear
so much talk about nothing?
2nd JUROR: Well, I guess they’re entitled.
3rd JUROR: Sure they are. Everybody deserves a fair trial. That’s the system. Listen, I’m the
last one to say anything against it, but I’m telling you sometimes I think we’d be better off if
we took these tough kids and slapped ‘emdown before they make trouble, you know? Save us
a lot of time and money.
In this interaction, it is evident that the 3rd juror is actually violating the principle of
quality, as well as, quantity. Instead of providing useful and relevant information to the 2nd
juror who is new, he keeps on criticizing the proceedings of the trial and the role of the lawyers,
violating the principle of relevance. Likewise, there is a huge difference between the length of
16. the utterance of the 2nd and the 3rd juror, which emphasizes that the 3rd juror is actually flouting
the maxim of quantity by saying too much which has little significance. On the other hand, the
2nd juror reply only whatever is needed and he actually follows all the maxims whether it is
maxim of quality, quantity, manner, and relevance. Another important feature of this
interaction is that the 2nd juror starts using hedges like ‘I guess’ when he is bombarded with so
much information that is not really useful which makes him a little hesitant that he adds hedges
to his speech. This also reflects that the 3rd juror tries to establish his authority over the 2nd
juror.
In a third instance, the jurors while discussing the testimony given by a woman who lived
across the street and saw someone stab the old man, do not really cooperate with each other.
The instance is given as follows:
10th JUROR: Listen, what about that woman across the street? If her testimony don’t prove it,
nothing does.
11th JUROR: That’s right. She was the one who actually saw the killing.
FOREMAN: (half rising) Let’s go in order here.
10th JUROR: (rising, handkerchief in hand) Just a minute. Here’s a woman…
In this interaction, the 10th juror starts off with an argument that the woman who saw
the killing is the absolute truth and it is a piece of evidence enough to convict the boy. Here,
he is abiding by the maxim of quantity, but he has violated the maxim of quality as there is
never an absolute truth in a testimony of a single witness when there are other important
testimonies and facts to the case. Likewise, when the Foreman tells the jurors to follow the
sequence, the 10th juror interrupts him at once and says just a minute. Afterward, he adds a long
argument to the discussion of the testimony without any regard to the foreman’s suggestion.
Both the 10th and 11th jurors speak out of turn and actually take the turn of the 5th and 6th juror
respectively.
Moreover, the 11th juror while giving his argument leaves out a very important point, hence
damaging the quality of his utterance, as well as, the relevance. He violates the maxim of
quality and relevance. Right after the 8th juror adds that the woman saw the killing through the
windows of a passing train and did not directly saw it. That is one of the most important details
which the 10th juror misses while giving his argument again lacking in relevance and quality.
Moreover, the 8th juror refers to his racist bias and asks him that the woman is also ‘one of
17. them’ so how can he believe her. Here, the 8th juror upholds the maxim of relevance and quality
too as discussed earlier the 10th juror is very biased towards other races and communities. The
analysis clearly shows the gaps between the speakers and continuous failure to project the
voice. It also highlights the flouting of maxims among the jury members for the urge to be
dominant and authoritative. This links back to the reminiscent authority of the courtroom and
snubbing of the voice of the jury that eventually results in the lack of cooperation among them
during the jury trial.
18. 5. Conclusion
As a result of the above discussion, it is possible to infer that when it comes to courtroom
conversation, the legal discourse has a variety of dynamics. To begin with, the judges in the
courtroom maintain their dominance and authority, which might lead to misunderstandings.
This can occur, particularly on the side of the jury, as a result of a lack of direct communication
and questioning on the jury's part. It also has an impact on the trial since it makes it difficult
for the jurors to fully comprehend the facts of the case. Second, the courtroom processes have
a negative impact on the jury, as the majority of jurors indicate weariness and tiredness, while
some have an excessive liking for the prosecution. When it comes to the impact of courtroom
interaction on the jury, there is a less reasonable and sensible response. Third, the jury members
violated all of Grice's cooperative maxims to an unreasonable degree (1975). The most
frequently flouted maxims, however, were those of quantity and relevancy. This study serves
as a springboard for scholars interested in delving deeper into the actual legal discourse, with
a focus on the jury trial and its intricacies. They must take into account the findings of this
research.
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