A corpus-assisted study of the discourse marker well as an indicator of judges' institutional roles in court cases with litigants in person

作者: Tatiana Tkačuková

DOI: 10.3366/COR.2015.0072

关键词:

摘要: In this paper, I concentrate on court cases with litigants in person (lay people who act on their own behalf in legal proceedings without a counsel or solicitor) and discuss the challenges of building a corpus of courtroom discourse where it is crucial to distinguish between speakers due to their distinct institutional roles. The corpus incorporates seven sub-corpora of verbatim transcripts from different court cases with litigants in person and comprises over eleven-million tokens. The focus of this paper is on the interplay between the legal and lay discourse types and how judges project their institutional roles through well-initiated turns directed at litigants in person and counsels. As a versatile discourse marker, well provides a good opportunity to explore how judges have to adapt their roles to ensure lay litigants in person receive the necessary support and that their lack of competence does not impede on the fairness of the proceedings. Given the breadth and importance of the topic of litigation in person, I discuss how the tools and approaches of corpus linguistics can be helpful in this multi-disciplinary area where multiple functions and uses of individual linguistic features need to be explored in depth.

参考文章(24)
Anne Graffam Walker, Language at Work in the Law Language in the Judicial Process. pp. 203- 244 ,(1990) , 10.1007/978-1-4899-3719-3_7
Janet M. Fuller, The influence of speaker roles on discourse marker use Journal of Pragmatics. ,vol. 35, pp. 23- 45 ,(2003) , 10.1016/S0378-2166(02)00065-6
Hye Ri Stephanie Kim, Retroactive Indexing of Relevance: The Use of Well in Third Position Research on Language and Social Interaction. ,vol. 46, pp. 125- 143 ,(2013) , 10.1080/08351813.2013.780338
Gregory Matoesian, Nailing down an answer: participations of power in trial talk Discourse Studies. ,vol. 7, pp. 733- 759 ,(2005) , 10.1177/1461445605055424
Maria-Josep Cuenca, Pragmatic markers in contrast: The case of well Journal of Pragmatics. ,vol. 40, pp. 1373- 1391 ,(2008) , 10.1016/J.PRAGMA.2008.02.013
William M. O’barr, John M. Conley, Litigant Satisfaction Versus Legal Adequacy in Small Claims Court Narratives Language in the Judicial Process. ,vol. 19, pp. 97- 131 ,(1990) , 10.1007/978-1-4899-3719-3_4