Discourse of Law: Analysis of Cooperative Principles and Speech Acts in Iranian Law Courts
Judgment is closely connected with language, its questioning, answering, meaning and interpretation. Forensic linguistics for its application in real life and for its involvement in the field that is capable of influencing the course of oneâ€™s life has become a very interesting and pragmatic discipline to study; however, one that is still not very widespread in the Iran academic setting.
This paper aims at providing an insight of how language operates in the legal setting by building bridges between cooperative principles and speech acts in forensic linguistics.
This study is an initial attempt to investigate the relationship between violation of Gricean quantity maxim by more than 50 defendants (half of the cases incriminated and half of them acquitted) in relation to different speech acts which are used by interrogators in criminal courts. This study is based primarily on written and terminated documents from judiciary files. Data for this study is collected through Iran's judicial courts.
This study aims to show how maxim of quantity is violated in criminal cases (incriminated or acquitted) in relation to different speech acts. The analysis shows that quantity maximsâ€™ violation has correlation with criminal convictions in relation to different speech acts.
Keywords: Judgment, Forensic Linguistics, Discourse of Law, Cooperative Principles, Speech Acts, Criminal Conviction and Acquittal.
Shuy, J.R., (2007). Language in American Courtroom, Language and Linguistic Compass. Georgetown University Press, pp. 1-15.
Maley, Y., (1994). The Language of the Law, In: John Gibbons (ed.), Language and the Law. New York: Longman Group UK Limited.
PavlÃÄkovÃ¡, E., (2011). Legal Writing in Light of Grice's Cooperative Principle. In: A. KaÄmÃ¡rovÃ¡ (ed.): English Matters II. PreÅ¡ov: PU, pp.13-20
Grabe, W. & Kaplan, R. B. (1996). Theory and Practice of Writing. London: Longman.
Linfoot, K., (2007). Forensic Linguistics, First-Contact Police Interviews, and Basic Officer Training. (Doctoral dissertation), University Of Florida, United States.
Schiffrin, A., (2005). Modeling Speech Acts in Conversational Discourse. (Doctoral dissertation), Leeds: The University of Leeds, England.
Gorman, D., (1999). The Use and Abuse of Speech-act Theory in Criticism. Poetics Today. 20(1), pp. 93-119.
Green, M. (ed) (2009). Speech Acts. The Stanford Encyclopedia of Philosophy (Spring 2009 Edition), Edward N. Zalta (ed.), Retrieved on 15 July 2014 from http://plato.stanford.edu/archives/spr2009/entries/speech-acts/.
Searle, J.R., (1969). Speech Acts. Cambridge: Cambridge University Press.
Searle, J.R., (1979). Expression and Meaning: Studies in the Theory of Speech Acts. Cambridge: Cambridge University Press.
Searle, J.R., Vanderveken, D., (1985). Foundations of Illocutionary Logic. Cambridge: Cambridge University Press.
Grice, H.P., (1975). Logic and Conversation. In Cole P. & Morgan J. (eds.). Speech Acts. New York: Academic Press, pp. 41-58.
Green, G. M. (1989). Pragmatics and Natural Language Understanding. New Jersey: Lawrence Erlbaum.
Celce-Murcia, M. & Olshtain, E., (2000). Discourse and Context in Language Teaching. Cambridge: Cambridge University Press.
Adams, S.H., (1996). Statement Analysis: What do Suspectâ€™s Words Really Reveal?. FBI Law Enforcement Bulletin. 65 (Oct.), pp.12-20.
Danet, B., (1980). Language in the Legal Process. Law and Society. 14(3), pp. 447-463.
Adriani, Kadek G.D., Hamzah & Havid Ardi, (2013). Comparision of the Maxim Violation Found in Action and Drama Movies. E-Journal English Language and Literature 1(2): 69-78. Retrieved on 15 July 2014 from http://ejournal.unp.ac.id/index.php/ell/article/view/900/754
Vipulkumar, V. M., (2007). Communications & Miscommunications: A Pragmatic Study of Legal Discourse. Online Proceedings of the Annual Conference of the Poetics and Linguistics Association (PALA) Japan: Kansai Gaidai University. Retrieved on 15 July 2014 from http://www.pala.ac.uk/uploads/2/5/1/0/25105678/makodia2007.pdf
How to Cite
- Papers must be submitted on the understanding that they have not been published elsewhere (except in the form of an abstract or as part of a published lecture, review, or thesis) and are not currently under consideration by another journal published by any other publisher.
- It is also the authors responsibility to ensure that the articles emanating from a particular source are submitted with the necessary approval.
- The authors warrant that the paper is original and that he/she is the author of the paper, except for material that is clearly identified as to its original source, with permission notices from the copyright owners where required.
- The authors ensure that all the references carefully and they are accurate in the text as well as in the list of references (and vice versa).
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Attribution-NonCommercial 4.0 International that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
- The journal/publisher is not responsible for subsequent uses of the work. It is the author's responsibility to bring an infringement action if so desired by the author.