This paper draws on the notion of polyphony to discuss some in-ìherent properties of discursive practices in the legal domain. In particular, it focuses on judgments, and analyses them as highly stratified argumentative texts in which judges construct their opinions and decisions making references to other authori-tative texts (precedents, statutes, etc.), and at the same time give account of the stances of the various parties involved (prosecu-tor, defence counsel, defendant, witnesses, experts, police inves-tigators, etc.). In this way they also respond to all possible objec-tions and anticipate counterarguments by incorporating them in their decisions (e.g. Amossy 2000; Mazzi 2007). The notion of polyphony (or dialogism) was originally intro-duced by Mikhail Bakhtin (1929/1984) with regard to the novel and later expanded to embrace other forms of linguistic commu-nication (Bakhtin 1981). It postulates the presence of different ‘voices’ in ‘speech utterances’ (in Bakhtin’s terminology), and was taken up and elaborated by various scholars in linguistics, and in particular Ducrot (1984), and later the Scandinavian ScaPoLine group (Nølke/Fløttum/Norėn 2004) and Bres and Nowakowska (Bres 1999; Bres/Nowakoska 2005). In this paper it will be shown that polyphony as the property of discourse to incorporate multiple layers of other discourses is es-pecially relevant to judicial discourse, where it is realized by means of a range of different linguistic devices, some of which are evidently dialogic (cf. Fairclough's manifest intertextuality: 1992: 117-123; cf. also Martin/White 2005), while others are less manifestly so (Bres/Nowakoska 2005: 139). Taking as a starting point the examination of a corpus of Judgments issued by the UK Court of Appeal, the UK Supreme Court and the House of Lords, the presentation will identify and discuss some of the most noteworthy polyphonic devices deployed in them (e.g. concession, language reports irony, presup-position, comparison, rectification, etc.), examining their discur-sive function (cf. Garzone 2012; Garzone/Degano 2012).

Polyphony and dialogism in legal discourse: focus on syntactic negation, 2016.

Polyphony and dialogism in legal discourse: focus on syntactic negation

Garzone, Giuliana
2016-01-01

Abstract

This paper draws on the notion of polyphony to discuss some in-ìherent properties of discursive practices in the legal domain. In particular, it focuses on judgments, and analyses them as highly stratified argumentative texts in which judges construct their opinions and decisions making references to other authori-tative texts (precedents, statutes, etc.), and at the same time give account of the stances of the various parties involved (prosecu-tor, defence counsel, defendant, witnesses, experts, police inves-tigators, etc.). In this way they also respond to all possible objec-tions and anticipate counterarguments by incorporating them in their decisions (e.g. Amossy 2000; Mazzi 2007). The notion of polyphony (or dialogism) was originally intro-duced by Mikhail Bakhtin (1929/1984) with regard to the novel and later expanded to embrace other forms of linguistic commu-nication (Bakhtin 1981). It postulates the presence of different ‘voices’ in ‘speech utterances’ (in Bakhtin’s terminology), and was taken up and elaborated by various scholars in linguistics, and in particular Ducrot (1984), and later the Scandinavian ScaPoLine group (Nølke/Fløttum/Norėn 2004) and Bres and Nowakowska (Bres 1999; Bres/Nowakoska 2005). In this paper it will be shown that polyphony as the property of discourse to incorporate multiple layers of other discourses is es-pecially relevant to judicial discourse, where it is realized by means of a range of different linguistic devices, some of which are evidently dialogic (cf. Fairclough's manifest intertextuality: 1992: 117-123; cf. also Martin/White 2005), while others are less manifestly so (Bres/Nowakoska 2005: 139). Taking as a starting point the examination of a corpus of Judgments issued by the UK Court of Appeal, the UK Supreme Court and the House of Lords, the presentation will identify and discuss some of the most noteworthy polyphonic devices deployed in them (e.g. concession, language reports irony, presup-position, comparison, rectification, etc.), examining their discur-sive function (cf. Garzone 2012; Garzone/Degano 2012).
Inglese
2016
Tessuto, Girolamo; Bhatia, Vijay K.; Garzone, Giuliana; Salvi, Rita; Williams, Christopher
Constructing legal discourses and social practices: issues and perspectives
2
25
24
978-1-4438-8907-0
United Kingdom
Newcastle upon Tyne
Cambridge Scholars Publishing
esperti anonimi
internazionale
A stampa
Settore L-LIN/12 - Lingua e Traduzione - Lingua Inglese
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10808/29673
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