Use this URL to cite or link to this record in EThOS: | https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543941 |
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Title: | Making a case : narrative and paradigmatic modes in the legal-lay discourse of English jury trial | ||||
Author: | Heffer, Chris |
ISNI:
0000 0001 1160 0659
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Awarding Body: | The University of Birmingham | ||||
Current Institution: | University of Birmingham | ||||
Date of Award: | 2003 | ||||
Availability of Full Text: |
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Abstract: | |||||
This thesis is a study of the language used by legal professionals before English juries.
it investigates a distinction between two principal cultural-cognitive modes and
examines their effect on forensic discourse. The 'paradigmatic' mode is evident in the
discourse of professional legal argumentation, while the 'narrative' mode typifies the
sociolinguistic praxis of 'lay' language users. The thesis argues that 'legal-lay'
discourse is characterised by a dialectical relationship resulting from the attempt by
barristers and judges to satisfy both the paradigmatic demands of the law and the lay
jury's narrative constructions of social experience. Thus legal professionals invoke a
range of discoursal. strategies oriented to both modes. These strategies are explored in a
set of corpora of legal-lay genres, including 100 witness examinations and judicial
summings-up to the jury. The barrister's discourse is shown to draw heavily on the
narrative mode despite paradigmatic legal constraints on witness examination. It is also
claimed that accommodation to the narrative mode in the judge's legal directions might
assist jury comprehension, but that such 'narrativisation' may increase the risk of
judicial bias. The study is an interdisciplinary one and employs a wide range of
quantitative and qualitative methods.
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Supervisor: | Not available | Sponsor: | Not available | ||
Qualification Name: | Thesis (Ph.D.) | Qualification Level: | Doctoral | ||
EThOS ID: | uk.bl.ethos.543941 | DOI: | Not available | ||
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