Title: Context and genre in judicial argumentation: a case-study
Abstract: This chapter takes into consideration the role of context in the production of
judicial texts, focusing on judgements as a genre which displays special argumentative
and textual characters. The purpose of the research, hinged on a
case study, is to investigate how deeply and in which ways some features of the
professional community generating an argumentative text – namely, the legal
system and the traditional rules typical of the judicial community in the Italian
tradition – influence both the logic and the linguistic structure.
The case study combines quantitative and qualitative analysis. Frequency
lists and concordance lines produced with the Wordsmith Tools software are
analysed and compared with data emerging from qualitative investigation in a
discourse-based perspective, focusing on the actual use of argumentation. The
analysis shows how the judge develops the argumentative line, taking a stand in
the interlocutive dimension, and thus complying with legislative and discursive
norms typical of the Italian judicial context.
Publication Year: 2017
Publication Date: 2017-01-01
Language: en
Type: article
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