There are many different ways in which modern Corpus Linguistics can be used to enrich and broaden our understanding of legal discourse. Based on the central principle of co-occurrence and co-selection in language construction, this paper reviews current applications of Corpus Linguistics in the area of legal discourse focusing on issues ranging from phraseology, variation in legal discourse, legal translation, register and genre perspectives on legal discourse, legal discourse in forensic contexts to evaluative language in judicial settings. It revisits the (...) notion of ‘corpus’ and it highlights the relevance of various types of legal corpora and computer tools in legal linguistic research. (shrink)

Professionals in various disciplines adopt significantly different lexicons to report their discoveries and arguments. Scientists discover, philosophers argue, whereas legal practitioners apply and consider. Reporting, as a ubiquitous linguistic phenomenon, has its disciplinary characteristics. In court judgments, it reflects the way judges identify the evidence of different documents or other courts. In the self-built court judgment corpus, the paper focuses on the way that judicial arguments are constructed through reporting verbs. On the basis of the analysis of the representation and (...) distribution of reporting verbs in court judgments, the study identifies the reporting verbs with high frequencies in court judgments and compares these reporting verbs with those in the comparable reference corpus, written sampler of British National Corpus, which works as a reference corpus. It is found that the tokens of reporting verbs in court judgments are slightly less than those in general texts; the distribution pattern of the speech act verbs and mental verbs in the self-built court judgment corpus is similar to the pattern of two kinds of reporting verbs in the reference corpus; judicial speech act verbs are employed to express the authority of the statements, whereas the judicial mental verbs illustrate the legal reasoning process with individual agents; and there is a significant difference in terms of the reporting verbs’ frequencies within the court judgments and general texts. The results show that the reporting verbs in court judgments have their uniqueness, which may cast light on both judicial and pedagogical practices. (shrink)

This paper discusses the text format of judicial and semi-judicial decisions. That format does not optimize comprehensibility. It should be understood as a sign that symbolizes an ideology. It symbolizes the values of an inevitable decision that follows from the facts and an a priori given coherent and complete legal system. The narrative text format with it stylistic features is also a very welcome instrument to hide the moments that this ideal is impracticable.

This paper explores the viability of a synergy between corpus linguistics and the study of argumentation in context. While quantitative approaches to the study of discourse have been profitably integrated at the levels of lexico-grammar and syntax, more rarely has this been the case for higher levels of analysis such as argumentative structures. Such an approach would help identify those recurring patterns of argumentation that build up cumulatively, and which can only be identified in larger samples of discourse. In particular (...) this paper concerns how the tools of corpus linguistics can be put to use for the analysis of strategic manoeuvring, and especially topical selection. In order to do so, the televised prime ministerial debates held on the occasion of the 2010 general election in the UK will be taken as a case study, with a focus on the use of linguistic indicators that might help retrieve argumentative patterns. (shrink)

An analysis of a broad sample of Dutch judicial and semi-judicial decisions shows similar structures as the ones Bhatia and Mazzi found before. The question is posed what explains this seemingly unchangeable judicial format. From a perspective of argumentative and communicative efficacy and comprehensibility, the format is certainly not the optimal choice. The explanation is that the format is a sign of an ideology. The format suggests an objectivity of the decision taken. This is actually a myth. This makes a (...) decision to change the format an ideological one. (shrink)

The International Criminal Tribunal for Yugoslavia was established by the UN Security Council in 1993 to prosecute persons responsible for war crimes committed in the former Yugoslavia during the Balkan wars. As the first international war crimes tribunal since the Nuremburg and Tokyo tribunals set up after WWII, the ICTY has attracted immense interest among legal scholars since its inception, but has failed to garner the same level of attention from researchers in other disciplines, notably linguistics. This represents a significant (...) research gap, as the Tribunal’s public discourse can open up interesting avenues of analysis to researchers of law, language, and legal discourse alike. On its official website, the Tribunal claims that it has “irreversibly changed the landscape of international humanitarian law” and lists six specific achievements: “Holding leaders accountable; bringing justice to victims; giving victims a voice; establishing the facts; developing international law and strengthening the rule of the law”. While a number of legal scholars have studied and critiqued the level of ‘achievement’ actually attained by the Tribunal against these metrics and others, of interest to linguists is the ways in which this work might be conveyed discursively. In this paper, we demonstrate how methods from the linguistic field of corpus-based critical discourse analysis can be utilised to explore the discursive construction of such achievements in the language of the ICTY. (shrink)

An analysis of a broad sample of Dutch judicial and semi-judicial decisions shows similar structures as the ones Bhatia and Mazzi found before. The question is posed what explains this seemingly unchangeable judicial format. From a perspective of argumentative and communicative efficacy and comprehensibility, the format is certainly not the optimal choice. The explanation is that the format is a sign of an ideology. The format suggests an objectivity of the decision taken. This is actually a myth. This makes a (...) decision to change the format an ideological one. (shrink)

Argumentation has remained under-researched in studies analyzing academic journal publications despite its importance in academic writing. This paper reports a study in which we investigated stereotypical argumentative trends, lexico-grammatical features, and interactional metadiscourse markers in 354 research article free-standing discussion sections from the journal of ESP over forty years. The field of ESP was chosen because of its maturity, which has given substance to a dynamic ground for arguments. We drew on the pragma-dialectical approach to analyzing argumentations in the corpus. (...) Findings indicated that due to the argumentative nature of the discussion section, certain argumentative trends recurred more often. The analysis of the lexico-grammatical features and metadiscourse markers of the standpoints also showed patterns of variability over time. The study concludes that it is imperative to incorporate relevant facets from various argumentation models to construct a comprehensive argumentation theory and gain deeper insights into argumentation in academic writing. (shrink)