Discourse Analysis in the Legal Context

Shuy, Roger W.

doi:10.1002/9781118584194.ch38

Cited by 8 publications

(5 citation statements)

References 32 publications

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“…Still, the problem of analyzing intentionality in discourse is notoriously problematic (Shuy 2001) because we can never really know what someone truly meant in a particular utterance because we do not know the mind of the speaker. The challenge of identifying policy intentions is compounded by the very nature of policy: It is difficult enough to analyze the intentions in a single-authored text but language policies often have multiple authors whose intentions vary and conflict.…”

Section: Finding #11: Policy Intentions Are Especially Difficult To Amentioning

confidence: 99%

Language Policy

Johnson¹

2013

375

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Research and Practice in Applied Linguistics Series Standing Order ISBN 978-1-403-91184-1 hardcover 978-1-403-91185-8 paperback (outside North America only)You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of diffi culty, write to us at the address below with your name and address, the title of the series and the ISBN quoted above.

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Section: Finding #11: Policy Intentions Are Especially Difficult To Amentioning

confidence: 99%

Language Policy

Johnson¹

2013

375

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“…First, law is conducted almost entirely through the use of specific language. Second, legal settings offer researchers ample material for conducting analyses (Shuy, 2001). Third, knowledge of how the legal system functions can be obtained through an analysis of the language used in its context.…”

Section: Joshua C Gellersmentioning

confidence: 99%

Greening Critical Discourse Analysis

Gellers

2015

Critical Discourse Studies

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“…To trace and identify whether a discursive shift occurred in personal injury court decisions, we performed a qualitative content analysis of district court rulings when sitting as a first instance trial court. This methodological choice rests on several contentions: first, that courts, specifically trial courts, participate in constructing legal meanings and shaping social perceptions (Rollins 2002;Vanhala 2010;Vogler 2016); second, that the judicial text is an essential self-sufficient research subject, especially apt for content and discourse analysis (Hall and Wright 2008;Shuy 2015;Kirkham and O'Loughlin 2019); and, third, that content and discourse analysis are valuable tools for uncovering the social and legal meaning of disability (Grue 2011(Grue , 2019Mor and Pikkel 2019).…”

Section: Judicial Rhetoric and Disability Discoursementioning

confidence: 99%

Representing Disability in Tort Litigation: An Empirical Analysis of Judicial Discourse (1998–2018)

Mor

Pikkel²,

Lankry³

2023

Law Soc. Inq.

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This study empirically examines whether and how the introduction of disability rights impacted the portrayal of disability in personal injury court decisions in Israel and offers a method for doing such research in other legal realms and contexts. We conducted a quantitative content analysis of Israeli district court judicial rulings over twenty years to measure whether a discursive shift occurred from a medical-individual view of disability to a social constructionist and a rights-based understanding of disability. Our coding system included descriptive and conceptual indicators, forming two indexes: a conventional index and a progressive index. Our findings reveal a steady dominance of the conventional discourse and a gradual yet limited rise in progressive discourse. Moreover, individual court decisions often manifest both types of discourse but are still dominated by a conventional view of disability and rarely apply direct disability rights terminology. These findings provide pioneering empirical evidence that substantiates the disability critique of tort law, demonstrating that judicial decision making is slow to adopt a disability rights perspective. More broadly, our findings show that the infusion of a disability rights orientation does not necessarily replace the older medical-individual view of disability but adds to it, resulting in a mixed discourse that includes both conventional and progressive elements.

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Discourse Analysis in the Legal Context

Cited by 8 publications

References 32 publications

Language Policy

Language Policy

Greening Critical Discourse Analysis

Representing Disability in Tort Litigation: An Empirical Analysis of Judicial Discourse (1998–2018)

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