2014
DOI: 10.1111/lasr.12058
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The (Dis)Advantage of Certainty: The Importance of Certainty in Language

Abstract: How can legal decision makers increase the likelihood of a favorable response from other legal and social actors? To answer this, we propose a novel theory based on the certainty expressed in language that is applicable to many different legal contexts. The theory is grounded in psychology and legal advocacy and suggests that expressing certainty enhances the persuasiveness of a message. We apply this theory to the principal–agent framework to examine the treatment of Supreme Court precedent by the Federal Cou… Show more

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Cited by 68 publications
(43 citation statements)
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References 62 publications
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“…The LIWC program analyzes written texts and calculates percentages of certain types of language (see Berry, Pennebaker, Mueller, & Hiller, 1997;Pennebaker, 1997), and it offers the advantage of allowing for the analysis of a large volume of texts. LIWC has been validated and used successfully in social science research (see Tausczik & Pennebaker, 2010), including political science (see Corley & Wedeking, 2014;Merry, 2010;Owens & Wedeking, 2011). To capture the different types of characters and settings that might appear in gun policy groups' Facebook posts, I constructed numerous dictionaries of key words and phrases (listed in Appendix A).…”
Section: Research Data and Methodsmentioning
confidence: 99%
“…The LIWC program analyzes written texts and calculates percentages of certain types of language (see Berry, Pennebaker, Mueller, & Hiller, 1997;Pennebaker, 1997), and it offers the advantage of allowing for the analysis of a large volume of texts. LIWC has been validated and used successfully in social science research (see Tausczik & Pennebaker, 2010), including political science (see Corley & Wedeking, 2014;Merry, 2010;Owens & Wedeking, 2011). To capture the different types of characters and settings that might appear in gun policy groups' Facebook posts, I constructed numerous dictionaries of key words and phrases (listed in Appendix A).…”
Section: Research Data and Methodsmentioning
confidence: 99%
“…Wedeking, 2014;Owens andWedeking, 2011, 2012;Settle et al, 2016). The program scans documents and uses a language-specific dictionary to assign each word to one or more categories.…”
Section: Measuring Campaign Sentimentmentioning
confidence: 99%
“…For our primary independent variable, we recognize that a debate exists in the literature regarding which readability measure is best, as reliance on a specific measure of readability varies across studies (Black et al, 2011;Corley, 2008;Corley and Wedeking, 2014;Nelson and Hinkle, 2018;Owens and Wedeking, 2011). All readability measures are an assessment of two important factors: reader comprehension and text complexity.…”
Section: Methodsmentioning
confidence: 99%
“…Moreover, citations of opinions are often used as evidence to show that opinion content, reasoning, and language persist to influence subsequent judges (Cross and Spriggs, ; Fowler et al., ), or to show support or expansion of the scope of precedent as it develops over time (Hansford and Spriggs, ). A judge may use citations of cases for a variety of reasons, including ideology (Hinkle, ), legal clarity (Corley and Wedeking, ), persuasiveness and argument clarity (Nelson and Hinkle, ), or to account for stare decisis (Schauer, ). Citations can show that a precedent is impacting the law independently of whether those citations are made in a positive, negative, or neutral way, in much the same way that Corley () argues that the use of language from party briefs in the Supreme Court's opinions has an influence on the law regardless of whether the brief influenced the Court's decision.…”
Section: Readability and Impactmentioning
confidence: 99%