The Simplification of Jury Instructions: Legal-Lay Interactions in Jury Trials

Boginskaya, Olga

doi:10.18485/esptoday.2020.8.2.6

Cited by 4 publications

(3 citation statements)

References 17 publications

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“…Studies of interaction between law, language and discourse have been referred to as "forensic linguistics" (Coulthard & Johnson, 2007, 2010Gibbons, 2003;McMenamin, 2002), "language and law" (Kniffka, 2007;Schane, 2006), "legal language" or "legal discourse" (Boginskaya, 2020;Gotti & Williams, 2010;Mattila, 2006;Tiersma, 1999). The most influential works in this area include studies on courtroom language or discourse (Berk-Seligson, 2012;Bogoch, 1999;Felton, 2015;Gnisci & Bakeman, 2007;Haynes, 2017;Heffer, 2005;Hobbs 2003Hobbs , 2005.…”

Section: Theoretical Backgroundmentioning

confidence: 99%

Adversarial, Ludic and Ritual Nature of Discursive Interactions in a Trial

Boginskaya

2022

gema

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This article makes a contribution to the study of courtroom discourse assuming that interactions in a trial are of agonal nature. The study aims to identify and explore key aspects of agonal interactions (adversarial, ludic and ritual) and rhetorical agonal strategies employed in a trial. The study revealed the following adversary strategies used by the prosecutor and the defense attorney to win the struggle: discrediting, refutation and objection. The components of courtroom interactions such as participants struggling to win, referees overseeing the game and selecting the winner and spectators observing the performance indicate its ludic nature. Rituals as an integral component of both games and competitions ensure fair proceedings, regulate participants' behavior, and organize agonal interactions, being the backbone of courtroom trials. The adversary, ludic and ritual components of agonality determine the nature of courtroom activities whose formal goal is to restore justice, and the actual one is to select the winner. The study concluded that these three components of agonality are interrelated: competition is a sign of game, and ludic elements are an integral characteristic of any competition as a product of culture; both competition and game are regulated by rituals and involve participants pursuing opposing goals.

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Section: Theoretical Backgroundmentioning

confidence: 99%

Adversarial, Ludic and Ritual Nature of Discursive Interactions in a Trial

Boginskaya

2022

gema

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“…Popular science discourse, in which rigorous scientific knowledge is simplified for the benefit of lay audience, inevitably involves a close link between scientific experts, journalists and the general public. They take part in the three types of processes involved in transferring knowledge across different communication settings -re-formulation, re-contextualization, and re-conceptualization (Anesa 2016, Boginskaya 2020, Calsamiglia & Van Dijk 2004, Ciapuscio 2003, Gotti 2014. According to Ciapuscio (2003: 210), the production of a text which popularizes science involves "recontextualizing and reformulating one's source in such a way that it is comprehensible and relevant for a different kind of addressee, in a discursive context that, though predictable, differs from that of the original source."…”

Section: Introductionmentioning

confidence: 99%

The explanatory function of metaphor scenario in the Serbian pro-vaccine discourse

Silaški,

Đurović

2024

Russian Journal of Linguistics

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Metaphor has been established and extensively examined as one of the tools experts deploy to explain, simplify and transform complex scientific discourse into the knowledge suitable for the audience of non-experts. However, relatively little research has been conducted on metaphor scenario (Musolff 2006, 2016a) and its role in this process. Therefore, in this paper we explore how metaphor scenario is used to explain Covid-19 vaccines’ safety and effectiveness to the population in an understandable manner in order to speed up the immunization process in Serbia. By analysing a data set gathered from various Serbian electronic news media sources ( NovaS , N1 , Danas , Vreme , Večernje novosti , Mondo , Politika , Telegraf , Krug ) published from January to December 2021, we aim to explore (1) how the three metaphor scenarios, combat, container and movement, may help simplify complex scientific concepts in the pro-vaccine discourse; and (2) how the conceptual elements of these scenarios and their interconnected relations are used for this purpose. The findings showed that these conventional scenarios manifest their explanatory potential by means of several sub-scenarios, whose conceptual elements establish useful mappings relying on rarely used components of source domains. The results confirm that metaphor scenarios may be used strategically by medical experts as an apt explanatory tool to simplify challengingly complex scientific concepts to the general public. The paper contributes to current research on the role that metaphor and other cognitive instruments play in science popularization.

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“…The legal language involves a large number of prescriptive sentences which convey directives, standards, rights, obligations, and prohibitions. The frequent use of modal markers is the feature that differs legal discourse from other types of discourses (Boginskaya 2020;Krapivkina 2017;Trosborg 1997).…”

Section: Introductionmentioning

confidence: 99%

A Contrastive Study of Deontic Modality in Parallel Texts

Boginskaya

2021

ELOPE

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This article is a contrastive study of deontic modal markers in three parallel texts. It analyses the modality system in the English, Russian and French texts of the Universal Declaration of Human Rights accounting for the ambiguity of some English modal verbs in legal texts and the difficulty in rendering them into a different language. The research reveals modal markers used to express deontic permission, deontic obligation and deontic prohibition in the three parallel texts; semantic similarities and discrepancies between these modal markers; and translation strategies employed to render the English modal markers into Russian and French. The article responds to the need for a systematic analysis of deontic modal markers in English, Russian and French due to the semantic and syntactic differences among the German, Romance and Slavic languages. The article concludes that French and Russian have more in common than French and English or Russian and English in terms of the deontic modality.

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The Simplification of Jury Instructions: Legal-Lay Interactions in Jury Trials

Cited by 4 publications

References 17 publications

Adversarial, Ludic and Ritual Nature of Discursive Interactions in a Trial

Adversarial, Ludic and Ritual Nature of Discursive Interactions in a Trial

The explanatory function of metaphor scenario in the Serbian pro-vaccine discourse

A Contrastive Study of Deontic Modality in Parallel Texts

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