A corpus-assisted study of the discourse marker well as an indicator of judges' institutional roles in court cases with litigants in person

In this paper, I concentrate on court cases with litigants in person (lay people who act on their own behalf in legal proceedings without a counsel or solicitor) and discuss the challenges of building a corpus of courtroom discourse where it is crucial to distinguish between speakers due to their distinct institutional roles. The corpus incorporates seven sub-corpora of verbatim transcripts from different court cases with litigants in person and comprises over eleven-million tokens. The focus of this paper is on the interplay between the legal and lay discourse types and how judges project their institutional roles through well-initiated turns directed at litigants in person and counsels. As a versatile discourse marker, well provides a good opportunity to explore how judges have to adapt their roles to ensure lay litigants in person receive the necessary support and that their lack of competence does not impede on the fairness of the proceedings. Given the breadth and importance of the topic of litigation in person, I discuss how the tools and approaches of corpus linguistics can be helpful in this multi-disciplinary area where multiple functions and uses of individual linguistic features need to be explored in depth.

The phenomenology of minority-majority status:effects on innovation in argument generation

In three experiments, we manipulated participants' perceived numerical status and compared the originality and creativity of arguments generated by members of numerical minorities and majorities. Independent judges, blind to experimental conditions, rated participants' written arguments. In Studies 1 and 2, we found that participants assigned to a numerical minority generated more original arguments when advocating their own position than did numerical majorities. In Study 3, an equal-factions control group was included in the design, and all participants were instructed to argue for a counter-attitudinal position. Those in the numerical minority generated more creative arguments than those in both the majority and equal-factions conditions, but not stronger arguments. We propose cognitive and social processes that may underlie our obtained effects and discuss implications for minority influence research.

To cut a long story short:an analysis of formulaic sequences in short written narratives and their potential as markers of authorship

Previous research into formulaic language has focussed on specialised groups of people (e.g. L1 acquisition by infants and adult L2 acquisition) with ordinary adult native speakers of English receiving less attention. Additionally, whilst some features of formulaic language have been used as evidence of authorship (e.g. the Unabomber’s use of you can’t eat your cake and have it too) there has been no systematic investigation into this as a potential marker of authorship. This thesis reports the first full-scale study into the use of formulaic sequences by individual authors. The theory of formulaic language hypothesises that formulaic sequences contained in the mental lexicon are shaped by experience combined with what each individual has found to be communicatively effective. Each author’s repertoire of formulaic sequences should therefore differ. To test this assertion, three automated approaches to the identification of formulaic sequences are tested on a specially constructed corpus containing 100 short narratives. The first approach explores a limited subset of formulaic sequences using recurrence across a series of texts as the criterion for identification. The second approach focuses on a word which frequently occurs as part of formulaic sequences and also investigates alternative non-formulaic realisations of the same semantic content. Finally, a reference list approach is used. Whilst claiming authority for any reference list can be difficult, the proposed method utilises internet examples derived from lists prepared by others, a procedure which, it is argued, is akin to asking large groups of judges to reach consensus about what is formulaic. The empirical evidence supports the notion that formulaic sequences have potential as a marker of authorship since in some cases a Questioned Document was correctly attributed. Although this marker of authorship is not universally applicable, it does promise to become a viable new tool in the forensic linguist’s tool-kit.

Minority influence and argument generation

The theories of Moscovici (1980) and Nemeth (1986) concerning the cognitive processes underlying minority influence are examined in an argument generation paradigm. While Moscovici (1980) argues that minority influence increases the generation of arguments for and against the minority position, Nemeth (1986) proposes that minorities induce divergent thinking which leads to the generation of a wider range of arguments which are more original. In the first study, subjects read a minority text and then generated arguments concerning the minority issue within a specified time. The second study was similar to the first and included a condition where minority influence followed partial sensory deprivation (being placed in a dark, soundproof room for 45 minutes) which was predicted to decrease cognitive effort. Contrary to Moscovici, in neither study was there evidence that a minority led to more arguments being generated compared to a control condition (no influence). However, in one study, a minority led to more arguments being generated in the minority than in the majority direction. However, as predicted by Nemeth, in both studies a minority resulted in a wider range of arguments being generated than those proposed in the minority's message and these were rated by independent judges as being more original. Finally, as predicted, partial sensory deprivation led to a narrower range of arguments which were focused more upon issues raised in the minority text.

Forensic linguistics : the application of language description in legal contexts

In this article I first divide Forensic Linguistics into three sub-disciplines: the language of written legal texts, the spoken language of legal proceedings, and the linguist as expert witness and then go on to give a small number of examples of the research undertaken in these three areas. For the language of written legal texts, I present work on the (in) comprehensibility of police cautions and of judges instructions to juries. For the spoken language of legal proceedings, I report work on the problems of interpreted interaction, of vulnerable witnesses and the need for more detailed research comparing the interactive rules in adversarial and investigative systems. Finally, to illustrate the role of the linguist as expert witness I report a trademark case, five different authorship attribution cases, three very different plagiarism cases and I end reporting briefly the contribution of linguists to language assessment techniques used in the linguistic classification of asylum seekers. © Langage et société no 132 - juin 2010.