Overview
- Theorizes the speech style of lawyer talk in Chinese courtroom
- Is an interdisciplinary exploration into the law application in Chinese context
- Highlights the cultural and linguistic variations of legal language in an adversarial trial system
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About this book
This book focuses on the speech style of lawyer talk in contemporary Chinese courtrooms. The topic is intriguing to readers who may wonder how lawyers compete with their opposing counterparts in an adversarial trial system in China. The legal tradition in Confucianism, which advocates harmony in interpersonal relationships, has historically guided the practice of law in China. The book analyses how lawyers manage to compete in this system. Applying the social semiotic view of language in the Hallidayian sense, specifically systemic functional linguistics and its appraisal theory, this study interprets the subjectivity of legal language by lawyers. The speech style in legal argument presentation is described as 'rational'. The exploration of the rational speech style of lawyers is a theoretical and discursive topic. It draws upon Habermasian philosophy of intersubjectivity in legal argumentation and considers the cultural and legal contexts of China as contextual constraints. The keyconstruct of lawyer evaluation is fully captured in this discussion. As a linguistic phenomenon and unit of analysis, discourse can be examined both within local clauses and in larger stretches of talk beyond clauses. Additionally, it serves as an effective means for constructing a rational speech style for lawyers. Most importantly, discourse is a discursive act that negotiates legal arguments in the dynamic speech exchanges of a court trial, which is embedded in a wider social and cultural context.
The book showcases instances of lawyer talk in well-documented trials in China and offers a good opportunity for readers to gain a general understanding of courtroom discourse in the Chinese context. It introduces readers with special interests in legal language and the law to the solidarity dimension of legal language and arguments, an alternative to the confrontational or hostile lawyer talk in trials in countries with a common-law system. The analysis presented is refined and the language used is clear, concise, and objective.
Keywords
- Lawyer evaluation/Stance
- Discursive Construction of Solidarity in Court
- Rational Debate in Court
- Lawyer Speech in Chinese Court
- Lawyer Talk in Chinese Language
- Communication in Chinese Courtroom
- Courtroom Discourse (In Chinese Context)
- Legal Discourse in Chinese
- Language of Chinese Lawyers
- Social Semiotic Analysis of Legal Language
Table of contents (8 chapters)
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Front Matter
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Back Matter
Authors and Affiliations
About the author
Liping ZHANG, Phd, professor of applied linguistics in School of Foreign Languages, Southeast University in Nanjing, China. Her major academic interests include courtroom discourse analysis, critical discourse analysis and multimodal discourse analysis. She has published three monographs (in Chinese language) and contributed papers, on topics related to legal language, in peer-reviewed Chinese journals like Waiyu Jiaoxue(Journal of Foreign Language Education), Yuyan Wenzi Yingying(Journal of Applied Linguistics), Waiyu Yu Waiyu Jiaoxue(Foreign Languages and Their Teaching), and international ones such as TEXT and TALK, Discourse and Communication, International Journal of Speech, Language and the Law.
Bibliographic Information
Book Title: Lawyer Evaluation in Chinese Courtroom
Book Subtitle: A Social-Semiotic Perspective
Authors: Liping Zhang
DOI: https://doi.org/10.1007/978-981-97-1211-3
Publisher: Springer Singapore
eBook Packages: Social Sciences, Social Sciences (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2024
Hardcover ISBN: 978-981-97-1210-6Published: 23 April 2024
Softcover ISBN: 978-981-97-1213-7Due: 07 May 2025
eBook ISBN: 978-981-97-1211-3Published: 22 April 2024
Edition Number: 1
Number of Pages: XVII, 199
Number of Illustrations: 7 b/w illustrations, 1 illustrations in colour
Topics: Applied Linguistics, Private International Law, International & Foreign Law, Comparative Law , Socio-legal Studies