Cod. MES014 - ABSTRACT


Title: CONTROVERSY AND ARGUMENTATION IN LEGAL DISCOURSE

Author/Institution:

ANA LÚCIA TINOCO CABRAL (UNICSUL-SP)

Abstract:

Our research studies focus on the verbal language used by Legal professionals, particularly, the linguistic features present in argumentation; ranging from text productions derived from litigation scenarios to Jurists’ scientific productions. Having an enunciative and discursive approach about the language facts, our theoretical framework comprises the Argumentative Semantics by Ducrot (1980,1984) and studies on Controversy by Amossy (2014); Jacquin (2011) and Angenot (2008),  in dialogue with researchers dedicated to studying Enuciation (Benveniste, 1966,1997a e 1974, 1997b; Kerbrat-Orecchioni, 1980, 1997). To this roundtable, I present a comparative analysis among three civil cases and three scientific articles, aiming at seeing how far the linguistic choices contribute to the legal process controversy, or, much on the contrary, seek to reach an agreement; reinforcing a viewpoint. Methodologically, as our starting point, we have the enunciative framework description, taking into account the relationship amongst the civil case parties as well as their relation with the judge; considering all members that take part in the civil case interaction. In the scientific articles we have observed the jurists’ statute toward their colleagues. Next, we have verified the linguistic features that allow us to identify the intentions that determined the linguistic choices. The two corpora analyses enable us to observe that, in the litigation texts, whose goal is to confront the opposing party’s arguments, the language in use gives support to the conflict reinforcement; thus highlighting the disagreement. In the scientific articles, whose goal is to convince the counterparts, the linguistic choices seek to strengthen the argumentative content aiming at the readers’ accession.

Keywords: Accession; argumentation; controversy; legal discourse.