A contrastive investigation of the performative and descriptive use of surprise frames in judicial opinions of the HKSAR

Abstract

This article examines the use of surprise frames in judicial opinions of the HKSAR. Specifically, it examines the semantic variation of surprise frames and the discourse purposes for which they are used. In doing so, it explores the underlying interactivity of surprise frames by distinguishing between performative expressions of surprise (those that emanate from the current author's reflection) and descriptive expressions (those that report on another's sense of surprise). Recognising that legal discourse scholars often neglect lower courts, the paper contrasts opinions from three levels of court in the HKSAR. Genre and court-specific patterns emerge: a key similarity is that all three courts, performatively and descriptively, most often use the TYPICALITY frame. Key differences include a significantly greater use of the TYPICALITY frame by the appeal courts in relation to the trial courts; more qualitatively oriented analysis shows that the use of surprise frames maps onto the common law standard of review, i.e., the appeal courts largely use surprise frames to focus on legal issues. In contrast, the trial courts focus on facts and evidence. The article concludes with a discussion of the implications of the main findings for researchers and professionals.