{"title":"通过态度定位协商法治价值","authors":"Chunxu Shi","doi":"10.1075/ps.23026.shi","DOIUrl":null,"url":null,"abstract":"\n This article examines how the value of rule of law is negotiated through public prosecutors’ attitudinal\n positioning of themselves and defendants in courtroom discourse. A corpus-based analysis of 120 recent Chinese digital indictments\n revealed that the evaluative stances of public prosecutors toward themselves invariably imply positive judgment of capacity and\n legal propriety in their legal investigation, thus constructing a stable and authoritative image of law enforcers. Their attitudes\n toward defendants are mainly negative judgments of both moral and legal propriety through various criminal actions, creating a\n predominantly evil image of law violators with different personae. It is through these sharply different patterns of discourse\n representation that public prosecutors tactically construct and negotiate attitudes toward crime and justice, thus establishing\n mainstream judicial values during legal proceedings. This study may shed new light on the research of legal argumentation for\n negotiating judicial values under the civil law system in this digital era.","PeriodicalId":44036,"journal":{"name":"Pragmatics and Society","volume":null,"pages":null},"PeriodicalIF":0.7000,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Negotiating the value of rule of law through attitudinal positioning\",\"authors\":\"Chunxu Shi\",\"doi\":\"10.1075/ps.23026.shi\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n This article examines how the value of rule of law is negotiated through public prosecutors’ attitudinal\\n positioning of themselves and defendants in courtroom discourse. A corpus-based analysis of 120 recent Chinese digital indictments\\n revealed that the evaluative stances of public prosecutors toward themselves invariably imply positive judgment of capacity and\\n legal propriety in their legal investigation, thus constructing a stable and authoritative image of law enforcers. Their attitudes\\n toward defendants are mainly negative judgments of both moral and legal propriety through various criminal actions, creating a\\n predominantly evil image of law violators with different personae. It is through these sharply different patterns of discourse\\n representation that public prosecutors tactically construct and negotiate attitudes toward crime and justice, thus establishing\\n mainstream judicial values during legal proceedings. This study may shed new light on the research of legal argumentation for\\n negotiating judicial values under the civil law system in this digital era.\",\"PeriodicalId\":44036,\"journal\":{\"name\":\"Pragmatics and Society\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.7000,\"publicationDate\":\"2024-01-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Pragmatics and Society\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://doi.org/10.1075/ps.23026.shi\",\"RegionNum\":3,\"RegionCategory\":\"文学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"LANGUAGE & LINGUISTICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Pragmatics and Society","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1075/ps.23026.shi","RegionNum":3,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"LANGUAGE & LINGUISTICS","Score":null,"Total":0}
Negotiating the value of rule of law through attitudinal positioning
This article examines how the value of rule of law is negotiated through public prosecutors’ attitudinal
positioning of themselves and defendants in courtroom discourse. A corpus-based analysis of 120 recent Chinese digital indictments
revealed that the evaluative stances of public prosecutors toward themselves invariably imply positive judgment of capacity and
legal propriety in their legal investigation, thus constructing a stable and authoritative image of law enforcers. Their attitudes
toward defendants are mainly negative judgments of both moral and legal propriety through various criminal actions, creating a
predominantly evil image of law violators with different personae. It is through these sharply different patterns of discourse
representation that public prosecutors tactically construct and negotiate attitudes toward crime and justice, thus establishing
mainstream judicial values during legal proceedings. This study may shed new light on the research of legal argumentation for
negotiating judicial values under the civil law system in this digital era.