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Thursday, June 17, 2010

Cross-examination -- and the Cooperative Principle and attendant maxims

From:

http://web.bham.ac.uk/forensic/IAFL03/abstracts.html

J. Gibbons, "Language and Power in Courtroom Examination: a taxonomy and example."

Abstract:

"The legal system is arguably the most powerful institution in societies subject to 'the rule of law'. This power is ceded to the legal system of necessity in order to maintain an orderly society. One linguistic manifestation of power relations can be found in courtroom questioning. This paper will present a taxonomy of courtroom questions, and will show how they are exploited by lawyers during examination of witnesses to create a particular version of events, sometimes in contradiction of the version that the witness wishes to present. It will examine in detail the questions that a lawyer used in a particular murder case to control both the witness, and what the witness said. The paper will then ask whether such questioning techniques are ethically justified."

--- cfr. Grice on 'cross-examination" (WoW: 369).

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