000 02156cam a2200253 4500500
005 20250121092209.0
041 _afre
042 _adc
100 1 0 _aVincent, Diane
_eauthor
245 0 0 _aMisinterpretation, Plagiary, Insult and Defamation: Objects of Litigation and Materials for Linguists.
260 _c2010.
500 _a80
520 _a"The legal system rests on the confrontation between discourses. Defense and Accusation are obliged to present adversative positions. That discursive dimension is even more real when what is being judged is a 'word crime', i.e. when speech is at the very center of the litigation. The rules regulating prohibited language are codified in various laws, but the interpretations of what can and cannot be said are as numerous as they are subjective. When investigating the legal domain linguistically, schematically three sub-sets of research appear: 1) everything that concerns writing up legal texts, which includes anticipating the potential interpretations of utterances ; 2) research concerning the validity of proof based on the speech of witnesses or the accused; 3) contentious discourses, whether the interpretation of a damaging utterance ( e.g. slander) or the resemblance between two texts (plagiary). It is this domain of contentious discourse that is explored here, by describing the requests for expertise to which the author was led to respond, and the conceptual and methodological tools deployed so as to provide a lawyer with a satisfactory answer to his/her question. In conclusion, an ethical reflection on the tensions between academic practices, that depend on continuous questioning, and presenting proof, which does not tolerate placing facts in perspective. "
690 _aDiscourse analysis
690 _aspeech act
690 _aApplied linguistics
690 _ainsult
690 _aethics
690 _aSociolinguistics
690 _aplagiary
690 _alitigation
786 0 _nLangage et société | o 132 | 2 | 2010-07-23 | p. 35-50 | 0181-4095
856 4 1 _uhttps://shs.cairn.info/journal-langage-et-societe-2010-2-page-35?lang=en&redirect-ssocas=7080
999 _c513508
_d513508