法庭言语中违背合作原则的会话含义分析_商务英语论文
文档分类: 商务英语 文档上传会员:朝花夕拾 上传时间:2018-01-09
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摘要

合作原则在语用学中是一个非常重要的原则,有广泛的适用性和普遍的解释力。合作原则在法庭审判中也有大量的体现。本文通过分析大量在中国法庭中的庭审例子以及美剧《傲骨贤妻》中的庭审言语,分析了庭审当事人违背格莱斯的合作原则产生的会话含义,旨在揭示当事人背后的意图。研究结果表明,各方当事人由于利益和立场不同,经常通过自己的话语权影响庭审的气氛和引导法官及陪审员的思路,使判决结果按自己的预期方向发展。法官和陪审员只有充分考虑和分析当事人的会话含义,才能提高审判效率和做出合理的判决。

关键词:合作原则;庭审言语;会话含义
 
Abstract

Cooperative Principle is an important theory of pragmatics, and it has a broad applicability and universal explanatory power. There are a lot of reflections of Cooperative Principle in the courtroom. This paper analyzes a large number of cases and trial languages both in Chinese courtroom and the American TV series The Good Wife. The author also analyzes the conversational implication by violating Grice’s cooperative principles. The purpose of this paper is to reveal the real intention of parties. The study shows that, different parties have different benefit and standpoint. They always affect the trial atmosphere and guide judges and jurors through their own discourse power so that the judgment correspond to their expectations. Only by understanding the conversational implication of different parties correctly can judges and jurors improve the efficiency and make impartial judgment.

Key words: Cooperative Principle; conversational implication; court language

1.Introduction
Cooperative Principle has a strong operability and guiding significance in the field of justice, especially in the criminal trial. Only by understanding the conversational implication of different parties correctly can we improve the efficiency of access to information during the trial process. By doing so, people who are involved case can maintain the impartiality of justice and improve the efficiency of the staff who work in the field of justice.
The Cooperative Principle was mentioned by the American philosopher Grice Herbert Paul. He put forwarded his theory in his 1961 article The Causal Theory of Perception for the first time, but the theory was most fully explored in his 1967 William James Lectures on Logic and Conversation at Harvard University. The Cooperative Principle is manifested in all aspects of life, including the court. Many scholars have devoted their energy into the study of Cooperative Principle in court language and brought out a variety of theories about it. In China, there are still some scholars who are interested in Cooperative Principle reflected in courtroom. A famous scholar doctor Liao Meizhen think that there is strong purpose of each of the participants in court interaction, the purpose-conflict is the essence characteristic of the court language. And sometimes participants violate the Cooperative Principle deliberately in order to better follow it. There are other large quantities of scholars like Zhang Liping, Jin Xiaobo, Zeng Fanjing, Cao Linjing and Jiang Ling. All of them analyze the reflection of the Cooperative Principle in court. Their research in this field and their findings are all inspiring.

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