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Amy
Wang
Lancaster University
When
precision meets vagueness:a corpus-assisted approach to
vagueness in Taiwanese and British courtrooms
Vagueness
in language often carries negative connotations,and this
is particularly the case in legal contexts.
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Yet
vagueness is a natural part of language (e.g.Channell,
1994,Williamson,1994).It conveys various functions in
language use; for example,i t enables speakers to flag
their utterance as uncertain, and to compensate for a lack
of more precise information.Precision and imprecision in
legal language has already attracted the attention of
scholars (e.g. Solan, 1993), but has tended to focus on
written legal texts. This paper examines vagueness in (i)
spoken contexts, namely courtroom discourse and (ii) two
different cultural settings (British and Taiwanese). It
explores the interaction of some opposing tendencies in
courtroom exchanges:how the expectation in high precision
of court language interacts with the natural phenomenon of
language vagueness, and how high-precision legalese
interacts with the language used by lay people (e.g. plaintiffs, defendants and
witnesses). Drawing upon
corpora consisting of transcriptions of Taiwanese and
British criminal court proceedings, the paper compares the
patterns of linguistic vagueness between these two legal systems, of which the former belongs to the continental
law system and the latter an adversarial system. It will
be demonstrated that some vagueness patterns and functions
are common to both the British and Taiwanese legal
settings (e.g. self-protection, modifying the
illocutionary force and marking speaker’s subjective assumption), but they are realized in markedly different
ways in each. Finally,it will also be shown that
manipulation of vagueness in court is closely connected to
participants’goals in the context.
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