Formulaic metadiscursive signalling devices in judgments of the Court of Justice of the European Union: a new corpus-based model for studying discourse relations of texts

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@article{c12af0696dd841528154c38ba81f825a,
title = "Formulaic metadiscursive signalling devices in judgments of the Court of Justice of the European Union: a new corpus-based model for studying discourse relations of texts",
abstract = "This article investigates how paragraph-initial metadiscursive lexical items serve as signalling devices in text organisation of judgments of the Court of Justice of the European Union (ECJ). Building on established work in the field of linguistics that claims that legal reasoning can be understood from the utterances used in a text (Crystal and Davy 1969), the authors also consider the context in which judgments of the ECJ are produced and applied. The findings of the linguistic analysis carried out are contextualised within the unique multilingual setting of the ECJ, using Koestler{\textquoteright}s theory of creativity and cognitive theories of text processing as the basis of analysis. That analysis leads to the conclusion that not only do language patterns found in ECJ judgments shape the method of reasoning used by that Court, but also that those judgments are made up of {\textquoteleft}almost wholly automised{\textquoteright} sub-codes of grammar and syntax.",
keywords = "law and language, legilinguistics, legallinguistics, linguistics, law and linguistics, ECJ, CJEU, Court of Justice of the European Union, EU Law",
author = "Aleksandar Trklja and Karen McAuliffe",
year = "2019",
month = sep,
day = "11",
doi = "10.1558/ijsll.36920",
language = "English",
volume = "26",
pages = "21–55",
journal = "International Journal of Speech Language and the Law",
issn = "1748-8885",
publisher = "Equinox Publishing",
number = "1",

}

RIS

TY - JOUR

T1 - Formulaic metadiscursive signalling devices in judgments of the Court of Justice of the European Union

T2 - a new corpus-based model for studying discourse relations of texts

AU - Trklja, Aleksandar

AU - McAuliffe, Karen

PY - 2019/9/11

Y1 - 2019/9/11

N2 - This article investigates how paragraph-initial metadiscursive lexical items serve as signalling devices in text organisation of judgments of the Court of Justice of the European Union (ECJ). Building on established work in the field of linguistics that claims that legal reasoning can be understood from the utterances used in a text (Crystal and Davy 1969), the authors also consider the context in which judgments of the ECJ are produced and applied. The findings of the linguistic analysis carried out are contextualised within the unique multilingual setting of the ECJ, using Koestler’s theory of creativity and cognitive theories of text processing as the basis of analysis. That analysis leads to the conclusion that not only do language patterns found in ECJ judgments shape the method of reasoning used by that Court, but also that those judgments are made up of ‘almost wholly automised’ sub-codes of grammar and syntax.

AB - This article investigates how paragraph-initial metadiscursive lexical items serve as signalling devices in text organisation of judgments of the Court of Justice of the European Union (ECJ). Building on established work in the field of linguistics that claims that legal reasoning can be understood from the utterances used in a text (Crystal and Davy 1969), the authors also consider the context in which judgments of the ECJ are produced and applied. The findings of the linguistic analysis carried out are contextualised within the unique multilingual setting of the ECJ, using Koestler’s theory of creativity and cognitive theories of text processing as the basis of analysis. That analysis leads to the conclusion that not only do language patterns found in ECJ judgments shape the method of reasoning used by that Court, but also that those judgments are made up of ‘almost wholly automised’ sub-codes of grammar and syntax.

KW - law and language

KW - legilinguistics

KW - legallinguistics

KW - linguistics

KW - law and linguistics

KW - ECJ

KW - CJEU

KW - Court of Justice of the European Union

KW - EU Law

UR - http://www.scopus.com/inward/record.url?scp=85075181450&partnerID=8YFLogxK

U2 - 10.1558/ijsll.36920

DO - 10.1558/ijsll.36920

M3 - Article

VL - 26

SP - 21

EP - 55

JO - International Journal of Speech Language and the Law

JF - International Journal of Speech Language and the Law

SN - 1748-8885

IS - 1

ER -