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In:Politeness in Professional Contexts
Edited by Dawn Archer, Karen Grainger and Piotr Jagodziński
[Pragmatics & Beyond New Series 311] 2020
► pp. 251–272

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Chapter 11
Judicial questioning

How context shapes facework strategies

 | University of Colorado
Published online: 21 August 2020
DOI logo with link
https://doi.org/10.1075/pbns.311.11tra
Article outline
  • 1.Introduction
  • 2.Past research on questioning and facework in courtrooms
  • 3.Appellate judge questioning during oral argument
  • 4.Small claims court judge questioning
  • 5.Using “context” in future research on face and politeness
    • 5.1Politeness/face concepts as sensitizing tools
    • 5.2How context shapes politeness theorizing
  • Notes
  • References
References (68)
References
Aldridge, Michelle, and June Luchjenbroers. 2007. “Linguistic Manipulations in Legal Discourse: Framing Questions and “Smuggling” Information.” Journal of Speech, Language, and the Law 14: 85–107.Google Scholar logo with link to Google Scholar
Archer, Dawn. 2011. “Cross-examining Lawyers, Facework and the Adversarial Courtroom.” Journal of Pragmatics 43 (13): 3216–3230. Google Scholar logo with link to Google Scholar
. 2017. “Impoliteness in Legal Settings.” In The Palgrave Handbook of Linguistic (Im)politeness, ed. by Jonathan Culpeper, Michael Haugh and Daniel Z. Kadar, 713–737. London: Palgrave. Google Scholar logo with link to Google Scholar
Auer, Peter, and Aldo de Luzio, (eds). 1992. The Contextualization of Language. Philadelphia: John Benjamins. Google Scholar logo with link to Google Scholar
Bartesaghi, M. 2009. “Conversation and Psychotherapy: How Questioning Reveals Institutional Answers.” Discourse Studies 11: 153–177. Google Scholar logo with link to Google Scholar
Bousfield, Derek. 2008. Impoliteness in Interaction. Amsterdam: John Benjamins. Google Scholar logo with link to Google Scholar
Brown, Penelope, and Stephen C. Levinson. 1978. “Universals in Language Usage: Politeness Phenomena.” In Questions and Politeness: Strategies in Social Interaction, ed. by Ester N. Goody, 56–310. Cambridge: Cambridge University Press.Google Scholar logo with link to Google Scholar
Clayman, Steven. 2010. “Questions in Broadcast Journalism.” In “Why do you ask?” The Function of Questions in Institutional Discourse, ed. by Susan Ehrlich and Alice Freed, 256–278. Oxford: Oxford University Press.Google Scholar logo with link to Google Scholar
Craig, Robert T., and Karen Tracy. 1995. “Grounded Practical Theory: The Case of Intellectual Discussion.” Communication Theory 5: 248–272. Google Scholar logo with link to Google Scholar
. 2014. “Building Grounded Practical Theory in Applied Communication Research: Introduction to the Special Issue.” Journal of Applied Communication Research 42 (3): 229–243. Google Scholar logo with link to Google Scholar
Culpeper, Jonathan, Michael Haugh, and Daniel Z. Kadar (eds). 2017. The Palgrave Handbook of Linguistic (Im)politeness. London: Palgrave Macmillan. Google Scholar logo with link to Google Scholar
Culpeper, Jonathan, and Marina Terkourafi. 2017. “Pragmatic Approaches (Im)politeness.” In The Palgrave Handbook of Linguistic (Im)politeness, ed. by Jonathan Culpeper, Michael Haugh and Daniel Z. Kadar, 11–39. London: Palgrave Macmillan. Google Scholar logo with link to Google Scholar
Drew, Paul. 1992. “Contested Evidence in Courtroom Cross-examination: The Case of a Trial for Rape.” In Talk at Work, ed. by Paul Drew and John Heritage, 470–520. Cambridge: Cambridge University Press.Google Scholar logo with link to Google Scholar
Duranti, A., and C. Goodwin (eds). 1992. Rethinking Context: Language as an Interactive Phenomenon. Cambridge, UK: Cambridge University Press.Google Scholar logo with link to Google Scholar
Ehrlich, Susan, and Alice F. Freed. 2010. “The Function of Questions in Institutional Discourse.” In “Why Do You Ask?” The Function of Questions in Institutional Discourse, ed. by S. Ehrlich and A. F. Freed, 3–19. Oxford: Oxford University Press.Google Scholar logo with link to Google Scholar
Ford, Cecilia E.. 2010. “Questioning in Meetings: Participation and Positioning.” In “Why Do You Ask?” The Function of Questions in Institutional Discourse, ed. by Susan Ehrlich and Alice Freed, 211–234. Oxford: Oxford University Press.Google Scholar logo with link to Google Scholar
Goffman, E. 1955. “On Facework: An Analysis of Ritual Elements in Social Interaction.” Psychiatry: Interpersonal and Biological Processes 18: 213–231. Google Scholar logo with link to Google Scholar
Goffman, Erving. 1979. “Footing.” Semiotica 25: 1–29. Google Scholar logo with link to Google Scholar
Grainger, Karen. 2018. ““We’re Not in a Club Now”: A Neo-Brown and Levinson Approach to Analyzing Courtroom Data.” Journal of Politeness Research 14 (1): 19–38. Google Scholar logo with link to Google Scholar
Grisci, Augusto, and Clotide Pontecorvo. 2004. “The Organization of Questions and Answers in the Thematic Phases of Hostile Examination: Turn-by-turn Manipulation of Meaning.” Journal of Pragmatics 36: 965–995. Google Scholar logo with link to Google Scholar
Harris, Sandra. 2011. “The Limits of Politeness Revisited.” In Discursive Approaches to Politeness, ed. by Linguistic Research Politeness Group, 85–108. Berlin: Mouton de Gruyter.Google Scholar logo with link to Google Scholar
Hepburn, Alexa, and Jonathan Potter. 2010. “Interrogating Tears: Some Uses of “Tag Questions” in a Child Protection Helpline.” In “Why Do You Ask?” The Function of Questions in Institutional Discourse, ed. by Susan Ehrlich and Alice Freed, 69–86. Oxford: Oxford University Press.Google Scholar logo with link to Google Scholar
Heritage, John. 2002. “The Limits of Questioning: Negative Interrogatives and Hostile Question Content.” Journal of Pragmatics 34 (10): 1427–1446. Google Scholar logo with link to Google Scholar
. 2010. “Questioning in Medicine.” In “Why Do You Ask?”: The Function of Questions in Institutional Discourse, ed. by Alice Freed and Susan Ehrlich, 42–68. New York, NY: Oxford University Press.Google Scholar logo with link to Google Scholar
Houwen, Fleur van der. 2015. ““If It Doesn’t Make Sense It’s Not True” How Judge Judy Creates Coherent Stories Through “Common-Sense” Reasoning According to the Neoliberal Agenda.” Social Semiotics 25: 255–273. Google Scholar logo with link to Google Scholar
Hultgreen, Anna Kristina, and Deborah Cameron. 2010. ““How May I Help You?”: Questions, Control, and Customer Care in Telephone Call Center Talk.” In “Why Do You Ask?” The Function of Questions in Institutional Discourse, ed. by Susan Ehrlich and Alice Freed, 322–342. Oxford: Oxford University Press.Google Scholar logo with link to Google Scholar
Hutchby, Ian. 2008. “Participants’ Orientations to Interruptions, Rudeness and other Impolite Acts in Talk-in-interaction.” Journal of Politeness Research. Language, Behaviour, Culture 4 (2): 221–241.Google Scholar logo with link to Google Scholar
Ilie, Cornelia. 2015. “Questions and Questioning.” In The International Encyclopedia of Language and Social Interaction, ed. by Karen Tracy, Cornelia Ilie and Todd Sandel, 1257–1271. Boston: Wiley-Blackwell. Google Scholar logo with link to Google Scholar
Johnson, Alison., & Ruth Clifford. (2011). “Polite Incivility in Defensive Attack: Strategic Politeness and Impoliteness in Cross-Examination in the David Irving vs. Penguin Books Ltd and Deborah Lipstadt Trial Journal of Politeness Research, 7(1), 43–51. Google Scholar logo with link to Google Scholar
Johnson, Timothy R.. 2004. Oral Arguments and Decision Making on the United States Supreme Court. Albany, NY: State University of New York.Google Scholar logo with link to Google Scholar
Lakoff, Robin Tolmach. 1989. “The Limits of Politeness: Therapeutic and Courtroom Discourse.” Multilingua 8 (2–3): 101–129. Google Scholar logo with link to Google Scholar
Leeds-Hurwitz, Wendy. 1997. “The Concept of Context in Social Communication Theory.” In Context and communication behavior, ed. by James L. Owen, 319–335. Reno, NV: Context Press.Google Scholar logo with link to Google Scholar
Levinson, Stephen C. 1992. “Activity Types and Language." In Talk at work: Interaction in institutional settings ed. by Paul Drew and John. Heritage, 66–100. Cambridge: Cambridge University Press.Google Scholar logo with link to Google Scholar
Lim, T., and John W. Bowers. 1991. “Facework, Solidarity, Approbation and Tact.” Human Communication Research 17: 415–450. Google Scholar logo with link to Google Scholar
Margutti, Piera. 2010. “On Designedly Incomplete Utterances: What Counts as Learning for Teachers and Students in Primary Classroom Interaction.” Research on Language and Social Interaction 43 (4): 315–345. Google Scholar logo with link to Google Scholar
Mills, C. Wright. 1940. “Situated Actions and Vocabularies of Motive.” American Sociological Review 5:904–913. Google Scholar logo with link to Google Scholar
Mills, Sara. 2011. “Discursive Approaches to Politeness and Impoliteness.” In Discursive Approaches to Politeness, ed. by Linguistic Research Politeness Group, 19–56. Berlin: Mouton de Gruyter. Google Scholar logo with link to Google Scholar
O’Driscoll, Jim. 2017. “Face and (Im)politeness.” In The Palgrave Handbook of Linguistic (Im)politeness, ed. by Jonathan Culpeper, Michael Haugh and Daniel Z. Kadar, 89–118. London: Palgrave Macmillan. Google Scholar logo with link to Google Scholar
Owen, James L., (ed). 1997. Context and communication behavior. Reno, NV: Context Press.Google Scholar logo with link to Google Scholar
Oxburgh, Gavin E., Trond Myklebust, and Tim Grant. 2010. “The Question of Question Types in Police Interviews: A Review of the Literature from a Psychological and Linguistic Perspective.” International Journal of Speech, Language and the Law 17 (1): 45–66. Google Scholar logo with link to Google Scholar
Pascual, Esther. 2006. “Questions in Legal Monologues: Fictive Interaction as Argumentative Strategy in a Murder Trial.” Text and Talk 26: 382–402.Google Scholar logo with link to Google Scholar
Penman, Robyn. 1987. “Discourse in Courts: Cooperation, Coercion, and Coherence.” Discourse Processes 10: 210–218. Google Scholar logo with link to Google Scholar
. 1990. “Facework and Politeness: Multiple Goals in Courtroom Discourse.” Journal of Language and Social Psychology 9: 15–38. Google Scholar logo with link to Google Scholar
Philips, Susan U.. 1998. Ideology in the Language of Judges: How Judges Practice Law, Politics, and Courtroom Control. New York: Oxford University Press.Google Scholar logo with link to Google Scholar
Pomerantz, Anita. 1988. “Offering a Candidate Answer: An Information Seeking Strategy.” Communication Monographs 55: 360–373. Google Scholar logo with link to Google Scholar
Rottman, David, and Tom R. Tyler. 2014. “Thinking about Judges and Judicial Performance: Perspectives of the Public and Court Users.” Onati Socio-legal Series 4 (5): 1046–1070.Google Scholar logo with link to Google Scholar
Ruhnka, John C., and Steven Weller. 1978. Small Claims Courts: A National Examination. Williamsburg, VA: National Center for State Courts.Google Scholar logo with link to Google Scholar
Scotton, Carol. 1985. “What the Heck, Sir: Style shifting and Lexical Colouring as Features of Powerful Language.” In Sequences and Pattern in Communicative Behaviour, ed. by Richard L. Street and Joseph N. Cappella, 103–119. London: Edward Arnold.Google Scholar logo with link to Google Scholar
Segal, Jeffrey A., and Harold J. Spaeth. 2002. The Supreme Court and the Attitudinal Model Revisited. New York: Cambridge University Press. Google Scholar logo with link to Google Scholar
Shuy, Roger W.. 1995. “How a Judge’s Voir Dire Can Teach a Jury What to Say.” Discourse and Society 6: 207–222. Google Scholar logo with link to Google Scholar
Sidnell, Jack. 2010. “The Design and Positioning of Questions in Inquiry Testimony.” In “Why do You Ask?” The Function of Questions in Institutional Discourse, ed. by Susan Ehrlich and Alice Freed, 20–41. Oxford: Oxford University Press.Google Scholar logo with link to Google Scholar
Spencer-Oatey, Helen. 2002. “Managing Rapport in Talk: Using Rapport Sensitive Incidents to Explore the Motivational Concerns Underlying the Management of $elations." Journal of Pragmatics 34 : 529–545. Google Scholar logo with link to Google Scholar
Tracy, Karen. 1997. Colloquium: Dilemmas of Academic Discourse. Norwood, N.J.: Ablex.Google Scholar logo with link to Google Scholar
. 1998. “Analyzing Context: Framing the discussion.” Research on Language and Social Interaction 31 (1): 1–28. Google Scholar logo with link to Google Scholar
. 2008. ““Reasonable Hostility”: Situation–appropriate Face Attack.” Journal of Politeness Research: Language, Behaviour, Culture 4: 169–191. Google Scholar logo with link to Google Scholar
. 2011. “A Facework System of Minimal Politeness: Oral argument in Appellate Court”. Journal of Politeness Research: Language, Behaviour, Culture 7 (1): 123–145. Google Scholar logo with link to Google Scholar
. 2011. “Identity-work in Appellate Oral Argument: Ideological Identities within a Professional One”. In Constructing Identities at Work, ed. by J. Angouri and M. Marra, 179–203. Brunel, UK: Palgrave.Google Scholar logo with link to Google Scholar
. 2016. Discourse, Identity, and Social Change in the Marriage Equality Debates. New York: Oxford University Press. Google Scholar logo with link to Google Scholar
Tracy, Karen, and Mary Caron. 2017. “How the Language Style of Small Claims Judges Does Ideological Work.” Journal of Language and Social Psychology 36 (3):321–342. Google Scholar logo with link to Google Scholar
Tracy, Karen, and Robert T. Craig. 2019. “Decision Announcements in Small Claims Court: A Recurring Judge Dilemma.” Language and Dialogue 9 (1):65–85. Google Scholar logo with link to Google Scholar
Tracy, Karen, and Danielle Hodge. 2018. “Judge Discourse Moves that Enact and Endanger Procedural Justice.” Discourse and Society 29 (1):63–85. Google Scholar logo with link to Google Scholar
. 2019. “Discourse Features of Disputing in Small Claims Hearings.” In Routledge Handbook of Language in Conflict, ed. by Jim O’Driscoll and Lesley Jeffries, 271–285. London: Routledge. Google Scholar logo with link to Google Scholar
Tracy, Karen, and Russell M. Parks. 2012. ““Tough Questioning”“ as Enactment of Ideology in Judicial Conduct: Marriage Law Appeals in Seven US Courts.” International Journal of Speech Language and the Law 19 (1): 1–25. Google Scholar logo with link to Google Scholar
Tracy, Karen, and Jessica S. Robles. 2009. “Question, Questioning, and Institutional practices.” Discourse Studies 11: 131–152. Google Scholar logo with link to Google Scholar
. 2013. Everyday Talk: Building and Reflecting Identities. 2nd ed. New York: Guilford.Google Scholar logo with link to Google Scholar
van Dijk, Teun. 2008. Discourse and Context. A Sociocognitive Approach. Cambridge: Cambridge University Press. Google Scholar logo with link to Google Scholar
Watts, Richard J. 2003. Politeness. Cambridge, UK: Cambridge University Press. Google Scholar logo with link to Google Scholar
Woodbury, H. 1984. “The Strategic Use of Questions in Court.” Semiotica 48: 197–228. Google Scholar logo with link to Google Scholar
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