Voice and Context in Simulated Everyday Legal Discourse
The Influence of Sex Differences and Social Ties
Bibliographic Data
| ID | 4084102 |
|---|---|
| Authors | Calvin Morrill (0000-0002-9954-3499, University of Arizona), Michelle Johnson (0000-0002-6994-3766, University of Arizona), Tyler R Harrison (0009-0004-1300-6337, University of California, Berkeley), Tyler Harrison (0000-0001-8565-596X) |
| Year | 1998 |
| Volume | 32 |
| Issue | 3 |
| Pages | 639-666 |
| Publication date | 1998-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/827759 |
| OpenAlex | W1973738323 |
| Language | EN |
| Citations received | 2 |
| References cited | 69 |
Everyday legal discourse refers to the spoken language with which ordinary people constitute the law-in-action. In this article, we experimentally investigate the social distribution of rule- and relationally-oriented discourse found by ethnographers in small-claims court settings. We examine the influences of sex differences and social ties between disputants on these types of discourse in a mock small-claims setting using a quantitative content coding scheme. We do not find empirical support for sex differences in the production of simulated everyday legal discourse. The relational context of a dispute (operationalized as the strength of social ties between disputants) has significant effects on the distribution of rule- and relationally-oriented discourse, so that disputants in relationally-close contexts produce more relationally-oriented discourse and those in relationally-distant contexts produce more rule-oriented discourses than those in relationally-close contexts. With these findings as a backdrop, we discuss (1) the contextual nature of sex differences in everyday legal discourse; (2) discourse "switching" and emotional investment in personal relationships, and (3) applications for our coding scheme to studies of disputing frames
Context (archaeology · Linguistics · Sociology · Comparative and International Law Studies · Discrimination and Equality Law · Gender Studies · History · Labor Movements and Unions · Psychology · Social Psychology
Theoretical perspectives on sexual difference
Gender and conversational interaction
Rules versus relationships
"Miscommunication" and problematic talk
The social structure of right and wrong
The bilingual courtroom
Coming of age in New Jersey
Approaches to Social Theory
Design and analysis
Handbook of qualitative research
Getting justice and getting even
Virtuous citizens, disruptive subjects
Sex Differences and Similarities in Communication
Men and Women in Interaction
Order without Law
The Common Place of Law
The Logic of Social Control
Sex Differences in Social Behavior
Bargaining in the Shadow of the Law
Is there any reason to research sex differences in communication?
You Just Don't Understand
Discipline and Punish
Interpersonal relations
Just Words
Handbook of Interpersonal Communication
The Power of Language in Adjudication and Mediation
Semiotic mediation
Language and the Culture of Gender
Family
Writing Ethnographic Fieldnotes
Social Exchange
Magnitude of psychological gender differences
A test of structural features of granovetter's strength of weak ties theory
Small Claims, Complex Disputes
Evidence and Inference in Conversation Analysis
Gender, politeness, and confrontation in Tenejapa
Language
Reproducing Rape
Coming of Age in New Jersey
Speech style and impression formation in a court setting
Naturalistic inquiry
Narratives and Narrative Structure in Plea Bargaining
In a different voice
Discipline and Punish
The Power of Language in Adjudication and Mediation
The Emergence and Transformation of Disputes
Litigant Satisfaction Versus Legal Adequacy in Small Claims Court Narratives
Gendered Lawyering
The Elusive Shadow of the Law
Talking difference
Language, Law, and Social Meanings
Gender and Workplace Dispute Resolution
The Domestication of Violence in Mediation
The bilingual courtroom
Language and woman's place
Sex Differences and Similarities in Communication
Sex and Gender Differences in Personal Relationships
Measuring Tie Strength
The Relevance of Interactional and Institutional Contexts for the Study of Gender Differences
Situational Influences on the Selection of Strategies to Resist Compliance-Gaining Attempts
The Strength of Weak Ties
Discourse Strategies
| Unique citing works | 2 |
|---|---|
| Citations per year | 0,08 |
| Citation span | 2000 - 2015 (16) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |