Beyond texts in context
Recontextualization and the co-production of texts and contexts in the legal discourse, excited utterance exception to hearsay
Bibliographic Data
| ID | 12252575 |
|---|---|
| Authors | Jennifer Andrus (0000-0002-7001-8391, University of Utah, corresponding author) |
| Year | 2011 |
| Volume | 22 |
| Issue | 2 |
| Pages | 115-136 |
| Publication date | 2011-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Discourse & Society (JOURNAL) |
| Journal identifiers | ISSN: 0957-9265 • E-ISSN: 1460-3624 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/0957926510392119 |
| OpenAlex | W1974321107 |
| Language | EN |
| Citations received | 16 |
| References cited | 27 |
The excited utterance exception to hearsay from the US Federal Rules of Evidence (US Courts, 2006: Section 8) is a special kind of reported speech — the repetition of an utterance that reports an event, made prior to the courtroom interaction, in response to exciting circumstances, to a passive third party. This reported speech and the rules that govern it provide insight into the discursive relationship between text and context. This article uses the excited utterance exception to develop a theory of recontextualization, building on research that shows that texts do not merely constitute contexts, nor do contexts neatly hold and inform the texts embedded in them. Contexts are complex and subjective matrices made up of utterances, texts, actions and events, and these matrices are themselves open to recontextualization. This analysis shows that legal discourse simplifies and constrains both texts and contexts, and positions them causally in the recursive and simultaneous processes of entextualization and recontextualization
Context (archaeology · Hearsay · Indirect speech · Linguistics · Political science · Presupposition · Repetition (rhetorical device · Utterance · Computer Science · Discourse Analysis in Language Studies · History · Interpreting and Communication in Healthcare · Language, Discourse, Communication Strategies · Law · Philosophy
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Language and Gendered Violence in the Legal System
Grammar and Institutional Discourse
The Language of Violence against Women
Meaning transformation and recontextualization
The Role of Metaphor in Architects' Negotiation and (Re)Construction of Knowledge Across Genres
Exclusion, delegitimization, and moderation
‘Dr Shipman told you that…’ The organising and synthesising power of quotation in judicial summing-up
I think Gray is just against you there”
Are netizens social Darwinists
Textual Standardization and the DSM-5 “Common Language”
Conducting a task while reconstructing its meaning
Rethinking Collective Reflection in Teacher Professional Development
The linguistic sense of placement
The impact of hyperbole on perception of victim testimony
Audience design in the police interview
Discourse and Identity
Representing Rape
Discourse and Identity
Ideology in the Language of Judges
Discourse
Discourse and Context
Discourse across boundaries
Coral Gardens and Their Magic
Elite Discourse and Racism
Beyond Reasonable Doubt" and "Probable Cause
The politics of recontextualization
Whose Text? Whose Context
The expert witnesses and courtroom discourse
Reproducing Rape
Warning Labels
The development of an artefactual language ideology
Facing Facts in Legal Interpretation
Legal discourse and the cultural intelligiblity of gendered meanings1
Intertextual authority in reported speech
I think that's not an assumption you ought to make
| Unique citing works | 16 |
|---|---|
| Citations per year | 1,23 |
| Citation span | 2013 - 2026 (14) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 16 |