Move Analysis of Legal Justifications in Constitutional Tribunal Judgments in Poland
What They Share and What They Do Not
Bibliographic Data
| ID | 21593654 |
|---|---|
| Authors | Stanisław Goźdź-Roszkowski (0000-0002-4323-8647, University of Lodz, corresponding author) |
| Year | 2020 |
| Volume | 33 |
| Issue | 3 |
| Pages | 581-600 |
| Publication date | 2020-09-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique (JOURNAL) |
| Journal identifiers | ISSN: 0952-8059 • E-ISSN: 1572-8722 |
| Publisher | Springer Science and Business Media LLC (PUBLISHER) |
| DOI | 10.1007/s11196-020-09700-1 |
| OpenAlex | W3023376700 |
| Language | EN |
| Citations received | 6 |
| References cited | 12 |
It appears that we know surprisingly little about how judges frame linguistically the rationale behind their decisions and how such texts are structured. Using the concept of rhetorical moves (Swales in Genre analysis: English in academic and research settings, Cambridge University Press, Cambridge, 1990; Bhatia in Analyzing genre-language use in professional settings, Longman, London, 1993, Worlds of written discourse. A genre-based view, Continuum, London, 2004), this paper adopts a genre-based approach to examine the rhetorical structure of legal justifications provided in the decisions of the Polish Constitutional Court ( Trybunał Konstytucyjny ). The goal of the study is to verify the claim that the way justifications are drafted is becoming more and more uniform and conventional. The results show that there is a common core of rhetorical structure realized by means of recurrent functional segments of text. This paper proposes a prototypical move structure of a Constitutional Tribunal justification and it argues that that the way justifications are drafted are subject to very concrete, even if not explicitly stated constraints
Applied linguistics · Constitutional court · Epistemology · Genre analysis · Linguistics · Political science · Rhetorical question · Sociology · Tribunal · Computer Science · Discourse Analysis in Language Studies · Law · linguistics and terminology studies · Philosophy · Translation Studies and Practices
The Role of Culture in Legal Languages, Legal Interpretation and Legal Translation
Communicating Dissent in Judicial Opinions
Studying Legal Persuasion and Emotion in Spanish and English
Legal Latin in the Decisions of the Polish Constitutional Tribunal
Constitutional Justice as a Language of Rights
Who's Really Got the Right Moves? Analyzing Recommendations for Writing American Judicial Opinions
| Citations per year | 1 |
|---|---|
| Citation span | 2020 - 2026 (7) |
| Highly cited | No |