The Power of Language in Adjudication and Mediation
Institutional Contexts as Predictors of Social Evaluation
Bibliographic Data
| ID | 5825397 |
|---|---|
| Authors | Calvin Morrill (0000-0002-9954-3499, University of Arizona), Peter C Facciola (University of Arizona) |
| Year | 1992 |
| Volume | 17 |
| Issue | 02 |
| Pages | 191-212 |
| Publication date | 1992-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Social Inquiry (JOURNAL) |
| Journal identifiers | ISSN: 0897-6546 • E-ISSN: 1747-4469 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1111/j.1747-4469.1992.tb00610.x |
| OpenAlex | W2052706581 |
| Language | EN |
| Citations received | 6 |
| References cited | 12 |
The language used by witnesses and litigants can powerfully influence evaluations by legal decision makers of disputant credibility and blame. Previous experimental research has addressed this claim in many studies of undergraduates and law students. It is not known whether this generalization applies to sitting judges or whether it extends to other institutional contexts in which dispute settlement occurs, such as mediation centers. In this article we present findings from three experiments conducted with undergraduates, sitting judges, and practicing mediators. Speech style (powerful, powerless) and discourse (rule, relational) were manipulated in a 2×2 repeated measures design in each subject pool. The findings suggest that students' and judges' evaluations of disputant credibility, social characteristics, and blame are affected by speech style, while mediators' evaluations of the same are affected by particular interactions of speech style and discourse only. These findings are interpreted as a function of the prescriptive and behavioral language norms to which students, judges, and mediators are routinely exposed in their institutional contests. Implications for future law and language research are also discussed
Adjudication · Blame · Credibility · Mediation · Political science · Settlement (finance · Style (visual arts · Computer Science · Judicial and Constitutional Studies · Jury Decision Making Processes · Law · Law in Society and Culture · Legal Education and Practice Innovations · Psychology · Social Psychology
Scales for the measurement of ethos
Gender schemas and perceptions of speech style
A molecular view of powerful and powerless speech styles
Investigating English Style
To Be a Mediator
Speech style and impression formation in a court setting
Mediator Settlement Strategies
Litigant Satisfaction Versus Legal Adequacy in Small Claims Court Narratives
Ideological Production
The Evaluative Consequences of Hedges, Hesitations, and Intensifies Powerful and Powerless Speech Styles
The Seriousness of Acts and Social Contexts
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,19 |
| Citation span | 1994 - 2012 (19) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 6 |