Keywords
locutor attitude
judgments of Supreme Courts of France and Spain
How to Cite
Abstract
Legal texts are closely linked to the linguistic and cultural community in which they are produced and as such they reflect the power relations existing between its members. They are highly complex texts submitted to rigid linguistic conventions. However, as Anscombre and Ducrot (1983) pointed out, any linguistic unit contains semantic and pragmatic instructions which trigger a certain argumentative orientation and reflect the point of view of the speaker (Raccah 2005). This analysis, which is based on a corpus of sentences dictated by the French Cour de Cassation and the Spanish Sala Primera de lo Civil del Tribunal Supremo, analyses, on the one hand, the expressions used to refer to the speaker or the institution involved and, on the other hand, the discourse markers used to articulate textual sequences. The contrastive analysis provides evidence that, under an apparent objectivity, these texts convey numerous points of view which are characteristics of this type of texts both on macrotextual and microtextual levels.References
Anscombre, Jean-Claude et Ducrot, Oswald. 1983. L'argumentation dans la langue. Liège-Paris : Mardaga.
Ducrot, Oswald. 1984a. "Esquisse d‘une théorie polyphonique de l‘énonciation" In Le dire et le dit, 171-233. Paris : Minuit.
Ducrot, Oswald. 1984b. "L‘argumentation par autorité". In Le dire et le dit, 149-169. Paris : Minuit.
Turco, Gilbert et Coltier, Danielle. 1988. Des agents doubles de l‘organisation textuelle, les marqueurs d‘intégration linéaire. Pratiques 57 : 57-79.
Véglia, Arlette. 1997. "Analyse d‘un arrêt de rejet de la Cour de Cassation". In: La langue de spécialité et le discours scientifique, ed. Jordi Piqué, J. Vicent Andre-Besñ et M. Carmen Cuéllar, 38-42. València : Au llibres.
Véglia, Arlette. 2004. "Etude lexicale du genre `décision de justice´ dans le domaine pénal: l'arrêt de Cour d'appel". In Le français face aux défis actuels : histoire, langue et culture, ed. Rodrigo Lñpez Carrillo et Javier Suso Lõpez. 461-469. Granada : Universidad de Granada, vol. 2.
Corpus analysé :
Arrêt CC, première chambre civile, nº 1511, 9/10/2001 ; nº 1191, 23/09/2003 ; nº1607, 9/11/2004 ; nº 1, 24/01/2006 ; nº130, 24/01/2006 ; nº 133, 24/01/2006, nº136, 24/01/2006 ; nº195, 24/01/2006 ; nº 196, 24/01/2006 ; nº 1177,5/07/2006.
http://www.courdecassation.fr/jurisprudence_2/premiere_chambre_civile_568/ (accessed april 2009)
STS Sala de lo Civil de 7/07/2002 ; de 21/12/2005 ; de 18/05/2006 ; de 05/12/2006 ; de 17/07/2007 ; de 23/05/2006 ; de 20/07/2007 ; de 19/06/2007 ; de 19/07/2007 (nº
de resoluciõn 836/2007) ; de 19/07/2007 (nº de resoluciõn 916/2007). http://www.poderjudicial.es/jurisprudencia/consulta (accessed april 2009)
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