试论语境重构导致的意义流变:从庭审话语到判决书

Meaning Change or Loss Due to Recontextualisation:From Courtroom Discourse to Written Judgment

  • 摘要: 意义在社会交往和互动中周转和流动。在周转和流动的过程中,有些意义保留了,有些流失了,有些改变了。这种现象在从庭审话语到判决书的过程中十分常见。庭审话语中的意义是多维的,在形成判决书的过程中,由于语境的重构和模态的单一化,庭审中的意义或多或少会发生变化或流失。本文从社会符号学的角度出发,结合系统功能语言学的语类思想和多模态语篇分析视角,剖析语境、语境重构、音韵融合型副语言以及语义融合型副语言对言语行为的作用,探讨在从庭审话语到判决书的过程中意义的产生、流变以及导致流变的因素。分析发现,庭审话语凸显的是庭审参与者重构案件事实的概念意义,表达态度和立场的人际意义以及识别涉案相关实体的谋篇意义;判决书则通过保留、添加或删除的方式,将庭审话语中的三种意义转化为实现判决书说理、说服和司法公平正义的概念、人际和谋篇意义。

     

    Abstract: Meaning transfers and drifts in social interactions. In this process, some meanings are retained, some are lost, and some are changed. This phenomenon is very common when the process of court trial is transferred into its written judgment. The meaning of the courtroom discourse is multi-dimensional. In the process of forming the judgment, the meaning in courtroom discourse will be changed or lost to varying degrees due to the recontextualisation of the trials and the monomodality of the written judgment. From the perspective of social semiotics, along with the genre theory in systemic functional linguistics and the approach of multimodal discourse analysis, this paper analyses the effects of context, recontextualisation, semovergent and sonovergent resources on speech acts and events. It explores the generation and change of meaning in the transition from courtroom discourse to written judgment, as well as the factors that lead to these changes. The analysis shows that the courtroom discourse highlights the ideational meaning of the participants' reconstruction of case facts, the interpersonal meaning of expressing their attitudes and positions, and the textual meaning of identifying the relevant entities involved in the case, and that the written judgment, by means of retaining, adding or deleting, selectively transforms these three kinds of meaning to realize legal reasoning, persuasion, and judicial fairness and justice.

     

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