Questions And Answers In The English Courtroom, (1640-1760): A Sociopragmatic Analysis (Pragmatics and Beyond New Series)

This book belongs to the rapidly growing field of historical pragmatics. More specifically, it aims to lend definition to the area of historical sociopragmatics. It seeks to enhance our understanding of the language of the historical courtroom by documenting changes to the discursive roles of the most active participant groups of the English courtroom (e.g. the judges, lawyers, witnesses and defendants) in the period 1640–1760. Although the primary focus is on questions and answers, this book also analyses the use of eliciting and non-eliciting devices (e.g. requests and commands) as a means of demonstrating similarities and differences over time. Particular strengths of this work include the study of different types of trial, making the results potentially more representative of the courtroom in general, and the innovative discourse analytic approach, which blends corpus methodology and sociopragmatic analysis, thereby enabling the quantitative analysis of functional phenomena. P&BNS 135 Questions and Answers in the English Courtroom (1640–1760) 2 Editorial page 3 Title page 4 LCC Data 5 Table of contents 6 Preface 10 List of tables and figures 12 1. Investigating the English historical courtroom 16 1.1 A brief outline of the book’s focus and the approach taken 16 1.2 Pragmatics, historical pragmatics and sociopragmatics: Some definitions 19 1.3 The data and methodological problems facing historical pragmaticians 25 1.4 Availability of historical courtroom data 27 1.5 Primary objectives of this study 31 1.6 How I intend to proceed 34 2. The characteristics of questions and answers 38 2.1 Defining questions and answers 38 2.2 What constitutes a ‘question’? 38 2.3 What constitutes an ‘answer’? 68 2.4 Questions and answers in an historical context 75 2.5 Insights gained 85 3. Questioning procedures in courtrooms 88 3.1 Courtroom talk as ‘activity type’ 88 3.2 The courtroom today 89 3.3 Questioning strategies in the courtroom 91 3.4 The EarlyModern English courtroom 100 3.5 Review of the linguistic literature relating to historical courtroom discourse 110 3.6 Insights gained 118 4. A systematic approach to context identification and analysis 120 4.1 Rationale behind methodology 120 4.2 Description of the sociopragmatic corpus (SPC) 122 4.3 The sociopragmatic annotation scheme 122 4.4 Annotation scheme for questions and answers 135 4.5 Some final comments 146 5. Questions in the historical courtroom (1640-1760) 150 5.1 A sociopragmatic account of courtroom questions 150 5.2 The form of questions in the SPC 151 5.3 Indirect interrogatives 161 5.4 Questions as a means of control 165 5.5 Questions as part of a questioning sequence 171 5.6 Examinations-in-chief and cross-examinations 173 5.7 A sociopragmatic approach to questions: Investigating user as well as use 177 6. Interactional intent of participants’ utterances 180 6.1 Investigating questions from the perspective of the user 180 6.2 Participant roles evidenced in the SPC 181 6.3 The five main questioners in the EmodE courtroom (1640–1760): The courts, the prosecution counsels, the judges, the defence counsels and the defendants 187 6.4 Insights gained 188 7. Judicial examiners’ questioning strategies 190 7.1 Examiners’ questions – a manifestation of power? 190 7.2 The judge 191 7.3 The Court and the recorder 193 7.4 The judges’ interaction with witnesses (1640–1760) 195 7.5 Jeffreys’ interaction with witnesses 200 7.6 The Courts’ interaction with witnesses (1720–1760) 204 7.7 The judges’ interaction with defendants (1640–1760) 207 7.8 Insights gained 212 8. Lawyers’ questioning strategies (1640–1760) 214 8.1 The emergence of counsel as major players? 214 8.2 Strategies of the prosecution counsels 215 8.3 Strategies of the defence counsels (1680–1760) 218 8.4 The prosecution counsels’ interaction with witnesses (1640–1760) 220 8.5 The defence counsels’ interaction with the witnesses 228 8.6 Questioning the questioners 233 8.7 Insights gained 235 9. Defendants’ strategies (1640–1760) 238 9.1 The multiple discourse goals of defendants 238 9.2 The defendants’ strategies 239 9.3 Eliciting devices utilised by defendants when interacting with judges and witnesses 244 9.4 The defendants’ use of questions with witnesses and judges 245 9.5 Defendants’ ‘answering’ strategies 255 9.6 Insights gained 258 10. Witnesses’ ‘answering’ strategies (1640-1760) 260 10.1 The witnesses’ role as ‘answerer’ 260 10.2 The strategies of the witnesses 260 10.3 Witnesses’ interaction with the judges (1640–1719) 262 10.4 Witnesses’ interaction with the lawyers (1680–1719) 268 10.5 The witnesses’ interaction with the Court and defendants (1720-1760) 277 10.6 Insights gained 281 11. Courtroom interaction in the historical period 282 11.1 Participants’ use of ‘requests’, ‘requires’ and ‘counsels’ 282 11.2 The judges’ interaction with defendants (1640–1679) 283 11.3 The judges’ use of ‘requires’ 285 11.4 The defendants’ use of ‘requests’ 288 11.5 The prosecution counsels’ use of ‘requests’ 291 11.6 The defendants’ use of ‘requires’ and ‘counsels’ 292 11.7 Insights gained 294 12. Concluding comments 296 12.1 Approach adopted in this work 296 12.2 1640–1760: A period of emerging and changing roles 297 12.3 The efficacy of using contemporary approaches to examine historical data 300 12.4 Questions: Not just the preserve of the primary examiners 301 12.5 The need to go beyond a study of questions and answers 302 12.6 Implications for questions generally 303 12.7 Implications for answers 304 12.8 A corpus-based approach to pragmatic phenomena: How successful? 305 12.9 Plans to expand the trial texts in the Sociopragmatic Corpus 306 Notes 310 Appendix 1 324 Biographical details for participants 342 Appendix 2 354 Bibliography 362 Author index 380 Subject index 382 the Pragmatics & Beyond New Series 388 This Book Belongs To The Rapidly Growing Field Of Historical Pragmatics. More Specifically, It Aims To Lend Definition To The Area Of Historical Sociopragmatics. It Seeks To Enhance Our Understanding Of The Language Of The Historical Courtroom By Documenting Changes To The Discursive Roles Of The Most Active Participant Groups Of The English Courtroom (e.g. The Judges, Lawyers, Witnesses And Defendants) In The Period 1640-1760. Although The Primary Focus Is On Questions And Answers, This Book Also Analyses The Use Of Eliciting And Non-eliciting Devices (e.g. Requests And Commands) As A Means Of Demonstrating Similarities And Differences Over Time.--book Jacket. Ch. 1. Investigating The English Historical Courtroom -- Ch. 2. The Characteristics Of Questions And Answers -- Ch. 3. Questioning Procedures In Courtrooms -- Ch. 4. A Systematic Approach To Context Identification And Analysis -- Ch. 5. Questions In The Historical Courtroom (1640-1760) -- Ch. 6. Interactional Intent Of Participants' Utterances -- Ch. 7. Judicial Examiners' Questioning Strategies -- Ch. 8. Lawyers' Questioning Strategies (1640-1760) -- Ch. 9. Defendants' Strategies (1640-1760) -- Ch. 10. Witnesses' 'answering' Strategies (1640-1760) -- Ch. 11. Courtroom Interaction In The Historical Period : More Than 'questions' And 'answers' -- Ch. 12. Concluding Comments. Dawn Archer. Originally Presented As The Author's Thesis. Includes Bibliographical References (p. [347]-364) And Indexes.