法庭话语中指示语的先用和反先用现象研究

Chapter 1 Introduction

1.1 Rationale of the Study
As an interdisciplinary subject, studies of legal language from the perspective oflinguistics have attracted increasing attention from the scholars in this century. Deixisis one significant branch of pragmatics. Since the 19th century, deixis has beenresearched by linguists and philosophers for many years. Some unconventional usageof deictic expressions in general communication has been studies by scholars, but inthe field of legal language, it is rarely seen in academic publications.Pre-emptive usage of deictic expressions and anti-pre-emptive usage of deicticexpressions are first mentioned by Levinson and the Chinese scholar Zhang Quanrespectively. Although their fellows analyze pre-emptiveness andanti-pre-emptiveness profoundly in order to complete the theories, most of them didnot notice how the pragmatic functions of the two phenomena change if theconversation happens in courtroom discourse.In courtroom discourse, the identities and social titles of participants are differentfrom what they used in daily communication. They are no longer simply the parentsof kids or gentle neighbors who say “good morning” to passer-by every day. Theymight play the roles as judges, defendants, plaintiffs, witnesses and lawyers in court.Because the identities of them are different, the aims of their utterances changesimultaneously. The achievement of the aim of conversation is attached to theexpressions, and the language people use. According to the theory of accessibility,pre-emptiveness can be regarded as a psychological tendency in communication;similarly, anti-pre-emptiveness is a linguistic phenomenon concerned with mentalprocess as well. The purposes that people want to achieve in communication aremental processes of thought in brain.
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1.2 Purposes of the Study
According to Levinson S. C, deixis can be divided into five categories. They areperson deixis, time deixis, place deixis, discourse deixis and social deixis. In thisthesis, the phenomena of pre-emptiveness and anti-pre-emptiveness in courtroomdiscourse are discussed from five aspects based on Levinson’s classification of deixis.In former studies, scholars analyzed the two phenomena in general context, but theyseldom noticed the special pragmatic functions of pre-emptive usage of deicticexpressions and anti-pre-emptive usage of deictic expressions in courtroom discourse.The purposes of this thesis are the following three aspects: (1) to analyze whypre-emptiveness and anti-pre-emptiveness exist in deictic expressions; (2) to find outthe existing forms of pre-emptive usage of deictic expressions and anti-pre-emptiveusage of deictic expressions in courtroom discourse, along with the similarities anddifferences of the two phenomena in courts of common law countries and in Chinesecourts; (3) to discuss what kinds of influences and pragmatic functions thepre-emptiveness and anti-pre-emptiveness of deictic expressions can bring tocourtroom discourse.As one pragmatic study of deictic expressions, all the examples used in thisthesis are authentic language materials. They come from articles, journals, dailyconversation and court transcriptions.
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Chapter 2 Literature Review

2.1 Definition and Classification of Deixis
Deixis is the subject which has been researched as a particular linguisticphenomenon by linguists and philosophers for more than a hundred years since theend of the 19thcentury. This term is derived from an ancient Greek word which means“pointing” at first. In order to give an accurate definition of the item, scholars wroteinnumerable articles, theses and journals through years of researching, and all of thoseopinions are far beyond what I can cover in this part. The one is mentioned byLevinson S.C, and he stated in his book as “the single most obvious way in which therelationship between language and context is reflected in the structures of languagesthemselves, is through the phenomenon of deixis” (Levinson, 1983, p. 3). However,George Yule explained it in a more simple way, “deixis is a technical term for one ofthe most basic things we do with utterances. It means ‘pointing’ via language”(Yule,1996, p. 9). As for the expressions used for attaching reference to certain linguisticforms in an utterance, Yule referred to those linguistic forms as “deictic expressions”or simply “deicitics” in his book in 1996. Virginia LoCastro used another word“indexicals” to describe this linguistic phenomenon, and she also mentioned that thelinguistic forms and context are inseparable. Therefore, when readers or addresseessee or hear the words of deictic expressions, they must find their meanings fromcontexts in order to understand them appropriately.In China, Professor He Ziran analyzed the words which are used as deicticexpressions in most cases, he wrote in the book Introduction to Linguistics Courseand listed demonstrative pronouns, person pronouns, possessive pronouns, somemodal auxiliaries, some tense verbs, time adverbials, adverbials of places, someappellation, and the words used to present social relations between people or objectsin particular context. (He Ziran, 1996) These words are the expressions people usedfor deixis in language. Professor He did not include gestures in deictic expressions inthis book, but in 12 Lectures on Pragmatics published in 2011, he referred to the twouses of deictics: gestural use and symbolic use which are mentioned by Fillmore in1971.
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2.2 Previous Studies on Pre-emptive Usage and Anti-pre-emptive Usage ofDeictic Expressions
Discovery of the phenomenon of pre-emptiveness can date back to Russell in1940s. He explained this as “use ‘the name’ of the speaker to substitute ‘I’ ”, replacing“here” by the exact longitude and latitude of the place where “here” refers to andusing calendric time units to take place of “now”.That is by transforming the sentence“I’m here.” into “At 11:02 p.m. on January 30th, 1948, Bertrand Arthur WilliamRussell is at latitude 53.16’N and longitude 4.03’W.” (He Ziran, Li Jie, 2010, p. 24)Apparently, the latter sentence does not conform to general communication betweenordinary people. Fillmore noticed that if a conversation starts on Monday, it isambiguous to define which day it is if the speaker says “next Thursday”. “Tomorrow”and “the day after tomorrow” would be used to refer to Tuesday and Wednesday byspeaker because of pre-emptive usage of deictic words. But if the conversation startson Thursday, it is clear to define which day the next Thursday would be.(Fillmore,1971).
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Chapter 3 Pre-emptive Usage and Anti-pre-emptive Usage of Person.....14
3.1 Person Deictic Expressions in Courtroom Discourse ...... 14
3.2 Pre-emptive Usage of Person Deictic Expressions.... 14
3.3 Anti-pre-emptive Usage of Person deictic expressions ......... 20
Chapter 4 Pre-emptive Usage and Anti-pre-emptive Usage of Time Deictic .......27
4.1 Place Deictic Expressions in CourtroomDiscourse........ 27
4.2 Deictic Expressions and Place DeicticExpressions.....28
4.2.1 Time Deictic Expressions........ 28
4.2.2 Place Deictic Expressions ....... 30
4.3 Deictic Expressions and Place DeicticExpressions .... 29
4.3.1 Anti-pre-emptive Usage of Time Deictic Expressions...... 29
4.3.2 Anti-pre-emptive Usage of Place Deictic Expressions ..... 31
Chapter 5 Pre-emptive Usage and Anti-pre-emptive Usage of Discourse......34
5.1 Discourse Deictic Expressions and Social Deictic Expressions...... 34
5.2 Pre-emptive and Anti-pre-emptive Usage of Discourse Deictic... 35

Chapter 5 Pre-emptive Usage and Anti-pre-emptive Usageof Discourse Deictic Expressions and Social DeicticExpressions in Courtroom Discourse

5.1 Discourse Deictic Expressions and Social Deictic Expressions inCourtroom Discourse
Discourse deictic expressions refer to one part of the discourse in the context byusing deictic expressions in certain utterances. He Zhaoxiong divides discoursedeictic expressions into three categories. First type of discourse deictic expressions isdemonstrative pronouns, and “this” and “that” are two typical pronouns we can find towork as discourse deictic expressions in general. (He Zhaoxiong, 2000, p. 82) Thesecond one is those words and phrases which manifest the semantic relations ofcontexts. Mostly, those words appear in the beginning of the paragraph. The last typeis some adjectives. For example, “previous”, “following” are such kind of words inthis category. It is not hard to find some overlaps between discourse deicticexpressions and time deictic expressions exist in the last type of discourse deicticexpressions, therefore, there are some common ground for the pre-emptive usage andanti-pre-emptive usage between the two classifications of deictic expressions.Generally speaking, social deictic expressions include person pronouns, titles,kinship terms and different forms of names.(Li Kui, Huang Chongzhen, 2010)According to He Ziran, “social deixis encodes information concerning the relativerelationship between participants in linguistic communication.” (He Ziran, 1996, p. 26)It means that social deixis concerns the content of the statement which construct ordetermine the social situation in speech acts. Social deictic expressions refer to thelanguage structure components which encode the social relations among socialidentity, participants of communication, and entities or people of reference.

Conclusion

Deixis is an important subject in pragmatics. Since 19th century, thisphenomenon has been researched by scholars for many years. Among all the studiesmade by both Western scholars and Chinese scholars, Levinson and He Ziran madegreat contribution to this field. In this thesis, the classification of deictic expressions isbased on the division which put just by Levinson. In terms of the pre-emptive usageof deictic expressions, which is one of the two main subjects in this thesis, is firstmentioned by Levinson as well, even though he did not explain this term preciselyand completely. Thereafter, his fellows paid more attention to it and anotherphenomenon, anti-pre-emptive usage of deictic expressions, discovered by Chinesescholar Zhang Quan in1994.In this thesis, the reason why the pre-emptiveness and anti-pre-emptivenessappear is generalized according to the theory of Ariel’s accessibility. Becausepre-emptive usage of deictic expressions and anti-pre-emptive usage of deicticexpressions are often regarded as a tendency of psychology in linguistics, and Ariel’stheory about accessibility analyses the emotional distance between differentreferential markers in the memory system of brains. It is one of the most acceptableexplanations for the appearance of pre-emptiveness and anti-pre-emptiveness.Meanwhile, the special pragmatic functions brought by the pre-emptive deicticexpressions and anti-pre-emptive deictic expressions are impacted by the theory ofaccessibility as well.
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References (omitted)