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"It is not my intention to be a killjoy...": Objecting to a Licence Application-The Complainers

By Steven Cammiss and Colin Manchester

Abstract

This paper explores the constructed nature of legal complaints through the adoption of a socio-linguistic model with an emphasis upon pragmatics and elements of conversation analysis. When making a legal complaint, we posit that there is a conflict between effective communication and the uptake of politeness strategies. Furthermore, how complaints are ‘worked up’ in situ is a product of the arena in which such complaints are made. Through a textual analysis of the methods of complaining adopted by those who make representations to the licensing authority, for the purposes of objecting to a licence application, we show the tension between making oneself clear and being polite, and how complaints in different settings take different forms. We conclude by exploring the implications of our findings for legal processes—is it reasonable, for instance, to talk of ‘consistency’ in testimony if each complaint is worked up in situ—and for pragmatic theory more generally, i.e the applicability of Brown and Levinson’s politeness model for legal processes.Peer-reviewedPost-prin

Topics: Pragmatics, Politeness, Complaining
Publisher: Springer
Year: 2011
DOI identifier: 10.1007/s11196-011-9234-9
OAI identifier: oai:lra.le.ac.uk:2381/10010
Journal:

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Citations

  1. (1984). Agreeing and Disagreeing with Assessments: Some Features of Preferred/Dispreferred Turn Shapes’, in doi
  2. arranging interviews; Gemma Turton for help with transcribing interviews; and the Society of Legal Scholars’ for funding the research through its Academic Purposes Fund.
  3. (1998). Conversational Structure and Facework in Arguing’, doi
  4. (1990). Difference and Domination: How Labor and Management Talk Conflict’,
  5. (1986). Extreme Case Formulations: A Way of Legitimizing Claims’, doi
  6. (2009). Going too far: Complaining, Escalating and Disaffiliation’, doi
  7. (1967). Interaction Ritual, doi
  8. (1975). Login and Conversation’,
  9. (2005). Moaning, Whinging and Laughing: The Subjective Side of Complaints’, doi
  10. (1988). On the Sequential Organisation of Troubles Talk in Ordinary Conversation’, doi
  11. (1978). Politeness: Some Universals in Language Usage, Cambridge: CUP. All page references refer to the 1987 edition.
  12. (1994). Practices of Truth Finding in a Court of Law: The Case of Revised Stories’
  13. (1977). Preference for Self-Correction in the Organisation of Repair in Conversation’, doi
  14. (2008). Real disorder in the court: An investigation of conflict talk in US television courtroom shows’, doi
  15. (1996). Representing Reality: Discourse, Rhetoric and Social Construction, doi
  16. (2002). Scenes of Family Life: Complaining in Everyday Conversation’,
  17. (1993). Social Distance and Speech Behaviour: The Case of Indirect Complaints’, doi
  18. (1988). The Bulge: A Theory of Speech Behaviour and Social Distance’ in Fine,
  19. (1959). The Presentation of Self In Everyday Life, doi
  20. (1995). Women, Men and Politeness, doi

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