Move Analysis of Legal Justifications in Constitutional Tribunal Judgments in Poland: What They Share and What They Do Not

International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (3):581-600 (2020)
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Abstract

It appears that we know surprisingly little about how judges frame linguistically the rationale behind their decisions and how such texts are structured. Using the concept of rhetorical moves, this paper adopts a genre-based approach to examine the rhetorical structure of legal justifications provided in the decisions of the Polish Constitutional Court. The goal of the study is to verify the claim that the way justifications are drafted is becoming more and more uniform and conventional. The results show that there is a common core of rhetorical structure realized by means of recurrent functional segments of text. This paper proposes a prototypical move structure of a Constitutional Tribunal justification and it argues that that the way justifications are drafted are subject to very concrete, even if not explicitly stated constraints.

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Pragmatics of Discourse.[author unknown] - 2014

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