Examining evaluativity in legal discourse: a comparative corpus-linguistic study of thick concepts

In Stefan Magen & Karolina Prochownik (eds.), Advances in Experimental Philosophy of Law. New York, NY: Bloomsbury Academic. pp. 192-214 (2023)
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Abstract

How evaluative are legal texts? Do legal scholars and jurists speak a more descriptive or perhaps a more evaluative language? In this paper, we present the results of a corpus study in which we examined the use of evaluative language in both the legal domain as well as public discourse. For this purpose, we created two corpora. Our legal professional corpus is based on court opinions from the U.S. Courts of Appeals. We compared this professional corpus to a public corpus, which is based on blog discussions on the internet forum Reddit. While many linguistic phenomena can give insights into evaluativity, we investigated the use of a wide selection of evaluative adjectives (more specifically, thick adjectives) to gain a more comprehensive picture of the degree of evaluativity in the legal domain. Our analysis shows that legal professionals use thick terms less evaluatively than laypeople, which suggests that legal texts are less evaluative than ordinary discussions. This result, more generally, supports the philosophical idea that thick concepts may vary in their evaluative intensity.

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Author Profiles

Pascale Willemsen
University of Zürich
Kevin Reuter
University of Zürich
Lucien Baumgartner
University of Zürich

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Conspiracy theories are not theories: Time to rename conspiracy theories.Kevin Reuter & Lucien Baumgartner - forthcoming - In Manuel Gustavo Isaac, Kevin Scharp & Steffen Koch (eds.), New Perspectives on Conceptual Engineering. Synthese Library.
Normativity and Concepts of Bodily Sensations.Kevin Reuter - forthcoming - Studia Philosophica: Jahrbuch Der Schweizerischen Philosoph Ischen Gesellschaft, Annuaire de la Société Suisse de Philosphie .

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