Publications
Publication details [#67363]
Kryk-Kastovsky, Barbara. 2018. Implicatures in Early Modern English courtroom records . In Kryk-Kastovsky, Barbara and Dennis Kurzon, eds. Legal Pragmatics. (Pragmatics & Beyond New Series 288). John Benjamins. pp. 65–80.
Publication type
Article in book
Publication language
English
Keywords
Annotation
This paper studies the role of conversational implicatures in the 17th century
courtroom discourse. My hypothesis is that the use of the literal vs. non-literal
language runs along the distinction between the powerless interrogated (the
defendant, the witnesses) and the powerful interrogators (the judge, the counsel).
While the interrogated had to resort to literal language in order to observe
one of the rules of the Miranda warning (“Anything you say can be used against
you”), the interrogators often employed different kinds of non-literal language
for rhetorical purposes. Thus, the implicatures derivable from their discourse
were instances of irony and even figures of speech, like metonymy or metaphor,
which is illustrated by excerpts from three Early Modern English courtroom records.
The trials of two representatives of the English nobility, The Trial of Titus
Oates and The Trial of Lady Alice Lisle (both dated 1685) are contrasted with a
unique case of the trial of a monarch, The Trial of King Charles (1649). The analysis
reveals that while my hypothesis is corroborated by the data from the former
trials, in the trial of a monarch some additional socio-historical variables have to
be considered.