Thesis Abstract

Power relations in courtroom language play a crucial role in shaping the dynamics of legal proceedings and influencing the outcomes of cases. This research project aims to explore the intricate ways in which power is manifested and negotiated through language within the courtroom setting. By analyzing the interactions between legal professionals, witnesses, defendants, and judges, this study seeks to uncover the underlying power dynamics that govern communication in the courtroom. The use of language in the courtroom is not merely a means of conveying information but a tool for asserting authority, challenging credibility, and shaping narratives. Legal professionals, such as lawyers and judges, often wield linguistic power through their expertise in legal terminology, rhetorical strategies, and persuasive techniques. Their ability to manipulate language can influence the perceptions of jurors, sway opinions, and ultimately determine the outcome of a case. Furthermore, power differentials are evident in the ways in which courtroom participants are addressed and spoken to. Judges, as the ultimate authority figures in the courtroom, have the power to control the flow of communication, maintain order, and make decisions that can significantly impact the lives of those involved in the legal process. The language used by judges to address lawyers, witnesses, and defendants can reflect their hierarchical position and reinforce their authority. Witnesses and defendants, on the other hand, often find themselves in a position of linguistic vulnerability, as they may not be familiar with legal jargon or courtroom procedures. Their ability to effectively communicate their side of the story may be hindered by power imbalances and asymmetrical language use. Additionally, the cross-examination process, in which lawyers interrogate witnesses, can be a site of power struggle, as attorneys attempt to undermine credibility, challenge testimonies, and shape the narrative in favor of their clients. By examining the power dynamics inherent in courtroom language, this research project sheds light on the ways in which language can be used as a tool for manipulation, control, and persuasion in legal settings. Understanding these power relations is essential for ensuring a fair and equitable legal process that upholds the principles of justice and protects the rights of all individuals involved in legal proceedings.

Thesis Overview

1.0    INTRODUCTION

This project is on the power relation in courtroom language. Chapter one covers the general overview of the subject matter. It comprises the background to study, statement of research problems, aim and objective of the study, purpose of the study, significance of the study and scope and limitations.

1.1 Background of the Study

Language has been identified as the “primary medium of social control and power” Fairclough (1989) most notable in legal settings where language is used in away to facilitate control through the exercise of power. A person that wields power or influence anyone does it by the potency of language.

Language is central to human existence because human language is distinct and remarkable .The uniqueness of language which is ability to communicate is what Hickerson(1980)says makes possible most of the other behavior which we think of as uniquely human.

There have been many speculations as to the origin of language. There are three (3) sources that point to the origin of language. According to Yule (2003) they are; the divine sources, the natural source and the oral source.

The divine source is of the view that language came when Adam in the Bible was given the authority to name all living things. The theory also posits that there is a divine source that provides human beings with language. Few experiments have been carried out in an attempt to prove this with conflicting results. A quite different view on the beginning of human speech is based on the concept of the natural source. Scholars who hold this view are of the opinion that language came as a result of the imitation of the sounds around human. Sounds referred to the object associated with them. The oral gesture theory is yet another. It involves a link between physical gesture and orally produced sounds. It claims that originally, a set of physical gestures was developed as a means of communication.