Chapter 10 Theoretical and methodological challenges of interdisciplinary legal-linguistic research: Reflections from the GenDJus project
-
Gianluca Pontrandolfo
Abstract
This chapter presents some reflections from the interdisciplinary research project GenDJus by focusing on its theoretical and methodological challenges. More specifically, it aims at discussing the theoretical and methodological pillars upon which the project relies underlying the main challenges of interdisciplinary research in strategic areas of the research project, i.e. the theoretical background, the data collection and the legal-linguistic analysis. In particular, it focusses on specific interdisciplinary ventures stemming from the combination and integration of law and linguistics. The research project, which aims at investigating the role of prejudice, stereotypes and bias in human rights law and discourse about sexual, reproductive and parental rights, lies at the intersection of different disciplines and methodological approaches. The material of the project consists of a case-law collection and a trilingual (Italian, Spanish and English) comparable corpus including judgments and other judicial documents delivered by the European Court of Human Rights, the Inter-American Court of Human Rights, the African Court on Human and People’s Rights, the Court of Justice of 258the European Union, the Italian Supreme Court and Constitutional Court. In terms of methodologies, the project combines the traditional methods of legal analysis and the quality dimension of critical discourse analysis applied to legal and judicial discourse with the quantitative dimension of corpus linguistics applied to gendered discourse.
Abstract
This chapter presents some reflections from the interdisciplinary research project GenDJus by focusing on its theoretical and methodological challenges. More specifically, it aims at discussing the theoretical and methodological pillars upon which the project relies underlying the main challenges of interdisciplinary research in strategic areas of the research project, i.e. the theoretical background, the data collection and the legal-linguistic analysis. In particular, it focusses on specific interdisciplinary ventures stemming from the combination and integration of law and linguistics. The research project, which aims at investigating the role of prejudice, stereotypes and bias in human rights law and discourse about sexual, reproductive and parental rights, lies at the intersection of different disciplines and methodological approaches. The material of the project consists of a case-law collection and a trilingual (Italian, Spanish and English) comparable corpus including judgments and other judicial documents delivered by the European Court of Human Rights, the Inter-American Court of Human Rights, the African Court on Human and People’s Rights, the Court of Justice of 258the European Union, the Italian Supreme Court and Constitutional Court. In terms of methodologies, the project combines the traditional methods of legal analysis and the quality dimension of critical discourse analysis applied to legal and judicial discourse with the quantitative dimension of corpus linguistics applied to gendered discourse.
Chapters in this book
- Frontmatter I
- Contents V
- Introduction 1
-
Section 1: Argument evaluation and evaluation in argument
- Chapter 1 “The analogy … is imperfect”: On criticisms of argumentation by comparison in Supreme Court of Ireland’s judgments on human rights 13
- Chapter 2 Indicators of confrontation in separate judicial opinions. A pragma-dialectical exploratory study 35
- Chapter 3 Using grammar patterns to analyse evaluation in judicial argumentation across English and Polish Eurolects 61
- Chapter 4 Exploring large language models as reformulation assistants for the popularization of judicial texts 93
-
Section 2: Legal interpretation and judicial reasoning
- Chapter 5 Hypotheticals and judicial reasoning in US Supreme Court oral arguments 125
- Chapter 6 Interpretation of time in law. Global meanings and local practises 153
- Chapter 7 Computational methods in empirical studies on legal interpretation: Before transformers and after 175
- Chapter 8 Dialogical reasoning in separate judicial opinions: The path of negation 201
-
Section 3: Human rights in judicial argumentation
- Chapter 9 International judicial discourse and non-derogatory language use: A case study on ECtHR judgments 225
- Chapter 10 Theoretical and methodological challenges of interdisciplinary legal-linguistic research: Reflections from the GenDJus project 257
- Index
Chapters in this book
- Frontmatter I
- Contents V
- Introduction 1
-
Section 1: Argument evaluation and evaluation in argument
- Chapter 1 “The analogy … is imperfect”: On criticisms of argumentation by comparison in Supreme Court of Ireland’s judgments on human rights 13
- Chapter 2 Indicators of confrontation in separate judicial opinions. A pragma-dialectical exploratory study 35
- Chapter 3 Using grammar patterns to analyse evaluation in judicial argumentation across English and Polish Eurolects 61
- Chapter 4 Exploring large language models as reformulation assistants for the popularization of judicial texts 93
-
Section 2: Legal interpretation and judicial reasoning
- Chapter 5 Hypotheticals and judicial reasoning in US Supreme Court oral arguments 125
- Chapter 6 Interpretation of time in law. Global meanings and local practises 153
- Chapter 7 Computational methods in empirical studies on legal interpretation: Before transformers and after 175
- Chapter 8 Dialogical reasoning in separate judicial opinions: The path of negation 201
-
Section 3: Human rights in judicial argumentation
- Chapter 9 International judicial discourse and non-derogatory language use: A case study on ECtHR judgments 225
- Chapter 10 Theoretical and methodological challenges of interdisciplinary legal-linguistic research: Reflections from the GenDJus project 257
- Index
