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A COMPARATIVE STUDY OF CHINESE And American Sentencing Discourse published

来源: 责编:liaomz 作者:佚名 时间:2011-05-30 浏览:

"A Comparative Study of Chinese and American Sentencing Discourse" has been published in ESP Across Cultures 7, 2010

This paper is part of the author’s Fulbright-funded project “A Comparative Study of Chinese and American Criminal Courtroom Discourses” (Brooklyn Law School, New York 2006-2007). It was subsequently presented in the Law School of University of San Diego, Loyola Law School of Los Angles, Brooklyn Law School, New York (May 13, 16 and 21, 2007), and at the 8th International Conference on Forensic Linguistics, University of Washington, Seattle, July 2007.

Abstract
This paper presents a detailed comparison between Chinese and American criminal courtroom sentencing discourses, highlighting the differences. It is found that there are three major differences. Firstly, in terms of structure, American sentencing is monolithic while the Chinese structure is dualistic; secondly, in terms of content the American judge concentrates on legal reasoning throughout while the Chinese judge makes a point of following the legal sentencing with some passionate moralizing; thirdly, American sentencing is delivered as a dialogue or a conversation while Chinese sentencing is a formal monologue. Explanations based on differences between the legal systems and the larger cultures will be offered.

Acknowledgements
I would like to thank the following people and organizations for their help with this paper: Professor Lawrence M. Solan, Associate Dean of Brooklyn Law School, who read the paper and gave me his invaluable suggestions and whose kindness and help during my visit in Brooklyn Law School as a Fulbright scholar (2006-2007) greatly facilitated my work on this paper; Professor Peter Tiersma of
Loyola Law School of Los Angeles and Professor and Dean Kevin Cole of the Law School of University of San Diego, who invited me to present this paper in their distinguished law schools so that I had a chance to listen to their and their colleagues’ insightful comments; Professor George Conk of the Law School of Fordham University, who helped me with collection of the American data; Professor Marianne Macdonald of University of California at San Diego, whose sponsorship of my talk in the Law School of University of San Diego and hospitality contributed greatly to the success of my academic trip to USD; Mr. Edward Starkey, director of the library of USD, and Professor Sun Yi, who helped promote my talk in USD; and, last but not least, the Fulbright Foundation, whose grant made thisproject possible at all.