Forensic Linguistics - A Study in The Light of The Theory of Speech Acts

(The Courthouse in Basrah as a Model)

Abstract

The research includes two strands, the first of which is theoretical that delves into forensic linguistics in terms of its definition, emergence and importance. Then, the theory of speech acts, its definition, emergence and procedure are also discussed. Secondly, the study accounts for the applied procedure of the theory of speech acts on the language of forensic discourse. The scope of the research included three courts affiliated to the courthouse in Basra – Iraq  Court of Assizes, Court of misdemeanours, and Court of Cassation).

The sample of the research – is forty-five cases distributed among these courts.  The research methodology began with a process of investigation and survey of the speech acts pronounced by the parties of the cases: (the judge, the plaintiff, the defendant, the lawyers, the prosecutor and the witnesses). There follows a classification of these acts subjecting them to Austin’s classification as well as Searle’s classification. This is to find out their conformity with these two classifications. The speech acts were also divided into: direct and indirect according to Austin and Searle too. This study shows the success of the congruence, especially with Austin’s classification and division. It also shows the extent of the locutionary, illocutionary and the pre-locutionary power that the forensic discourse has, particularly the language of the judge. In addition, it reveals the structure of the speech act that prevailed the language of litigation and lawsuits under investigation.