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| Author: | Scheffer, T. |
| Title: | On procedural discoursivation - or how local utterances are turned into binding facts |
| Journal: | Language & Communication
2007 : JAN, VOL. 27:1, p. 1-27 |
| Index terms: | languages linguistics |
| Freeterms: | discourse |
| Language: | eng |
| Abstract: | This paper deals with a fundamental mechanism here referred to as "discoursivation" meaning the transformation of local utterances into available and binding discursive facts. Discoursivation, it is claimed, lies at the heart of (legal) discourse formation since it provides the basic material for all the operations to follow such as defining, assessing, and deciding. The basic mechanism is explored in light of two models: Luhmann's "procedural past" and Foucault's "field of presence". Do these models grasp the mechanism of discoursivation. Three criminal cases provide the empirical reference for the conceptual endeavour. |
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