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Article
Voice and Context in Simulated Everyday Legal Discourse: The Influence of Sex Differences and Social Ties
Law & Society Review
  • Calvin Morrill, Berkeley Law
  • Tyler Harrison
  • Michelle Johnson
Publication Date
1-1-1998
Disciplines
Abstract

Everyday legal discount refers to the spoken language with which ordinary people constitute the law-in-action. In this article, we experimentally investigate the social distribution of rule-and relationally-oriented discourse found by ethnographers in small-claims court settings. We examine the influences of sex differences and social ties between disputants on these types of discourse in a mock small-claims setting using a quantitative content coding scheme. We do not find empirical support for sex differences in the production of simulated everyday legal discourse. The relational context of a dispute (operationalized as the strength of social ties between disputants) has significant effects on the distribution of rule- and relationally-oriented discourse, so that disputants in relationally-close contexts produce more relationally-oriented discourse and those in relationally-distant contexts produce more rule-oriented discourses than those in relationally-close contexts. With these finding, as a backdrop, we discuss (1) the contextual nature of sex differences in everyday legal discourse; (2) discount "switching" and emotional Investment in personal relationships, and (3) applications for our coding scheme to studies of disputing frames.

Citation Information
Voice and Context in Simulated Everyday Legal Discourse: The Influence of Sex Differences and Social Ties, 32 Law & Soc'y Rev. 639 (1998)