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Article . 2025 . Peer-reviewed
License: CC BY
Data sources: Crossref
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SAGE Open
Article . 2025
Data sources: DOAJ
https://doi.org/10.2139/ssrn.4...
Article . 2023 . Peer-reviewed
Data sources: Crossref
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A Comparative Analysis of Moral Discourse in Chinese and American Courtrooms

Authors: Min Yang; Ye Lin;

A Comparative Analysis of Moral Discourse in Chinese and American Courtrooms

Abstract

Moral discourse embodies interpersonal communication, social relations, responsibilities, and obligations and serves as a reasoning and lecturing tool during judicial activities. As moral imperatives are ingrained in the culture that is instilled into individuals, this study develops an analytical model for identity construction in courtroom moral narratives. The study draws eclectically on the Discourse-Historical Approach in Critical Discourse Studies, positioning theory, and proximization theory. It does so by investigating themes, discursive strategies, linguistic realizations, and identity categories in 10 trials, five selected from court sources in China and five from sources in the United States. Through exploring and interpreting historical and cultural backgrounds, participant identity construction was analyzed and differences between the two countries, with their different legal cultures, were illustrated. Contrasting the moral discourse differences in Chinese and American courtrooms, this study illuminates the complementary use of moral discourse in both courtrooms.

Related Organizations
Keywords

H, AZ20-999, Social Sciences, History of scholarship and learning. The humanities

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold