ADISCOURSEANALYSISOFTHESPEECHACTSANDCOOPERATIVE PRINCIPLES IN COURTROOMINTERACTIONSINSELECTED SUBORDINATECOURTSOFLAWINKENYA

Abstract

This study undertook a Discourse Analysis of the Speech Acts and Cooperative Principles in courtroom interactions in selected Kenyan courts of law. Discourse analysis analyzes the use of spoken or written language in a social context, courtroom setting being one of the contexts. The study of discourse is entirely context-dependent because conversation involves situational knowledge beyond just the words spoken. Often times, meaning cannot be extrapolated from an exchange merely from its verbal utterances because there are many semantic factors involved in authentic communication. The dearth of research addressing the use of speech acts and cooperative principles by legal practitioners, judges, and litigants during court proceedings inhibits a comprehensive understanding of legal discourse in Kenyan courts. Since this study was dependent on courtroom discourse, it was expected that there be peculiarities in the way the participants used their language and the acts performed by their language. This study investigated the types of speech acts, as classified by Searle in Levinson (1983) and speech act strategies enacted by courtroom discourse participants and their purpose during courtroom proceedings in selected subordinate courts in Kenya. Further, the study examined, by use of tables the most common CP maxim that is observed by courtroom discourse participants. In addition, it explored the discourse participant’s non-observance of Paul Grice’s Cooperative Principle maxims by violating and flouting during subordinate Kenyan courtroom interactions. Discourse Analysis (DA) is the theory that informed this study. Concepts from the Speech Acts Theory, the Searl in Levinson (1983) model and the Cooperative Principle model by Paul Grice were also used. The study adopted a descriptive research design. The study purposefully sampled three chief magistrate courts. The sample consisted twelve cases audio recorded and observations written on a notebook. To allow for analysis, the audio recordings were be transcribed and the various language features coded using Nvivo 14 computer software. The findings revealed the existence of five major types of Speech Acts with 12 subcategories of the SA. The study also identified the four CP maxims and found out that the maxim of manner has the most instances of maxim observation. Four major CP maxims and 2 ways of non-observance were analyzed. The study revealed that there is a relationship between the SA and the CP maxims is Subordinate Kenyan Courts of Law Proceedings. Theoretically, this study has confirmed, and expanded the basis of Speech Acts, observance, and non-observance of the CP in the academic terrain of correlating language, law, crimes / offences, and trials. The research has made significant contributions to both the field of linguistics and the legal system in Kenya, with broader implications for legal discourse and practice globally. Students studying in higher levels, especially the English majors and English for specific purposes students now have an ample amount of knowledge about the types and usage of speech acts and observance, non observance of the CP maxims in legal oral discourse from subordinate Kenyan courts of law.