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An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law

Received: 9 October 2024     Accepted: 12 November 2024     Published: 7 December 2024
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Abstract

In legal settings, such as courts of law, the observance of the Cooperative Principle (CP) is particularly crucial. Maxim observance, according to the cooperative principle developed by philosopher H. P. Grice, is a concept in the field of pragmatics and linguistics that explains how people engage in effective communication by following certain conversational norms and expectations. Paul Grice proposed the cooperative principle, which is divided into four maxims (manner, quantity, quality and relation), as a framework for understanding how people convey meaning in conversation. Hence, using the Gricean cooperative principle, this paper seeks to examine the observance of the Cooperative Principle maxims in Selected Kenyan Courts of Law. This study used a total of 12 cases collected during the examinations and cross examinations phases of the selected courtroom trials. Data was analyzed from the 12 purposively sampled cases to show the instances of occurrence of the observance of the CP maxim. The study discovered that there was adherence to the CP maxims. The maxim of manner was observed the most, followed by the maxim of quantity, quality then relation during courtroom interactions, particularly in the examination and cross-examination phases thus the principles of fairness, justice, and professionalism were upheld.

Published in International Journal of Language and Linguistics (Volume 12, Issue 6)
DOI 10.11648/j.ijll.20241206.13
Page(s) 218-230
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Cooperative Principle, Courtroom Discourse, Kenyan Courts, Maxims, Observance

References
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[7] Grice, H. P. 1989 [1975]. Logic and conversation. In Studies in the Way of Words, 22–40. Cambridge, MA: Harvard University Press. Reprinted from Syntax and Semantics. Vol. III: Speech acts, Peter Cole and Jerry Morgan (eds.), 41–58. New York: Academic Press.
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[9] Howard, H. A. (2018). Deception, trust, and credibility: a Gricean exploration. The University of Alabama.
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[11] Kazemi, F. & Ebrahimi, A. (2016). The study of Grice principle application in commercialadvertisements of Hamshahri and Jame Jam newspapers. International Journal onStudies in English Language and Literature. (IJSELL) 4(9), September 3134 (online) Retrieved 29/3/17.
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[14] Lööf, J. (2018). Gricean Maxims in the TV Series the Office: An analysis of the character Dwight regarding failure to observe the Gricean Maxims. (Second term paper). University of Karlstad.
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  • APA Style

    Omwancha, J. K., Odhiambo, K., Ombati, J. (2024). An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law. International Journal of Language and Linguistics, 12(6), 218-230. https://doi.org/10.11648/j.ijll.20241206.13

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    ACS Style

    Omwancha, J. K.; Odhiambo, K.; Ombati, J. An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law. Int. J. Lang. Linguist. 2024, 12(6), 218-230. doi: 10.11648/j.ijll.20241206.13

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    AMA Style

    Omwancha JK, Odhiambo K, Ombati J. An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law. Int J Lang Linguist. 2024;12(6):218-230. doi: 10.11648/j.ijll.20241206.13

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  • @article{10.11648/j.ijll.20241206.13,
      author = {Janet Kemunto Omwancha and Kenneth Odhiambo and Jane Ombati},
      title = {An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law
    },
      journal = {International Journal of Language and Linguistics},
      volume = {12},
      number = {6},
      pages = {218-230},
      doi = {10.11648/j.ijll.20241206.13},
      url = {https://doi.org/10.11648/j.ijll.20241206.13},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijll.20241206.13},
      abstract = {In legal settings, such as courts of law, the observance of the Cooperative Principle (CP) is particularly crucial. Maxim observance, according to the cooperative principle developed by philosopher H. P. Grice, is a concept in the field of pragmatics and linguistics that explains how people engage in effective communication by following certain conversational norms and expectations. Paul Grice proposed the cooperative principle, which is divided into four maxims (manner, quantity, quality and relation), as a framework for understanding how people convey meaning in conversation. Hence, using the Gricean cooperative principle, this paper seeks to examine the observance of the Cooperative Principle maxims in Selected Kenyan Courts of Law. This study used a total of 12 cases collected during the examinations and cross examinations phases of the selected courtroom trials. Data was analyzed from the 12 purposively sampled cases to show the instances of occurrence of the observance of the CP maxim. The study discovered that there was adherence to the CP maxims. The maxim of manner was observed the most, followed by the maxim of quantity, quality then relation during courtroom interactions, particularly in the examination and cross-examination phases thus the principles of fairness, justice, and professionalism were upheld.
    },
     year = {2024}
    }
    

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    AB  - In legal settings, such as courts of law, the observance of the Cooperative Principle (CP) is particularly crucial. Maxim observance, according to the cooperative principle developed by philosopher H. P. Grice, is a concept in the field of pragmatics and linguistics that explains how people engage in effective communication by following certain conversational norms and expectations. Paul Grice proposed the cooperative principle, which is divided into four maxims (manner, quantity, quality and relation), as a framework for understanding how people convey meaning in conversation. Hence, using the Gricean cooperative principle, this paper seeks to examine the observance of the Cooperative Principle maxims in Selected Kenyan Courts of Law. This study used a total of 12 cases collected during the examinations and cross examinations phases of the selected courtroom trials. Data was analyzed from the 12 purposively sampled cases to show the instances of occurrence of the observance of the CP maxim. The study discovered that there was adherence to the CP maxims. The maxim of manner was observed the most, followed by the maxim of quantity, quality then relation during courtroom interactions, particularly in the examination and cross-examination phases thus the principles of fairness, justice, and professionalism were upheld.
    
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