Cammiss, Steven and Manchester, Colin (2012) "It is not my intention to be a killjoy..." : objecting to a licence application : the complainers. International Journal for the Semiotics of Law, Vol.25 (No.3). pp. 369-392. doi:10.1007/s11196-011-9234-9 ISSN 0952-8059.

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Abstract

This paper explores the constructed nature of legal complaints through the adoption of a socio-linguistic model with an emphasis upon pragmatics and elements of conversation analysis. When making a legal complaint, we posit that there is a conflict between effective communication and the uptake of politeness strategies. Furthermore, how complaints are ‘worked up’ in situ is a product of the arena in which such complaints are made. Through a textual analysis of the methods of complaining adopted by those who make representations to the licensing authority, for the purposes of objecting to a licence application, we show the tension between making oneself clear and being polite, and how complaints in different settings take different forms. We conclude by exploring the implications of our findings for legal processes—is it reasonable, for instance, to talk of ‘consistency’ in testimony if each complaint is worked up in situ—and for pragmatic theory more generally, i.e the applicability of Brown and Levinson’s politeness model for legal processes.

Item Type:	Journal Article
Subjects:	G Geography. Anthropology. Recreation > GV Recreation Leisure K Law [LC] > KD England and Wales
Divisions:	Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH):	Complaints (Civil procedure) -- Great Britain, Bars (Drinking establishments) -- Licenses -- Public opinion, Bars (Drinking establishments) -- Law and legislation, Great Britain. Licensing Act 2003
Journal or Publication Title:	International Journal for the Semiotics of Law
Publisher:	Springer Netherlands
ISSN:	0952-8059
Official Date:	September 2012
Dates:	Date Event September 2012 Published
Volume:	Vol.25
Number:	No.3
Page Range:	pp. 369-392
DOI:	10.1007/s11196-011-9234-9
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
Date of first compliant deposit:	18 December 2015
Date of first compliant Open Access:	18 December 2015

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