庭审语境中诱导性询问的语用预设分析

An Analysis of the Pragmatic Presupposition of Leading Questions in Courtroom Context

所谓诱导性询问,依布莱克法律字典定义,系指示证人如何回答或将问题的答案嵌入问话的询问方式。这意味着对于进行诱导性询问的律师而言,策略运用是获取理想证词的有效手段。另一方面,语用预设具有单向性、主观性和隐蔽性三大特性,常被律师作为在法庭询问证人或被告时的一种语言策略。因此从语用学视角来看,诱导性询问时,律师把自己主观的、单方面作出的对案件有利的陈述以隐蔽的形式放在询问中,从而对证人或被告的证言加以导向的策略,其实就是对语用预设的把握。本研究对轰动全世界的O.J.Simpson杀妻案中的诱导性询问进行语用预设分析,旨在揭示不同种类的诱导性询问如何通过不同种类的语用语设触发语得到实现。

According to Black＇s Law Dictionary, leading question refers to the method of questioning which gives some indication to the witness＇s answer or embeds the potential answer into the question. This means that the questioning prosecutor or attorney＇s adoption of a specific strategy is an effective way of figuring out perfect testimony. On the other hand, being characteristic of unidirectionality, subjectivity and implicitness, pragmatic presupposition is typically employed as a verbal strategy by attorneys or prosecutors in questioning witnesses or defendants in courtroom. In this sense, from the perspective ofpragmatics, it is in.reality the examination on pragmatic presupposition to explore prosecutors or attorneys＇ strategy whereby they implicitly embed into their questions their unidirectionally and subjectively made positive statements conducive to their winning of the case so as to direct testimony-making on the part of witnesses or defendants. The present study is concerned with the pragmatic presupposition of the leading questions in the worldwide known O.J. Simpson Murdery Trial, with an attempt to unveil how different classes of leading questions come into realization by different types of pragmatic presupposition triggers.