Negotiating the value of rule of law through attitudinal positioning

Abstract

This article examines how the value of rule of law is negotiated through public prosecutors’ attitudinal positioning of themselves and defendants in courtroom discourse. A corpus-based analysis of 120 recent Chinese digital indictments revealed that the evaluative stances of public prosecutors toward themselves invariably imply positive judgment of capacity and legal propriety in their legal investigation, thus constructing a stable and authoritative image of law enforcers. Their attitudes toward defendants are mainly negative judgments of both moral and legal propriety through various criminal actions, creating a predominantly evil image of law violators with different personae. It is through these sharply different patterns of discourse representation that public prosecutors tactically construct and negotiate attitudes toward crime and justice, thus establishing mainstream judicial values during legal proceedings. This study may shed new light on the research of legal argumentation for negotiating judicial values under the civil law system in this digital era.