Linguistic Choices and Argumentative Effects: An Experimental Investigation of Presentational Means in the ‘Van Gelder’ Court Case

Abstract

This study assesses whether the linguistic choices that Van Haaften and Van Leeuwen identified in the so-called ‘Van Gelder’ court case (as reported in a.o. Journal of Argumentation in Context 10(1), 97-120, 2021) have empirically demonstrable argumentative effects. This case revolves around proceedings that Yuri van Gelder brought against the Dutch Olympic committee, given his removal from the Olympic gymnastics final due to misbehaviour. Van Haaften and Van Leeuwen’s analysis demonstrates that the lawyers used a variety of linguistic choices in their pleas that are argumentatively instrumental for defending their position: Van Gelder’s lawyer uses a series of linguistic choices that serve to minimise the reprehensibility of Van Gelder’s behaviour and paint him as a victim, while the Dutch Olympic committee lawyer’s linguistic choices maximise the reprehensibility of the behaviour and frame Van Gelder as solely responsible for his situation.

209 participants read either an original or a manipulated fragment of one of the pleas and evaluated the reprehensibility of Van Gelder’s behaviour, his responsibility for the situation and their agreement with the judge’s decision (which favoured the Dutch Olympic committee). Results suggest that whether participants had read the original or the manipulated plea did not affect their evaluations. The content of the pleas did matter, however, as participants who read the plea by the Dutch Olympic committee lawyer were more negative about Van Gelder than those who had read Van Gelder’s lawyer’s plea. While the topical selection choices thus do seem to affect readers’ evaluations, our linguistic manipulations of the argumentative moves may have been too subtle to make a difference.