司法辩护词的成本构建:基于 Y.S. 基谢廖夫的法庭发言材料

Z. V. Baisheva
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引用次数: 0

摘要

公开演讲的结构是创造令人信服的演说表现的最重要组成部分之一。尽管研究人员一直在关注法庭演讲的构思、结构元素的安排等难题,但这个问题在实际方面仍未得到解决:现代法庭演讲者需要有助于创造有效辩护陈述的建议。本研究的目的是分析苏联著名律师亚-谢-基谢廖夫(Y.S. Kiselev)成功法庭演说的构成,旨在确定材料安排的特点、制约这种或那种处置的因素,并在此基础上确定有助于创作令人信服的演说的各种内容要素安排方案。我们使用构图分析法、修辞分析法、描述法和结构法研究了叶-谢-基谢廖夫的 13 篇有效的司法辩护词。在分析了基谢廖夫使用的开场白类型后,我们确定了使用夸张或出人意料的开场白的高度可行性,以及检察官选择开场白类型的条件性、听众理解辩护词的准备程度和听众对案件情况的态度。通过分析基谢廖夫演讲的主要部分,可以确定他所有辩护词中的微观主题,以及案件情况、控方论据和所选辩护路线对一些微观主题的制约性。结论揭示了所研究的这位知名律师的所有演讲中的结构性要素:明确表达辩护方在案件中的立场、可悲而有教育意义的时刻以及呼吁法庭宽大处理或宣告被告无罪。总的来说,辩护词的结构取决于案件的具体情况、控方的立场、所选择的辩护路线、听众的具体情况以及演讲者的道德品质、博学和沟通技巧。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Costruction of the judicial defense speech: based on the material of court speeches by Y.S. Kiselev
The construction of a public speech is one of the most important components of creating a convincing oratorical performance. Despite the constant interest of researchers in the challenges of constructing a court speech, the arrangement of structural elements, the issue remains unresolved in practical aspect: modern court speakers need recommendations that would contribute to creating effective defense statements. The purpose of this research is to analyze the composition of successful court speeches of the famous Soviet lawyer Y.S. Kiselev, aimed at identifying the features of arrangement of the material, factors that condition this or that disposition, and on this basis to identify various options for the arrangement of content elements contributing to the creation of a convincing speech. Using the method of compositional analysis, as well as rhetorical analysis, descriptive and structural methods, we investigate thirteen effective judicial defense speeches by Y.S. Kiselev. Having analyzed the types of introductions used by him, we have established a high degree of viability of using hyped up or unexpected beginning, as well as conditionality of the choice of the type of introduction by the prosecutor, readiness of the audience to perceive the defense speech, and attitude of the audience to the circumstances of the case. The analysis of the main part of Kiselev’s speeches allows to identify the micro themes presented in all his defense statements, as well as conditionality of a number of micro themes by the circumstances of the case, the arguments of the prosecution, and the chosen line of defense. The conclusion reveals structural elements in all the speeches of the well-known lawyer under study: a clearly expressed position of the defense in the case, a pathetic and educational moment, and an appeal to the court for leniency or acquittal of the defendant. In general, the construction of the defense speech is conditioned by the circumstances of the case, the position of the prosecution, the chosen line of defense, the specifics of the audience, as well as the moral qualities, erudition and communicative skills of the speaker.
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