Using storytelling in culturally situated ways to persuade
This study examines how storytelling is manipulated in culturally meaningful ways for persuasive purposes by describing patterns of storytelling in Chinese criminal courts and analyzing ways in which the court manipulated the form and content of storytelling in order to accomplish multiple persuasive goals — to convince defendants of their guilt, to create an image of justice, and to educate the public about legal and moral conduct.
References (29)
Bennett, W.L. (1978). Storytelling in criminal trials: A model of social judgment. Quarterly Journal of Speech, 64(1), 1–22.
Bennett, W.L., & Feldman, M.S. (1981). Reconstructing reality in the courtroom: Justice and judgment in American culture. New Brunswick, NJ: Rutgers University Press.
Brown, R.C. (1997). Understanding Chinese courts and legal process: Law with Chinese characteristics. Boston, MA: Kluwer Law International.
Chang, K.A. (1996). Culture, power and the social construction of morality: Moral voices of Chinese students. Journal of Moral Education, 25(2), 141–157.
Clark, D.C. (1996). Power and politics in the Chinese court system: The enforcement of civil judgment. Columbia Journal of Asian Law, 101, 1–92.
Conley, J.M., & O’Barr, W.M. (1990). Rules versus relationships: The ethnography of legal discourses. Chicago, IL: The University of Chicago Press.
Fisher, W.R. (1984). Narration as a human communication paradigm: The case of public moral argument. Communication Monographs, 511, 1–22.
Gao, G., Kao, K., & Ting-Toomey, S. (1998). Communicating effectively with the Chinese. Thousand Oaks, CA: Sage.
Gass, R.H., & Seiter, J.S. (2013). Persuasion, social influence, and compliance gaining (5th. ed). New York, NY: Routledge.
Halliday, M.A.K. (1994). An introduction to functional grammar. London, England: Arnold.
Heath, C., Bell, C., & Sternberg, E. (2001). Emotional selection in memes: The case of urban legends. Journal of Personality and Social Psychology, 811, 1028–1041.
Hu, H.C. (1944). The Chinese concepts of “face”. American Anthropology, 461, 45–64.
Jackson, B.S. (1991). Narrative models in legal proof. In D.R. Papke (Ed.), Narrative and the legal discourse: A reader in storytelling and the law (pp. 158–178). Liverpool, England: Deborah Charles Publications.
Maynard, D. (1991). Narratives and narrative structure in plea bargaining. In D.R. Papke (Ed.), Narrative and the legal discourse: A reader in storytelling and the law (pp. 102–131). Liverpool, England: Deborah Charles Publications.
Mazzocco, P.M., & Green, M.C. (2011). Narrative persuasion in legal settings: What’s the story? The Jury Expert: The Art and Science of Litigation Advocacy, 23(3), 27–38. Downloaded on March 3, 2015 from [URL]
Mei-Ching, R. (2000). The influence of Confucianism on Chinese conceptions of power, authority, and the rule of law. In D.R. Heisey (Ed.), Chinese perspectives in rhetoric and communication (pp. 45–55). Stanford, CN: Ablex Publishing Corporation.
Miller, P., Fung, H., & Mintz, J. (1996). Self-Construction through narrative practices: A Chinese and American comparison of early socialization. Ethos, 24(2), 237–280.
Miller, P., Wiley, A., Fung, H., & Liang, C. (1997). Personal storytelling as a medium of socialization in Chinese and American families. Child Development, 68(3), 557–568.
O’Barr, W., & Conley, J. (1991). Litigant satisfaction versus legal adequacy in small claims court narratives. In D.R. Papke (Ed.), Narrative and the legal discourse: A reader in storytelling and the law (pp. 65–89). Liverpool, England: Deborah Charles Publications.
Reed, G.G. (1995). Moral/political education in the People’s Republic of China: Learning through role models. Journal of Moral Education, 24(2), 99–112.
Sacks, H., Schegloff, E., & Jefferson, G. (1974). A simplest systematics for the organization of turn-taking for conversation. Language, 501, 693–735.
Schegloff, E.A. (1990). On the organization of sequences as a source of “coherence” in talk-in-interaction. In B. Dorval (Ed.), Conversational organization and its development (pp. 51–77). Norwood, NJ: Ablex Publishing Corporation.
Seay, P.A. (1998). Law, crime and punishment: A comparative introduction to the criminal justice and legal system of the People’s Republic of China. Indiana International and Comparative Law Review, 9(1), 143–154.
Snedaker, K.H. (1991). Storytelling in the opening statements: Framing the argumentation of the trial. In D.R. Papke (Ed.), Narrative and the legal discourse: A reader in storytelling and the law (pp. 132–157). Liverpool, England: Deborah Charles Publications.
Song, C. (1999). Shenpan fashi gaige tingshen yunzuo chengxu [Reformed trial operational procedures] (5th ed.). Beijing: The Supreme Court People’s Court Publications.
Spiecker, S.W., & Worthington, D. (2003). The influence of opening statement/closing argument organizational strategy on juror verdict and damage awards. Law and Human Behavior, 27(4), 437–456.
Xu, Z.W., & Wan, C. (1991). Family socialization and children’s behavior and personality development in China. Journal of Genetic Psychology, 152(2), 239–254.
Ye, W. (2014). Power and moral education in China: Three examples of school- based curriculum development. Lanham, MD: Lexington Books.
Zhang, Z. (1999). Zhongxi falu wenhua bijiao yanjiu [A comparative study of Chinese and Western legal culture]. Nanjing, China: Nanjing University Press.
Cited by (1)
Cited by one other publication
Zhao, Ning & Dongya Zhao
2019.
2019 3rd International Symposium on Autonomous Systems (ISAS),
► pp. 17 ff.
This list is based on CrossRef data as of 10 july 2024. Please note that it may not be complete. Sources presented here have been supplied by the respective publishers.
Any errors therein should be reported to them.