An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law

In legal settings, such as courts of law, the observance of the Cooperative Principle (CP) is particularly crucial. Maxim observance, according to the cooperative principle developed by philosopher H. P. Grice, is a concept in the field of pragmatics and linguistics that explains how people engage in effective communication by following certain conversational norms and expectations. Paul Grice proposed the cooperative principle, which is divided into four maxims (manner, quantity, quality and relation), as a framework for understanding how people convey meaning in conversation. Hence, using the Gricean cooperative principle, this paper seeks to examine the observance of the Cooperative Principle maxims in Selected Kenyan Courts of Law. This study used a total of 12 cases collected during the examinations and cross examinations phases of the selected courtroom trials. Data was analyzed from the 12 purposively sampled cases to show the instances of occurrence of the observance of the CP maxim. The study discovered that there was adherence to the CP maxims. The maxim of manner was observed the most, followed by the maxim of quantity, quality then relation during courtroom interactions, particularly in the examination and cross-examination phases thus the principles of fairness, justice, and professionalism were upheld.

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Publication Details

Journal
International Journal of Language and Linguistics
Published
2024-12-07
DOI
https://doi.org/10.11648/j.ijll.20241206.13
Primary Topic
Comparative and International Law Studies
Type
article
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An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law

Jane M. Ombati, Kenneth Odhiambo, Janet Omwancha
International Journal of Language and Linguistics
Comparative and International Law Studies
article

An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law

Jane M. Ombati, Kenneth Odhiambo, Janet Omwancha
article en

Abstract

In legal settings, such as courts of law, the observance of the Cooperative Principle (CP) is particularly crucial. Maxim observance, according to the cooperative principle developed by philosopher H. P. Grice, is a concept in the field of pragmatics and linguistics that explains how people engage in effective communication by following certain conversational norms and expectations. Paul Grice proposed the cooperative principle, which is divided into four maxims (manner, quantity, quality and relation), as a framework for understanding how people convey meaning in conversation. Hence, using the Gricean cooperative principle, this paper seeks to examine the observance of the Cooperative Principle maxims in Selected Kenyan Courts of Law. This study used a total of 12 cases collected during the examinations and cross examinations phases of the selected courtroom trials. Data was analyzed from the 12 purposively sampled cases to show the instances of occurrence of the observance of the CP maxim. The study discovered that there was adherence to the CP maxims. The maxim of manner was observed the most, followed by the maxim of quantity, quality then relation during courtroom interactions, particularly in the examination and cross-examination phases thus the principles of fairness, justice, and professionalism were upheld.

International Journal of Language and LinguisticsVol. 12(6)
Maasai Mara University (KE)
Peace, Justice and strong institutions
Openalex Percentile: Top 57%
Comparative and International Law Studies
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An Analysis of the Observance of the Cooperative Principle Maxims in Selected Kenyan Courts of Law — Jane M. Ombati, Kenneth Odhiambo, et al. · International Journal of Language and Linguistics (2024) | TGRS Research Map | TGRS