Mediating the law, recontextualizing rights: a critical discursive analysis of elder-related family mediation on chinese television

In the context of rapid population aging and legal development in China, elder-related family mediation has become a key site where state law and family ethics are negotiated. Drawing on 443 legal discourse fragments extracted from 25 television mediation episodes, this study employs critical discourse analysis to examine how mediators transform legal discourse in real-time interaction. Five primary recontextualization strategies are identified—addition, deletion, substitution, reorganization, and generalization/specification—with substitution and addition being dominant. These strategies collectively produce a hybrid legitimacy that blends legal norms, family ethics, and pragmatic dispute resolution. While hybrid legitimacy lowers discursive barriers for older adults, it also subtly undermines their rights-based subjectivity by replacing legal entitlements with emotional appeals and moral obligations. We advocate for rights-sensitive recontextualization practices and caution against the erosion of justiciable rights in the name of harmony.

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Publication Details

Journal
Cogent Arts and Humanities
Published
2026-09-04
DOI
https://doi.org/10.1080/23311983.2026.2726120
Primary Topic
Aging and Gerontology Research
Type
article
Field-Weighted Citation Impact
0.00
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article

Mediating the law, recontextualizing rights: a critical discursive analysis of elder-related family mediation on chinese television

Heng Hu, Chen Cai
Cogent Arts and Humanities
Aging and Gerontology Research
article

Mediating the law, recontextualizing rights: a critical discursive analysis of elder-related family mediation on chinese television

Heng Hu, Chen Cai
article en

Abstract

In the context of rapid population aging and legal development in China, elder-related family mediation has become a key site where state law and family ethics are negotiated. Drawing on 443 legal discourse fragments extracted from 25 television mediation episodes, this study employs critical discourse analysis to examine how mediators transform legal discourse in real-time interaction. Five primary recontextualization strategies are identified—addition, deletion, substitution, reorganization, and generalization/specification—with substitution and addition being dominant. These strategies collectively produce a hybrid legitimacy that blends legal norms, family ethics, and pragmatic dispute resolution. While hybrid legitimacy lowers discursive barriers for older adults, it also subtly undermines their rights-based subjectivity by replacing legal entitlements with emotional appeals and moral obligations. We advocate for rights-sensitive recontextualization practices and caution against the erosion of justiciable rights in the name of harmony.

Cogent Arts and HumanitiesVol. 13(1)
Zhejiang Shuren University (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 4%
Aging and Gerontology Research
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