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Université de Montréal - Thèse sous forme numérique

Université de Montréal - Thèse sous forme numérique

Université de Montréal - Thèse sous forme numérique

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253are not responsible for applying the law, can be subdivi<strong>de</strong>d into two types: the ARGUER andthe PROTAGONIST.Parties in a case are called upon to explain why they are accusing someone, beingaccused by someone, appealing a <strong>de</strong>cision, i.e. they have to argue their case. Providingarguments is both a right and a duty of the parties. When judges write a <strong>de</strong>cision, they oftenhave to summarize the history of the case and refer to the argumentation provi<strong>de</strong>d by theparties in different moments of the lawsuit. They also have to provi<strong>de</strong> arguments for theanalysis they make of the lawsuit, for the sources of law they choose to use to base their<strong>de</strong>cision as well as for the <strong>de</strong>cision they reach. Whenever the parties and the judges provi<strong>de</strong>arguments for the aforementioned reasons they assume the role of ARGUER.The ARGUER is one of the core FEs of the frames [Argumentation], [Contesting],[Proof] and [Evi<strong>de</strong>nce]. It can refer to the accuser or to the <strong>de</strong>fendant (in a criminal suit), tothe petitioner or to the respon<strong>de</strong>nt (in a civil suit) and even to the judge. Table 26 lists allthe linguistic realizations of the core FE ARGUER in the English corpus. As it can beobserved from the number in brackets, the terms that instantiate the role of the ARGUER aremost often: Crown, appellant, accused, plaintiff, and respon<strong>de</strong>nt. However, the ARGUERcan also be instantiated by terms <strong>de</strong>noting a different specialized nature such as court andjudge. Whereas the PROTAGONIST is anyone who plays a given role, i.e. the role of theaccused or of the accuser (criminal suit), the role of the petitioner or of the respon<strong>de</strong>nt (civilsuit) and even the role of the judge, the ARGUER is a PROTAGONIST who plays the specificrole of providing argumentation support. The ARGUER has the right and duty to presentarguments so as to keep the role of PROTAGONIST in different moments of the lawsuit.Therefore, the ARGUER is a type of PROTAGONIST and the PROTAGONIST becomes theARGUER at certain moments of the lawsuit.

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