A corpus-aided study of stance adverbs in judicial opinions and the implications for English for Legal Purposes instruction

Abstract

This article reports a corpus-aided analysis of stance adverbs within published judicial opinions from the 12 geographically-apportioned districts of the United States (US) Federal Courts of Appeals. The study first analyzes stance adverbs previously investigated in US Supreme Court decisions in order to more comprehensively explore these interactional features across multiple levels of the judicial system. Following this initial analysis, the study then examines variation in the use of stance adverbs between majority and dissenting opinions in Courts of Appeals opinions to identify salient similarities and differences in frequency and function in the two opinion types. The initial analysis reveals divergence in stance adverb use between the Courts of Appeals and the Supreme Court and between legal writing and other registers, indicating the prevalence and importance of stance adverbs within legal writing. Additionally, the study notes variation in stance adverbs between majority and dissenting opinions. This article details the variation of stance adverbs across these aforementioned contexts, discusses how the variation noted in the corpus analysis at times conflicts with the advice of legal writing style guides, and offers pedagogical implications of these findings for English for Legal Purposes instruction.