钟彩顺著的《法官司法行为的话语心理学研究（
英文版）》 adopts a discursive psychological
approach to judges' judicial behaviors. Based
on a close scrutiny of judges' discursive
actions, this research argues that judges do
not adjudicate merely by law, but also by
what they care about as a social being. Their
care structure is manifested in their
discourse, situated and transportable
identities performed in their moment-to-
moment institutional discourse practice.
What sets this research apart from other
identity-related theorizations is that
identity here is not regarded as the factor
determining judges' judicial behavior but the
resources judges mobilize to legitimatize or
rationalize their discursive actions. This
theory, reorientation can highlight the
dynamic tension between structure and
contingency in judicial practice and shed
lights on the instrumentality and temporality
of judges' judicial behavior. Given
this,legal concepts such as 'justice' , '
facticity' , 'legitimacy', etc.are also
.subject to respecification.
目录
Chapter 1 Introduction
1.1 Background to the Study
1.2 Purpose of the Study
1.3 Theoretical Assumptions of the Study
1.4 Research Questions
Chapter 2 Literature Review
2.1 Judges' Institutional Roles
2.1.1 Judges' Varying Roles Under Different Judicial Systems
2.1.2 Jurisprudential Definitions of Judges' Role
2.1.3 Judge under China's Constitution
2.2 Judicial Behavior Research
2.2.1 Cognitive-psychological Approach to Judicial Behavior
2.2.2 Sociological Approach to Judicial Behavior
2.2.3 The Discursive Turn in Judicial Behavior Research
2.3 Discursive Psychology
2.3.1 Accounts of Course of Action
2.3.2 Accounts of Mind
2.3.3 Accounts of Identity
2.4 Summary
Chapter 3 Theoretical Framework and Method
3.1 Respecifying Judicial Behavior
3.2 Concept and Assumption
3.2.1 Discourse
3.2.2 Discursive Action Model
3.3 Theories of Discursive Actions
3.3.1 Speech Act Theory
3.3.2 Exchange Structure Theory
3.3.3 Linguistic Anthropology
3.4 A Theoretical Framework
3.4.1 Characterizing Discursive Actions
3.4.2 Identifying Identity
3.4.3 Configurating Judicial Discourse Order
3.5 Method
3.5.1 Dataset
3.5.2 Data Analysis
Chapter 4 Discursive Enactment of Judges' Judicial Behavior
4.1 Introduction
4.2 Framing Judicial Trial
4.3 Judges' Discursive Actions
4.3.1 Coordinative
4.3.2 Inquisitive
4.3.3 Representative
4.3.4 Attributive
4.4 Summary
Chapter 5 Judges' Identity Performance in Discursive Actions
5.1 Introduction
5.2 Self-identifying
5.3 Discourse Identities
5.3.1 Initiator
5.3.2 Evaluator
