“You Wouldn't Take a Seven-Year-Old and Ask Him All These Questions”: Jurors' Use of Practical Reasoning in Supporting Their Arguments

1994 ◽  
Vol 19 (03) ◽  
pp. 639-663 ◽  
Author(s):  
John F. Manzo

In ordinary conversation, speakers are often called on to defend their assertions. In talk that takes place in institutional settings, speakers must often account for their claims as well. This study concerns the methods of argumentative support employed by participants in a particular institutional setting: jury deliberations. Micro-interactional analysis of transcripts of two actual deliberations—using the theore tical and methodological perspectives of ethnomethodology and conversation analysis-reveals that when jurors present defenses or accounts of their positions, they often reference mundane experience and practical reasoning. Jurors do not, then, merely weigh strictly “legal” considerations. Three of the jurors' discursive methods are scrutinized: Normative assertions, claims of expertise, and declarations of knowledge. These techniques serve not only to establish “evidence” in support of a juror's position but also to deflect other jurors' disagreement

2014 ◽  
Vol 10 (3) ◽  
pp. 213-224 ◽  
Author(s):  
Marco Pino ◽  
Luigina Mortari

Previous research has evidenced that in different institutional settings professionals are cautious when responding to clients’ indirect complaints and tend to avoid siding either with the clients/ complainants or the complained-of absent parties. In this article we use the method of Conversation Analysis to explore professional responses to clients’ indirect complaints in the context of a Therapeutic Community (TC) for people with diagnoses of mental illness in Italy. Although the TC staff members sometimes display a neutral orientation toward the clients’ complaints, as is the case in other institutional settings, in some instances they take a stance toward the clients’ complaints, either by distancing themselves or by overtly disaffiliating from them. We argue that these practices reflect the particular challenges of an institutional setting in which professionals engage with clients on a daily basis, have an institutional mandate of watching over them and are responsible for their safety. According to this interpretation, staff members’ nonneutrality toward clients’ complaints can be seen as a way of defending against the possibility, raised by the clients’ reports, that the staff members might be involved, albeit indirectly, in courses of action that have harmed or might harm the clients.


1994 ◽  
Vol 11 ◽  
pp. 137-152 ◽  
Author(s):  
Elizabeth Taylor

Abstract This paper uses conversation analysis to examine a feedback session between a postgraduate student of TESOL and a university supervisor who had just watched her lesson. The feedbacsk session seemed unsatisfactory to the supervisor and the analysis suggests that this could have been due to the role of trainee being resisted by the teacher. Evidence for this in the talk is examined in detail, in particular the number and shape of dispreferred responses found. It would seem that the rules of ordinary conversation may influence these feedback sessions just as much as the conventions connected with the institutional setting of the talk.


2014 ◽  
Vol 43 (4) ◽  
pp. 41-74 ◽  
Author(s):  
Douglas Whitehead

NGO–firm partnerships have been well studied in the literature on corporate social responsibility (CSR) (Marano and Tashman 2012; Dahan et al. 2010; Oetzel and Doh 2009). However, these studies have generally limited their focus to Western multinationals and Western NGOs and, moreover, not by-and-large examine in depth the institutional settings under which either the firm or the NGO operates Building on recent institutional approaches to CSR (Brammer, Jackson, and Matten 2012; Kang and Moon 2012; Matten and Moon 2008), this paper examines how the institutional dynamics of several partnerships between Chinese firms and NGOs affect the manifestation of CSR (e.g. “implicit” vs. “explicit”). The paper also looks into how CSR and NGO–firm collaboration plays out within a changing state-corporatist framework in Chinese context (Unger and Chan 1995, 2008; Hsu and Hasmath forthcoming). The paper then argues 1) that the involvement of an NGO in the partnership reflects a changing institutional setting in China, and 2) that type and level of involvement of Chinese government institutions affects whether a given firm takes an “implicit” or an “explicit” approach to CSR.


2014 ◽  
Vol 3 (2) ◽  
pp. 186-196 ◽  
Author(s):  
Rosa Caiazza ◽  
David Audretsch ◽  
Tiziana Volpe ◽  
Julie Debra Singer

Purpose – Existing work documents the role that institutional setting plays in the process of spin-off creation. However, despite decades of studies, scholars have not clearly explained why some regions are more involved in spin-off activity than others. Drawing from institutional theory, the purpose of this paper is to compare different institutional settings identifying factors affecting the general environment capability to support spin-off activity of a specific region. Design/methodology/approach – The authors utilize a cross-national analysis of American, Asian, and European areas identifying factors affecting their different rate of spin-off activity. This study contributes to the policy debate concerning entrepreneurship and how best to spur spin-off activities. Findings – In this paper, the authors identify the general and specific factors that explain the cross-national diversity in spin-off creation. The authors then perform an analysis of the impact of these factors in various regions of the USA, Asia, and Europe, providing evidence for the necessity of specific combinations of these factors. Originality/value – The paper offers a new perspective on the causes of spin-offs through a cross-national analysis of many areas around the world.


2012 ◽  
Vol 28 (1) ◽  
pp. 57-72 ◽  
Author(s):  
Alison Tempest ◽  
Bill Wells

The ability to argue and to create alliances with peers are important social competencies for all children, including those who have speech, language and communication needs. In this study, we investigated the management of arguments and alliances by a group of 5-year-old male friends, one of whom has a persisting speech difficulty (PSD). Twelve argument episodes that arose naturally during video-recorded free play at school were analysed, using Conversation Analysis. Overall the data show that the child with PSD was just as likely as one of his friends to be included in, or excluded from, play alliances. Detailed analysis of two episodes reveals that the child with PSD competently used a range of linguistic devices in and around arguments and that his speech difficulties apparently did not impact on his ability to form alliances. This study highlights the need for those of us who work with children to take account of peer interactions and to consider the linguistic strategies that children employ when participating in peer talk and play: the social world in which inclusion and exclusion are accomplished. The study also illustrates the value of qualitative micro-interactional analysis as a research tool for investigating social inclusion and exclusion.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Francesca Rossignoli ◽  
Riccardo Stacchezzini ◽  
Alessandro Lai

PurposeEuropean countries are likely to increasingly adopt integrated reporting (IR) voluntarily, after the 2014/95/EU Directive is revised and other initiatives are implemented. Therefore, the present study provides insights on the relevance of IR in voluntary contexts by exploring analysts' reactions to the release of integrated reports in diverse institutional settings.Design/methodology/approachDrawing on voluntary disclosure theory, a quantitative empirical research method is used to explore the moderating role of country-level institutional characteristics on the associations between voluntary IR release and analyst forecast accuracy and dispersion.FindingsIR informativeness is not uniform in the voluntary context and institutional settings play a moderating role. IR release is associated with increased consensus among analyst forecasts. However, in countries with weak institutional enforcement, a reverse association is detected, indicating that analysts rely largely on IR where the institutional setting strongly protects investors. Although a strong institutional setting boosts the IR release usefulness in terms of accuracy, it creates noise in analyst consensus.Research limitations/implicationsAcademics can appreciate the usefulness of voluntary IR across the institutional enforcement contexts.Practical implicationsManagers can use these findings to understand opportunities offered by IR voluntary release. The study recommends that policymakers, standard setters and regulators strengthen the institutional enforcement of sustainability disclosure.Originality/valueThis study is a unique contribution to recent calls for research on the effects of nonfinancial disclosure regulation and on IR “impacts”. It shows on the international scale that IR usefulness for analysts is moderated by institutional patterns, not country-level institutional characteristics.


2018 ◽  
Vol 56 (5) ◽  
pp. 939-954 ◽  
Author(s):  
Birton J. Cowden ◽  
Joshua S. Bendickson

Purpose Many factors influence entrepreneurs, some of which influence the level of innovation (i.e. innovative or imitative) of new products or services pursued. The purpose of this paper is to explore the impact of the psychological motivations of the entrepreneurs and their institutional setting on the innovativeness of the new venture they pursue. Through this exploration, we can gain a better understanding of how innovative new ventures still occur in varying institutional environments. Design/methodology/approach In order to deliver the authors’ propositions as they pertain to innovation, the authors review the literature on entrepreneurs’ default regulatory focus (i.e. promotion or prevention seeking) and the strength of the institutions in which they are operating. Findings The authors theorize that promotion focus enhances innovativeness of ventures while prevention focus enhances imitativeness of ventures. The authors also provide a conceptual framework for the interplay among institutions and regulatory focus and provide a typology for how these varying combinations impact innovativeness or imitativeness of venture type. Originality/value In this study, the authors discuss and unpack the entrepreneurial mindset in order to bridge gaps between institutions and cognitive motivations of entrepreneurs as they pertain to innovativeness of venture type. By synthesizing several areas of research, the authors shed light on entrepreneurs’ innovativeness by proposing how these factors work together in determining whether an entrepreneur’s venture is more or less innovative based on regulatory disposition and in different institutional settings.


Gesture ◽  
2018 ◽  
Vol 17 (2) ◽  
pp. 291-321 ◽  
Author(s):  
Antti Kamunen

Abstract This paper examines the Open Hand Prone ‘vertical palm’ as a resource for participants in conversation for displaying their treatment of a co-participant’s – or their own – turn/action as interruptive. Through this practice participants can manage turn-taking by making it relevant for the co-participant to stop talking. The data for this study consist of video-recorded conversations in English and Finnish from domestic and institutional settings, as well as broadcast talk. Using multimodal conversation analysis, this study shows that the gesture occurs in situations involving overlapping/competitive talk or incompatible embodied activities that somehow affect the progressivity of the ongoing talk. This paper complements previous research on gesture studies and interaction by investigating the function these gestures take in stopping/interrupting a co-participant’s turn-at-talk across multiple settings, and by studying how the gesture functions as a part of a practice which has direct social consequences on the local organization of turn-taking.


2019 ◽  
Vol 49 (2) ◽  
pp. 207-230
Author(s):  
Anne Elizabeth Clark White

ABSTRACTThis analysis focuses on the institutional talk of sea-kayak guides and their clients in order to understand how guides negotiate the interactional balance of giving orders to maintain a safe and timely excursion while facilitating a fun and recreational experience. Using a mixed-method analysis including Conversation Analysis, ethnography, and statistics, this study examines 576 instances of directives found in video recordings of twenty-five Alaskan kayaking ecotourism excursions and explores the practices guides use in their talk to maintain control of an excursion while not coming across as domineering. By systemically examining directives’ design, directives are found to reveal both their temporal urgency in addition to the precipitating events that necessitate them, such as client behaviors or environmental stimuli. This study's analysis contributes to our understanding of how interactants mitigate face-threatening actions and focuses attention on the interactional work that directives and their accounts achieve in an institutional setting currently underinvestigated (Directives, mixed-methods, Conversation Analysis, ethnography, ecotourism)*


2010 ◽  
Vol 37 (2) ◽  
pp. 911-928 ◽  
Author(s):  
MICHAEL RIEMENS

AbstractBased on considerable archival research in Switzerland and France, this article considers the creation of specialised institutions and centres for scientific research, discussion and information on international questions after the First World War. It analyses the origins and development of the International Studies Conference from 1928 until 1946, and it pays particular attention to the institutional setting provided by the ISC. With the help of an international questionnaire of the League of Nations from the early 1930s the article also discusses the university teaching of IR in the US, Great Britain and on the European continent in the interwar period, and it looks at some of the institutional settings, especially academic institutions (departments, chairs, schools and so on), that were available at the time.


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