Pleading: From Structure to Pragmatic Function

Abstract

Abstract: When examining judicial discourse, we find that it encompasses a variety of forms, with one of the most prominent being the lawyers' statements known as "pleadings." In these, the lawyer presents the facts of the case, its circumstances, and the demands of their client through an oral presentation. This is aimed at stirring the emotions of the judge, the judicial panel, and the audience, earning it the term "judicial oration." However, pleading goes beyond mere emotional appeal; it relies on argument, evidence, and the rules of the legislative system. It is a standard practice in criminal court sessions, often referred to as the "Court of Persuasion," as the pleading and efforts of the lawyer are geared toward convincing the judge and the panel. As the core of judicial discourse and the intersection between legal and judicial discourse, the plea serves multiple functions to achieve its primary goal—persuasion. The purpose is to convince the judge, making them yield to what is presented. Additionally, it aims to fulfill the pragmatic function, which is the most important role of a plea and is realized through the integration of several other functions. Keywords : Pleading, judicial oration, judicial discourse, legal discourse.