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Pragmatic Discourse and Gender Inequality in C hina
Author(s) -
He Xin,
Ng Kwai
Publication year - 2013
Publication title -
law and society review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.867
H-Index - 74
eISSN - 1540-5893
pISSN - 0023-9216
DOI - 10.1111/lasr.12018
Subject(s) - inequality , china , gender inequality , norm (philosophy) , hegemony , sociology , gender equality , order (exchange) , political science , law , gender studies , economics , mathematical analysis , mathematics , finance , politics
Using courtroom dialogs from actual court trials in C hina as data, this article analyzes an emerging “pragmatic discourse,” deployed by judges to assist, but at the same time to constrain divorcing women. Through questions, statements, rebuttals, and other interactional devices, C hinese judges define the premises that underpin the law's understanding of gender equality and women's welfare. By looking at how discourses are deployed by judges and litigants, we link micro linguistic practices to more general social forces and processes. Despite their honest effort to protect women's rights, C hinese judges often inadvertently reinforce and reproduce the patriarchal norm. The data demonstrate how the hegemonic patriarchal order reasserts itself in an institutional forum that is meant to promote gender equality. The interaction of the discourses also highlights the tensions in C hinese society and displays the effect of changing social environment on the legal operation.