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To cite this article: Henrik Ingrids & Karin Aronsson (2014) Reported Speech and Reported
Affect in Child Custody Disputes, Research on Language and Social Interaction, 47:1, 69-88, DOI:
10.1080/08351813.2014.871806
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RESEARCH ON LANGUAGE AND SOCIAL INTERACTION, 47(1), 69–88, 2014
Copyright © Taylor & Francis Group, LLC
ISSN: 0835-1813 print / 1532-7973 online
DOI: 10.1080/08351813.2014.871806
This study analyzes mothers’ versus fathers’ versions of events in three cases of audio-recorded child
custody disputes in Sweden. We show how the parents use direct reported speech (including self-
quotes) and reports of feelings as discursive devices for creating alternative versions with epistemic
authority and credibility. Data are in Swedish and English translation.
What happens when two parents both have firsthand access to critical events involving their child
but promote widely divergent views of what happened? This article is about how credibility is
built during child custody hearings, where accounts are crucial in establishing the outcome of
the court’s decision. We show how participants build the credibility of their own accounts and
challenge those of the other side. Contesting sides do not openly discredit each other; instead, they
produce alternative versions (Drew, 1992; Komter, 1994; Lynch & Bogen, 1996). Our interest is
in parents’ use of reported speech—and its neighbor, what we call reported affect—to supply the
evidence that supports their version of events.
The interactional design of reported speech has not been much studied in courtroom settings (for
exceptions, see Galatolo, 2007; Matoesian, 2000). Witnesses cannot just repeat what other people
have said; hearsay evidence is normally not allowed in court, and witnesses are not to speculate
about how other persons have experienced events (Conley & O’Barr, 1990, pp. 13–14; Lynch
& Bogen, 1996). Witnesses are normally constrained from expressing opinions or evaluations of
target events.
One solution for invoking nonpresent parties is to employ reported speech, and particularly
then direct reported speech (DRS), that is, quotes that retain the original prosody and other
expressive features of what was once (allegedly) said (Clark & Gerrig, 1990; Holt, 1996, 2007).
In courtroom contexts (Drew, 1992; Galatolo, 2007; Watson, 1990), as in mundane everyday
We are grateful to the editor and anonymous reviewers for their helpful comments on earlier versions of this
manuscript.
Correspondence should be sent to Karin Aronsson, Department of Child and Youth Studies, Stockholm University,
SE 106 91 Stockholm, Sweden. E-mail: karin.aronsson@buv.su.se
70 INGRIDS AND ARONSSON
conversations (Clift, 2006; Holt, 1996), reported speech tends to be used as a discursive resource
for providing evidence. Through reported speech, storytelling acquires “an air of objectivity”
(Holt, 1996, p. 242) and authenticity (Bakhtin, 1981; Besnier, 1992). In mundane contexts, Speer
(2012) has, for instance, shown that reported compliments (reported speech as a preferred alter-
native to self-praise) are employed as ways of creating “objectivity.” Similarly, Wooffitt (1992,
p. 168) has identified quoting as a resource for confirming that spectacular phenomena have been
observable to others.
But reported speech in testimonies often has moral implications (Drew, 1992; Galatolo &
Drew, 2006; Galatolo, 2007). For instance, witnesses are sometimes found to deploy reported
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speech for actions like blame allocation. Conley and O’Barr (1990, p. 39) similarly suggest that
through reported speech litigants can provide listeners with information about “the motives and
thoughts of various parties to the action.” Holt (1996, 2007) shows that DRS is an important
resource for enacting prior events; setting the stage for subsequent social actions; and allowing
for the display of a variety of stances: epistemic, moral, and affective. It includes displaying other
persons’ reactions, offering versatile means for enacting their opinions, emotions, and thoughts
about target events (Holt, 1996, 2007).
Holt (2007) compellingly shows how speakers may enact absent parties. What Bakhtin (1981,
pp. 331–366) has called accentuations and reaccentuations are important discursive devices for
this, which means that the spoken language, with its variation in tempo, volume, pitch, and voice
qualities, is a rich resource for enacting not only what has happened but also how the speaker
distances him-/herself or aligns with reported actions. In a discussion of mundane complaints
about transgressions and misconduct, Drew (1998, p. 323) similarly documents a series of direct
quotes, employed as parts of blame accounts. In a couple of recent contributions to work on DRS,
Clift (2006, 2007) has shown that epistemic stances in everyday life need not necessarily entail
explicit epistemic statements (like “believe” or “distrust”). Instead, important epistemic action is
recurrently performed through interactional means and more specifically through DRS. A spe-
cific case, reported by Clift (2006), is that of self-reported speech, namely, self-quotes. Through
enacting what the speaker has once said, s/he can be seen to demonstrate that s/he was really
there and had access to target events. But at the same time, accountability is somewhat reduced in
that the reporting context is slightly removed in time from what is reported. An interesting ques-
tion is, of course, whether such self-quotes will also appear in institutional storytelling contexts,
such as the testimonies in our study.
The study we report, then, takes as its focus the use of direct reported speech and its cognates
as a resource by parties in a dispute that hinges on establishing a judicial version of events.
To introduce the study, it will be helpful to describe its social and legal context.
Legal Context
Child custody disputes are notoriously delicate affairs, often marked by a high level of con-
flict between the litigating parents (Conley & O’Barr, 2005; Firestone & Weinstein, 2004).
In Sweden, courtroom custody-and-contact proceedings are rare (they occur in less than 5%
of all divorces). As in most of the Western world, Swedish family law emphasizes the child’s
REPORTED SPEECH AND REPORTED AFFECT 71
best interest as the overall guiding principle in child custody disputes, and the child’s right to
express his or her opinions has become an integral part of the Parents Code (Eriksson, 2011).
However, children have no formal status as litigants in family law and are normally not called
upon to testify, as they would then have to align with one side against the other (Röbäck & Höjer,
2009).
Data
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The data reported here are a sample set of three cases, selected from 42 sets of audio-recorded
courtroom examinations of both sides in child custody disputes. Cases were chosen where at
least one party had asked for sole custody, meaning much was at stake in the proceedings. Public
domain data spanning one month and from 29 courts (collected in a nationwide data collection)
have been used.1 The children themselves were never present during the courtroom examinations.
During the examinations, the attorneys regularly asked for concrete and specific instances of the
other party’s (allegedly) troublesome conduct. Consequently, storytelling played a central role
during the examinations at large.
The analyses build on listening (repeatedly) to the Swedish tapes. The original transcriptions
are found in the Appendix, as the storytelling-style format of the invited stories did not allow
a (reader-friendly) line-by-line translation. The English translations were done by a native
speaker.
The analyses only focus on cases where both sides sequentially recounted “the same incident”
and on how each side (in the notable absence of the children themselves) presented its own ver-
sion as more credible and compelling than the contested version. In this article we report only
three illustrative cases, chosen for covering important discursive devices in the data at large.
The differences between this sample of mothers’ and fathers’ accounts illuminate the social
action of building one’s own version and credibility and undermining the opponent’s version.
But it should be noted that these case analyses are based on a systematic analysis of our entire
corpus.
In courtroom contexts firsthand witness reports have a privileged status above hearsay evidence
and second-order reports. In the stories here about unhappy incidents where a child is allegedly a
party (as a victim or at least an eyewitness), the most important witness in court should therefore
perhaps have been the child. Yet as is customary in these proceedings, the children concerned
were not present at any of the trials. This means that in one respect all disputes were therefore
based on secondhand evidence, that is, evidence where the witnesses—here, the parents—had
1 The study has been approved by the regional ethical review board in Stockholm (Reg. No. 2011/5:11).
72 INGRIDS AND ARONSSON
somewhat restricted access to target events and could be seen to have less epistemic authority
(Heritage, 2012; Heritage & Raymond, 2005). Inspection of the data suggested that the parents
attended to two, partly overlapping, sites of dispute in telling their side of the story: (a) what
happened (epistemic access), and (b) who is most credible, the mother (M) or the father (F)
(epistemic authority). An individual parent would employ a series of interactional resources for
building credibility and epistemic authority, that is, for presenting her- or himself as concerned
and knowledgeable about his/her child: reported speech and affect; and self-quotes and reported
expert talk (specific types of reported speech).
In the following, we will present three pairs of contrasting versions that illuminate how story
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versions were backed up and embellished through reported speech and affect.
As mentioned already, a striking feature of the courtroom examinations was the litigants’ use of
reported speech. All parents in our examples employed reported speech in relaying, for instance,
what a target child had said. This was often embedded in reports about affects, as when a child’s
crying was deployed to illuminate how the child reacted to the other parent’s conduct. Like
epistemic stances, affective stances can be conveyed either through metacomments or, more indi-
rectly, the speaker’s ways of indexing affects. Especially through quotes (DRS), the testifying
parent managed to convey various affects by changing, for instance, prosody, volume, tempo,
or voice qualities (Ochs & Schieffelin, 1989; Stivers, 2008), indexing his or her thoughts about
other story versions. In brief, what we call reported affect covers the speaker’s or other partic-
ipants’ affects in response to target events, embellishing or backing up the speaker’s version,
rendering it more authentic, as it were. Quotes regularly involved such reported affect and vivid
descriptions were in our data designed through various combinations of reported speech and
affect.
(Extract 1) M’s version (direct examination by M’s own attorney; boxes index DRS)
1 MA: It’s early summer (.) 0X (year) we’re thinking about then
2 ((hawks)). Then the conflicts get even more accentuated
3 that’s (.) before you move to X-town when (.) uh (1.2) the
4 fights then >so to speak< when C is >so to speak< involved
5 Do you have some examples of that?
6 (1.5)
7 M: Ye:s he- u:h before I left Y-town the:n (.) he stood there
8 pushed me and threw a stroller down the staircase there on-
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As an initial part of the hearings, the mother’s attorney (MA) invites accounts about fights
involving the child. M responds by producing a narrative about how F allegedly pushed her and
threw a stroller at her (lines 8–29). It can be noted that she reports that there were a number
of eyewitnesses to the event (her sister-in-law and grown-up son, as well as the young target
child), which can be seen as a way of strengthening her version of the event (and her epistemic
authority). But notably these reported eyewitnesses were not present in court. However, she not
only says that they were there but also produces direct quotes, as when she cites her grown-up son
audibly protesting against F’s violent action, “you can’t hit my mom at least not when I’m here”
(lines 11–12). This simultaneously shows that she witnessed this event (that she has epistemic
access).
She also presents indirect reported speech (IRS) about how her little child “screamed in des-
peration” (line 15; our italics) and later escalates this into a direct quote of the screaming,
enacting (Holt, 1996, 2007) the child’s desperation, “mommy mommy mommy mommy .hhh
does it- does it hurt? Does it hurt Mommy? Does it hurt?” (lines 28–29). Through the repeated
“mommy,” she invokes strong affect, and the anxious question “does it hurt?” simultaneously
74 INGRIDS AND ARONSSON
documents the child’s concern and, on another level, the close relationship between child and
mother. In brief, this quote orients to the audience in reenacting the scene, providing details of
the original delivery that testify to both the authenticity of the feelings and her concern as a
mother (Besnier, 1992), authorizing her testimony as it were (Bakhtin, 1981; Watson, 1990).
A basic idea of this article is that “reported affect” constitutes a conversational resource for
building epistemic authority in that it can at times render a description more vivid or authentic.
Telling the court about the two eyewitnesses’ displayed affect (here her daughter’s crying and
screaming) can thus be seen as one way for M to underpin her claims to epistemic access to the
target events. She simultaneously upgrades her epistemic claim that the violent action actually
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took place, consolidating and authorizing her version of the key events, indirectly also upgrading
her own epistemic authority (her credibility as an eyewitness).
At the same time, her reports about the child witness’s concerns can be seen as showing the
child’s alignment with her (Stivers, 2008) as it suggests a strong bond between M and her chil-
dren, which is relevant to her aspired identity as “the best parent.” M thus invokes a participant
perspective, pointing out how the participants themselves oriented to the events, allowing the
listeners to temporarily assume the position of a quoted person.
Before telling about F’s violent action, M orients to the unusual nature of the target event by
prefacing her blame-implicative account with an epistemic metacomment, “well it sounds awful”
(line 18), orienting to potential audience reactions of incredulity. What she then tells the court
is that F not only “threw” a stroller but he also “just threw it at me” (our italics), upgrading the
blame-implicatives of her story by invoking violent intentions.
We will now scrutinize how F, that is, the opposing party, also employed reported affect in his
description of the same target event.
(Extract 2) F’s version (cross-examined by the MA, the other side’s attorney)
1 MA: M said something about (.) you throwing a stroller (.) for
2 example at her (0.6) is that something (.) you remember?
3 F: I can recount that incident (.) it was also reported to the
4 police by M (1.3) e:h I had gone out and put C in the car in
5 the car seat, buckled her in, C sat with her back to the
6 stairs (1.2) I enter there (.) well there are three of them (.)
7 she and her sister-in-law (.) S (.) are standing there
8 → you see (.) provoking me (1.2) I go in there and they get in my way
9 (.)↑we:ll I grab that stroller (.) and spin it right round in
10 the air (.) but it doesn’t hit anybody (.) >go in and get my
11 keys, go out again< then they get in my way (.) and I go
12 out and get into the car and drive away
13 MA: >Right yes I understand that you have different[views=
14 F: [Yes
15 MA: = about what happened here<
Here F introduces a defensively detailed narrative version where their child could not actually
witness the events: She was buckled up in the child seat, with her back to what was going on.
He simultaneously produces a “contrasting version” (Drew, 1992) to M’s account. If the court is
REPORTED SPEECH AND REPORTED AFFECT 75
to accept his version, M’s version (and her identity as a knowledgeable and credible witness) is
conversely undermined in that the child could neither see the events nor hold onto M’s legs as the
child was already buckled up in the car.
Moreover, F not only claims that the young child had her back to what was going on but
also that the other copresent persons were “standing there provoking me” (lines 7–8). Thereby,
the onlookers are repositioned as instigators of problematic actions rather than eyewitnesses.
The witnesses now become less credible in that they, through their provocations, displayed their
affiliation with the other side, M. This means that the actor-agent-action constellation is entirely
transformed, and F is no longer a perpetrator but a victim. He is someone who merely reacts to
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events rather than someone who acts (on action-reaction, see Goodwin, 1994), thereby providing
an excuse for his putatively blameworthy action.
In his narrative, F orients to both the contested nature of the event (domestic violence) and
category-bound activities where one of the litigants here transforms target activities, changing
“throwing at” to “spin it around” (for related transformations in a criminal trial context, see
Komter, 2003). In this courtroom setting, social categorizations are intimately linked to differ-
ent types of legal accountabilities. The very fact that you throw something at someone implies
intentionality. Obviously, F was less guilty of violence if he was merely playing around with the
stroller, “spinning it around.”
In brief, what F can be seen to be doing through his narrative is primarily to try to replace M’s.
Indirectly, he undermines her version and challenges her credibility. Like M, he is a firsthand
witness, but unlike M, who repeatedly invoked the children’s voices, he does not quote what
they said. But he tells a competing story where he can be seen to (a) reformulate the nature of
target events and (b) try to undermine the court’s belief in M’s version (and on another level, her
epistemic authority) since the child could not actually see the target event. Even if he does not
overtly correct M’s story, his version can then be seen as an implicit attack on hers (and her moral
persona).
It is well recognized in studies of interactions that stories generate other stories (Arminen,
2004), and second stories can be identified as a particular type of response to an original story
(Arminen, 2004, p. 321). For example, speakers may display alignment with the previous speak-
ers. However, in the adversarial setting of child custody litigation, second stories were instead
recurrently designed as implicit challenges to or attacks on the first story. F’s second story is far
from an isolated case of such deconstructive work.
In terms of epistemic access, the two parents in our next case (Extracts 3 and 4) have some-
what different epistemic rights, as F but not M witnessed the target event, which means that his
epistemic access is greater than that of M, who has not seen the event in question (Heritage, 2012;
Heritage & Raymond, 2005). However, much more than epistemic access is involved in the trials
and their outcomes.
The analyses show that epistemic dilemmas and concerns were solved in a number of ways.
Normally, hearsay evidence is not solicited in courtroom contexts (Conley & O’Barr, 1990), but
in these child custody cases, parents recurrently talked about unhappy incidents, told by their
children, regardless of whether the parents themselves had witnessed these very events.
76 INGRIDS AND ARONSSON
Case 2: “Youngest child getting lost or running away?” (Extract 3 versus 4). At the
time of the trial, M had sole custody of two preschool girls, and she maintained that F was
aggressive and shouted too much at them. But he claimed extended visitation rights and retorted
that he was just a bit of a stickler for rules. In this case, as in the next one, the court decided on
the status quo. Preliminary contrastive analyses of M’s version versus F’s revealed incompatible
descriptions of the target event that invoked different agent-action constellations:
C was “very very angry” (M’s version: Ex. 3: line 20)
F was scared; concerned about C’s disappearance (F’s version: Ex. 4: line 1)
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1 M: So- so uh he’s uh calm and he’s happy (.) and treats the
2 children really (.) well (1.0) I think
3 MA: You think yes (.) ri:ght?
4 M: That’s the conclusion I’ve drawn but then when it gets to
5 be routine (.) when there’s a routine (.) eh it’s so bad so it-
6 it’s not good for the children
7 MA: What’s it like then? How does F react then? What happens
8 then?
9 M: → Well then- then (1.0) then- then there’s no patience. (.) I’ve
10 seen it with my own eyes du- during the period we lived
11 together
12 MA: Mhm
13 (1.2)
14 M: → U:h (2.5) And the girls talk about how he yells a lot (1.5)
15 → e:h (0.8) C2 is the one who- who uh cries the most and
16 → who talks the most (.) about (.) about how hard it is uh
17 (0.5) like now they’ve been to the circus for instance and
18 then C2 had to go to the bathroom (0.6) she told me (0.5)
19 and then she sat on the toilet and got away (.) got separated
20 → from Daddy and C1 (.) and then he got “very very angry”
21 and cancelled the whole- whole excursion (.) and eh gone
22 went home with the kids instead (.) as punishment
23 → It’s just coz he doesn’t inquire (.) “Why (0.6) eh
24 did you go away?” (1.5). Instead he eh punishes (.) right
25 away without finding out why things are as they are (1.5)
26 so all the fu- all the fun was over
In this excerpt, M recounts an unhappy incident that she has merely heard about through her
children, that is, an event to which she does not have firsthand epistemic access. But she indirectly
backs up her epistemic authority (Heritage & Raymond, 2005) and overall credibility by referring
to herself as someone who has “seen it with my own eyes,” invoking a firsthand experience even
though she actually has not witnessed the target event but just the way F would generally act.
REPORTED SPEECH AND REPORTED AFFECT 77
could provisionally be called “rereported” speech. Through such DRS and affect, M can be seen
to back up her access to the children’s experiences, upgrading her epistemic authority. On another
note, this is a case of a hybrid quote (Clark & Gerrig, 1990) in that it is neither a direct nor indirect
quote. Such hybridities, primarily marked through changes in voice quality, are commonplace in
our courtroom data (see also Extract 6: lines 26–27; for DRS in mundane contexts, not framed as
quotes, see Clift, 2006, 2007; Holt, 2007).
Moreover, M presents herself as someone entrusted with the child’s own version of prob-
lematic events (“she told me,” line 18). In that way, she invokes a certain sense of proximity to
mediated events through being the one who was actually informed of these events by the party
concerned.
One specific type of reported speech, employed in backing up these reports, was that of self-
quotes, where the speaker quoted him-/herself, positioning the listener in medias res of the
unhappy incident. Such self-reported speech has been discussed by Clift (2006), who has doc-
umented its occurrence in everyday conversations as one of several ways of indexing epistemic
authority. But as far as we know, it has as yet not been discussed in courtroom contexts, an
institutional context where it would be more delicate.
A little later during the trial, F, who, unlike M, was an eyewitness to the events, was asked to
present his version of the circus incident by his attorney:
1 FA: → And then- then I got scared again (1.2) and- and then I
2 → really told her off ’cause this had happened twice (.) and-
3 → and- and then I calm down (0.8) as quickly as I get angry (1.2)
4 a:nd well we were at the circus (.) and the whole show was
5 pretty much over then- (.) and we’d seen the elephants
6 → and >blah blah blah< and they thought it was great fun
7 (1.0) and suddenly C2 was just gone (1.5) and then- this is part
8 of the story then- then I went out and searched (.) and
9 because it was the final show they’d pretty much
10 taken down the whole circus (0.5)
... ((talk about the circus deleted))
22 FA: Uh hmh
23 F: → =but the show was over (0.5) and- and I- I said (.) loudly
24 that- that – it’s like this “you can’t behave like this” (0.5)
25 → and maybe I said it lou- louder than a conversational tone
26 → like because (.) my heart was in my mouth like (.) (Sw. i
78 INGRIDS AND ARONSSON
In this set of contrasting descriptions, the two litigants talk about the same event: M reported
that F was “very very angry,” whereas F said (line 1) that he “got scared.” This is thus a set of
contrasting affect. Simultaneously, the actor-agency design (Pomerantz, 1978) of the narrative
has changed: F is here the victim of an unhappy incident, instead of its creator. Rather than acting
in a blameworthy way, he merely reacts to his child’s disappearance.
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When the circus show was almost over, the youngest girl “was just gone” (Swedish: “puts
väck,” line 7). This changes the overall meaning of M’s accusation, in particular the type of
agency involved. The girl was not “separated” (a victim of F’s negligence?) in a crowd at the
circus, but she was instead “just gone,” without telling him. This means that it was the girl who
was responsible for her disappearance. When he finally found her, he (did not yell as in M’s
version) but just told her “loudly” (line 23) not to disappear again. He had looked for her all over
and had “his heart in his mouth” (line 26), underpinning and embellishing his defense narrative
with reported affect and a formulaic expression.
There are clearly a number of transformations between M’s version and F’s. These transfor-
mations involve radical changes of reported affect. M’s rereporting of what C said about F’s
being “very very angry” is connected to her own claim about F’s being impatient. In contrast, F’s
statement that he “got scared” invokes feelings of (parental) concern. These contrasting affective
stances obviously go along with related differences in attributed moral agency and parenthood; a
concerned and “scared” parent has very different connotations from an “angry” father. F’s narra-
tive involves a transformation of agency that, in this case, also entails a change in accountability
and the temporal order of events. It is the child herself who went away, not F who lost her. It is
only in response to her running away repeatedly that he then also admits that he talked a bit
“loud” (lines 23, 25).
In many ways, F’s narrative is marked by prosodic displays (emphatic talk; e.g., line 7),
reported speech and affect, and other features of such vivid descriptions as in his self-quote:
“I- I said (.) loudly that- that- it’s like this ‘you can’t behave like this’” (line 24). It is also
notable that the litigants recurrently produced self-quotes. In this case, F does not openly contest
M’s account of his “yelling at the girls,” but he undermines her description by quoting himself
as someone who merely “said” something “loudly.” As can be seen, though, his self-quote is
exquisitely designed in that it simultaneously replaces his “yelling” in M’s version with “talking
loud.” Moreover, this alternative version of the incident provides something of a social account,
an excuse. When F invokes his strong fear and his desperate search for his daughter, his raised
voice becomes comprehensible. He can be seen to position himself as a concerned father (even if
that very word is not used), rather than as an (overly) impatient parent. Again, it can thus be seen
how his version radically transforms the actor-agency constellation.
Next we will examine another set of contrasting stories where vivid descriptions are interwoven
into two opposing versions. On this occasion, M employed another type of reported speech,
namely, what we will call reported expert talk.
REPORTED SPEECH AND REPORTED AFFECT 79
In a few cases, the litigants can be seen to back up the factuality of an event, and their own
epistemic authority, by invoking reported eyewitnesses, referring to people present at the scene
of the event but who do not actually testify in court (e.g., the sister-in-law in Extract 1). In some
cases, the “eyewitness” is an expert, a reported expert, something that allows the narrator to treat
this eyewitness as a type of substitute for first-order knowledge. Such indirect upgradings of
litigants’ epistemic authority can be seen below in M’s extensive references to a nurse, an expert
who actually saw the event.
Case 3: “A red mark of abuse or just a little pinky dot?” (Extract 5 versus 6). This set
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of contrasting narratives is from a case where both litigants claimed sole custody of their only
child, a boy aged 5. The narratives concerned a red “mark” found on his neck. M allegedly noticed
it when the child returned from a stay with F and chose to stop all subsequent contact between
F and C. Preliminary contrastive analyses between the two parents’ narrative versions revealed
two incompatible descriptions of the key event, invoking divergent actor-agency relations, where
F was either implicated as the victim of false accusations (F’s version) or as the perpetrator (M’s
version):
C was harmed by F (M’s version about the red mark: Ex. 5: lines 9–11)
C scratched himself at night (F’s version: Ex. 6: lines 11–12)
26 M: and took that blood test and then we were sent back- she
27 came and then said that uh (.) uh (.) “I cannot directly see
28 that there is something wrong with the blood values or
29 → things like that however I’m very much concerned about
30 this mark on his neck (0.5) because this is definitely-
31 this is not a scratch mark”
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During the examination, M is invited by her attorney to tell the story of the red mark.
According to her version, C arrives at her house by car, riding in the front seat. When she opens
the door, the first thing M sees is “this mark” on her son’s neck, and she produces a self-quote, in
this case a direct quote, reflecting her affect in facing the target event, “my God! What’s happened
to your neck!” She characterizes the incident as a dramatic one, starting off with a response cry
(Goffman, 1981), a startled cry, marking anxiety and the extraordinary nature of the event. In this
way, she both marks the authenticity of the event and presents herself as a “concerned” parent who
immediately noticed what had happened. This quote is delivered in a dramatic voice. She does
not recount what the child says, but she invokes a dialogue with him, employing the Swedish pro-
noun “din” (2nd person “your”; line 11). In analyses of tales of the unexpected, Wooffitt (1992,
p. 183) similarly documents “reported dialogue,” that is, a speaker’s use of stretches of reported
dialogues between him-/herself and someone else, as a resource for backing up contested stories.
In this episode, M also reports that her father “saw it too” (line 15), implicating that the
event was (objectively) accessible to others, invoking other eyewitnesses, reported witnesses,
as a way of objectifying and authorizing (Watson, 1990) her account and, on another level, thus
also underpinning and upgrading her own credibility.
Last, and most importantly, she then quotes an “expert witness” (not appearing in court), a
nurse who allegedly showed great concern for the red mark, “this is definitely- this is not a
scratch mark!” (lines 30–31) Thus, it is the nurse who sets the stage for suspicions of F; that he
might have harmed C and lied about the mark. This use of reported speech allows M to downplay
her own suspicions of F (Galatolo, 2007). Her credibility might be questioned (in view of the
high stakes involved), but by invoking a medical expert, she can be seen to upgrade her epistemic
claims, positioning herself as an “objective” witness, as it were. In brief, reported speech allows
her to animate the suspicion of someone else; she is merely the animator (Goffman, 1981) of an
attack, not its author.
Members of the medical establishment can be considered more entitled (Potter, 1996) to diag-
nose a red mark than a parent. Their epistemic authority (Heritage, 2012) is greater. Mobilizing
expert witnesses can thus be viewed as an attempt to both back up her blame account and upgrade
the credibility of her version (and on another level, her epistemic authority). Simultaneously, M’s
recruitment of an expert displays her concern for her child (the good parent’s orientation to the
child’s best interest).
It is also notable that M’s attorney does not interrupt during this rather long sequence. In fact,
her attorney encourages her to recount what they said at the health-care center (“And what
did they say?” line 24). This shows that the quote is an interactional (sequential) product of
attorney–parent collaboration. Moreover, it indicates that the reported speech of a medical expert
is potentially important for the court.
REPORTED SPEECH AND REPORTED AFFECT 81
During the examination of F, the same event is then illuminated from his point of view.
1 FA: Can you tell us a little about these (.) red marks on C’s
2 neck?
3 F: → Well hhh. you know hhh. it’s horrible to be that someone
4 → can insinuate that I’ve hurt my son whom I’m- love so very
5 → much I .hhh moved here to be(.) with him like and .hhh as
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First, F says that he is upset and offended by the fact that “someone can insinuate” that he
has harmed his boy “whom I love so very much,” employing reported affect as a resource in
upgrading his credibility.
Notably, F is invited by his own attorney to present his version of the red marks, and he seizes
this opportunity to give an extended account, an alternative version of the event, where he (like
M did) provides a detailed and vivid description, including both reported affect and self-quotes.
In his story, he offers three types of evidence. First, he says that he slept next to his son, which
82 INGRIDS AND ARONSSON
can be seen as an indirect claim of epistemic access (and primacy). Second, he quotes himself
trying to stop his son from scratching himself (“don’t scratch don’t scratch!”), which both shows
his concern for his son and provides a vivid description of their interaction. As in some other
cases here, it is a hybrid quote, marked interactionally (see Clift, 2006), and not prefaced by any
epistemic verb. Third, and more importantly, his claim that C has psoriasis (line 12) provides a
plausible explanation for the scratching. His defensively detailed reports (Galatolo & Drew, 2006)
about the scratching can be seen as tailored to change the court’s perception of the agent-action
constellations; perhaps the son had harmed himself (through scratching), and it had not been the
father.
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Moreover, he can be seen to downgrade the seriousness of the problem (and therefore the
credibility of M’s description) by stating that it was a very small mark and not even red (“it was
like my pinky fingernail,” lines 19–20). Through such formulaic speech, he highlights that his
version does not accord with M’s (where she at some point, not excerpted for reasons of space,
referred to a 5-cm red mark, or something that one nurse likened to a “strangulation mark?”).
Last, he embellishes his discussion of the scratching through an extended self-quote where
he shows his concern and what he said to M about it (lines 28–31). Notably, the length of this
self-quote nicely matches the extended final quote in M’s testimony, and both extended DRS
sequences occur in the final part of the storytelling.
In brief, both M and F can be seen to employ reported affect and speech as interactional
resources. Whereas F does not invoke reported experts, he still deploys reported speech, but in
the form of self-quotes. It can be noted that in both story versions, the most extensive quotes
were located in the final parts of their storytelling. This pattern is representative of the data at
large, where direct quotes primarily occurred in storytelling sequences, and more extensive direct
quotes, such as reported dialogues, would recurrently occur in the final part of the story (Extracts
1, 5, and 6). They do not appear as narrative expansions in relation to yes/no questions (see
Galatolo & Drew, 2006) but can be seen as expanded parts of courtroom stories. This is, of
course, partly an effect of the soliciting by the attorneys, as in Extract 5, where the attorney
actually encouraged M to report what they said at the health-care center (“And what did they
say?”)
CONCLUDING DISCUSSION
The aim of this article was to show how disputing parties (parents, in this case) use direct reported
speech, and the reports of affect, to help establish their epistemic authority, and thus the credibility
of their version of critical events in their children’s lives. Epistemic authority was something that
had to be established by the participants in situ, presenting or challenging alternative stories.
Our findings show that the participants could be seen to employ two main methods for doing so:
alternative versions and vivid descriptions.
One of the main contributions of this article is its systematic documentation of a series of
transformations of actor-agency constellations (Pomerantz, 1978) that were talked into being
through courtroom examinations, transforming protagonists of opposing versions from victims
into culpable parties and vice versa. Specifically, the analyses document the role of DRS (Clark
& Gerrig, 1990; Holt, 1996, 2007) in building credibility through alternative stories, rendering
opinions both more “objective” or authentic and more vivid. Moreover, reported speech provided
a unique resource for including the child’s positions in this courtroom context.
REPORTED SPEECH AND REPORTED AFFECT 83
With respect to epistemic authority, the child’s reported speech was recurrently deliv-
ered in marked ways, highlighting its special status in these trials. Direct quotes embel-
lished alternative narrative versions and were embedded in repeats, exaggerations, extended
utterances, formulaic expressions, and at times even reported dialogues (Extracts 5 and 6).
Direct quotes could be seen as important interactional resources for validating both authen-
ticity and epistemic authority (the parent heard what happened) and animating the absent
party, putting the listener in the child’s place through vivid descriptions. In courtroom con-
texts (as in more mundane contexts), DRS can be seen as a persuasive device (Watson,
1990). But since the litigants are known to have quite a lot at stake in the examinations
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(the future custody of the child is contested), self-quotes can be seen as less persua-
sive (low-level reports) if other factors are constant. Yet they are not uncommon in the
present data or mundane conversations (Clift, 2006, 2007; Holt, 1996, 2007). An impor-
tant explanation is, of course, the role of self-quotes in showing that someone actually
had epistemic access to target events. Our data indicate that there is something of a local
hierarchy of epistemic claims, where reported child or expert talk can be seen as more
persuasive than self-quotes. There are at least sequential patterns that gradually build up
to “higher” types of reported speech: Self-quotes or reported talk by third parties might
lead up to direct reported child talk or reported expert talk (see Extracts 1, 5, and 6).
Perhaps more importantly, the narratives would gradually go from being IRS to DRS (see,
for instance, Extract 1, where indirect reports about C’s speech were gradually built up into
DRS).
Direct reported speech was thus a particularly powerful device in the creation of alternative
versions with upgraded epistemic claims. What we have called reported affect was another discur-
sive device for creating vivid descriptions. Unlike Besnier (1992), who primarily discussed affect
as parts of reported speech, our use of reported affect is somewhat broader in that it also covers
assessments of the affects of self and others. All things being equal, reported affect could similarly
be seen to involve upgradings of the speaker’s epistemic authority and credibility. The parent not
only heard what the child said, but, as a concerned parent, s/he had also registered and recalled
the child’s feelings. Accordingly, reported affect was a recurrent feature of the litigants’ story
versions, underpinning and upgrading the credibility of same-side stories. Conversely, reported
affect would undermine the opponent’s version.
In sum, the subtle and complex interactional work of building vivid descriptions, including
both reported speech and affect, shows that the design of contrasting versions involves systematic
transformations of actor-agency constellations (Goodwin, 2007; Pomerantz, 1978). The partic-
ipants themselves apparently oriented to the persuasive qualities of reported speech and affect.
This could be seen sequentially in the very production of alternative versions and how these ver-
sions gradually were built up to upgraded epistemic claims. The result is a pattern of telling that
established and protected the litigant’s authority—a crucial support in the highly charged custody
battle over a child’s future.
FUNDING
This work was supported by the Swedish Research Council for Health, Working Life and
Welfare.
84 INGRIDS AND ARONSSON
REFERENCES
Arminen, I. (2004). Second stories: The salience of interpersonal communication for mutual help in Alcoholics
Anonymous. Journal of Pragmatics, 36, 319–347.
Bakhtin, M. (1981). The dialogic imagination: Four essays. Austin, TX: University of Texas Press.
Besnier, N. (1992). Reported speech and affect on Nukulaelae Atoll. In J. H. Hill & J. T. Irvine (Eds.), Responsibility and
evidence in oral discourse (pp. 161–181). Cambridge, England: Cambridge University Press.
Clark, H. H., & Gerrig, R. J. (1990). Quotations as demonstrations. Language, 66, 764–805.
Clift, R. (2006). Indexing stance: Reported speech as an interactional evidential. Journal of Sociolinguistics, 10(5),
569–595.
Downloaded by [The University of British Columbia] at 14:44 14 October 2014
Clift, R. (2007). Getting there first: Non-narrative reported speech in interaction. In E. Holt & R. Clift (Eds.), Reporting
talk: Reported speech in interaction (pp. 120–149). Cambridge, England: Cambridge University Press.
Conley, J. M., & O’Barr, W. M. (1990). Rules versus relationships: The ethnography of legal discourse. Chicago, IL: The
University of Chicago Press.
Conley, J. M., & O’Barr, W. M. (2005). Just words: Law, language and power (2nd ed.). Chicago, IL: The University of
Chicago Press.
Drew, P. (1992). Contested evidence in courtroom cross-examination: The case of a trial for rape. In P. Drew & J. Heritage
(Eds.), Talk at work: Interaction in institutional settings (pp. 353–400). Cambridge, England: Cambridge University
Press.
Drew, P. (1998). Complaints about transgressions and misconduct. Research on Language and Social Interaction, 31,
295–325.
Eriksson, M. (2011). Contact, shared parenting, and violence: Children as witnesses of domestic violence in Sweden.
International Journal of Law, Policy and the Family, 25, 165–183.
Firestone, G., & Weinstein, J. (2004). In the best interest of children: A proposal to transform the adversarial system.
Family Court Review, 42, 203–215.
Galatolo, R. (2007). Active voicing in court. In E. Holt & R. Clift (Eds.), Reporting talk: Reported speech in interaction
(pp. 195–220). Cambridge, England: Cambridge University Press.
Galatolo, R., & Drew, P. (2006). Narrative expansions as defensive practices in courtroom testimony. Text & Talk, 26,
661–698.
Goffman, E. (1981). Forms of talk. Oxford, England: Basil Blackwell.
Goodwin, C. (1994). Professional vision. American Anthropologist, 96(3), 606–633.
Goodwin, C. (2007). Interactive footing. In E. Holt & R. Clift (Eds.), Reporting talk: Reported speech in interaction (pp.
16–46). Cambridge, England: Cambridge University Press.
Heritage, J. (2012). Epistemic in action: Action formation and territories of knowledge. Research on Language and Social
Interaction, 45, 1–29.
Heritage, J., & Raymond, G. (2005). The terms of agreement: Indexing epistemic authority in talk-in-interaction. Social
Psychology Quarterly, 68, 15–38.
Holt, E. (1996). Reporting on talk: The use of direct reported speech in conversation. Research on Language and Social
Interaction, 29, 219–245.
Holt, E. (2007). “I’m eyeing your chop up mind”: Reporting and enacting. In E. Holt & R. Clift (Eds.), Reporting talk:
Reported speech in interaction (pp. 47–80). Cambridge, England: Cambridge University Press.
Komter, M. L. (1994). Accusations and defence in courtroom interactions. Discourse & Society, 5, 165–188.
Komter, M. L. (2003). The interactional dynamics of eliciting a confession in a Dutch police interrogation. Research on
Language and Social Interaction, 36, 433–470.
Lynch, M., & Bogen, D. (1996). The spectacle of history: Speech, text, and memory at the Iran-Contra hearings. Durham,
NC: Duke University Press.
Matoesian, G. (2000). Intertextual authority in reported speech: Production media in the Kennedy Smith rape trial. Journal
of Pragmatics, 32, 879–914.
Ochs, E., & Schieffelin, B. (1989). Language has a heart. Text, 9, 7–25.
Pomerantz, A. (1978). Attributions of responsibility: Blamings. Sociology, 12, 115–121.
Potter, J. (1996). Representing reality: Discourse, rhetoric and social construction. London, England: Sage.
Röbäck, K., & Höjer, I. (2009). Constructing children’s views in the enforcement of contact orders. International Journal
of Children’s Rights, 17, 663–680.
REPORTED SPEECH AND REPORTED AFFECT 85
Speer, S. (2012). The interactional organization of self-praise: Epistemics, preference organization, and implications for
identity research. Social Psychology Quarterly, 75, 52–79.
Stivers, T. (2008). Stance, alignment and affiliation during storytelling: When nodding is a token of affiliation. Research
on Language in Social Interaction, 41, 29–55.
Watson, D. R. (1990). Some features of the elicitation of confessions in murder interrogations. In G. Psathas (Ed.),
Interaction competence: Studies in ethnomethodology and conversation analysis, No 1 (pp. 263–298). Washington,
DC: International Institute for Ethnomethodology and Conversation Analysis/University Press of America.
Wooffitt, R. (1992). Telling tales of the unexpected: The organisation of factual discourse. London, England: Harvester
Wheatsheaf.
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APPENDIX
Swedish Originals
9 sig i vägen (.)↑ja: jag tar tag i den här sulkyn (.) å snurrar
10 den ett varv i luften (.) men den träffar ingen (.) och jag >går
11 in å hämtar mina nycklar, går ut igen< då ställer dom sig
12 sig i vägen (.) jag går ut å sätter mej i bilen och kör därifrån
13 MA: > Jo ja förstår att ni har olika uppfattni[ngar=
14 F: [Ja
15 MA: =om vad som har hänt här<
22 vårdcentralen
23 (1.5)
24 MA: Å va sa man där?
... ((lines deleted; discussion on medical visit))
26 M: å tog det där blodprovet å sen blev vi tillbak- kom hon
27 å så sa hon att ehm (.) eh (.) ”Jag kan inte direkt se
28 (.) att det är nåt fel på blodvärden eller såna saker men
29 → däremot så är jag oerhört bekymrad över det här märket
30 på halsen (0.5) därför att det är absolut- det är inget
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31 klösmärke”