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Disciplinary values in legal discourse: a corpus study
Ruth Breeze
Ibérica , 2011,
Abstract: The last 20 years have seen increasing interest in the way in which meaning is made in different professional and academic disciplines. Central to this issue is the notion of disciplinary values, that is, qualities which define what is prized or stigmatised by different professional communities. In the present paper, the notion of disciplinary values is used to examine the way legal writers communicate meaning in different genres. To this end, six adjective/adverb sets which have a prominent place in legal discourse (“clear/ly”, “important/ly”, “reasonable/ly”, “appropriate/ly”, “correct/ly” and “proper/ly”) are identified. Their collocates and semantic preferences are studied in four 500,000-word corpora consisting of texts from the area of commercial law: academic journal articles, case law, legislation, and legal documents. Although the frequency and use of “clear/ly” and “important/ly” appear not to differ greatly from those found in other corpora of written and academic written texts such as the British National Corpus (BNC) and the British Academic Written English corpus (BAWE), “reasonable/ly”, “appropriate/ly”, “correct/ly” and “proper/ly” were found to be salient in some or all of the subcorpora. The reasons for this are then analysed within the framework of disciplinary values. These words appear to convey attributes that have particular importance in the legal profession, reflecting disciplinary values that cross the boundaries between various written genres.
Legal genres in English and Spanish: some attempts of analysis
Ma ángeles Orts Llopis
Ibérica , 2009,
Abstract: Understanding the differences and subtleties between the legal communication of the English-speaking world, and the Continental law countries –and, more specifically, Spain- has become a necessary practice in the global context. For the most part, it involves unravelling the differences and concomitances between the array of legal genres produced by the professionals of the specialist communities within these two traditions (i.e., Common Law and Continental Law). This paper attempts an analysis in layers –generic or pragmatic, textual or cognitive, and formal or superficial– of two types of genre within the domain of public and private law, namely delegated legislation and tenancy agreements or leases, the study of which has been seldom attempted, despite the customary presence of these instruments in the legal routine. The result of such analysis will, hopefully, cast some light on the way these communities interact within themselves and with the rest of the world, providing new clues to tackle the application of those genres and making it possible to draw new conclusions about the way in which linguistic interaction takes place in the context of these specialist communities in English and Spanish.
Discourse Markers s Sentence Openers in Legal English
Onorina Botezat
EIRP Proceedings , 2010,
Abstract: Discourse markers can be defined as linguistic expressions of different length which carry pragmatic and propositional meaning, they are used to combine clauses or to connect sentence elements andthey appear in both speech and writing, and facilitate the discourse. Each discourse marker indicates a particular meaning relationship between two or more clauses. English is predominantly the language ofinternational legal practice and its importance to lawyers cannot be over-emphasized. The way in which one uses legal English can therefore be crucial to professional success. This paper stresses the importance of good usage of discourse markers in legal English.
Dividing Hedging and Gambling: Legal Implications of Derivative Instruments  [cached]
Chaeo-hung Christopher Chen
Opticon1826 , 2006, DOI: 10.5334/opt.010608
Abstract: The past three decades have seen the emergence in the market of many different types of “derivative instruments”, ranging from futures, forwards, options, and swaps 1 to some other hybrid instruments 2 or synthetic transactions 3 . Along with insurance, derivative instruments help market participants not only to hedge various types of risks but also to engage in market speculation. A derivative transaction could serve the purpose of avoiding large losses (i.e. hedging) as well as earning a windfall (i.e. speculation). As such, one question arises: Is there any difference between gambling and derivative trading?
On Historical Contextualisation: Some Critical Socio-Legal Reflections
Lorie Charlesworth
Crimes and Misdemeanours : Deviance and the Law in Historical Perspective , 2007,
Abstract: This article examines the relationship of historico-legal studies to the wider context of socio-legal studies. It issues a challenge to rethink the nature and role of legal history in the light of socio-legal theory and the extent to which it out to be used by legal scholars. The discussion explores the benefits to socio-legal studies of interdisciplinarity. It suggests that historical reconstructions that contextualise the law should be properly acknowledged as a subgenre at least of the socio-legal movement, not simply perceived as an add-on methodology.
Open Access to Legal Scholarship: Dropping the Barriers to Discourse and Dialogue  [cached]
Richard Danner
Journal of International Commercial Law and Technology , 2012,
Abstract: This article focuses on the importance of free and open access to legal scholarship and commentary on the law. It argues that full understanding of authoritative legal texts requires access to informed commentary as well as to the texts of the law themselves, and that free and open access to legal commentary will facilitate cross-border dialogue and foster international discourse in law. The paper discusses the obligations of scholars and publishers of legal commentary to make their work as widely accessible as possible. Examples of institutional and disciplinary repositories for legal scholarship are presented, as are the possible impacts of such initiatives as the Durham Statement on Open Access to Legal Scholarship.
Do discurso monológico da consciência aos gêneros do discurso From monologic discourse of consciousness to discourse genres  [cached]
Maria Marta Furlanetto
Revista Brasileira de Linguística Aplicada , 2010,
Abstract: Neste trabalho procuro tra ar um painel para contextualizar a importancia epistemológica da concep o dialógica e da concep o estendida de gêneros do discurso em Bakhtin e suas implica es e consequências para a vida comunitária, com ênfase para a ética. O painel se desdobra para a apresenta o de um nicho em que os gêneros do discurso funcionam como uma unidade de conhecimento que só faz sentido como prática social. A partir daí algumas implica es s o apontadas com rela o à relevancia deles em nossos atos cotidianos, com ênfase para os de caráter profissional, com base na análise e reflex o sobre experiências de sucesso e de fracasso, consideradas as categorias pragmáticas da arquitet nica de Bakhtin. In this work I present a tentative panel for the contextualization of the epistemological significance of the dialogical concept and of the extended concept to the genres of discourse in Bakhtin, and their implications and consequences for communal life, with an emphasis on ethics. The panel unfolds to present a niche in which genres of discourse work as a unit of knowledge that only makes sense within social practice. From that point I call attention to some implications in relation to their relevance along our quotidian acts, especially those acts of professional character, based on the analysis and reflection on experiences of success and failure, considering the pragmatic categories of Bakhtin's architectonics.
Speech Acts and Ideology in Select Nigerian Legal Discourse
AC Ezeife
African Research Review , 2010,
Abstract: Since linguistic investigations have proved that ideology is woven in our everyday linguistic interaction, the speech acts can portray such beliefs. Affidavit, on the other hand expresses facts for official and record purposes, as a result, there is a conceived inherent notion held in the interaction. As well, numerous studies on Nigerian legal discourse have largely concerned themselves with its stylistic and pragmatic features, but none of these have worked within the constraint of a model like speech acts to show that the ideological position of affidavit is apparent in its linguistic approach. This paper is therefore interested in filling this gap, concentrating only on speech acts in affidavits. The study is significant in that it shows how a legally and socially situated text such as affidavit is ‘not perfectly free’ of the ideological groups of its originators and time. This paper therefore, investigates fifteen affidavits of three different subject matters - affidavit of loss, affidavit of change of ownership and affidavit of personal identification. The paper concludes that ideological representations in affidavits, in addition to showing the bases of the terminology and aiding their meanings, reveal how speech acts account for acts which language may be used to perform.
Para gêneros discursivos: Linguística Sistêmico-Funcional / For discourse genres: Functional-Systemic Linguistics
Márcia de Assis Ferreira
Linguagens e Diálogos , 2010,
Abstract: O artigo visa tornar evidente que a Linguística Sistêmico-Funcional (LSF) se revela uma teoria em cujos postulados as pesquisas sobre gêneros textuais podem encontrar esteio para consolidar suas bases. Visto que a LSF leva em considera o os aspectos pragmáticos do uso da língua, revelando as fun es que o código linguístico desempenha nas sociedades, configura-se como forte aliada para a compreens o formal dos gêneros. Os gêneros, por sua vez, por refletirem, linguisticamente, seja na estrutura fonológica, seja na gramatical ou semantica, o sistema da língua em funcionamento, mostram-se igualmente fonte profícua por revelarem as intera es, via linguagem verbal, feitas entre sujeitos. Por objetivar a depreens o de como a configura o linguística é construída em um gênero em particular, as rela es entre uma abordagem funcionalista da língua e gêneros textuais se mostram bastante produtivas para os estudos da linguagem.The article aims at making it clear that the Systemic-Functional Linguistics (SFL) serves as a theory in which researches on discourse genre may find fertile underpinning to consolidate their bases. As the SFL takes into account the pragmatic aspects of language use, revealing the roles that the linguistic code plays in society, it stands out as a strong ally for the formal understanding of genres. The genres, in turn, for linguistically reflecting, either in phonological, grammar or semantics structures, the language system in operation, prove to be an equally fruitful source for revealing the interactions through verbal language among subjects. By targeting the apprehension of how the language configuration is constructed in a particular gender, the relations between a functionalist and a gender-based approach to language demonstrate to be very productive for the language studies.
Gleichbehandlung als Rechtsdiskurs Equal Treatment as Legal Discourse  [cached]
Regina Harzer
querelles-net , 2008,
Abstract: Das Handbuch vermittelt ein durchgehendes Konzept: Gleichbehandlung ist nicht nur eine Angelegenheit praktischer Rechtsanwendung, sondern das Ergebnis konstruktiver theoretischer Bemühungen. Diese Bemühungen reichen weit zurück und sind modern wie nie zuvor. Alle Beitr ge zeichnen sich insgesamt durch kritische Betrachtungsweisen aus. The handbook conveys a unified concept: Equal treatment is not only an issue for practical legal application, but it is also the result of constructive theoretical endeavors. These endeavors reach far into the past and are more modern than ever before. Overall, the contributions are marked by critical perspectives.
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