KHẢO sát các QUAN hệ QUYỀN lực có TÍNH tư TƯỞNG TRONG một văn bản TOÀN cầu CÔNG ước BERNE về bảo vệ các tác PHẨM văn học & NGHỆ THUẬT

In the light of Critical Discourse Analysis CDA, my research hopes to unearth in the hope to resolve unequal social relations of power, which is ideologically used, in the “seemingly har

1 Rationale for the research

Paul Grice (1967) has ever talked about “The Cooperative Principle’, but he may have overlooked a fact that people are not always cooperative in their communications In fact, people always speak for something, write for something, express something for their own They do talk for their own sake and even in very uncooperative and unjust ways The discourses we hear and read usually contain unequal power relations between different people The power is ideologically handled, managed and manipulated for people’s own

interests and benefits, be it in a local advertisement or an international convention as an

official and legal document

And the world has globally been changing very fast in all aspects of life Accidents, wars, epidemics, natural disasters and terrorism are frequent world-wide news in the mass media

At the same time, integrations of national and transnational companies, banks and institutions are reported to take place globally almost everyday Actually, we learn about the changes of the world through a very important channel: language Anyway, whether you are a linguist or a sociologist, with a critical view, you should be conscious about events around us, with advantages and disadvantages, equality and especially inequality in the society And because language is a site of social struggles, it is of no exception for us

not to be aware of

In this thesis, we are exploring how the power relations in society with the presence of ideology are expressed or displayed through a discourse of international law The assumption we have in this study is that there is almost no equal power relationship between participants in their discourses: most of the discourses are products of unequal communication with ideologies embedded in them In the light of Critical Discourse Analysis (CDA), my research hopes to unearth (in the hope to resolve) unequal social relations of power, which is ideologically used, in the “seemingly harmless” Berne Convention (the Convention for Protection of Literary and Artistic Works) as a phenomenon of globalization

agreements or protocols belong to groups of either WIPO’s Intellectual Property (IP) protection, Global Protection System or Classification Treaties The Berne Convention, like other treaties, is a product of globalization, a mankind’s long historical process full of inequalities itself

CDA is one approach of discourse analysis We take CDA as a tool of analysis because CDA has its own history and literature in studying inequality, power relations and ideologies through discourses The research will be based upon available theoretical and experimental CDA frameworks CDA is rather new to Vietnamese researchers Before

2003, the M.A students of English in VNU-CFL mainly worked on discourse analysis, dealing with various linguistic types of discourses Since 2003, some works of Tran Thi Hong Van, Phan Van Huong, Nguyen Thi Thu Ha, Nguyen Thi Lan Huong, interested in CDA, all under the supervision of Associate Professor Nguyen Hoa , have been executed and paved the way to this discourse approach in our training institution Recently, in January 2006, the monograph in Vietnamese by Prof Nguyen Hoa “Critical Discourse Analysis - Theory and Method” has been published, enlightening us to the key concepts of the approach Anyway, perhaps, there have not yet been CDA works in Vietnam dealing with legal documents like treaties or conventions Foreign researches of the same kind, if there are any, have not reached us Conducting a critical discourse analysis of the Berne Convention in the context of globalization nowadays, the researcher wishes to contribute, to

a certain extent, to the study of this legislative genre However, our aim is not to study law but rather the language used And, frankly speaking, I am among the people who are questioning the global agreements: are they bringing anything good to the world, especially to the working people in the developing countries?

Any text, when encoded, will bear the imprints of its writer/speaker, our job is to decode it for the most appropriate interpretation, especially when we are doing a CDA on a convention, an international legal text Because we are seeking for the ideological semantic uses of language, we are interested in what people mean, how they mean and what attitude they show in the wordings, grammatical features and textual structures of a text

relations of power in The Berne Convention through the contexts of globalization as a social environment at large Especially, I hope to point out some prominent linguistic uses

in terms of vocabulary, grammar, discourse structure and the social differences functioning ideologically to reveal unequal hidden power relations in the The Berne Convention The critical view is therefore mainly from the aspects of linguistics

Practically, I am thinking of contributing to the teaching and learning of English in Vietnam with certain implications: the awareness of the ideological inequality in any language and in any field (and in English legal discourses in particular) with its political and social reasons and by linguistic means with the understanding that discoursal cognition

is the first step towards social justice gaining and social changes

3 The object and scope of the study

With the aims I am pursuing, the object of the thesis should be nothing other than the power relations revealed ideologically in the discourse (the language in use) of a convention in the context of globalization More exactly, the thesis is exploring why we say the power relations are embodied ideologically in some prominent linguistic means in

vocabulary, grammar, textual structure and the social ‘differences’ between social classes,

between developed and developing countries The context now is the fast and wide globalization and severe distinction about the rights of intellectual property possession I will analyze the discourse of the Berne Convention for the Protection of Literary and Artistic Works (consisting of 35 pages with 38 articles and an appendix of 4 articles) as an international legislative document

4 Research assumptions and research questions

Conducting this research, I assume that:

- There are power relations ideologically embedded in the discourse of the said Convention

- There are linguistic tools to express the power relations in the discourse

- There are social reasons for the linguistic uses

-Are there any power relations ideologically embedded in Berne Convention discourse? -If yes, what linguistic tools (in terms of vocabulary, grammar and textual structure, social differences) have been used?

-And the reason why?

5 CDA theory formation & the research methodology

Wodak (2003: 6) has stated that:” It is quite difficult to make consistent statements about the theoretical foundation of CDA There is no such thing as a uniform, common theory formation determining CDA; in fact, there are several approaches ” The theoretical foundation of CDA cannot be clearly defined but we must decide what analytical framework and what methodologies to take for a research CDA 1s both a theory and a method (Chouliaraki and Fairclough, 1999) It is a method because it is one of discourse analysis approaches It is a theory because it should establish a theoretical framework The point is that CDA relies on many disciplines To do this analysis of Berne Convention, I have decided to adopt Fairclough’s textual analysis on the basis of Halliday’s functional grammar Nguyen Hoa (2006) calls this approach the Systemic Functional CDA The description of this approach will be presented in the Chapter H, where I work on the methodologies and procedures of the research

6 Design of the thesis

The thesis will be written in five parts:

The first part of the thesis is the introduction It consists of the rationale of the study, scope of study, aims of the study/ research questions, research assumptions, and methods

of the study and design of the study

Chapter | will brief out the theoretical background, including CDA (its components, history, principles, characteristics and methodologies); ideology and power relations in discourse; the importance of Systemic Functional Grammar (M A K Halliday) in CDA; globalization process: who win? WIPO, Berne Convention and Intellectual Property; copyright or copyleft?; law and language of legal text

Chapter 3 provides a data analysis and discussion of the results, basically relying on Fairclough’s three-step analysis: description, interpretation and explanation of a text

The last part will be used as the conclusions of the thesis The chapter is made up by the conclusion, the implications to teaching and learning English, the limitations of the thesis

and the recommendations.

1.1 CDA AS AN APPROACH OF DISCOURSE ANALYSIS; HISTORY OF CDA

For a long time, researchers have been discussing such issues as forms and functions of language Discourse Analysis (DA) is more interested in functions and social contexts than linguistic forms or structures in comparison with text analysis CDA has then emerged It does not only focus on language functions but also pay much attention to the social structures which constrain the language uses on one hand and are constructed by discourses

on the other CDA has developed as one independent approach of DA

The 1970s of the 20th century saw the transition of the focus of linguistic researches from formal aspects of language, dealing with ‘langue’ and the speakers’ competence (Saussure, 1966; Chomsky, 1957) which isolated language from its use to functional ones The relationship between language and context was then considered, focusing on speakers’ pragmatic and sociolinguistic use (Labov, 1972, Hymes, 1972) Anyway, the researches mostly aimed at language description and explanation, not social hierarchy and power The works of such scholars as Kress and Hodge (1979), Fowler et al (1979) have established a trend for the linguists like van Dijk (1985), Fairclough (1989), Wodak (1989), Scollon (1997) to built a discipline known to us as Critical Linguistics (CL) in the 1970s and CDA

in 1990s when it was more consistently used for linguistic analysis

Actually, the contemporary CDA has recently been activated as a network with a group of

scholars: Teun van Dijk, Norman Fairclough, Gunther Kress, Theo van Leeuwen and Ruth

Wodak In a small symposium in Amsterdam in January 1991, these researchers got together for two days to discuss theories and methods of discourse analysis and especially CDA The analysts of different approaches had a good chance to confront each other with the distinct views Wodak (2001: 4) wrote:

In this process of group formation, differences and sameness were exposed; differences towards other theories and methodologies in discourse analysis and sameness in a programmatic way which could frame the differing theoretical approaches of the various biographies and schools of respective scholars

critical discourse analysis paradigm and CDA was different from other political discourse analysis The basic assumptions of CL or CDA offered by Kress (1989) were:

- Language is a social phenomenon;

-Not only individuals, but also institutions and social groupings have specific meanings and values that are expressed in language in systemic ways;

- Text is the relevant units of language in communication;

- Readers/hearers are not passive recipients in their relationship to texts;

- There are similarities between the language of science and the language of

institutions, and so on

Fowler et al (1979, 19991, 1996) contributed to the early foundations of CL and showed that theories as Chomskyan grammar and Halliday’s systemic functional grammar were helpful and

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can be used to ‘’uncover linguistic structures of power in texts” (Wodak, 2001: 6)

Norman Fairclough (1989) considered the social theories as a ground of CDA and gave numbers of examples of textual analysis to illustrate the CDA field, aims and methods In the later works (1992, 1995, and 1999 with Chouliariki) he pointed out the CDA analytical framework for exploring the relationship of language, power and ideology as well as contemporary social and cultural change Fairclough also proved that language of the mass media is the site of power and struggle where language is clearly involved Fairclough used Marxist tradition and study the linguistic manifestation in discourse to work on social conflict, focusing on dominance, different and resistance with the view that every social practice has a semiotic element About Fairclough, Meyer (2001: 22) wrote:

Productive activity, the means of production, social relations, social identities, cultural values, consciousness, and semiotics are dialectically related elements of

social practice He understands CDA as the analysis of the dialectical relationships between semiotics (including language and other elements of social practice) The constitution of genres and styles are decided by the semiotic aspects of social practice Order of discourse is the semiotic aspect of social order The approach used by Fairclough

is between focus on structure and action Fairclough is always aiming at emancipation and

Teun van Dijk (1977, 1981) has been interested in text and discourse as basic unit and social practice, in units of language larger than sentences and the dependence of text on context for meaning The development of van Dyk with Kintsch (1983) in a cognitive model of discourse understanding from individuals to societal level can help us explain the construction of meaning He tends to refer to socio-psychological research, arguing that social representation plays an important part of a theory of context Social actors rely on collective frames of perceptions (social representations) and the individual cognitive system to translate, homogenize and co-ordinate the external requirements and subjective experience Hence, Meyer (2001: 21) repeated Wagner’s statement (1994):

This assumption is not new Social representations are shared amongst members

of a social group Thus they form a core element of the individual’s social identity Van Diyk’s ‘Handbook of Discourse and Analysis’ (1985) is ‘the state of the art’ of critical linguistics in the mid-1980s, a tool in the investigation of other social phenomena Van

Dyk (1985, 1986) worked on media discourse, dealing with communication, various

theories and applications in production, uses and functions of media discourse In his joint work with Wodak (2000), he developed a theoretical model explaining cognitive discourse processing mechanisms after his focusing on issues of racism and ideology (1998)

Wodak has indicated that, in CDA, language is seen as a social practice Context of language use is crucial The linguists are interested in the relation of language and power They see the larger discursive unit of text to be the basic unit of communication Wodak (2001: 2) wrote:

This research specifically considers institutional, political, gender and media discourses (in the broadest sense) which testify to more or less overt relations of struggle and conflict

CL and CDA concern with analyzing opaque as well as well as transparent structural relationship of dominance, discrimination, power and control as manifest in language It

” (Wodak, 2001: 2) Wodak has also mentioned Habermas’s claim (1977) that language is also a medium of domination and social force, serving to legitimize relations of organized power, being ideological Wodak has been interested in three concepts: power, history and ideology Wodak belongs to the historical CDA approach which states that every discourse

is historically produced and interpreted, that is, it is situated in time and space She agreed that “Functional systemic linguistics proved to be most important for the text analysis undertaken by this school” Wodak talked about other roots of CL and CDA in classical rhetoric, text linguistics and sociolinguistics, applied linguistics and pragmatics in which

“the notions of ideology, power, hierarchy and gender, and static sociological variables were all seen as relevant for an interpretation or explanation of text” and “Gender issues, issues of racism, media discourses or dimensions of identity research have become very prominent” (2001: 3) She thought all small qualitative case studies or large data corpora from fieldwork and ethnographic research can be used as methodologies for the CDA

Wodak wrote that by the end of 1980s, CL was able to describe its aims, research interest,

chosen perspective and methods of analysis much more specifically and rigidly than hitherto She said she had listed, explained and illustrated the most important characteristics of critical linguistic research Especially, historical perspective was introduced as the discourse —historical approach with its necessity Wodak (1996) wrote about the common focus of the concepts of power, ideology and history from different scholars of different scholarly backgrounds who engaged in linguistic, semiotic and discourse analysis

Siegfied Jager belongs to the Duisburg school which was much influenced by Michael Foucault’s theories He focuses on ‘collective symbols’ that have cohesive functions in texts He is interested in linguistic and iconic characteristics of discourse Jager studies the meditation between subject and object, discursive and non-discursive practices (or activities) as well as the manifestation (or object) The meditation is done by work, activity and non-discursive practices The social subject is the link between discourse and reality Meyer (2001: 20) has shown that Jager’s works are influenced by Foucault (structuralism for relationship of discourse and reality), Ernesto Laclau (social constructivism for

epistemological position) and Jurgen Link (notion of discourse as consolidated concept of speech) He aims at analysis of discourse and dispositives (a concept covering discursive and non-discursive practices and materializations) Jager (1993) sees discourse, with historical roots and is interwoven, as a flow of text and speech through time His analysis 1s done in several steps in an explicit research program and methodology

Ron Scollon is a micro-sociologist in CDA With the notions like mediated action, site of engagement, meditational means, practice, nexus of practice, community of practice, scene and action surveys, focus group, chains of mediated action and practice and so on, he proposes a ‘mediated discourse analysis (MDA), focusing on “ social actions through which social actors produce the histories and habitus of their daily lives which is the ground in which society is produced and reproduced” (Scollon, 2001: 140) For him, social actions are mediated by cultural tools or mediated means and language (or discourse) 1s probably the most salient and common meditational means, mainly on empirical grounds Scollon’s micro and macro levels of action (Scollon, 2001: 146) are linked by mediated

action, site of engagement, meditational means, practices, the nexus of practice, and the

community of practice In fact, Scollon aims to study the relation of social issues and the daily discourse to fully account for the practice of the participants in the habitus and particular social action

1.2 PRINCIPLES & OBJECTS OF CDA;

CDA = CRITICAL + DISCOURSE + ANALYSIS

1.2.1 CDA principles & prominent objects

CDA, as its name implies, must be a kind of discourse analysis But what makes it different from other methods? Why is it critical? Anything special about the discourse? And why is

it an analysis? The answers to the first questions are, in a way, given in the statement of Rogers, R , and (2004: 2):

CDA is both a theory and method Researchers who are interested in the relationship between language and society use CDA to help them describe, interpret, and explain such relationship CDA is different from other discourse analysis methods because it not only a description and interpretation of discourse

in context, but also offers an explanation of how and why discourses work CDA is

a domain of critical applied linguistics

Talking about CDA, Tern A van DIJk (1993: 252) also pointed out:

CDA does not primarily aim to contribute to a specific discipline, paradigm, and school or discourse theory It is primarily interested and motivated by pressing social issues, which it hopes to better understand through discourse analysis ” Rogers (2004: 6) has explained the dissension between the researchers mainly because of the analytic procedures which, in fact, depend on the definitions of critical, discourse and the intentions in conducting the analysis When some methods more focus on the linguistic aspects, others emphasize the context of the discourse or the historical emergence of the concepts or policies Some methods pay attention equally to both language and social theory, which Fairclough called ‘textually oriented’ Anyway, there are eight principles of CDA offered by Fairclough and Wodak (1997), which are known to us:

- CDA addresses social problems

- Power relations are discursive

- Discourse constitutes society and culture

- Discourse does ideological work

- CDA is a socially committed scientific paradigm

Looking at the principles, we see that CDA does not only work on texts but also the social environment in which it emerges This can been seen more clearly when we know that Wood,L A and Kroger, R O (2000) wrote about eight theoretical approaches to CDA introduced by Fairclough and Wodak (1997) and briefed prominent objects of these approaches:

- To study relation between linguistic form and ideology and the way in which various aspects of grammar (syntax and semantics) are connected to power and control

- To analyze systems of meaning from the viewpoint of social structure and processes rather than taking the structure of language as the starting point for analysis, and to extend the analysis beyond verbal language, that is, to other sign system

- To link linguistic analysis to social analysis Discourse (language use) is viewed

as social practice A three dimensional framework to analyze linkages between discourse, ideology, and power “The aim is to map three separate forms of analysis onto one another: analysis of (spoken or written) language texts, analysis

of discourse practice (processes of text production, distribution and consumption) and analysis of discursive events as instances of socio-cultural practice ”’

- To carry out an extensive program of work on ethnic prejudice, racism, and related topics, involving multiple levels and types of analysis, for example, participant’s positions, speech acts, topics, text schemata (argumentation), propositional structures of clauses and sentences, variations of syntax and lexicon, and rhetorical features There’s an emphasis on cognition as the mediator of discourse and social structures

1.2.2 CDA: Critical

It is interesting enough to ask why CDA 1s critical We know that Critical Discourse Analysis is a type of discourse analytical research that primarily studies the way social abuse, dominance and equality are enacted, reproduced and resisted by text and talk in the social and political context With such dissident research, critical discourse analysts take explicit position, and thus want to understand, expose and ultimately to resist social inequality (van Dijk, 1998: 1)

Rogers (2004: 3) has pointed out that the term critical is associated with studying power relations It is rooted in the Frankfurt school of critical theory, which is a rejection of naturalism, rationality, neutrality and individualism It argues for dialectic between individual agency and structural determinism Kress (1990) indicated that the term CL was quite self-consciously adapted from its social-philosophical counter-part, as a label by the group of scholars working at the University of East Anglia in the 1970s As with all research, the intentions of critical discourse analysts are not neutral Corson (2000) has written that his aim is to “explore hidden power relations between a piece of discourse and wider social and cultural formations” and to have an interest in “uncovering inequality, power relationships, injustices, discrimination, bias, etc” Rogers has gone further to add

that another interpretation of the term critical in CDA 1s the attempt to describe, interpret, and explain the relationship between the form and function of language The assumption 1s that certain networks of form-function relationships are valued in society more than other Wodak (2001: 9) wrote:

The notion of ‘critique’ which ts inherent in CDA program is also understood very differently: some adhere to the Frankfurt school, others to a notion of literary

criticism, some Marx’s notion

And she explained:

Basically, ‘critical’ is to be understood as having distance to the data, embedding data in the social, taking a political stance explicitly, and focus a self reflection as scholars doing research

Wodak pointed out that the application of the results is important Because that will be helpful for the teachers, doctors or civil servants in the seminars in their writing books or giving expert opinions As Wodak is one of the researchers of historical approach, she paid more attention to this aspect of the word ‘critical’ She mentioned Max Horkheimer:

The tasks of critical theory were to assist in ‘remembering’ a past that was in danger of being forgotten, to struggle for emancipation, to clarify the reasons for such a struggle and to define the nature of critical thinking itself

Fairclough (1989, 2001) declared in the book (Language and Power) that he writes about social problems: “ as a socialist with a low opinion of the social relationships in my society and commitment to the emancipation of the people who are oppressed by them” Teun van Dijk (2001: 96) has shared the same idea when he calls CDA ‘a discourse analysis with attitude’

1.2.3 CDA: Discourse

Linguists like Ferdinand de Saussure or Noam Chomsky have ever aimed to study formal properties of language independently of social interaction and context They considered linguistic units in isolation from the purposes this semiotic system designed for, that is: to serve human needs In the later discoveries, language is recognized to have different

‘functions’ called ‘representative & expressive’ (Bushler, 1934), ‘referential & emotive’

(Jakobson, 1960), ‘ideational & interpersonal’ (Halliday, 1970), “descriptive & social- expressive’ (Lyons, 1977) or ‘transactional & interactional’ (Brown, G & Yule, G.,1983)

as shown by Brown, G & Yule, G (1983: 1) In fact, language always has a formal and functional unity as the two sides of a same paper sheet Language forms are always used for some communicative purposes and the expressions of some human information,

emotion, desires etc

About text and discourse, Nunan, D., (1992: 7), has claimed that the term text should be used to refer to any written record of a communicative event and the discourse to the interpretation of the communicative event in context We know that a text is the product of

a communicative process and discourse itself is that communicative process Nguyen Hoa (2003: 34) recalls Winddowson’s (1984: 100) definitions:

Discourse is a@ communicative process Its situational outcome is a change in a state of affairs: information is conveyed, intentions made clear, its product is Text About the “discourse” component in CDA, Rogers showed that CDA framework traces its linguistic genealogy to critical linguistics and systemic functional linguistics Language responds to the functions of language use and has different functions to perform Language

is use is always social and analyses of language occur above the unit of a sentence or clause Another thing is the difference between little‘d’ and ‘D’ discourse Little‘d’ refers

to language bits or the grammar of what is said “D’iscourse refers to the ways of representing, believing, valuing, and participating with the language bits Form of language cannot exist independent of the function of language, and the intension of speakers Big ‘D’

is not only a pattern of social interaction but it is connected to identity and the distribution

of social goods

1.2.4 CDA: Analysis

We can also refer to Nguyen Hoa for the answer to the question why the theory/method is called ‘discourse analyses (not, for example ‘discourse study’)? This is, according to Nguyen Hoa (2003: 14), due to change of a shift from traditional theoretical study to the analysis of use It also proves the change in viewpoints about the nature of language Nowadays, the object of discourse analysis is language in socio- cultural conditions, not an idle object — “a langue” as the distinction between ‘langue’ and ‘parole’ of F de Saussure

Thus, the present research methodology does not consider sentence the largest unit of language It also covers other categories belonging to the nature of linguistic operation like coherence, the relationships of language, and communities of language users and the influences of the factors from situational contexts Language is no longer a simple a communicative tool but a social fact and practice, a way of life, an action and a part of a culture Discourse becomes the interest of linguistics, sociology, ethnography, philosophy, political sciences, cultural studies etc Hence, there is no pure discourse analysis but a combination of different analytical approaches and methods The most common feature of these approaches and methods is the use of the linguistic system and functions in the processes of social interaction with concrete linguistic forms in certain specific contexts

1.3 IDEOLOGY & POWER RELATIONS;

THE IMPORTANCE OF SFG

1.3.1 Ideology& power relations

Ideology and power are among the key concepts of CDA Wodak (2001) has shown that the concept of ideology first appeared in the late eighteenth century France (Thompson, 1990) and has been used until now Thompson has decided that it is social forms and different processes within which and by means of which, symbolic forms circulate in the social

world

Ideology is an important aspect of establishing and maintaining unequal power relations Wodak, basing on Thompson’s ideas, wrote that the study of ideology is the study of the ways in which language mediate ideology; meaning is constructed and conveyed by symbolic forms of various kinds This study also investigates the social context in which certain symbolic forms are and are not used The determination whether such forms establish or sustain relations of domination is the job of the researcher Wodak repeated the statement of Eagleton (1994), regarding all theorists’ assumption “that there are specific historical reasons why people come to feel, reason, desire and imagine as they do” For Wodak, CL and CDA act as guides for human actions, aiming at enlightenment and emancipation by describing, explaining and rooting out a particular kind of delusion And

“One of the aims of CDA is to ‘demystify’ discourse by deciphering ideologies” Van Dijk

(2004: 2) wrote: “ whatever else ideologies are, they are primarily some kind of ‘idea’, that is, belief systems’’ Fairclough (2001: 27) has talked about ideology:

Institutional practices which people draw upon without thinking often embody assumptions which directly or indirectly legitimize existing power relations Practices which appear to be universal and commonsensical can often be shown to originate in the dominant class or the dominant bloc, and to have become naturalized Where types of practice, and in many cases types of discourse, function in this way to sustain unequal power relations, I shall say they are functioning ideologically

Wodak has argued that because language is not powerful on its own but obtains power from the language users, CDA critically analyses the language of those who have power and it’s them who are responsible for the social inequalities as well as who can improve the situations To understand properly the functions of language in constituting and transmitting knowledge, in organizing social institutions or exercising power, an interdisciplinary research is required Quite often, people of different power involve in a text These people produce text discursive differences which need to be negotiated, encoded and determined by discourse and genre Wodak (2001: 11) wrote:

Therefore texts are often sites of struggle in that they show traces of differing discourses and ideologies contending and struggling for dominance A defining feature of CDA is its concern with power as a central condition in social life, and its efforts to develop a theory of language which incorporates this as a major premise Not only the notion of struggles for power and control, but also the intertextuality and recontextualization of competing discourses are closely attended

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Van Dijk (1998: 5) wrote about social power of group or institutions in terms of control:

group have (more or less) power if they are able to (more or less) control the acts and minds of (members of) other group

He also wrote about different types of power, basing on force, money, knowledge, information, authority etc They may be integrated in laws, rules, norms, habits and even consensus or ‘hegemony’ Power resources may be the accessing to specific forms of discourse, influencing people’s minds or persuading/manipulating people to indirectly influence them He wrote that CDA focus on the abuse of power, especially on dominance

by controlling people’s belief and actions in the interest of dominant groups, against the

interests or the will of the others

Fairclough (2001: 39) indicated:

Power in discourse is to do with powerful participants controlling and constraining the contributions of non-powerful participants” with three types of constrains, on content (what is said or done), relations (the social relations people enter into in discourse) and subjects (or subject positions people can occupy)

In fact, power is about relations of difference and effects of differences in social structures Language is used to index power, express it, involve when required and also to challenge power Almost every linguistic form has been, at a certain point of time, used to express power The ways the expression and manipulations of power are used by linguistic forms are the focus of interest of CDA, considering grammatical forms in a text and individual’s choice of a certain genre of a text where power is exercised and challenged

1.3.2 Why SFG?

When discussing the relationship between CDA and linguistics, Chouliaraki and Fairclough (1999:139) has talked about CDA and systemic functional linguistics (SFL), a linguistic theory, as the main source for textual analysis A complementary relationship between SFL and CDA was explained by Fairclough (2003:5):

SFL is profoundly concerned with the relationship between language and other elements and aspects of social life, and its approach to the linguistic analysis of texts is always oriented to the social character of texts This makes it a valuable source for critical discourse analysis, and indeed major contributions to critical discourse analysis have developed out of SFL

And Fairclough and Chouliaraki (1999: 139) wrote:

It is no accident that critical linguistics and social linguistics arose out of SFL or that other work in CDA has drawn upon it-SFL theories language in a way which harmonizes far more with the perspective of critical social science than other theories of language

CDA certainly needs a specific grammar It is because: “A discourse analysis that is not based on grammar is not an analysis at all, but simply a running commentary on a text “ (Halliday 1994: xvi)

And the kind of grammar CDA needs should be systemic functional grammar (SFG) Wodak (2001) mentioned the development of a critical tradition in discourse analysis resting on systemic functional grammar of Halliday, sociolinguistics of Bernstein, literary

and social philosophies of Pecheux, Foucault, Habermas, Bakhtin and Voloshinov Wodak

emphasized the importance of Hallidayan systemic functional grammar for all analysts of different approaches working on micro-linguistic features, macro linguistic features, textual, discursive or contextual features whether from philosophical, sociological or historical point of views She was certain that: “ an understanding of the basic claims of Halliday’s grammar and his approach to linguistic analysis is essential for a proper understanding of CDA” This is because: “Halliday had stressed the relationship between the grammatical system and the social and personal needs that language is required to serve” Fairclough (2001: 11) clearly showed his interest in Halliday’s systemic functional

grammar:

In the study of grammar it would find ‘functionalist’ approaches (such as that of the systemic linguistics associated particularly with Michael Halliday) more helpful than ‘formalist’ approaches (such as that of Noam Chomsky and his associates)

To understand what SFG is to make it so important to CDA, we need to revise some of its key ideas and concepts in Chapter II

1.4 GLOBALIZATION PROCESS: WHO WINS?

A global document is a product of the globalization process In the light of Critical Discourse Analysis, a global document is not only a linguistic discourse of socio-political reflection but it also helps to construct and build power relations ideologically in language The Berne Convention, for example, is one of the international agreements the world need

“to protect the rights of the authors of literary and artistic works” (in fact, to protect the rights of the real owners of the economy-the capitalists led by huge capitalist groups in

some affluent countries) These agreements, in their turn, have established a new order of

the world where most people live their miserable lives of “dos” and “don’ts” to obey laws

of the contemporary time

But what is globalization? Is it good or bad? What countries are the most global? Is there a

‘swallowing’ of ‘giant’ towards other developing economies during globalization? Who will be “the winner of the world game’? Whether or not globalization is controllable? They say one vivid image of globalization is about a moth fluttering its wings in southern Mexico which sets off a chain of events spanning the globe, ultimately causing a typhoon

in Australia The scholarly definitions of globalization are very variable In fact, there are numbers of ideas about what globalization is The globalization introduction web page of Center for Strategic & International Studies (2002) wrote:

Globalization is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology This process has effects

on the environment, on culture, on political systems, on economic development and prosperity, and on human physical well-being in societies around the world Fred W Riggs (in a web page updated in 2000) collected different ideas about globalization that would be introducing at World Sociology Congress in Montreal, July

1998, in which Tehranian showed that:

Elements of globalization include transborder capital, labor, management, news,

images, and data flows The main engines of globalization are the transnational corporations (TNCs), transnational media organizations (TMCs), intergovernmental organizations (IGOs), non-governmental organizations (NGOs), and alternative government organizations (AGOs) From a humanist perspective, globalization entails both positive and negative consequences: it is both narrowing and widening the income gaps among and within nations, intensifying and diminishing political domination, and homogenizing and pluralizing cultural identities

The arguments about globalization, despite their variety, have some points in common Globalization is not a new emerging phenomena but the one which has been going on for a long time, even perhaps thousands of years It seems to be more critical since the end of

‘the Cold War’, marking by the break of the Soviet Union and the socialist bloc in 1990s,

together with the expansionism of the empires, especially United States Globalization is a process of interaction and integration world-wide in the fields of economy, politics, ecology, culture, communication, finance and technologies Some other concrete aspects of globalization mentioned may include the global “Third World” urbanization, investment, political negotiation, industrial and trading development, social conflicts, disruption and

racism, democracy, migration, labor, services etc

During the process of globalization, people have shown their concerning in their attempts to reduce the gaps between companies, organizations, nations and make them more independent but, in fact, make them more dependent, more seriously different than ever It

is said that the process operates as a natural rule, which can hardly be denied or obtained subjectively Due to their innocence or purposeful ignoring, some people have compared it with a flame and said we cannot say globalization is good or bad Is that true? And, if not, who will win the battle of globalization? We know that in the ‘game’ of the world, as a rule, there must hardly be ‘a fair play’ between the rich and the poor, the prosperous and the lack, the developed and the underdeveloped The ‘law’ always supports the superior As

a product of globalization, the Berne Convention has been signed and made to sign by the powerful to establish a control over the disadvantaged And the social differences become more acute The poor countries cannot freely enjoy the fruits of progressive technological cultural and artistic values because they cannot afford them And they become poorer, of

course

1 Ireland 6 Finland 11 Norway 16 Czech Republic

2 Switzerland 7 Canada 12 United States 17 Spain

3 Singapore 8 Denmark 13 France 18 Israel

4 Netherlands 9 Austria 14 Germany 19 New Zealand

5 Sweden 10 United Kingdom 15 Portugal 20 Malaysia

Table 1 The top twenty global nations of the world

One word “GLOBALIZATION” for all but only the poor will go on to be exploited Perhaps, instead of asking whether the globalization is controllable we should rather wonder if the superior, the capitalists now in our time, will abandon their rights to control the world by pushing this process forward for their benefits, making use of this ‘troubled waters’ In a disadvantageous position, the inferior must sell their labor and ‘their souls’ — the best intelligence they may have — for any cost

In some countries, the globalization process takes place very severely According to the second annual Globalization Index created by A T Kearney, Inc and "Foreign Policy" magazine, these are the top twenty global nations of the world (Table 1) in their order The magazine used an index with a broad range of indicators including: internet users, servers, and hosts; memberships in international organizations; international travel; international telephone traffic and other data beside traditional economic indications as globalization and taxation and the digital divide among various regions of the world; and a chart titled

"Globalization and Happiness” to report the level of satisfaction with life in different

societies

Among the indexes, we find out the memberships in international organizations to be one

of criteria to measure the levels of globalization No doubt that the Berne Convention, an agreement which involves nearly 200 countries, is itself an index of globalization!

1.5 WIPO, THE BERNE CONVENTION & INTELLECTUAL PROPERTY

COPYRIGHT OR COPYLEFT: THE STRUGGLE HAS NEVER CEASED

If it is true that membership in international organizations is one of criteria to measure the levels of globalization, it must be much truer about the memberships of the countries joining WIPO WIPO its an international organization which is said to promote the use and protection of works of the human spirit And they say these works - intellectual property - are expanding the bounds of science and technology and enriching the world of the arts Through its work, WIPO “plays an important role in enhancing the quality and enjoyment

of life, as well as creating real wealth for nations” With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialized agencies of the United Nations system of organizations The Organization counts 183 nations as members

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement about copyright It was first adopted in

Berne, Switzerland in 1886 The Berne Convention is one of the first two constituent

conventions of WIPO It is stated that the aim of this Convention 1s to help nationals of its member States obtain international protection of their nght to control, and receive payment

for, the use of their creative works such as: novels, short stories, poems, plays; songs, operas, musicals, sonatas; and drawings, paintings, sculptures, architectural works The

Berne Convention requires its signatories to protect the copyright on works of authors from other signatory countries (known as members of the Berne Union) in the same way it protects the copyright of its own nationals, regardless of where it was originally created Actually, all other non-members of the Berne Convention must also obey it because of their rights and benefits tied up to other UN organizations, for example WTO, according to TRIPs (trade-related aspects of intellectual property rights) Agreement Eventually, the earth is round and, this way or that way, every nation must work under the same sky of the

same rulers and bosses

The Berne Convention followed in the footsteps of the Paris Convention of 1883, which in the same way had created a framework for “international protection” for the other kinds of intellectual property: patents, trademarks and industrial designs Like the Paris Convention, the Berne Convention set up a bureau to handle the administrative tasks In 1893, these two small bureaux merged and became the United International Bureaux for the Protection of Intellectual Property (known as BIRPI, a French acronym), situated in Berne In 1960,

BIRPI moved from Berne to Geneva, to be closer to the United Nations and other

international organizations in that city, and in 1967 BIRPI became WIPO, an organization within the United Nations since 1974 The Berne Convention was revised in Paris in 1896

and in Berlin in 1908, completed in Berne in 1914, revised in Rome in 1928, in Brussels in

1948, in Stockholm in 1967 and in Paris again in 1971, and was last amended in 1979

As of January 2006, there are 160 countries which are parties to the Berne Convention On

March 1, 1989, the US “Berne Convention Implementation Act of 1988” came into force

and the United States became a party to the Berne Convention On October 26", 2004,

Vietnam has become the 156th full - member of this convention As Vietnam is a member

of WIPO, there are WIPO agreements Vietnam is involved in as a contractor (Table 2- information is from the webpage of WIPO)

Once we mention IP, we mean to speak about “creations of the mind”: inventions, literary

and artistic works, and symbols, names, images, and designs used in commerce of two

categories: Industrial property and Copyright The World Intellectual Property Day is on April 26 each year since its inception in 2001

IP has been purposely developed into a system, from the introduction to the world to a type of assert with the help of authorities by law In the hands of the capitalists, it has evidently become “a powerful tool for economic growth” nowadays Controlling of IP under the label “protection”, whether “industrial property” or “copyright”, the capitalists are turning their doughnut into dollars, their rights to master the world essence into the properties of their own

Contracting parties Treaty Status | Entry in Force

Viet Nam Berne Convention In Force || October 26, 2004

Viet Nam Brussels Convention In Force | January 12, 2006 Viet Nam Madrid Agreement (Marks) | In Force | March 8, 1949 Viet Nam Madrid Protocol In Force | July 11, 2006

Viet Nam Paris Convention In Force | March 8, 1949

Viet Nam Phonograms Convention In Force | July 6, 2005 Viet Nam WIPO Convention In Force | July 2, 1976

Table 2 Vietnam and WIPO agreements

The Berne Convention is establishing to “protect copyright” But the world is not always harmonious Everything has its bright and dark sides, its right and left directions There are always struggles between different classes in a society We know that there is, for example,

anti-copyright movements in which people think that copyright will limit creative output, impose on them by central authorities, limit their potential outreach, and make them learn the language which is disadvantageous to them They believe that the ideas should belong

to a common human heritage rather than a monopoly of a rich and, therefore, powerful group In fact this ‘law’ protects the incomes and wealth of copyright holders, many of whom are not the original developers In the movement protesting copyright, we can see the notices like:

Anti-Copyright! Reprint freely, in any manner desired, even without naming the source! The emergence of ‘copyleft’ is a lively example of the struggle against copyright Copyleft

is a play on the word “copyright” and is the practice of using copyright law to remove restrictions on the distribution of copies and modified versions of a work for others and require the same freedoms be preserved in modified versions

Most commonly, copyleft is implemented by a license defining specific copyright terms applied to works such as software, documents, music, and art Whereas copyright law, by default, automatically restricts the right to make and redistribute copies of an author's work,

a copyleft license uses copyright law in order to ensure that every person who receives a copy of a work has the same rights to study, use, modify, and also redistribute both the work, and derived versions of the work as long as the same license terms apply to all redistributed versions of the work Thus, in a non-legal sense, copyleft is the opposite of copyright Common practice for using copyleft is to codify the copying terms for a work with a license Any such license typically gives each person possessing a copy of the work the same freedoms as the author, including:

The freedom to use and study the work,

The freedom to copy and share the work with others,

The freedom to change the work,

And the freedom to distribute changed and therefore derivative works

The copyright — copyleft opposition is only one among many struggles in the society Will the struggles cease? The truth is : the advantages always belong to powerful groups of people who control the world’s finance, market, technologies, politics including IP and

laws As long as men live in this world, they will still struggle and never cease: the struggle

between men and women, young and old, wife and husband, executives and bosses etc

Above all, the class struggles for voicing, for the mghts and benefits, for “the being” between social classes are always the most critical ones The discourses of law are just ones which embody those struggles And it has its own features

1.6 LAW & LANGUAGE OF LEGAL TEXT

We are analyzing the Berne Convention, a legal discourse According to The Oxford Advanced Learmers’ Dictionary (1992), treaty is a formal agreement between two or more

countries and convention is an agreement between states, rulers, etc that is less formal

than a treaty These agreements are kinds of international law But what are the functions of law? What are the characteristics and principles of international law? What about the functions of legal documents in general and conventions in particular? What are the common social and linguistic features of the legal documents? What about the object of our analysis — the Berne Convention?

Discussing the functions of legal documents and their characteristics, we should think of their roots: the functions of law (and international law) L H Hanh & D T Hien (2004: 42) claim that the functions of law are to settle the disputes, maintain order, constitute a frame work within which certain common expectations about transactions, relationships, planned happenings, and accidents of daily life can be met Law aims at securing efficiency, harmony, and balance in functioning of the government machinery Law protects citizens against excessive and unfair government power Law is not indifferent to ethical or moral duties in serving the public welfare and the law is not an end in itself but it

is a means for achievement of social ends Dao Tri Uc has also stated that law has functions in 1) regulating the social relations, defending through warning 2) preventing or settling the possible violations or violating behaviors towards established maintained social relations, and 3) educating citizens to obey social rules and orders

The Berne Convention must share more or less all of above properties For example, once

becomes law, it may interfere to settle the disputes, maintain order, constitute a frame work

within which certain common expectations about transactions, relationships, planned

happenings (relating to copyright); it also acts as a means for achievement of social ends (for the benefits of the socialists); It may involve in regulating the social relations, (between dominating classes and dominated ones, developed countries and developing ones); defending through warning (the non-members of Berne Union, for instant) ; preventing or settling the possible violations or violating behaviors towards established maintained social relations (e.g towards copyright); educating citizens to obey social rules and orders (obey the Convention for the sakes of the superiors of the world) etc

About present international law system, L H Hanh & D T Hien (2004) have revealed that there is the rapidly changing world situation to which the traditional system of international law must adapt itself Though the modern system of international law is a product of only the last four hundred years but it has affected many aspects of everyday life Adapting from Starke International Law by I A Shearer, the authors (2004: 310)

wrote:

And today, international law is indispensable body of rules regulating for the most part the relations between states, without which it would be virtually impossible for them to have steady and frequent intercourse It is in fact an expression of the necessity of their mutual relationship In the absent of some system of international law, the international society of states could not enjoy the benefits of trade and commerce, of the exchange of ideas, and of normal routine communication

And that law is not only a matter of the states but of the fate of each individual, with no exception:

perhaps most remarkable of all has been the widening scope of international law to cover by multilateral treaty or convention not only every kind of economic

or social interests affecting states (e g patents and copyright), but also the fundamental right and freedoms of individual human beings

Anyway, Jaw is not impartial, timeless, and classless and it is not value free In stead, it

reflects the distribution of power and “social forces drive it down the road” About law and class struggle, L H Hanh & D T Hien (2004: 412), adapting “the legal system” by

Lawrence Friedman, New York, have written that social theories of law start from one

basic assumption that it is economy and society that make law The fact 1s:

Everywhere, ideals struggle for power along with base grubby interest In such a struggle, indeed, people turn ideals into interests

The authors have also described critics who point out vast inequalities of wealth and power and these load the dice in the bargaining of interest group The market is supposed to maximize satisfaction in society but it cannot guarantee that income will be distributed justly And:

People trade for their interest as they trade for goods in the market; the living code

of laws in the society is more or less a catalogue of bargains and preferences, sensitive to dealings and demands like_the daily stock market quotations A person or a group can decide to struggle for social justice just as another group can decide to spend its precious power in the battle for a higher tariff

In the struggles for interest, “States are few in number and unequal in strength, and there are always one or two states which are so strong that other states are usually too weak or too timid or too disunited to impose sanctions against them” (L H Hanh & D T Hien, 2004: 320) It is the financially big and influential countries who always ‘run the show’ and

‘win the game’ globally

Vietnam has joined the play of world trade but, in the exchange for what we desire, the cost

is rather dear at times The efforts of Vietnam to join WTO are a long journey and a vivid example of the sacrifices we have made and “the benefits” we may get We have just arrived at our destination but the consequences of joining are still ahead Are we sure we will win rather than lose in that ration - game? Anyway, yes, we must join it with no other

choice

L H Tien (1999: 37), based on Bhatia’s ideas, has shown that the most popular functions

of this genre (legal document) is to give instructions, to stipulate the obligations, to promulgate power and punishments Language of law, Le Hung Tien (1999) has indicated,

is characterized by legal spoken language in pedagogy, terminology and profession; and legal written language in terminology, legal procedures and law Written language of law,

in its turn, is realized by models like contract, treaty etc and official documents like codes,

provisions, and practices etc., a classification offered by Bhatia

More specifically, T V Thu (2001:27) has written about international conventions, the agreements signed among countries and justified by international laws She claims that international convention is international legal text expressing the agreement of international law’s subjects on the voluntarily and equally setting, changing and ceasing rights and obligations with one another in terms of international relations, following the basic principles of modern international law International conventions are not only the forms containing international legal scales but also the major instruments to carry out foreign policies of each country She (2001: 28) states that international law’s subjects sign international conventions to affirm the rights and obligations with one another about certain international relation and to oblige the sides to practice and comply with provisions agreed upon and signed in the international convention T V Thu refers to J R Galperin (1981) who classifies five functional styles of language: the language belles-lettres, the language

of publicist literature, the language of newspapers, the language of scientific prose, and the language of official documents Convention belongs to the last style

To Viet Thu has worked out the routine structure of a convention with items like: the name

of convention, the preamble, the topic sentence, the development which consists of: definitions and interpretations, general obligations, conference of the parties, the

Secretariat, disputes between Contracting States, amendment, adoption of Protocols,

signature, ratification, acceptance or approval, entry into force, withdrawal, depositary and other articles Concluding remarks will be also available According to T V Thu, all articles can be divided into different groups: 1) Obligatory articles: with definition, secretariat, and adoption of protocols, signature, ratification, acceptance or approval, entry into force, withdrawal, and depository 2) Regular articles: with general obligations, conference of the parties, settlement of disputes, accession, relationship between the convention and its protocols and right to vote 3) Optional articles: with research and systematic observations, co-operation in the legal, scientific and technical fields,

transmission of amendment of annexes and reservations

L H Tien (1999: 37) has gone further to indicate that one feature of legal documents 1s,

as for Bhatia, different from other genres when the author is both originator and writer, whereas legal documents are written by government officials but originated by legislative

institutions for whom the writers do not represent Also, for other genres, the readers are

“recipients” of the documents Anyway, in legal documents, the recipients are ordinary citizens and the real readers are lawyers, judges or legal experts responsible for the interpretations of the legal provisions for them The ‘equalizing of interpretive opportunity’

is a legal term used to indicate the reconciling of the law-makers in preparing accurate and unambiguous rules and making sure that the rules can cover the variety of plentiful events

of the real legal activities It is another characteristic of the legal language

L H Tien (1999: 38 ) has pointed out some linguistic features of the legal language: First, about the lexico - grammatical characteristics of legal language: the popular use of modality to denote rights and obligations, frequent employment of sets of terminologies to create the conceptualization for each meaning field, nominalization of words and phrases to increase the accuracy and coverage of meaning expression, binominals and multi -nominal for appropriate coherence, complex prepositional phrases to make a clear texture, complements to set limits and make sure of concrete and explicit the meaning of the articles, and lots of use of syntactic discontinuities which may make legal language more complicated Secondly, about textual characteristics of legal language: cohesive devices, especially repetitions and references are frequent uses Thirdly, the “cognitive development structures”: If then are popularly employed

In summary, we can see that texts of legal genre have its communicative purposes, which have been constrained and recognized by the members of legal specialists as an ESP The purposes the legal system serve the society will decide the grammar-lexical characteristics

of the genre The function of law to regulate the society has assigned this genre unique duty The requirements to establish rights, obligations and sanctions have made legal language clear, accurate, coherent but flexible and dynamic at the same time by the use of lexis, grammar and the textual structures

The Berne Convention does not belong to a domestic law It is internationally agreed upon

by ‘sovereign’ and ‘equal’ countries And the system under which the Convention operates has no supreme authority, yet any state which violates an international obligation must responsible for the wrongful act towards the injured state or to the international community (herein the Union of the Berne Convention) In operation, The Berne Convention has its

functional organs and differrent services About sanction, we believe that, like what have

happened to UN’s decisions, other states are impossible to impose against US, EU or some huge economies like Japan, Australia, etc

We believe (and will find out) that the Berne Convention has got the most common features (and functions) of a typical legal discourse because it imposes one important issue of IP on the population of the world: the copyright Once in operation, it will be law, money and power, not simply a discourse In the struggle for their rights to survive, the developing countries must be aware of the world situation, of the discourse and the actions they should

take to minimize loss.

CHAPTER 2 METHODOLOGIES AND PROCEDURES

2.1 WHICH METHODOLOGY?

As it has been mentioned above, in terms of methodologies, this research should comply with the ones available for CDA Also according to Wodak (2001: 3), the methodologies for CDA were greatly different, ranging from small qualitative case study to large data corpora taken from fieldwork and ethnographic research Actually, what approach(es) of analysis we are taking will decide the way/the methods we conduct our study In fact, there are different approaches to CDA and they are different in number of ways: the extend they involve historical perspective, the emphasis on reproduction versus innovation, the

meditation between the text and the social, the extend to focus the multifunctional of texts

etc Rebecca Rogers (2004: 6) has pointed out that although there are many principles

about discourse that unite the research of CDA, there is also dissension within the

community of CDA Oftentimes this dissension revolves around analytic procedures The analytic procedures depend on what definitions of critical and discourse the analyst has taken up as well as his or her intentions for conducting the analysis There are more or less textually oriented approaches to discourse analysis Some methods are less linguistically focused and more focused on the context in which the discourse arises Other methods are interested in the historical emergence of a set of concepts or policies Other methods pay equal attention to language and social theory Fairclough (1992) referred to this method as

a textually oriented approach to discourse analysis

Wood L A and Kroger R O (2000: 205) wrote about eight theoretical approaches (discussed by Fairclough and Wodak in 1997) including French discourse analysis; critical linguistics, social semiotics, socio-cultural change and change in discourse; socio-cognitive studies; discourse- historical method; reading analysis; and the Duisburg School

Nguyen Hoa (2006) offers a presentation of five CDA approaches and their representatives: discourse- historical method (Ruth Wodak), Halliday’s systemic functional (Norman Fairclough), Socio-cognitive Studies (van Dijk), mediated discourse analysis (Ron Scollon) and Duisburg School (Siegfried Jager) Though they are different, CDA theories have many

points in common (see the principles and objects of CDA) What these approaches are lacking now is a general analytical framework in using Halliday’s functional grammar (many researchers have mentioned the necessity of this grammar application) Among the frameworks from the approaches, the one of Fairclough (1989), according to Nguyen Hoa, has proved to be the most applicable From the facts above, Nguyen Hoa suggested an integrated framework for CDA, based on a combination of Halliday’s functional grammar, Fairclough’s textual analysis and Karl Marx’s Dialectic Materialism and Historical Materialism Nguyen Hoa (2006: 42) has stated that discourse analysis, in the final analysis, is text analysis

Actually, I also consider this framework as the most appropriate one for CDA At least, I feel it is useful for my present research to uncover the unequal power relations ideologically expressed in language in a certain context of production and interpretation of

the Berne Convention

2 2 HALLIDAY’S SFG: KEY CONCEPTS

We know that SFL follows European functional tradition It is largely based on Firth’s system-structure theory, but it derives more abstract principles from Hjemslev and owes many ideas to the Prague school The use of the concept ‘system’ is accounted for by Halliday:

A system network is a theory about the language as a resource for making meaning Each system in the network represents a choice: not a conscious decision made in real time but a_ set of possible alternatives, like ‘statement/question’ or

‘singular/plural’ or ‘falling tone/level tone/ rising tone’ These may be semantic, lexico-grammatical or phonological

In fact, the ‘system’ in SFL means the organization of four linguistic and extra-linguistic stratum, naming: phonological strata, lexico-grammatical strata, semantic strata and contextual one to constitute a semiotic system (Figure 1) In fact, this is a semantic system with linguistic stratum in Halliday’s assumption (1977) consisting of semantic (semiotics), lexico-grammatical (lexicology: syntax, morphology and lexis) and _ phonological (phonology and phonetics), operating in a social context, under certain social conditions of production to give certain interpretation and explanation as mentioned above with Fairclough’s ideas about text

The stratum interface each other in view of SFL (Hoang Van Van, 2004: 84; Nguyen Hoa, 2006: 100) and one strata is the realization of the other in a consequential order: phonetics

realizes lexico-grammar; lexico-grammar realizes semantics; and semantic, in its turn,

realizes linguistic contexts, as indicated by the inward arrow

Chouliaraki and Fairclough (1999:139) have interpreted the diagram in terms of meaning and expressions They have assumed that language has meanings (in the semantic stratum) connected with spoken and written expressions (in the stratum of phonology and also graphology) The meaning and expressions link with the extra-linguistic (contextual meanings of social life) The meaning and expressions are mediated by vocabulary and grammar (lexico-grammar) where vocabulary is not different in nature from grammar but a kind of delicate grammar in every individual lexical item (Halliday 1961; Hasan 1987)

In this ‘system’, we understand that in a functional grammar, language is interpreted as a system of meaning in which the accompanying forms will realize the meanings Language

is a resource for making meaning, not meanings of words only but entire semantic system expressed by grammar and vocabulary Lexico-grammar- indirectly interfaces with and is historically shaped by social through the social functions it serves, especially the intersection of macro-functions of language: the ideational (language in the construction and representation of world experience), the interpersonal (language in the enactment of social relations and construction of social identities), and textual (language in semiotic textual form of productive practice)

A context of situation, a situational potential, can be specified in terms of possible values for three variables: field, tenor, and mode (in which the field is the activity which language is part of; the tenor is about the social actors involved and the relations between them; and the mode is the part language plays in the activity), corresponding respectively to the above ideational, interpersonal and textual macrofunctions

Context Semantics

Figure 1 Stratum of language in SFL

The ‘system’ is ‘functional’ with different functions Halliday (1994: xii) wrote:

the fundamental components of meaning in language are functional components: two main kinds of meaning: ideational/reflective, and interpersonal/ active They are called metafunctions to understand the environment (ideational), to act on the others (interpersonal) The third metafunctional component: the ‘textual’ to make relevant of the other two

And he clarified further:

In the first place, language serves for the expression of content: It has a

representational, or as I would call it, an ideational function .Within the

ideational function of language, therefore, we can recognize two sub-functions, the experiential and the logical

In the second place, language serves what we may call an interpersonal function Here, the speaker is using language as the means of his own intrusion into the

speech event: the expression of his comment, his attitudes, and evaluation, and also

the relationship that he sets up between himself and the listener- in particular, the communication role that he adopts, of informing, questioning, greeting, persuading,

and the like But there is a third function which is in turn instrumental to these two, whereby language is, as it were, enabled to meet the demands that are made on it; I

Shall call this the textual function, since it is concerned with the creation of text (Halliday, 1971 in M.A.K Halliday (2002), Linguistic Studies of Text and Discourse, Jonathan Webster (ed.), Continuum, London & New York.)

There exist three linguistic macro-functions in respect to the grammatical systems made of the networks of transitivity, mood, modality and information with theme/rheme and given/new (Halliday 1994) Every clause in a text is regarded as semiotic production (textual function) that constructs the world (ideational function) and enacts social relations (relational function)

The relationship between the whole semiotic (meanings and expressions), as specified by SFL, and the social are of either realization (or system, as said above) or instantiation (or text) Halliday pointed out that the relation between the semantic and the grammar is one of realization: the wording ‘realizes’, or encodes, the meaning and realization enables us to

enter the context of situation, the contextual configuration in terms of field, tenor and

mode He confirmed that the relationship of ‘situation to culture’ is one of instantiation and

‘instantiation’ appeared to be confused with that of ‘realization’, the relationship among the levels of the system (Halliday, 1987)

In realization, one stratum is the realization of the strata below with the possibilities of meaning potential (semantics), wording potential (lexicogrammar) and expressional potential, whereas in instantiation, language is seen as an open system to the social environment The focus of instantiation is “the dialectic of system and text in the process of semogenesis, the production and change of the semiotic” involving the history of the system, of the text with time and space and of the person The difference between realization and instantiation, according to Hoang Van Van (2004: 88), is that when realization is about relationship between stratums, instantiation is about the relationship of

the elements of same strata

In fact, language is seen as a resource for meaning making with the possible combinations

of meaning and forms (semantics and lexicogrammar) In the syntagmatic structure of language, at any given position, the options of meanings and forms are always available to the users And the text is seen as semiotic form of social production It instantiates the system and, at the same time, is constructed by new social ways of life, both overtly in conversations and covertly in written forms Social practices carry semiotic differences in the forms of categories of dialect (variety according to user - Halliday, 1977), register (variety according to use) and genre (the structuring of particular types of discourse in ordered stages) Register affects or increases the potential of the semantic system when

dialect does not.

2.3 FAIRCLOUGH’S TEXTUAL ANALYSIS

2.3.1 The critical part

Fairclough (2001: 1) wrote about the aims of his book “Language and Power’, also the aims of CDA:

The book is about language and power, or more precisely about the connection between language use and unequal relations of power, particularly in modern Britain

I have written it for two main purposes The first is more theoretical: to help correct a widespread underestimation of the significance of language in the production, maintenance, and change of social relations of power The second is more practical: to help increase consciousness of how language contributes to the domination of some people by others, because consciousness 1s the first step towards emancipation

2.3.2 The discourse part

What about text and discourse in a CDA? Fairclough (2001: 17) criticized Saussure for the distinction of ‘parole’ from ‘langue’, in which parole is determined purely by individual rather than social choices, and linguistics has mainly something to do with langue, not parole He also proved Saussure’s idea that everyone in a language community had equal access to command of its language inappropriate because this access to and command of standard language were, in fact, unequal Fairclough emphasized language use, which is conceived of as socially determined, what he calls discourse Fairclough thinks that language is a form of social practice because it is a part of society is a social process and, especially, is a socially conditioned process He offered a diagram (Figure 2) about discourse as the gathering point of text, interaction and context in which text is the product

of the process of production and interpretation; the interaction containing the context in its turn can only be decoded by the immediate and remote context composed by the social conditions of production and interpretation

Looking at the diagram, we know that to understand a text (for Fairclough, a product of the process of production) of a speaker/writer, we must 1) look at the surface values of a text, and 2) analyze the text in connection with the resources the members have in their head to produce and interpret a text and 3) the whole thing above, again, must be submerged in certain social ways of production and interpretation That is why Fairclough proposes a framework for a three-stage analysis of discourse: description (concerning formal properties of the text), interpretation (studying the relationship between text and interaction) and explanation (exploring the relationship between interaction and social context)

Social conditions of production

Process of production

Text

Process of interpretation

Figure 2 Discourse as text, interaction and context

Now, when we have an idea of discourse in comparison to text, we need to find out what

make up a Critical Discourse Analysis

2.3.3 Experiential, relational, and expressive values & Textual structure

Fairclough introduced three kinds of values the formal features may have: experiential, relational, and expressive Experiential value reflects the social or natural world in the eyes of the producer, dealing with contents (what is said or done), knowledge and beliefs of

an institution or society Relational value is to do with relations and social relationships people enter into in discourse Expressive value is to do with subject (or subject positions people can occupy) and social identities Any formal feature may, at the same time, have these two or three values Besides, a formal feature may have connective value to connect parts of a text Fairclough also made a distinction between vocabulary, grammar (with their experiential, relational, expressive and connective values) and a textual structure Textual structure is the formal feature doing with the formal organizational properties of the whole text And the whole text may have structure, which may be made up of predictable elements in a predictable order Further more, the ideas of the text can be ideologically hanging together by means of cohesive means

CHAPTER 3 DATA ANALYSIS AND PROCEDURES

A DESCRIPTIONS

As far as the semantic content of the Convention is concerned, I feel it more suitable to

analyze the Convention with four main parts: the title, the preamble, the first half (the first

20 articles) and the second half (the rest of the Convention, including of the appendix) I mean to find out what the Convention is “talking about” going with what linguistic means which are more “prominent” in the expression Because our CDA is linguistically done, I

will not look at the functions of articles in terms of law to see which one is about definition,

secretariat or adoption etc as in a plain discourse analysis Rather, I think which choices of meaning realized by which choices of wording, or grammatical forms will count

3.1 THE TITLE OF THE CONVENTION

For the underway Convention, the title (I choose to address it so instead of a name or a headline) is: Berne Convention for the Protection of Literary and Artistic Works, of September 1886 October 2, 1979

We will study this title in terms of textual structures of a discourse (in the words of Fairclough’s), when we explore 1) the interactional conventions used and 2) the larger scale structures the text has before we the use of vocabulary and grammar here

First, in terms of interactional conventions used, the Convention is as a written legal text

For the whole Convention, there is no turn taking system as in a dialogue and therefore there are no ways in which one participant controls the contributions of others In stead, the communication is a monologue with one side is the lawyers who prepare the convention and the other side — people of the countries which are ready (and not ready) to sign the

convention, the ordinary citizens who read it from internet, hear it over the radio or watch it

on TV, newspapers etc Except for some ‘Plenipotentiaries’ (we will study this later in the preamble), acting as representatives of the signatories, people cannot talk to support or to

object what have been offered and what not In some unequal way, we must accept whatever written, in whatever way they have been written in this signed convention

Secondly, the convention has a larger - scale structures with ‘predictable elements in a predictable order” (Fairclough, 2001: 114) As usual, the title is the first element of a convention, which tells us of what it is regarding to The title is available to describe “the objective the convention will discuss” (T T Thu, 2001: 46) This availability reminds us of the CDA working on the headlines of news in English newspapers, functioning to indicate the major issues of the news (Nguyen Hoa, 2003: 181) So, there has been a title in the initial position of the Convention

Further more, at the micro level, from the choices of vocabulary, we know that the text,

with terms and conditions of a legal document, is an international law’s version, agreed on

by all contracting parties The wording ‘convention’, as we have mentioned above, tells us

of all expecting features of its kind It is certainly not an international poem or hymn! The genre of the discourse we will follow now will also, therefore, fall into the one of law, of course The place and time of the Convention (the first time of signing and the most recently amended one) are clearly shown to us, though we do not know who the people are involving in preparing and signing the convention, who are protecting the literary and artistic works and who are protected Anyway, by the word ‘protection’, the lawyers preparing the convention have ideologically expressed a relational value of the word use: a friendly and supporting tendency towards the works (not merely a description, hatred or an exploitation etc) With the word ‘protection’, the focus of the title (and also of the Convention) becomes clear From now on, we will see that the whole discourse is clustering around this word The word has claimed the reason of the Convention’s

existence

What is more, a nominalization, also at an aspect of a grammar use, has been employed, showing readers no participants (no agents - Halliday, 1994: 164; Fairclough 2001: 101)

and no processes (Halliday, 1994: 143, Fairclough, 2001: 101) Later, in the convention,

we will know who the protectors are: they maybe governments, WIPO, the Union of the Berne convention etc , who and what are protected: authors with their literary and artistic

works, and their copyright, of course Anyway, the short title has committed a strong and positive determination of protection towards the works of invention (but by a hidden force)

From formal choices of the title, one can tell the major information he or she has learnt: this is an international legal agreement (convention) which has been signed to protect literary and artistic works (in fact the authors’ copyright in these works) Furthermore, the signing of the Convention has first taken place in Berne in September 1886 and has last

been revised on October 2, 1979 With the selected alternatives here, we may think this

Convention is bringing something good to the (authors of) the literary and artistic works Who says a title may not make an impression on the readers (and then make them obey its judgments)? The title has done an ideological work when it carry the power of some hidden participant(s) (other than “the countries of the Union’) voicing “to protect” the copyright of the authors for the benefits of the authors (and may be not only of the authors)

3.2 THE PREAMBLE OF THE CONVENTION

Following the title of the Convention is the preamble T T Thu (2001: 47) indicated some issues a preamble usually refers to in terms of content:

1 The need for the convention as some problems and convention as some necessary

solutions ;

2 The supervising organization which controls the convention;

3 The instruments on which the convention is established

And this is the preamble of the Berne convention:

[Preamble] SO

The countries of the Union, being equally animated by the desire to protect, in as effective and uniform a manner as possible, the rights of authors in their literary

and artistic works,

Recognizing the importance of the work of the Revision Conference held at

Stockholm in 1967

Have resolved to revise the Act adopted by the Stockholm Conference, while

maintaining without change Articles I to 20 and 22 to 26 of that Act