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MINISTRY OF EDUCATION AND TRAINING HANOI NATIONAL UNIVERSITY OF EDUCATION  TRAN THI THAM ARGUMENTS IN EDE’S CUSTOMARY LAWS Major: Linguistics Code: 9.22.90.20 THE SUMMARY OF LINGUISTIC DOCTORAL THESIS Hanoi - 2019 THE THESIS WAS COMPLETED AT: HANOI NATIONAL UNIVERSITY OF EDUCATION Science instructor: A PROF PH.D TA VAN THONG A PROF PH.D DANG THI HAO TAM Reviewer 1: Prof Dr Hoang Trong Phien Ha Noi National University of Social Sciences and Humanities Reviewer 2: Prof Dr Nguyen Van Hiep Language Institute - Vietnam Academy of Social Sciences Reviewer 3: Prof Dr Do Viet Hung Hanoi National University of Education The thesis will be protected before Board of Thesis Judges at: Hanoi National University of Education at … time, date … month 2019 A thesis can be found at: - National Library -Library of Hanoi National University of Education INTRODUCTION THE URGENCY OF THE TOPIC Customary law is also called "regulatory habit", including morality, ethics and behavior In order for organizations and forms of punishment to be strong enough for everyone to follow, customary laws need persuasive arguments Ede's customary law includes such arguments Studying the arguements in Ede's customary law contributes to explain the relationship between language and culture, clearly sees the cognitive ability and development level, closeness, humanity, of a institution of social, through language means (Ede language) RESEARCH OBJECTIVES AND TASKS 2.1 Research objectives The thesis aims to point out and identify the argumentative characteristics of Ede customary law Through the characteristics of argument in Ede's customary law, it is possible to see the cultural characteristics of Ede people 2.2 Research tasks Overview of research on arguments, customary laws and customary laws of Ede; on the relationship between language and culture ; Identify and describe the structure of arguments in Ede customary law; The explanation of cultural characteristics of Ede people is reflected in the argument in customary law THE SUBJECTS AND SCOPE OF THE RESEARCH 3.1 The research subjects The research object of the thesis is the argument in Ede customary law 3.2 The research scope Scope of the study: the thesis researches the argument in Ede’s customary laws in such contents as: argument structure, cultural characteristics expressed in the argument in Ede’s customary law THE RESEARCH METHODS - The methods of practical linguistic: The thesis performs practical collecting data in some areas which Ede people live in Central Highlands to collect and supplement materials, learn the characteristics and customs of the Ede people… - Descriptive method: this method helps the researcher clarify the source of survey material with specific data and content - The methods of multidisciplinary and interdisciplinary approaches: the thesis used multidisciplinary and interdisciplinary research methods of social sciences such as: language - ethnography, language - psychology, social ethnography, … to research the topic THESIS CONTRIBUTION The thesis confirms and reinforces the role of argument in linguistics The thesis contributes to affirm and clarify the language-cultural arguments of Ede people Research results of the thesis can be used as a reference for the study, compilation and dissemination of scientific arguments into teaching in schools THE STRUCTURE OF THE THESIS Chapter An overview of the research situation and theoretical, practical basis Chapter The structure of argument in Ede’s customary laws Chapter The traditional cultural characteristics of the Ede people reflected in the arguments in Ede's customary laws Chapter AN OVERVIEW OF THE RESEARCH SITUATION AND THEORETICAL, PRACTICAL BASIS 1.1 AN OVERVIEW OF THE RESEARCH SITUATION 1.1.1 The research situation of arguments In linguistics, even since ancient times, the argument has been studied, called by the term of eloquence, in Aristote's "Rhetoric" From the second half of the twentieth century, the argument was studied by many linguists, including the authors who have contributed greatly to the issue of researching argument such as: S.Toulmin (1958), Olbrechts - Tyteca (1969), Grize (1982), Perelman (1988), 1.1.1.2 In Vietnam First, the direction of researching argument in general, in Vietnam, until before 1993, the argument was still a concept "unfamiliar to Vietnamese linguists, including researchers interested in pragmatics" Later, with the strong development of pragmatics, the problem of argument has been studied by many linguists The authors: Hoang Phe, Do Huu Chau, Nguyen Duc Dan, are the people who have made great contributions to the study of arguments on Vietnamese materials Second, based on the theoretical framework of arguments, some works goes deep in describing components of arguments, types of arguments, and instructions of arguments It can be listed some authors who study the argument in this direction such as: Nguyen Minh Loc (1994) with "Understanding the opposite connector argument " but "in Vietnamese"; Le Quoc Thai (1997) with "The effect of arguments of the description contents, the real words and the operators" only "," the "," to ""; Kieu Tuan (2000) with the topic "The operator arguments of" in fact/ fact "," that "and the argument relation" Third, the direction of research on specific expression argued in the text, This research direction uses the theory of argument to describe arguments in a type of particular text Fourth, the research direction applies the theory of argument into the practical teaching, can be mentioned: Bui Thi Xuan (1997) with "The theory of arguments and theory of paragraph and the system of exercises to practice arguement skills in the discourse paragraph for high school students"; Tran Huu Phong (2003) with "Argument with training for high school students how to argue in the discourse paragraph", 1.1.2 The situation of studying customary laws and Ede’s customary laws 1.1.2.1 The situation of studying customary laws in genreral From the perspective of legal anthropology, the anthropologists, ethnographers, and folklore mentioned theoretical issues, methods of collecting and studying customary laws of ethnic groups The authors have discussed many issues about customary law such as: Alan Dundes addressed the problem of the customary law concept, Anlan Watson mentioned the problem of approaching customary law, Van Den Dergh refered to the concept of customary law in historical context, Obei Hag Ali refered to the problem of changing customary laws in law, The collection of customary laws of ethnic minorities in Vietnam in the early twentieth century has achieved certain achievements It can be mentioned the published works such as Ede customary law(1926), Stieng customary law(1951), Sre customary law(1951), Bahnar and Xe Dang customary law (1952), Ma customary law(1957) 1.1.2.2.The situation of studying Ede’s customary laws The collection of Ede customary law has achieved certain results Specifically, in the early years of the thirties of the twentieth century, the French ambassador in Dak Lak was L.Sabatier organized a collection of customary laws of Ede people by recording the Ede language and recording it by the writing of this ethnic group called “legal customs” and published in 1927 In 1940, D.Antomarchi translated and published this customary law in the journal of the ancient Far Eastern School (BEFEO) In 1984, Nguyen Huu Tham translated the customary law into Vietnamese from the French version Based on the text of Ede's customary laws of L Sabatier and the new collected customary laws, Ngo Duc Thinh, Chu Thai Son and Nguyen Huu Tham compiled the book "Ede’s Customary Law (regulatory habit)" (National Political Publishing House, 1996) In addition to collecting, Ede's customary laws are focused on researching such contents as the organization and operation of customary law; rules on punishment of customary law; elements that underlie customary law; the process of movement and development of customary law; Not only that, Ede's customary law is still considered in reflecting the social values and transformation of this law in the context of modernization 1.2 THE THEORETICAL, PRACTICAL BASIS 1.2.1 The theoretical basis 1.2.1.1 About arguments a Arguments and the components of argument a1 The concept of argument: The argument is to give reasons to guide people to a conclusion in a convincing way a2 The components of argument 1/ Foundation: It is possible to understand foundation as bases from which to draw conclusions, each argument can have one or more foundations 2/ Conclusion: the conclusion is what is drawn from the foundation 3/ Instructional components of arguments i) Operator arguments: Operator arguments are factors that influence a statement that will create a meaningful orientation that changes the potential of the speaker's argument ii) Connector argument: are "elements that combine two or several statements into a single argument b Classification of arguments b1 Based on the complexity of the argument 1/ Single argument: The single argument is that there is only one conclusion, the rest are foundations 2/ Complex arguments: is an argument that has two or more conclusions This type of argument is also called indirect argument b2 Based on the position of the argument’s components 1/ Arguments according to the deductive type: This is a way of presenting, organizing, arranging ideas from the general, the generalization to the particular, the specific; this argument has conclusions before the foundations 2/ Arguments according to the inductive type: This is a type of argument that goes from specific, individual opinions and evidence, and then synthesizes and summarizes those opinions and individual events 3/ Arguments according to the synthesis-analysis type: This is a way of arguing that often begins by stating a generalized, synthesized issue, then deploying the analysis of such general contents into small parts for consideration or analysis, and finally generalizing, raising the analyzed issue to the main point b3 Based on the presence of the argument’s components 1/ Full composition argument: This type of argument has two components: foundations and conclusions in an argument 2/ Compact argument: is an argument that only has an foundation or just a conclusion as a component c Characteristics of argument relations Foundations p and q can be concurrent arguments, when both of them points to a same conclusion Foundations p and q can be opposite arguments, p towards r and q towards -r or vice versa d Topos – The basis of the argument d1 The concept of topos: is " the argument that ordinary truths are experienced, without necessity, compulsoryness as the logical premise bearing local or ethnic characteristics, generalized, thanks to them we build our own arguments” d2 Types of argument in everyday life: Nguyen Duc Dan divide the argument in real life arguments into three categories: objective arguments, personal arguments and social experience arguments 1.2.1.2 Some language- culture issues a The concept of culture Culture is the whole of the material and spiritual values created by human in accordance with common awareness and aesthetics, bearing the characteristics of a certain community and accumulated through the practical process, circulated over time b The relationship between language - culture - national thinking Language reflects the attributes, nature and existence of culture Language is specified in the words of everyday speech or through the use of words, images, descriptions, comparisons, human thinking, in art texts Art creation reflects many aspects of culture: cognitive culture, collective life culture, personal life culture, behavioral culture, festival culture, 1.2.2 Practical basis 1.2.2.1 Summary of Ede people Regarding social organization, Ede is the most typical matriarchal society in the Central Highlands All rules of behaving in the social community, in the family follows a system of customary laws circulating from one life to another Regarding beliefs, Ede people follow the polytheistic beliefs of "spiritual things"- everything has a soul, so in the general activity of Ede village, religious activities and rituals play a very important role Regarding language, Ede is a language of Ede pepple The voice of the Ede belongs to the Malayo Polynesia language line (Nam Dao linguistic line) 1.2.2.2 Summary of Ede‘s customary law a The birth of Ede’s customary law Ede Traditional society is a society formed and developed in a closed space with the domination of many complex relationships; people here always face many problems of life within the limits of a small space and limited cognitive ability That is the reason for the birth of Ede customary law (Regulatory habit) b The form and content of Ede’s customary law The content of the Ede customary law is arranged according to each subject area, corresponding to different areas of social life (236 terms are arranged into 11 topics corresponding to 11 chapters) 1.3 SUMMARY Through understanding the argument in customary law, it is possible to see the characteristics os culture and ethnic psychology of the Ede people That is the specific argument for evidence, diversifying images, using many topos to build reasoning arguments, solid arguments, Chapter THE STRUCTURE OF ARGUMENT IN EDE’S CUSTOMARY LAWS 2.1 THE COMPONENTS OF ARGUMENT IN EDE’S CUSTOMARY LAWS 2.1.1 The components of foundation in Ede’s customary laws 2.1.1.1 The positions of foundation in Ede’s customary laws The common order in Ede's customary law is the preceding foundation and the conclusion follows according to the inductive logic; the problem is presented from detail to synthesis, from far to near, from single to system, creating the convenient order in expression 2.1.1.2 The number of foundation in Ede’s customary laws In one argument, Ede's customary law makes a lot of foundations, foundations are arranged next to each other in a linear order with the same structure (listed and repeated structure) 2.1.1.3 The nature of foundation in Ede’s customary laws Surveying the use of arguments in customary laws can be seen, the concurrent foundations argue in large numbers Ede's customary law has 211/236 arguments using concurrent foundations (accounting for 89.4%), only 25/236 argue using opposite foundations (accounting for 10.6%) The opposite argument appears in some cases (mainly in the partial arguments of a clause) when it is necessary to compare opposition to clarify the nature of the problem 2.1.1.4 Used evidences in foundation in Ede’s customary laws Evidence can be images, events, things related to the natural world or social life In addition, in foundations, people often use things, facts to describe, explain and express emotions about philosophical family and social issues to increase persuasion 2.1.2 The components of conclusion in Ede’s customary laws 2.1.2.1 The positions of conclusion in Ede’s customary laws The conclusion of argument in Ede’s customary laws is always behind the foundation Ede's customary law pays attention to how to build the structure of an argument The general conclusion R of each clause always at the bottom of the argument but there are cases where a major argument contains many partial arguments; these partial arguments include the system of foundations and partial conclusions; they are considered to be single arguments, corresponding to the major foundations that make the conclusion R The partial conclusions in this single argument are quite flexible: in front, between or after the partial foundations 2.1.2.2 The nature of conclusion in Ede’s customary laws Conclusion R is always direct and explicit, there is no argument in Ede's customary law to use implicit conclusions The conclusions are consistent with the actual bases (clearly mentioned in foundations), in accordance with the laws of nature, social and cultural laws of Ede people 2.1.2.3 The relationship between conclusions and foundations in Ede’s customary laws The conclusion of the argument in Ede's customary law is closely related to the foundations that precede it; the relationship between foundations, between foundations and conclusions is always a concurrent relationship for the stakeholders to follow Specific issues, details are reserved, general issues are placed later 2.2 ARGUMENT INSTRUCTION IN EDE’S CUSTOMARY LAWS 2.2.1 Operator argument in Ede’s customary laws 2.2.1.1 The survey results of operator argument in Ede’s customary laws Operator Number of No argument in Ede Meanings occurrences language like, as, just like 159 si, mse\, mse\ si again 146 lo\ no, not, never (but), not yet, nor 121 amâo, deh 92 jih, djap ênao everything, all already, done 79 leh more 65 ti khăng, khăng… often, usually 51 khăng just, originally 42 gơ\ also 39 s’ai\ 10 tơl even, more than that 28 du\m, du\m… du\m, how many, how much that, from 11 21 to / to, as long as all jih … du\m, 12 mơh Just, right, that 19 13 ăt still, also 13 mdu\m, mđơr; 14 equal; more; less 12 hi\n, mda 15 mdê … mdê ever 10 16 kno\ng, sa just, only hlo\ng, 17 always, always, wherever is hlo\ng … hlo\ng 18 êjai … êjai both and Sum 912 2.2.1.2 Characteristics and functions of operator argument in Ede’s customary laws a Characteristics of operator argument in Ede’s customary laws a1 Group of operator argument in single form This operator group consists of words (often particles, linking words, adjunct) or phrases that appear in many arguments in each of Ede's customary laws The most commonly used operators are: si (as), mse\ (like), mse\ si (like, just like), lo\ (again), amâo (no, not), ti (both), khăng (usually), tơl (even), s’ai\ (also), … 11 Connector/ Group of connectors kyua dah, kyua anăn (so, thus) ]iăng (to, for) Functions denote the result of a cause mentioned earlier, or create a logical reasoning between the premise - the conclusion, focus on giving an argument to the premise mentioned in the foundation denote purpose relationship Combination independent appearance independent appearance Si\t dah usually works raise judgment (or reasoning) about a independently, but si\t nik accompanies by si\t dah, si\t nik possible ability based on certain signs often (may be, sure) (assumption) mentioned in the connector introduced the foundation foundation tơ/tơ dah to make a pair of connectors tơ/tơ dah … si\t nik (If (then) sure) b The group of three-position connector in Ede’s customary laws b1 Concurrent three-position connector Connector/ Group of Functions Combination connectors leh anăn (and, introducing additional independent appearance with, in foundation addition) introducing additional independent appearance Êgao tơ anăn (more, foundation moreover) b2 Opposite three-position connector Connector/ Group of Functions Combination connectors denote contrasting, conflicting [iă dah, bi dah can combine relationships, introducing with khă to make a pair khă … bi, [iă dah, bi dah (but) effective foundations with the [iă dah/bi dah (though but) conclusion 12 Connector/ Group of connectors Functions Combination express what is said is a bi, [iă dah, comment that is somewhat contrary to what was just given independent appearance bi dah (however) earlier; introducing effective foundations with the conclusions can stand alone or in the concession conjunction with [iă dah, bi khă, khă dah denote (though, relationship, introducing dah to make a pair of although) ineffective foundations with connectors: khă/khă dah … the conclusions [iă dah/bi dah (although, though ) Introducing effective independent appearance anei le\ (however) foundation 2.2.2.3 Functions of connector argument in Ede’s customary laws a Argument’s components linking function of connectors in Ede’s customary laws a1 Argument’s components linking function of two-position connectors (i) Link the previous foundation with the following conclusion Pairs of connector: tơ/tơ dah … anăn/snăn (if then), tơ/tơ dah … si\t nik (If (then) sure), kyua/kyua dah … anăn/snăn (because … so) are often used to connect foundations and conclusions when foundations stand before conclusions Usually, these pairs of connector are used to link the components of the argument within a statement (Sub-main compound sentence) Arguments can use a two-position connector to link components when the position of the foundation precedes the conclusion, these connectors are connectors that introduce the conclusion They are: snăn, anăn (so), ]iăng, pioh (to, for), si\t dah, si\t nik (may be, sure), kyua anăn (so that, so) (ii) Link the previous conclusion with the following foundation If the conclusions stand before the foundation, the argument in Ede's customary law often uses the two-posiotion connectors introducing foundations to link foundations to conclusions Connectors kyua, kyua dah, kyua anăn (with the meanings because); bi, khă bi, khă … bi (as long as) will follow the 13 function of linking the following foundation with the preceding conclusion These are the connectors that can perform the function of linking the argument’s components within the sentence or over the sentence (iii) Link effective foundations with the conclusions in opposite argument The two-posiotion connectors in Ede’s customary laws can also appear in the opposite argument to implement the function of linking the argument’s components At this time, they will connect the effective foundations with the conclusion (the foundation stands before the conclusion) They are often combined with a three-position connector a2 Argument’s components linking function of three-position connectors (i) Concurrent three-position connectors link the previous foundation with the additional foundation Concurrent three-position connectors help the previous foundation closely link with the additional foundation, together introduce to the conclusion to create a solid reasoning system, increase evidence-based persuasion for the whole argument (ii) Opposite three-position connectors link the opposite foundations together Implementing the connecting function the ineffective foundation with the conclusion with the effective foundation with the conclusion b Argument’s components introducing function of connectors in Ede’s customary laws b1 Functions of introducing foundation connectors in Ede’s customary laws (i) Introducing foundation two-position connectors In concurrent arguments, a two-position connectors can perform the function of introducing many concurrent foundations for a argument; a twoposition connector can appear many times to introduce the concurrent foundations or different two-position connectors appear togerther to introduce the concurrent foundations Two-position connectors can also combine with three-position connectors (concurrent) to introduce the concurrent foundations In opposite arguments, two-position connectors appear in the opposite argument with the function of introducing the effective foundation with the conclusion (ii) Introducing foundation three-position connectors In concurrent arguments, two connectors appear to introduce the foundations for the concurrent argument are leh anăn (and, with) and êgao tơ anăn (more, moreover) In opposite arguments, there are some groups of threeposition connectors that are used to introduce the foundation without any argument’s effects such as: khă, khă dah (though, although ) 14 b2 Functions of introducing conclusion connectors in Ede’s customary laws Two-position connectors introducing the conclusion in concurrent arguments play the role of linking the foundations with the conclusions, its position is also the position which marks the boundary between the previous foundations and the following conclusions The presence of the two-position connectors introducing the conclusion in opposite arguments indicates the boundary between the effective foundations and the following conclusions c Function of denoting argument relation of connectors in Ede’s customary laws c1 Two-position connectors in denoting the argument relationship For concurrent arguments, a number of connector combinations in Ede’s customary law appear as a sign to guide the concurrent relation of the foundations in a argument These are the connector groups that appear in structural form like: tơ (tơ dah) … tơ (tơ dah) … (anăn/snăn): if … if… (then)… (there may or may not have the connector anăn/snăn in the position of introducing conclusion); kyua (kyua dah/kyua anăn) … (anăn/snăn) …: because … becasuse of … (so) (there may or may not have the connector anăn/snăn in the position of introducing conclusion); kha\ bi … kha\ bi …: as long as … as long as … (then)… For opposite arguments, the two-position connectors join in the opposite argument and indicate the relationship between the effective foundation and the conclusion Example: c2 Three-position connectors in denoting the argument relationship If foundation uses concurrent three-position connector leh anăn (and) to introduce, that foundation will be the additional foundation which has a weaker effect toward the previous foundations If foundation uses three-position connector êgao tơ anăn to introduce, that foundation will be the core foundation which has the most decisive nature to conclusion Opposite threeposition connectors help identify the effect of foundations on conclusions The connectors bi, [iă dah, bi dah (but), anei le\ (however) are instructions that show an inverse relationship between foundations in an argument 2.3 SOME POPULAR ARGUMENT STRUCTURE MODELS IN EDE’S CUSTOMARY LAWS Model 1: P (p1, p2, …), Q (q1, q2, …) … R Model 2: P (p1, p2, …), Q (q1, q2, …)… R (r1, r2, …) Model 3: p1 r1 p2 r2 R p3 r3 Model 4: 15 p1, p2, p3, … pn r Model 5: p1, p2… r1 (P) r2 (Q) r3 (K) … R Model 6: P (p1, p2 ,… r1) Q (q1, q2 ,… r2) R K (k1, k2,… r3) Model 7: Almost, the terms of Ede's customary law have the order that all the foundations precede the conclusion However, In the term 233, the conclusions are put before the foundations according to the model: R P1, P2, P3 2.4 SUMMARY - The foundations in the argument of Ede customary law are preceded by the conclusions, each argument has many foundations, the foundations may be the same or different in categories but they are concurrent Conclusion in Ede’s customary laws is often put behind foundations This creates inductive logic in the way of expressing problems, in accordance with the persuasive methods of ethnic minorities in general and Ede people in particular - The operator argument of Ede's customary law has a rich and varied expression of expressing meaning, mainly appearing in foundations with the most obvious role of emphasizing and strengthening, adding reasonings to arguments to reach agreement on impeachment (the object is guilty or not guilty, how serious it is, ) In Ede's customary laws, the participation of twoposition and three-position connectors in arguments help solve the problem, bring a high convincing effect - Argument in Ede's customary law is presented according to the usual argument structure (having both foundations and conclusions), the most common order is that the foundation precedes the conclusion Chapter THE TRADITIONAL CULTURAL CHARACTERISTICS OF THE EDE PEOPLE REFLECTED IN THE ARGUMENTS IN EDE'S CUSTOMARY LAWS 3.1 ARGUMENT IN EDE'S CUSTOMARY LAWS REFLECT THE WORLDVIEW OF EDE PEOPLE 3.1.1 Materials constructing arguments in Ede's customary laws reflect the habit characteristic of Ede people 16 The survey of Ede's customary law shows that many elements of natural ecosystems (animals, plants, land, etc.) clearly show the living environment of this ethnic community It is highland with rich ecosystem This is also the basis for forming the traditional culture of Ede people, adding special characteristics to the common culture of the Central Highlands 3.1.2 Materials constructing arguments in Ede's customary laws reflect characteristics of production culture of Ede people Ede's customary laws clearly reflect the cultural and economic characteristics of the Ede people, it is the combined economy of upland field cultivation with cattle and poultry breeding and a number of other handicraft industries In particular, upland field cultivation (hma) occupies a key position and is the main source of life of the Ede people In addition to cultivate upland field, Ede people also raise the animals: kbao (buffalo), êmô (cow), u\n (pig), m`u (chicken), Rich families also have the job of raising and domesticating wild elephants 3.1.3 Materials constructing arguments in Ede's customary laws reflect belief culture of Ede people With the concept of "spiritual beings", Ede’s customary law stipulates that all acts in life are related to gods, if violating customary laws, it also means insulting the gods, violators will be punished Accompanying the sanction is the sacrifice ceremony to receive the forgiveness of gods Therefore, at the end of each term, the conclusion of the argument often points out two issues: sanctions and God sacrifices The most used object in the supernatural being yang (divine), has 60 appearances (43.5%), followed by mtâo (ghosts, witches, demons), then supernatural like: atâo (souls of the dead), ksơ\k (evils), mngăt (souls of spirits), Aê Du (gods of wisdom), Aê Diê (the god of creation), These are absolutely imaginary images 3.2 ARGUMENT IN EDE'S CUSTOMARY LAWS REFLECT THE HUMANVIEW OF EDE PEOPLE The humanview of the Ede people is expressed through the use of reasoning basis for argument (which is the topos argument) 3.2.1 The survey results of topos in the argument of Ede’s customary law 17 Table 3.2.1 Statistics of topos in the argument of Ede customary law Rate Kind of topos Frequency % I Topos base on action and human 525 56.3 Action (-) - Quality (-) 434 46.51 Quality(-) - Action(-) 84 Action(+) - Quality(+) 0.43 Quality(+) - Action(+) 0.32 II Topos base on natural and social laws 235 25.2 Topos base on social laws 177 19 Topos base on natural laws 58 6.21 III Topos base on the relation of people in 89 9.5 community The relations between the village leader - the member, the member - the village leader, the member - the 66 7.07 member Relations between parents - children, wives 23 2.46 husbands, brothers, friends, IV Topos base on evaluation 84 According to the value of truth 61 6.54 According to aesthetic value 0.32 According to spiritual values 20 2.14 3.2.2 Characteristics of topos in arguments of Ede’s customary laws 3.2.2.1 Topos base on action and human in arguments of Ede’s customary laws a Topos base on action: from actions infer human i) If human action has a negative quality (-) then that person also has a negative quality (-) This is a common type of topos in Ede’s customary laws Customary law is mainly impeachment, so all objects show up with negative actions with harsh criticism of the community (accounting for 46.51% of the total arguments) ii) If human action has a positive quality (+) then that person also has a positive quality (+) In Ede's customary law, this kind of topos is used very little (only 0.43%) because the customary law is mainly about the crime of the object to have an appropriate form of punishment, it is obvious that the object is a sinner, the sinner will bring negative qualities (-) The purpose of the judge is to state the 18 badness of the object along with the attitude of condemning the bad to the whole community in the village Because of this characteristic, positive actions () that represent the positive side of people are rarely mentioned, it only appears in some cases when it needs to be compared to highlight the opposite, middle, and the good and the bad, between good and evil or when it is necessary to express the views about positive properties needed (in terms of duties and responsibilities) in specific cases b Topos base on human: from human infers actions These topos evaluated: if a person has a positive quality (+), his or her actions also have a positive quality (+), on the contrary, if people have a negative quality (-), their actions also have qualities (-) The Ede people base on an individual to evaluate their actions 3.2.2.2 Topos base on natural and social laws in Ede’s lives a Topos base on the familiar natural laws in the Central Highlands mountains and forests The images and phenomena in nature selected as topos to build the basis for the argument are often detailed to clarify the characteristics and properties for the object Normally, Ede people take natural factors as standards, based on similarities or differences compared with nature to formulate reasonings in accordance with the conclusions i) Topos base on similarities with natural factors Argumenta in Ede’s customary law has used many authentic images in nature to compare with humans Things and facts are placed side by side to create topos in accordance with natural law ii) Topos base on differences with natural factors This type of rguments are often based on topos: what is in accordance with nature is true to the law, on the contrary, contrary to nature is wrong and guilty b.Topos base on the social law of Ede community i) Topos base on the majority This type of topos is based on the opinion of the majority to implement or evaluate a particular behavior This type of topos is based on the behavioral experience of the whole community It can be said that the whole argument in Ede’s customary law uses this kind of topos because customary law is built on the common will of the whole community 19 ii) Topos base on the authority In Ede customary law, people rely on the authority of the head to regulate and manage social relations Every member of the community must follow to the judgment of the god or leader iii) Topos base on the custom of Ede people Many customs of the Ede people become topos to build fulcrums for the foundations towards a conclusion For example, the customs of sacrificing animals or customs "stealing one recouping three", 3.2.2.3 Topos base on the human relations in Ede community The relationships in the Ede village include: the relationship between the head of the village and the members of the village, the relationship between the members of the village, the parental relationship with the children, the relationship of husband and wife, brothers and sisters, friends, … The principle that covers all relationships here is community relations, so the topos are also dependent on this relationship a Topos base on the responsibility of the village leader The village leader "must not abuse of power, use the mandate to unjustly arrest, imprison, and punish others, not fulfill his responsibilities, not take care of the villagers ” b Topos base on the responsibility of the members in village These topos indicate: people "must respect, must not offend the honor and body of khoa pin ea (village leader), must not threaten and bribe the village leader; Everyone must comply with the community regulations that the leader is the operator " 3.2.2.4 Topos base on the evaluation in arguments of Ede’s customary laws a Topos base on the evaluation according to the value of truth These topos are based on truths to affirm the right or wrong thing according to the law In Ede's customary law, the way of argument is based on the evaluation of the truth value used in a diverse and flexible way to match the content shown The Ede often choose to arrange occured images in a certain order as an obvious rule b Topos base on the evaluation according to the aesthetic value These topos are based on beautiful or ugly criteria to evaluate a certain thing or phenomenon For example, when choosing the leader, the Ede are 20 based on the same criteria as: The leader must be the one who is good-looking even looking in front or behind; it means that he must have a comprehensive beauty, he can not lack of any sides, he must be sufficiently talented, he must be deeply knowledgeable about the cultural traditions of his ethnic groups and behaves well with all relationships in Ede community c Topos base on the evaluation according to the spiritual value The moral principle of expressing spiritual values in Ede’s customary law often belongs to the objective aspect, which is not the principle or thinking of a certain individual but rather the standard principles of the whole community All the terms of the Ede customary law are common standards of spiritual value, in which, focusing on topics such as family relations, marriage relations, customs, habits and rituals 3.3 SUMMARY The images included in customary law have characteristics attached to the habitat of the Central Highlands, bring many spiritual values of Ede people Characteristics of this habitat reflect the culture of the Ede people as forest culture, forests have a close relationship with human life The argument in Ede's customary law also shows the economic life of the Ede people, that is the upland field economy by the types of shifting cultivation and rotation, upland field cultivation conbined with cattle and poultry breeding The argument in Ede's customary law also reflects the belief in the life of the Ede people It is a society where people believe that everything is soulful and there are gods that governs spiritual beings The Ede’s customary law not only reflects a specific way of the Ede's habitat with rich ecosystems and diverse economic cultural characteristics but also shows the conception of morality and behavior of people , expressing the spirit of equality, humanity and modernity of Ede people CONCLUSION Through the survey and analysis the characteristics of argument structure in the Ede’s customary law shows: in addition to the general characteristics of Pragmatic argument, the argument in Ede’s customary laws has its own characteristics in organizing the argument components, reflects the habits of using the language and persuasive methods of the Ede people 21 1.1 To fit with the living environment and cognitive ability, in an argument, the Ede people often make many foundations with the use of diverse imaging means Foundations are placed next to each other in a linear order and placed before the conclusion This has built up an inductive model of argument, listeners self-argue and draw conclusions With simple, understandable problems, the argument uses less foundations (5-10 foundations), with complex issues, arguments to use more foundations (over 10 foundations) to concretize every aspect of the incident, avoiding a brief understanding of what the spokesman wants to mention Foundations may be the same category but often belongs to many different categories to easily compare and contrast facts with each other The foundation in the argument of Ede customary law has the function of identifying the behavioral aspects of the object, the foundations always have the ability to elicit a specific event The events presented in the argument also has function to find out the cause of the offender's offense.With a large number of foundations, the content in the foundation is presented in detail, the argument of customary law shows that the speaker has enough evidence to support and say the right thing The foundation system is always clear, the weight of the foundation reflects the sustainability of the argument The use of many foundations in an argument of Ede's customary laws reflects the ethnic mindset: Specific thinking, creating the most simple way of receiving information The Ede persuaded by thoroughly explaining all aspects of the problem to the listeners to conclude themselves Therefore, all things are always analyzed in a multidimensional way The structure of the foundation in a specific way demonstrates the speaker firmly grasping the evidence of the crime while helping the audience understand the crime level of the object All images close to the living environment are associated with them, applied to the arguments to create a lively and understandable way of speaking 1.2 The conclusion in the Ede’s customary law is not only the element of expressing the target of the speaker but also the component that controls the listener, the result of leading the evidence mentioned earlier in the foundations Corresponding to the inductive logic above, the position of the conclusion usually follows the foundations This enables listeners to have time to argue themselves to understand the nature of the problem Conclusion R is always at the bottom of the terms and is represented by single sentences with a stereotyped expression The general conclusion is clear so that the conviction becomes transparent, avoiding misunderstandings of the judgments of the jury The partial arguments have a flexible position (can stand before, between or after foundations), creating a strong network of arguments, it is difficult to 22 refute the argument given The conclusion has a close relationship with the foundations that precede it and is often concurrent with the argument: in accordance with the habits of receiving information of Ede people 1.3 The operator arguments in Ede's customary law may appear in a single form (only one operator argument) or in certain pairs The operator arguments in Ede's customary law have rich, varied expressions about how to express meaning, mainly appearing in the argumentative part with the most obvious role of emphasizing and strengthening, adding arguments to arguments to reach agreement on impeachment (the guilty or not guilty object, how serious the violation is, ) The operator argument is a factor that has a significant impact on the content and meaning of argument in Ede's customary law The operator argument directly participates in the structure of arguments in each clause, creats certain definitions of meaning and status in specific cases The participation of the operators in the argument in Ede's customary law also plays a role in marking the characteristic of argument relation in the concurrent or opposite way The operator argument has confirmed the role of organizing arguments, contributing to create the effect of the argument in each term of Ede's customary laws 1.4 With 20 linguistic elements used as a connector, connectors in the argument of Ede's customary law contributed to organize of arguments, creat many highly coherent and convincing arguments The presence of the connector argument system with a role of clearly changing from the argument to the conclusion contributes to the visible power of argument in customary law 1.5 The terms of Ede’s customary law are organized according to hierarchical structure in the form of complex arguments Argument in Ede’s customary law has used many models of argument structures to express the rules in different situations Most arguments are full of argument components and each of the arguments makes up an argument network with smaller stuctures of argument, this work is intended to increase the conviction for the trial impeachment process The argument models in Ede's customary laws show the evolution of the argument when the speaker wants to draw a conclusion he argument models in Ede's customary laws show that the only way to conclude (the accusation) is that the offender must acknowledge the crime Of course, with customary law, there is no argument in the presence of the offender, so the speaker (pô phat kđi) should assume an idealist To win high, and higher is to serve the purpose of understanding, the speaker must anticipate the opposition and defense of the enemy So the structure of the argument is paid attention by the speaker to direct the content of the argument to the point of understanding: 23 on the basis of firm arguments, it is possible to convict the offender It is the way to build the argument structure which has created persuasiveness with high efficiency, direct impact on the listeners' perceptions Ede's customary law is a form of social norm, aimed at adjusting and maintaining social relations It is considered indigenous knowledge, contains many cultural values of Ede people Ede’s customary law is a "cultural heritage of ethnic groups", production culture, activity culture or belief conceptions, behavious rule in the community, are clearly reflected in this customary law Through the argument in customary law, it is clear that cultural characteristics are reflected in the worldview and the humanview of the Ede people 2.1 Although there are differences in the number of clauses that lead to differences in the number of foundations and conclusions in each chapter, the argument elements of Ede's customary law reflect many cultural values of this ethnic group The survey of the flora, fauna and objects system used in the argument of customary law shows that: the images are used as construction materials in the argument components (mainly these images appear currently in foundations) have characteristics associated with the geographical and living environment of the Central Highlands This living environment clearly reflects the forest culture of the Ede people Argument in Ede’s customary law has generalized the general cultural picture of the typical matriarchy in this land with basic features such as farming, breeding, hunting, gathering, …Production is self-contained, self-sufficient; the form of goods exchange is mainly in artifacts; rudimentary production tools, simple production methods; the village is the only administrative unit and the rural commune is not deeply divided; homogeneous culture in local groups; original polytheistic beliefs, believing in spiritual beings 2.2 Ede’s customary law is not only a rule to manage the society of a community but also includes the concepts of life, behavior and attitudes of people towards nature and society The spiritual culture characteristics of the Ede people are clearly reflected in their humanview During the argument process, speakers often start with a starting point which are topos in the Ede community culture Through the topos system, listeners have a process of selfarguing to understand the problem that the speaker wants to reach, the listener also understands the reason for the crime or the cause of the conclusion given based on the arguments The main topos groups used in arguments of Ede's customary law are: topos base on action and human, topos base on natural and social laws, topos base on the relationship of human in community, topos base on the evaluation Each topos group is divided into sub-groups with different 24 names The argument which has the topos based on negative action (-) to evaluate the negative quality (-) of human beings accounts the largest number (with 434 arguments, accounting for 46.51%) This shows that Ede people evaluate people through actions They aim to observe the work of the object and come to criticize wrongdoings, behaviors that are considered to go back to the standards set by the community It can be said that the topos system in Ede customary law concretized ethical, psychological, life experiences, of the Ede people Based on the conceptions, customs and habitats, experiences of the community, the Ede people have flexibly applied the life reasoning system to the argument to effectively persuade This is a kind of highly effective argument, although it may not be directly present in statements of customary laws but it has become a common behavior principle for the whole community, so the speaker does not need to lead out that listener still understand It can be seen that, in a society that has not yet formed any classes and folk beliefs are rudimentary, the mindset is heavy with specificity, visualization, experience, Ede customary law has been embraced and replaced almost fields of thought, morality, rule of law; clearly reflect the unique characteristics of the ancient Ede people In the research process, the results of the thesis will certainly still have many issues that have not been clarified or are still limited (for example: the thesis has no content comparing the Ede customary law with the Vietnamese people's conventions or compare with customary law of another ethnic minority of Vietnam) In the framework of the thesis, we not set out to solve these problems, will remember and mention in other research projects 25 LIST OF PUBLISHED SCIENTIFIC WORKS OF THE AUTHOR RELATED TO THE THESIS Tran Thi Tham (2016), “Topos in the arguments of Ede’s customary law”, Language And Life Journal(no 6/2016) Tran Thi Tham (2016), “The traditional cultural characteristics of the Ede people reflected in the Ede’s customary laws”, Journal of Education and Society (Special edition - August/2016) Tran Thi Tham (2018), “Operators arguments in Ede law”, Language And Life Journal (no 10/2018) Tran Thi Tham (2018), “The argumentative connector in Ede law”, Language Journal (no 11/2018) Tran Thi Tham (2019), “Directives in arguments of Ede customary law”, Language Journal (no 2/2019) Tran Thi Tham (same author) (2019), “The role of representatives action in customary Ede law”, Proceedings of the National Conference of Linguistics 2019 (episode 2) Tran Thi Tham (2019), “Characteristics of the concluding component in the argument of Ede customary law”, Language Journal (no 5/2019) ... the foundation Ede's customary law pays attention to how to build the structure of an argument The general conclusion R of each clause always at the bottom of the argument but there are cases... including morality, ethics and behavior In order for organizations and forms of punishment to be strong enough for everyone to follow, customary laws need persuasive arguments Ede's customary law... "unfamiliar to Vietnamese linguists, including researchers interested in pragmatics" Later, with the strong development of pragmatics, the problem of argument has been studied by many linguists The