Nominalization in legal discourse a systemic functional analysis m a thesis linguistics 60 22 15

i HANOI NATIONAL UNIVERSITY UNIVERSITY OF LANGUAGES AND INTERNATIONAL STUDIES POST GRADUATE DEPARTMENT ***** NGUYỄN THỊ HUYÊN NOMINALIZATION IN LEGAL DISCOURSE: A SYSTEMIC FUNCTIONAL ANALYSIS DANH HÓA TRONG VĂN BẢN LUẬT PHÁP: PHÂN TÍCH THEO QUAN ĐIỂM CHỨC NĂNG HỆ THỐNG M.A THESIS English Linguistics 60 22 15 HANOI – 2011 ii HANOI NATIONAL UNIVERSITY UNIVERSITY OF LANGUAGES AND INTERNATIONAL STUDIES POST GRADUATE DEPARTMENT ***** NGUYỄN THỊ HUYÊN NOMINALIZATION IN LEGAL DISCOURSE: A SYSTEMIC FUNCTIONAL ANALYSIS DANH HÓA TRONG VĂN BẢN LUẬT PHÁP: PHÂN TÍCH THEO QUAN ĐIỂM CHỨC NĂNG HỆ THỐNG M.A THESIS Major: English Linguistics Code: 60 22 15 Supervisor: Prof Dr HOÀNG VĂN VÂN HA NOI - 2011 iv TABLE OF CONTENTS DECLARATION i ACKNOWLEGMENT ii ABSTRACT iii TABLE OF CONTENTS iv LIST OF ABBREVIATIONS vii LIST OF FIGURES AND TABLES …viii PART A: INTRODUCTION 1 Rationale Significance of the study Aims of the study Scope of the study Method of study Design of the study PART B: DEVELOPMENT CHAPTER 1: THEORITICAL BACKGROUND 1.1 Introduction 1.2 An overview of grammatical metaphor theory 1.2.1 Definitions of grammatical metaphor 1.2.2 Classification of grammatical metaphor 1.2.2.1 Ideational metaphor 1.2.2.2 Interpersonal metaphor 1.2.2.2.1 Metaphors of modality 1.2.2.2.2 Metaphors of mood 1.3 Concluding remarks 10 CHAPTER 2: NOMINALIZATION 11 2.1 Introduction 11 2.2 What is nominalization? 11 2.3 Functions of nominalization 12 2.4 Categories of nominalization 14 v 2.4.1 Lexical nominalization 14 2.4.1.1 Derivational nominalization 14 2.4.1.1.1 Deverbal nominalization 2.4.1.1.2 Deadjectival nominalization 2.4.1.2 Zero derivational nominalization (conversion) 14 15 16 2.4.2 Clausal nominalization 16 2.4.2.1 That-clauses 17 2.4.2.2 Wh-clauses 19 2.4.2.3 To-clauses 20 2.4.2.4 Ing-clauses 23 2.5 Concluding remarks 24 CHAPTER 3: REALIZATION OF NOMINALIZATION IN ENGLISH legal discourse: “Convention On The Rights Of The Child” 25 3.1 Introduction 25 3.2 English Legal discourse 25 3.2.1 Classification of English legal discourse 25 3.2.2 Characteristics of English legal language 25 3.2.2.1 Lexical characteristics 26 3.2.2.2 Grammatical characteristics 27 3.2.2.3 Textual characteristics 29 3.3 Realization of nominalization in prescriptive legal text “Convention on the Rights of the Child” 30 3.3.1 Introduction 30 3.3.2 Frequency of nominalization 30 3.3.3 Typical types and characteristics of nominalization 31 3.3.3.1 Typical types of nominalization 31 3.3.3.2 Some typical characteristics of nominalization 34 3.3.4 Semantic role of nominalization realized in terms of ideational, interpersonal and textual metafunctions 35 3.3.4.1 In terms of ideational metafunction 35 3.3.4.2 In terms of interpersonal metafunction 38 vi 3.3.4.3 In terms of textual metafunction 38 3.4 Concluding remarks 41 PART C: CONCLUSION AND IMPLICATIONS 42 Recapitulation 42 Implications for teaching and translating English legal discourses 43 2.1 To teachers and students: 43 2.2 To translators 43 Limitation and suggestions for further studies 43 REFERENCES 45 APPENDIX A APPENDIX B vii LIST OF ABBREVIATIONS ESP: English for special purposes SFG: Systemic functional grammar T: Theme R: Rheme NP: Noun phrase CONV: Conversation FICT: Fiction ACAD: Academic DV: Deverbal nominalization DA: Deadjectival nominalization TH: That- clause TO: To- clause WH: Wh- clause ING: Ing- clause viii LIST OF FIGURES AND TABLES Figure 1a: Analysis of congruent form page Figure 1b: Analysis of metaphorical form page Table 1.1: Modality system page Table 2.1: Converted nouns page 16 Table 2.2: Types of to-clause complements across registers page 22 Table 3.1: Frequency of occurrence of nominalization page 30 Table 3.2: Type of nominalization page 31 Table 3.3: Ideational realization of nominalization page 36 Table 3.4: Interpersonal realization of nominalization page 38 Table 3.5: Textual realization of nominalization page page 39 PART A: INTRODUCTION Rationale Nominalization is one of the most prominent features of formal written discourses According to Fowler (1991:79), “English is a sort of nominalized language” so nominalization characterizes almost all English written texts and its frequency of occurrence varies in different functional varieties, especially those formal functional varieties As one type of very formal written discourse, English legal discourse is noted for its high frequency of nominalization Apart from the roles of nominalization in constructing the specific characteristics for this genre, nominalization is also one of the grammar structures causing a higher degree of ambiguity in legal discourses When nominalizing, semantic information is usually left out, which increases the degree of ambiguity and the difficulty in correctly decoding the sentence Therefore, understanding the nature and characteristics as well as the roles of nominalization in English legal discourse will make great contribution to the perception of this discourse genre, which is very necessary in today‟s world when globalization and integration has become an inevitable trend Thus, it is of great necessity to conduct a study on the phenomenon of nominalization in legal discourses if we want to learn more about this important variety of English and benefit the reading and writing of English legal discourses as well as help translators much easier in translating Vietnamese legal discourses into English and vice versa Using the theory of systemic functional grammar which is considered a satisfactory explanation of the phenomenon of nominalization as developed by Halliday (1994) and some other systemic linguists, this thesis attempts to explore how nominalization is realized in English legal discourse with the hope that it will help readers to recognize the importance of nominalization for the comprehension and manipulation this specific genre Significance of the study The result of this study may help improve the ability of understanding English legal discourses and limit avoidable misunderstandings in interpreting legal discourses It also makes contribution to the teaching and learning of ESP for English teachers and students majoring in law Besides, this thesis hopes to assist the translation of Vietnamese legal discourses into English and vice versa Aims of the study The aim of the study is to make an inquiry into how nominalization is realized in English legal discourse To achieve this aim, the study will examine the nature of nominalization, its functions as well as its types Besides, the main characteristics of English legal discourse will be pointed out to set the base for finding out the typical realization of nominalization in this legal discourse Thus, to achieve the aim of the study, the main research question needs to be raised for exploration is: How is nominalization realized in English legal discourse? However, to find the answer for this main question, two following questions must be investigated first: What is nominalization? What are the main characteristics of English legal discourse? Scope of the study The scope of this study is just to investigate the typical realization of nominalization in English legal discourse Since this genre consists of various subtypes, within the limited space for a minor thesis, I only explore the use of nominalization in one of genre in English legal discourse - prescriptive legal text In this thesis, the legal text “Convention on the Rights of the Child” (1989) was chosen as data for my study Method of study This is a case study which sets its main objective of investigating how nominalization is realized in English legal discourse using systemic functional grammar as the theoretical framework To achieve the goal of the study, both quantitative and qualitative method will be employed These two methods are complimentary with the quantitative approach being used to collect and categorize data and the qualitative one to interpret the statistics taken from the data Design of the study The study consists of three chapters: Chapter provides the theoretical background of the study This chapter focuses on introducing important concepts in systemic – functional linguistics relevant to the topic of the thesis such as definitions of grammatical metaphor and its classifications Chapter investigates the general notion of nominalization in the light of the systemic functional theory and some other linguistic approaches In this chapter, nominalization‟s definitions, functions and classification will be presented Chapter provides the background knowledge of English legal discourse by giving its definition, classification and main characteristics Then, an attempt is made to find out how nominalization is realized in English legal discourse In this part, the frequency of occurrence of nominalization, its typical types, characteristics and semantic roles seen from ideational, interpersonal and textual metafunctions will be investigated XXXI 307 cooperation 308 exchange information care 309 treatment 310 dissemination information rehabilitation 311 education aim enabling to improve 312 widen 313 needs 315 enjoyment 316 treatment 317 rehabilitation strive to ensure that no child is deprived of… 319 implementation 321 mortality 322 provision assistance care 323 emphasis development care 325 care XXXII 326 327 329 330 331 332 333 334 335 336 337 338 339 343 344 345 347 application provision risks pollution that all segment…are informed… education use knowledge breastfeeding prevention care guidance education view practices to promote cooperation view achieving realization needs care protection treatment review treatment placement right to benefit XXXIII 348 security insurance 349 realization 350 benefits 351 responsibility 352 maintenance consideration 353 application benefits 356 development 357 responsibility 358 abilities the conditions of living 359 development 362 to implement need assistance 364 recovery 365 maintenance 366 responsibility 367 responsibility 369 agreements conclusion agreements 370 making arrangements 372 education view XXXIV 373 achieving this right… basis 375 education 376 development education 377 education 378 introduction 379 education offering assistance need 380 education basis 382 information guidance 384 attendance reduction 386 that school discipline is administered… 388 conformity 389 cooperation 390 education view contributing elimination 391 ignorance illiteracy facilitating 392 knowledge XXXV 393 395 396 397 398 400 401 404 405 407 410 411 417 418 420 teaching needs developing countries that the education …shall be… education development abilities development respect freedoms development respect values values preparation understanding tolerance equality development respect observance requirements education the right… to enjoy to profess (to) practice to use the right to rest XXXVI 421 423 424 428 429 430 432 435 436 438 442 443 444 446 447 450 452 453 454 to engage to participate the right to participate provision exploitation performing work education development implementation end admission employment regulation employment enforcement use production trafficking to protect exploitation abuse inducement coercion use prostitution practice use XXXVII 457 460 463 464 465 466 469 472 474 476 477 479 480 481 482 performances abduction traffic exploitation that no child shall be… torture treatment punishment punishment imprisonment possibility release offences arrest imprisonment conformity humanity respect needs interest right to maintain visits rights to prompt assistance the right to challenge legality deprivation decision XXXVIII 484 485 487 488 489 492 493 494 495 496 499 500 501 502 503 action to respect to ensure respect rules conflicts that persons…do not take… hostilities recruiting endeavour to give obligations conflicts protection care conflict recovery reintergration neglect exploitation abuse torture degrading treatment punishment conflicts recovery reintegration self-respect XXXIX 505 accused of having 507 promotion worth 508 respect freedoms 509 desirability promoting 510 reintegration child‟s assuming 512 that no child shall … 513 accused of having 514 acts omissions 516 accused of having 517 guarantees 519 charges 520 guardians 521 assistance preparation presentation defence 522 delay 523 hearing 524 presence assistance 525 interest 526 guardians 527 to give XL 528 529 530 531 533 534 536 538 539 540 543 544 545 546 to confess to examine witnesses to obtain participation examination witnesses equality decision consequence assistance privacy to promote establishment accused of having establishment to have the capacity to infringe safeguards care guidance orders counseling care education vocational training program care to ensure XLI 548 551 557 560 561 564 565 567 568 572 574 575 576 580 581 583 584 586 587 588 589 590 593 that children are dealt… offence realization to make progress in achieving the realization of… realization obligations high moral standing competence consideration distribution election election to submit nomination elections meetings meetings votes votes re-election election election meeting that …he or she can… cause remainder XLII 594 596 598 599 600 603 605 609 610 611 612 616 617 618 619 621 622 623 624 625 627 628 approval rules meetings meetings meeting approval performance with the approval of… to submit reports effects progress enjoyment reports difficulties fulfillment obligations reports information understanding implementation reports reports information information implementation reports reports XLIII 631 632 634 635 638 641 645 646 647 648 649 671 672 673 674 678 implementation cooperation consideration implementation to provide advice implementation to submit reports implementation reports request a need advice assistance observations suggestions indications requests recommend… to request studies suggestions recommendations information suggestions recommendations comments signature XLIV 680 ratification ratification 689 ratification 691 ratification 693 ratification 695 amendment 697 amendment request 698 purpose of considering 699 voting proposals 700 communication 702 amendment 704 approval 705 amendment 708 amendment 710 amendments 713 reservations ratification 715 reservation 717 reservation notification 719 notification effect 722 notification 723 denunciation 724 receipt notification XLV ... Classification of nominalization in English Basing on the systemic functional approach, we can divide nominalization into two main types: lexical nominalization and clausal nominalization Details... uses a kind of grammar means to replace another, but expresses the same grammatical meaning From this point, grammatical metaphor has its unique performance characteristics as a kind of grammar phenomenon... Binominal and multinominal features These terms (binominal) and (multinominal) are terms by Bhatia Very often in legal English, two or three words of the same grammatical category which are syntactically