An analysis of word formation in english and vietnamese terminology

MINISTRY OF EDUCATION AND TRAINING HO CHI MINH CITY UNIVERSITY OF LAW FACULTY OF LEGAL LANGUAGES GRADUATION THESIS B.A DEGREE IN ENGLISH Major: Legal English AN ANALYSIS OF WORD FORMATION IN ENGLISH AND VIETNAMESE TERMINOLOGY Supervisor : Nguyen Thai Son, M.A Student : Hong Viet Truc Student ID : 1552202010067 Class : LE40B Ho Chi Minh City, 2019 [This page is intentionally left blank.] Running head: WORD FORMATION IN E-V TERMINOLOGY Word Formation In E-V Terminology Hong Viet Truc Ho Chi Minh City University of Law WORD FORMATION IN E-V TERMINOLOGY Supervisor’s Remarks WORD FORMATION IN E-V TERMINOLOGY Acknowledgements It has been a roller coaster to actually look back the whole journey of mine throughout these four tremendous years in Ho Chi Minh City University of Law During those years, I have met so many great new people with never ending passion; also at the same time, I have also got chances to reconnect with my beloved ones, who has never given up on me since Day one They have shaped me to a kind of person that I’m totally in love with at the moment: optimistic, cheerful and considerate Therefore, I would like to take advantage of this opportunity to give my sincere thank to every people who have shared their greatness to contribute and make my world such a happy place to live First of all, I would want to dedicate myself to my family These four years sometimes did go up and down, but whenever I’m with them, I always feel I’m cherished, protected and cared The least that I want is to be apart from any of you! Please stay for eternity! Another sincere thank would go to Mr Nguyen Thai Son, our down-to-earth and “passio” lecturer during those four years in this university together! You have complimented me with real care and attention, though I sometimes feel very pressured as I thought I may make you disappointed Thank you for this “thesis” journey, which is, I have to admit, a huge huge project for someone really has problems with timing like me I truly appreciate to have your guidance since Day one You made it hard work but enough to make me work for it, but you still cared and was very soft-hearted when I make mistakes I would like to wish you the best for you and your upcoming journey May you still got time to explore places like you have always loved to do! A sincere thank goes to my beloved LE40B! Thank you Phuong, Phuc, Thao, Thanh Truc, Van, Thuy, Thang, Tri, and every single member in our class! Thanks for being the memories, as your support, your appreciation really comforts me and urges me to well for all of you! Another thank goes to each and every single individuals I have met in these four years, including the whole group of Guitar Club, for always letting me in despite my “distance” for some times; the whole big big group of Ban Hoc Tap Doan Truong, who still get in touch with me, even after we had “resigned” from doing all the “hard” but fun work! Thanks to all my lovelies, Joe, Candie, our primary crew and so on, who have always been there for me since Day One! I wish that my sincere thank could come across amazing journeys at Shin&Kim with Mrs Phuong Anh, lots of fun with Ms Jasmine, Ms Tuyen, Ms Tram, Mr Lap, Ms Dung, Mr Sean, Mr Khuong and so many more with our beloved lecturers from all faculties! Thank you for shaping me a wonderful person as now Wishing you all the best that yet to come! WORD FORMATION IN E-V TERMINOLOGY Abbreviation Index Abbreviated form Full meaning Intro book Krois-Lindner, A., Firth, M & TransLegal (2008) Introduction to International Legal English Cambridge University Press ILE book Krois-Lindner, A & TransLegal (2011) International Legal English (2nd Edition) Cambridge University Press V Verb(s) N Noun(s) Adj Adjective(s) WORD FORMATION IN E-V TERMINOLOGY Figures Index Figure Summary Of Word-Formation Processes In English Language 19 Figure Summary Of Word-Formation Processes In Vietnamese Language 25 Figure Irrelevant Words In English Legal Glossaries 29 Figure Frequency Of Word Formation Processes Occurrence In The Intro Book 30 Figure Frequency Of Word Formation Processes Occurrence In The ILE Book 30 Figure Frequency Of Word Formation Processes Occurrence In The Glossary Of Vietnam’s Competition Law 2018 32 Figure Frequency Of Word Formation Processes Occurrence In The Glossary Of Vietnam’s Commercial Arbitration Terms Figure Three Dimensional Concepts 32 37 WORD FORMATION IN E-V TERMINOLOGY TABLE OF CONTENTS Introduction I Study Questions And Necessity Of Research II Scope Of Research 10 III Literature Review 11 IV Research Methodology 12 V Structure Of Thesis 12 Chapter One: Theory Of Word Formation In General I Theory Of Word Formation In English Language 14 1.1 George Yule and his types of word formation processes in English 14 1.2 Nine ways plus to form English words – in details 14 Coinage & eponym 14 Borrowing & loan-translation (calque / word-by-word translation) 15 Compounding 16 Derivation 16 Blending 16 Clipping & hypocorism 16 Backformation 17 Conversion 17 Acronym 18 Multiple processes 18 II Theory Of Word Formation In Vietnamese Language 21 2.1 Distinguished viewpoints of researchers in classifying Vietnamese’s word formation processes 21 2.2 Vietnamese word formation – how are they differentiated from English’s processes? 22 Compounding & derivation 22 WORD FORMATION IN E-V TERMINOLOGY Borrowing & loan words / calque words 23 Blending 23 Clipping 24 Acronym 24 Conversion 24 Reduplication 24 III Chapter One In Brief 26 Chapter Two: Word Formation Processes In English And Vietnamese Legal Terminology I Theory Of Terminology 27 1.1 Definitions of terms and legal terms 27 1.1.1 What are terms? 27 1.1.2 What are legal terms? 28 1.2 Characteristics of legal terms 28 II Word Formation Processes Involving In English Legal Terminology 29 2.1 Findings of word formation processes within two English legal glossaries 29 2.2 Remarks 31 III Word Formation Processes Involving In Vietnamese Legal Terminology 31 3.1 Findings of word formation processes within two English legal glossaries 31 3.2 Remarks 33 IV Chapter Two In Brief 33 Chapter Three: Some Applications Of Word Formation In Translating Law I Law, Language And Translation 1.1 Law and Language are system-bound 34 34 WORD FORMATION IN E-V TERMINOLOGY 1.2 General translating techniques and the outcome of a translation 35 1.3 Types of documents in need for legal translation 36 II Some Common Terminological Issues 37 2.1 Concepts – Legal Concepts in its Three Dimensions’ Theory 37 2.2 Classification of terms to be translated and the issue of non-equivalence 38 III Aiding Legal Translation With Word Formation Processes 38 3.1 Short revision on word-formation processes in English and Vietnamese legal 38 terms 3.2 When, Why and How to apply? 39 3.3 Limitations of suggestions 40 IV Chapter Three In Brief 41 Conclusion Of Thesis I Summary of Research 42 II Limitations of Research 42 III Suggestions for further studies 43 Bibliography (P.44) Appendix (P.46) 55 ddd d55 default failure to perform a duty, whether legal or contractual: failure to pay a sum that is due defendant (also respondent) person against whom an action is brought in court Defendant is generally used when referring to the ans'Nering party to a civil complaint: respondent is generally used when referring to the anS'Nering party to a petition for a court order dele :,lte to give (duties) to another, to entrust another (with duties) nelegate (UK) third party in a delegation to whom the duties have been transferred (US delegatee) I.tle "ltion t I transfer of responsibilities to be performed under a contract to another delegator person who transfers his duties to another [It Ii\lery formal act of transferring something or passing possession on to someone else dt:' legally protected interest In the form of appearance style or texture of a particular Item directive order from a central authority for example, the European Community A European Community Directive is binding as to the result but each Member State may choose how to Implement it disatHln) condition of being unable to something due to a physical or mental impairment disbar (US) to declare a person unable to practise law In the UK the barnster is expelled from his or her Inn of Court and is no looger allowed to represent in court discharge to release a person from an obligation disclaimer repudiation or denial of a legal right or claim disclaimer of warranties statement which limits the liability of the seller for any defects of their goods discriminatory dismissal termination of an employee's employment contract based on a prejudice or bias dividend distribution of company profits to its shareholders draft to produce a piece of wnting or a plan that you intend to change later drawee person in a bill of exchange who conducts payment or is directed to make payment: often a bank drawer person in a bill of exchange who pays the sum of money duress unlawful threat or coercion used to force someone to enter into a contract duty obligation owed or due to another by law duty of care obligation of a person to act with reasonable caution or prudence, the violation of which results in liability at law easement right enjoyed by a person other than the owner of a piece of land to use or control that land or a part of that land No property rights are conferred upon the person using the land of another An example of an easement is crossing a part of another"s land in order to access a public road economic efficiency economics term that refers to the optimal production and consumption of goods and services employment tribunal Judicial body that resolves disputes between employers and employees endorsement (UK) writing, including signature on the back of a document which allows for the transfer of the instrument (US mdorsemenr) enforceable capable of being made effective In the case of an agreement It is one in whiCh one party can legally compel the performance of the other party enforceable right interest the law gives effect or force to entry of appearance written notice of appearance during a hearing which provides the respondent's full name and contact details, as 'Nell as a statement of opposition to the claim, including the grounds upon which it is opposed cl It reversion of land to the state if the land owner dies without a will or without any heirs term provision required for a contract to exist t al.) (latin) and others (etc (latin) and other things of the same kind " I' sale use and benefit of a property c 1\1 K) clu sale po'Ner or privilege under the law CL lien created when a debtor's assets are seized for the purposes of enforcing a judgment exel rat.d ( (latin) for example M see pumtive damages d (also benefit of !he batgain damages) compensatioo for the loss of benefits that a person would have recei\led had the contract been performed expot:rt , itne,.s person who the court considers to possess specialised knowledge or skill and who is allowed to offer an opinion as testimony in court ellpre'iS contract contract whose terms have been specifICally outlined, either In writIng or orally ell.press warranty guarantee that is created by the seller, whether oral or written extraordinary general meeting (EGM) (UK) any meeting of the shareholders of a company other than the annual general meeting whiCh is called to discuss certain special issues of a company (US special meelinJ1l fair dealing (UK) see nght of faIr use; (US) duty of full disclosure imposed on corporate directors, officers and parties to a contract fair use (US) see right of falf use fee simple whole interest in a piece of real property: the broadest interest in property allowed by common law fee tall estate which lasts as long as the original grantee or any of his descendants live fiduciary duty obligation to act solely in the best interests of another file with to officially record (e.g in a court of law) financing measures methods of securing funds or money first-In-time rule which distinguishes which creditor has first claim over a debtor"s assets fitness for a particular purpose if a buyer is buying property for a certain reason and the seller knows this, then this warranty ellists by law to guarantee that the property is suitable for that certain reason Sometimes referred to as warranty of fitness fixed charge (UK) grant of security for a loan on a specific asset or on specific assets whereby the creditor has first claim to recover upon default by the debtor (US security interest m specific assets: (prior to UCC) chattel mortgage) floating charge (UK) form of secunty Interest over the debtor's assets which may change on a daily basis, such as stock; a grant of security for a loan on the company's assets in general and not 0f1 any specific asset (US noatmg lien) foreseeability reasooable anticipation of IXIssible results of an action 56 ddd d 56 fOrl'sooability rule rule that states that damages are only recoverable when it can be established that the damage was reasonably anticipated by the breaching party at the time Ule contract was entered into n model document or agreement with blank spaces to be filled in 'm.'llll)(l act of bringing a contract Into eXIstence deliberate misrepresentation or concealment of a matenal fact to gain an advantage I the in' '" "" "I act of misrepresenting or misleading someone so as to entice them to enter into a contract or agreement estate property whose duration of ownership or occupation is not determined friendly takeover situation where a company attempts to buy another company with approval of the board of directors of the company that is being bought 'c I,In- to obtain the power to direct or have Influence over the management of a company , 1) claIm or interest resulting from a legal proceeding in which party A (CreditOf') requests a court to issue an order or writ against party B (garnishee) holding property of or oWing money (e.g bank account or wages) to party C (debtor) to release the relevant property or money to the creditor: 2) the whole process involved in the legal proceedings described in 1) above -neral creditor creditor who has no lien or security for payment against the debtor's assets (also known as an unsecured creditor, ral damages (also actual damages) compensation for proven injury or loss ti"[1 I qu ,ati"Jn limited circumstances where sex or marital status may be used as a Job reqUirement law firm that employs hunclreds of attorneys from all over the world state of m"'d whereby a person has an honest COrtvictlon that they are observing reasonable commercial stanclards of fair dealing ,Ie title that is valid ancl free from defects such as hens, litigation or other encumbrances K)