Some discourse features of english sales contracts

- 1 - Acknowledgements This thesis was completed due to the intellectual, emotional, and material support that I have received from my teachers, friends, and family whom I would like to thank here. First, I would like to acknowledge my indebtedness to my supervisor Mr TrÇn B¸ TiÕn for his invaluable suggestions, corrections and advice that helped me to fulfill this study. I am also grateful to all the other teachers at the Department of Foreign Languages for all their enthusiasm and suggestions which help me overcome difficulties in the process of my study. As always I wish to express my special thanks to my parents for giving me encouragement and creating favourable conditions in making my study possible. My gratitude is also extended all of my friends for their assistance in providing me necessary materials for the study. - 2 - Abstract In this thesis,some discourse features of English Sale Contract will be analysed and displayed in different sections corresponding to type of cohesive device.In chapter I we will deal with the definition of discourse and discourse analysis, spoken and written discourse, discourse context, discourse topic, cohesion and coherence, aspect of coherence, cohesive devices, discourse structure, cooperaive principle and speech acts. Then we will be presenting what contract is and explaining in details some grammatical, lexical and textual features of contracts in chapter II. Analysing and coding cohesive devices in English Sale Contract will be presented in chapter III of this thesis. Finally, some implications to English teaching and translating are provided in the hope that readers will benefit from it. - 3 - Table of contents Acknowledgements: Part one: Introduction .1……………… ……………………… … 1. Rationale of the study 1………………………………………………………… 2. Aims of the study……………………………………………………………… 1 3. Methods of the study . 2………………………………………………… …… 4. Scopes of the study ,,,, 2…………………………………………………… …… 5. Design of the study . . 3…………………………………………………… … … Part two: Contents 4……………… ………………………… … Chapter I: Theoretical background . . 4………… … … …………… … …… 1. Discourse . 4………………………………………………………… ……… 1.1. What is discourse? . 4………………………………………… …………… 1.1.1. Definition of discourse 4………………………………………………… 1.1.2. Definition of discourse analysis 5……………………………………… 1.2. Spoken and written discourse 7………………………………………… 1.3. Discourse Context 9……………………………………………………… 1.3.1. What is context? 9………………………………………………………… 1.3.2. Context versus Co-text 10………………………………………………… 1.4. Discourse topic .11………………………………………………………… 1.4.1. The notion Discourse topic 11“ ”………………………………………… 1.4.2. Discourse topic .12………………………………………………………… 1.4.3. Topic framework 13……………………………………………………… 2. Cohesion and coherence .13……………………………………………… - 4 - 2.1. Cohesion versus Coherence .13………………………………………… 2.2. Aspect of coherence .15…………………………………………………… 2.2.1. Topical cohesion . .15………………………………………………… …… 2.2.2. Logical cohesion .16…………………………………………… ………… 2.3. Cohesive devices 17………………………………………………… …… 2.3.1. Reference .17………………………………………………………… …… 2.3.2. Ellipsis .18………………………………………………………… ……… 2.3.3. Substitution .19………………………………………………… ………… 2.3.4. Conjunction 20……………………………………………… …………… 2.3.5. Lexical cohesion 21…………………………………………………… … 2.3.5.1. Repetition 21……………………………………………………… … 2.3.5.2. Synonymy 21……………………………………………………… … 2.3.5.3. Antonymy 21……………………………………………………… … 2.3.5.4. Association .21………………………………………………… …… 2.4. Discourse structur . .23…………………………………………… ……… 2.5. Cooperative principle . .24…………………………………………… … 2.6. Speech acts . 25…………………………………………………… ……… Chapter II: The English Sale Contract and its properties . .27……… … 1. What is contract? . 27…………………………………………… ………… 2. Why are contracts made? 27…………………………………………… 3. Register .28………………………………………………………………… 3.1. What is register? 28……………………………………………………… 3.2. The parameters of register .29…………………………………………… 3.2.1. Field 29…………………………………………………………………… 3.2.2. Mode .29…………………………………………………………………… - 5 - 3.2.3. Tenor .30…………………………………………………………………… 3.3. Use of grammar 30……………………………………………………… 3.3.1. Modality 30……………………………………………………………… 3.3.2. Use of passive voice and active voice 32……………………………… 3.3.3. The Clause pattern in English Sale Contract . 33 ………………… …… 3.3.4. Binominal and multinominal . 36………………………………… ……… 3.3.5. Complex prepositional phrases 36…………………………………… 3.4. Use of vocabulary . 37………………………………………………… … 3.4.1. Archaic words 37……………………………………………………… … 3.4.2. Technical words 38……………………………………………… ……… 3.5. Speech acts……………………………………………………………… 38 4. Theme – rheme .39………………………………………………………… Chapter III: An analysis of the structure of English Sales Contracts 1. Structure of the contract 43……………………………………………… 2. Cohesion .…………………………………………………………… …… 43 2.1. The realization of the two aspect of coherence 44…………………… 2.1.1. Topical cohesion 45…………………………………………………… 2.1.2. Logical cohesion 46…………………………………………………… … 2.2. Cohesive devices 46…………………………………………………… … 2.2.1. Grammatical cohesion 46…………………………………………… … 2.2.1.1. Reference ………………………………………………………… … 46 - 6 - 2.2.1.2. Substitution 47………………………………………………………… 2.2.1.3. Ellipsis .48……………………………………………………………… 2.2.1.4. Conjunction .48………………………………………………………… 2.2.2. Lexical cohesion .50……………………………………………………… 2.2.2.1. Reiteration .50………………………………………………………… 2.2.2.2. Synonymy .51…………………………………………………………… 2.2.2.3. Antonymy .51…………………………………………………………… Part three: Conclusion 53……………… …………………… 1 Summary of the study 53……………………………………………………… 2 Teaching implications 53…………………………………………………… Rererences Appendix - 7 - Part I: Introduction 1. Rationale of the study . Legal acts appeared long ago in the history of human beings. For example, in Vietnam, the earliest written law code dates back from the Ly dynasty in the eleventh century, and the penal code from the Le dynasty “Luat Hong Duc” written in 1440 has been still kept until the present time. Modern law code was written several recent decades ago. Nowadays, due to the development of the world, more and more law codes have been promulgated. Thus, research on the language of legal acts is very necessary. It is not easy to understand legal documents structurally and linguistically because its communicative purposes differ from the ordinary genres. Sales contracts are a form of written documents used as a means to bind business partners to legal obligations. It is no exaggeration to say that sales contracts can lead to the success or failure of a company. Many bitter lessons have been drawn from the fact that a number of Vietnamese companies have been driven to unfavourable situations due to poor translation or inexperienced contract makers’ ignorance. It is therefore essential for translators and English teachers to have good knowledge of contract making and translation so that such failures can - 8 - be avoided. This is the driving force that has inspired me to investigate this subject. It is hoped that the study is a contribution to English teaching and learning, and a good source of reference for those who are interested in the area. 2. Aim of the study. Originating from the above reasons, this graduation paper is aimed at: - Firstly, clarifying the special features and languages used in English Sale Contract to students and teachers - Secondly, analysing the structure of English Sale Contract in terms of discourse analysis. - Thirdly, applying the theory into practical work by analysing some authentic contracts to help readers gain better their understanding of this issue. - Most importantly, identifying some implications in the hope of helping learners of English to improve their competence to analyse a contract and make good contracts. 3. Scope of the study. Within the scope of this thesis, a full catalogue of discourse features of English is too great a subject to deal with. Going deep into the analysis of the minor details of the matter seems to be impossible, considering time and resource constraints. Thus, this paper wishes to touch upon some prominent features of discourse with the following foci: Firstly, the theoretical scope of the study mainly focuses on: Discourse, cohesion and coherence, discourse structure, cooperative principles and speech acts. These types are then subclassified according to their manner and features - 9 - Secondly, the practical scope of this study is limited to written Sales Contracts and the focus of data analysis is cohesive devives, coherence and some register characteristics of Sales Contract. In short, I have no other wish than to present some findings from my study. It is hoped that this study will be of some use to teachers and students at different levels in the process of mastering English discourse. 4. Methods of the study. Within the small scope of this graduation paper, so to achieve the above- mentioned aims, the following methods have been applied. The first is collecting English sale contracts and classifying grammatical and linguistic materials concerning discourse features. The next is analysing all the information selected from English sale contracts and representing it in my own words. Finally, the information obtained will be dealt with, analyzed in order to reach some conclusions on the subject – matter under investigation, and necessary comments should be accordingly made. 5. Design of the study: This study consists of three parts. Part One: Introduction. Part Two: Contents. Chapter I is about theoretical background and provides a clear – cut and systematic presentation of English discourse. Chapter II gives some characteristics of English Sale Contracts Chapter III gives a discourse structure of English Sale Contracts Part Three: Conclusion. - 10 - Part II: developments Chapter I : Theoretical background. 1. Discourse 1.1 What is Discourse? 1.1.1. Definition of discourse. There are many opinions of discourse. In cohesion in English, Halliday and Hasan (1976: 1) states: a text is a unit of language in use. It is not a“ grammatical unit, like a clause or a sentence .” According to Brown and Yule (1983: 31): “discourse is language in use… it cannot be restricted to the description of linguistic forms independent of the purpose or functions which these forms are designed to serve in human affair .” While Nunan (1993: 5) states: “discourse is a continous stretch of (especially spoken) language large than a sentence, often constituting a coherent unit, such as sermon, argument, joke, or narrative .”