·设为主页 ·加入收藏
   
  您的位置:首页 > A Contrastive Study of Voices in the U.S. Constitution (1757  
 
A Contrastive Study of Voices in the U.S. Constitution (1757
  
QQ:273097954 代写essay、report、assignment、dissertation,拿手科目Business代写、Marketing代写、Finance & Accounting代写、Economic代写、Management代写、Nursing代写、Law代写、Multimedia& Marketing代写 
 
 
NTRODUCTION
 
Recently, with the increase of cooperation among countries in the fields of economy, politics as well as science and technology, more and more linguists and scholars undertake the study of legal English. When discussing the styles of legal English, many scholars take high frequency of passive voice as one of its syntactic features. But the author finds the absence of this feature in some international conventions,  which employ  more  active  voice rather than passive  voice. 
1.1 Rationale of the Study
Law plays a significant role in protecting a citizen's right, regulating people's behavior and stabilizing society. It even maintains international peace and security.. Law does have an invisible but tremendous power. However, the concepts of law are accessible only through language. That is, language should have power. But, how does legal language express its power? And in what conditions does legal language show its power? Bearing these questions in mind, the author explores this thesis.
1.1.1 The Importance of Legal Language
Law forms the framework within which we manage our daily lives, including our family lives, housing and transport to the public, study and work. It permeates every corner of social fife and to some degree constructs many aspects of modern life. It guarantees the harmony of social development, protects the legitimate rights of citizens and the smooth functioning of government. It even represents national sovereignty and integrity to other nations.
Although law has great power, its functions can not be realized unless it is expressed through language, speech or writing. The British philosopher David Hume claims that law and the legal system are merely forms of language. The legal world starts with language, and the legal processes of formulation, interpretation and even enforcement are realized primarily through language (Wang Jie, 1999: p.1)'.German jurist N. MacCormick says, "the science of law is actually a legal linguistics" (Wang Jie, 1999: p.1-2). Therefore, some scholars said that the law is an overwhelmingly linguistic institution.
A famous professor of law, Peter M. Tiersma, claims in his monograph Legal Language (1999: p. 1)that, Our law is a law of words. Although there are several major sources of law in the Anglo-American tradition, all consist of words. Morality or custom may be embedded in human behavior, but law-virtually by definition-comes into being through language. Thus, the legal profession focuses intensely on the words that constitute the law, whether in the form of statutes, regulations, or just an interesting research area for linguistics. The law andits language affect the daily lives of virtually everyone in our society.
Gibbons (1994: p.1)expresses the same idea that language constructs the law...Language is then central to the law, and law as we know it inconceivable without language (Yang Min, 2007).
From the above mentioned views, it is clear that language forms the law and the legal system and law could not exist without language. Language has power. Hence, it can be said that unlike any other types of discourses, legal discourse provides a complete  and explicit cycle  of communication  to  linguists  (Yang Min,  2007). Therefore, legal discourse is a very valuable and worthwhile field for linguists to undertake research.
However, it is not until late of the last century when linguists and other social
scientists concerned with language come to realize the natural data which wait discovery within the world of tremendous resources of law. Having realized the significance of language in legal field, more and more scholars from different academic circles began to conduct studies on various issues of the legal language.
 .......................................
1.1.2 A Need for Research of Legislative Language  3
1.2 Statement of the Problems   3
1.3 Purpose of the Thesis   4
1.4 Research Methodology and Data Collection  5
1.5 Organization of the Thesis  5
CHAPTER TWO LITERATURE REVIEW   7
2.1 Legal Discourse  7
2.1 .1 A Brief Introduction to Legal English  7
2.1.2 Features of Legal English   7
2.1.3 Differences between National Law and International Law  8
2.1.4 The International Convention as a Special Legislative Discourse  9
2.1. 5 Variants or Sub-Varieties of Legal Language  10
2.2 Previous Studies on Passive Voice  11
2.2.1 Previous Studies on Passive Voice in Theories  11
2.2.1.1 Passive Voice in the Formalistic Approach  11
2.2.1.2 Passive voice in the Functional Approach  13
2.2.2 Previous Studies on Passive Voice in Practices   16
2.2.2.1 The Studies of Passive Voice in Some Specific Discourses  16
2.2.2.2 Different Views about Passive Voice in Legal Discourse   17
2.3 Summary  17
CHAPTER THREE THEORETICAL FRAMWORK OF THE PRESENT STUDY  19
3 .1 Introduction  19
3.2 The Theory of Critical Discourse Analysis  19
3.2.1 General Introduction to CDA  19
3.2.2 Three Major Issues of CDA  20
3.2.2.1 Ideology  20
3.2.2.2 Power  21
3.2.2.3 Social Situation   22
3.2.3 Main Approaches to CDA  24
3.2.4 A Critical- Functional Framework  25
3.3 Devices to Analyze Power in Legislative Discourse under C-F Framework  26
3 .3.1 Analyzing Power at Syntactic Level-Transformation  27
3.3.2 Analyzing at Textual Level-Thematic Structure and Information Structure  28
3.3.2.1 Thematic Structure  28
3.3.2.2 Information Structure  29
3 .4 Summary  29
CHAPTER   FOUR    A  CONTRASTIVE      STUDY    OF   VOICE    IN   THECONSTITUTION AND IN THE CHARTER UNDER CRITICAL-FUNCTIONALFRAMEWORK. 31
4.1 Introduction  31
4.2 Power Realization and Passive Voice in the Constitution  33
4.2.1 Power Realization at Syntactic Level-Transformation   34
4.2.1.1 Passivization in the Constitution  34
4.2.1.2 Power Realization through the Functions of Passivization in the Constitution  37
4.2.2 Power Realization at Textual Level in the Constitution   39
4.2.2.1  Thematic  Structure  and  Information  Distribution  in   the Constitution  40
4.2.2.2 Power Realization in Information Structure   40
4.3 The Low Frequency of Passive Voice in the Charter  43
.........................................................................................................
4.3.1 Power Relations among the Participants in the Charter
Generally speaking, the distribution of power power relations refer to unequal relations, but here it means among participants.
The Charter is one kind of international conventions. Therefore, it has common features of conventions. All participants signed conventions out of their own free wills, so  before  the  Agreements  come  into  force,  every member clearly  knows  the provisions of conventions. Therefore, different from domestic legislative discourses, all the members in conventions have the same social status. Theoretically speaking, there  is  no  compulsion  or  inequity  in  international  conventions  between  the contracting parties which is quite different from the situation in national law. Or it can be said that members in the Charter has equal power at least in form.
The Charter was made with the purposes of maintaining world peace and security, developing friendly relations among nations based on respect for the principle of  equal rights and self-determination of peoples, and promoting social progress and better standards of life in larger freedom. The organization and its members, in pursuit of the purposes stated in the Charter, shall act in accordance with the principles provided in the Charter. Therefore, all members shall perform their own obligations provided in the Charter.     The author observed that most regulations in the Charter employ the sentence structure as "Subject (including organizations and members)+shall/may (not)+verb +objects". For examples:
    Ex.4.23 "All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter."( Excerpt from the Charter, Article2,(2). Hereinafter referred to as Charter, Article X (X))
    Ex.4.24 "While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests." (Charter, Article 12 (1))
Ex.4.25 "The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of decide what measures shall be tak aggression and shall make recommendations, or en  m accordance with Articles 41 and 42, to maintain or restore international peace and security." (Charter, Article 39)
Ex.4.26  "The  General Assembly  may  consider  the  general  principles  of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may makerecommendations with regard to such principles to the Members or to the Security Council or to both."(Charter, Article 11 (201))     The above listed examples show that most regulations are made to stipulate what the participants should do or not do. According to Song Lei,“Passive voice is one outstanding feature of legal English, except contracts which emphasize rights and obligations of the parties involved." (Song Lei&Zhang Shaoquan, 2010: p.132.) So in a sense, the Charter is somewhat similar to a contract which emphasizes the
CHAPTER FIVE CONCLUSION
In this chapter, the study of the whole paper shall be summarized. Then, some contributions  and  limitations  of  the  analysis  shall be presented.  Finally  some suggestions for further study shall be offered.      This paper is a contrastive study of voice in different legal discourses. The author explores the high frequency of passive voice in the Constitution and the lower frequency of passive voice in the Charter under the theoretical framework of CDA and SFG and come to the following conclusions:
     First, generally  speaking,  passive  voice is  an  outstanding feature of legal discourses. The employment of passive voice makes legal texts more objective and formal. It meets the requirements of such texts.
     Second, the high frequency of passive voice in the Constitution has a close relation with the stylistic features of the Constitution. In addition to the objectivity and formality, the functions of passive voice also can be embodied in transformational system and textual system. Such functions closely relates to the hidden power behind the Constitution.
    Third, the lower frequency of passive voice in the Charter challenges  the conclusion that passive voice is the main feature of legal English. More employment of active voice in the Charter is not determined by language itself but the ideology behind the Charter. The high employment of active voice also proves the fact that the Charter is a weak legislative discourse when compared with the Constitution.
     Four, the present study also concludes that "invisible" power and ideology hidden in legal discourse controlling the selection of voice, and the selection of voice also reflects the power and ideology in the discourse.
5.2 Contributions of the Present Study
The present research has made the following contributions:
First, this paper has broken a new ground in analyzing differences between the international law and national law under the linguistic theoretical framework of CDA and SFG. The voice study combines legal knowledge with linguistic theories. This research method provides a new approach for further study of legal discourses.
Second, more employment of active voice in the Charter challenges the opinion that passive voice is the main feature of all legal discourses. So, when emphasis is put on the obligations and rights of the parties, active voice should take priority. In addition, regarding legal discourse as a whole to study its features is not scientific and a detailed classification and researches are needed.
Third either national law or international law has their own specific features besides their common features. More studies should be conducted in their own fields respectively.
5.3 Limitations of the Present Research and Recommendations for Further Study
Although the  author has  made  a contrastive  analysis  of  the  voice in  the Constitution and in the Charter, there are still many limitations in this paper. First, due to the limitations of time and the knowledge, the author only chooses three pairs laws to study, among which only one pair is studied in detail. The statistics of voice employed in the legislative discourses could be more convincing if based on more data. Second, there are many factors influencing the selection of voice. This point has been mentioned in Chapter Two. Here the author just analyzes the voice difference between the Constitution and the Charter from the perspective of power and ideology.
Actually, there are still abundant opportunities for the further study in this field.
First of all, sufficient legal materials both in national law and in international conventions should be collected to make statistics and give enough examples so as to show the frequency of voice adopted in legislative discourse. In this way, the argument will be more convincing.
Second, Contracts and international conventions have similar features, both of which are used to stipulate obligation and rights of participants. Therefore, further study can be conducted to find common features between them.
This paper is far from exhaustive. The author hopes it could provide a potential for further study in this field.
QQ:273097954 代写essay、report、assignment、dissertation,拿手科目Business代写、Marketing代写、Finance & Accounting代写、Economic代写、Management代写、Nursing代写、Law代写、Multimedia& Marketing代写 
 
 
 
 
  会员登录  
 
用户名:
密 码:
   
忘记密码  |  免费注册 
 
  站内查询
 
关键字:
 
  网站公告
 
诚聘商科管理,法律,金融 03-29
网易企业微博也正式开通啦! 03-07
Assignment旗下英联邦留学生 03-03
英联邦@留学生论文代写擅长 03-01
新浪企业微博正式开通啦! 02-27
 
  文章翻译
 
英语系本科生翻译练习之典型 04-23
2013年两会代表精彩语录--英 03-07
大话西游经典台词 ukessay代 03-07
外媒:两会将推动中国关键领 03-06
Transformation of Part of 03-03
 
  Copyright © 2008-2025 留学生论文网 All Rights Reserved 关于本站 | 网站地图 | 网站帮助 | 广告合作 |英文论文代写

为您提供最优质最专业的代写assignment服务,保证是100%原创!通过率99%!专业提供澳洲代写essay代写 ,英国代写report,澳洲assignment,英国dissertation,美国澳洲留学生论文代写,替写留学生essay,帮写澳洲assignment,我们最拿手科目有Business代写,Marketing代写,Finance & Accounting代写,Economic代写,Management代写,Nursing代写,Law代写,Multimedia& Marketing代写.团队至创开始,始终坚持只写熟悉的科目,以确保100%通过率代写dissertation

部分文章以欣赏的角度转载自互联网,如果侵犯到您的权利请留言或者Email告之,本站将在24小时内删除! 记住我们的网址:http://www.ukessay8.com/
点击这里给我发消息 点击这里给我发消息 qq邮箱:273097954@qq.com  qq :273097954 微信号:aw6720 客服电话:(0)1376-863-3153(全天)
加为好友、在线咨询
客服一 点击这里给我发消息
客服二 点击这里给我发消息
MSN