| IATEFL ESP SIG Newsletter nş14 August 1999 |
GETTING TO GRIPS WITH LEGAL ENGLISH:
AN EMERGENT FIELD OF ESP INSTRUCTION IN HIGHER EDUCATION
Luis Pérez González, Universidad Europea de Madrid
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Introduction
In this short article I intend to look at some of the idiosyncratic issues which characterise the emerging field of Legal English (hereafter LE) instruction vis-à-vis its more consolidated counterparts, such as Business or Technical English. In broad terms, the LE instructor does not only have to deal with the relevant grammatical and syntactical difficulties or draw the student’s attention to the terminological and phraseological conventions of the field. Ideally, the instructor should also aim to raise the learner’s awareness of the technical differences which hold between the legal systems at issue, for instance, in the case of the English-Spanish language pair. This task is all the more important if we bear in mind that most of the traditional reference tools —such as course books, dictionaries, grammars, etc.— fail to activate the students’ perception of the linguistic implications of this cross-cultural disparity.
Elsewhere (Pérez-González, 1999b) I have illustrated how concordances may be exploited in the legal ESP classroom in order to bridge some of the gaps between content matter and linguistic form. For one thing, concordances are able to respond to specific learner-generated questions. For another, they allow students to move from data to generalisation and learn to undertake their own research at different levels of language organisation. In doing so, students find it easier to incorporate their linguistic insights into their ongoing training and specialisation as future professionals of the law. In what follows, I will attempt to briefly lay down the rationale for the implementation of this computer-aided pedagogical tool.
Legal English as a newcomer to ESP in Higher Education
Legal English is growing apace as a distinctive field of language instruction within the overall ESP scenario and assuming an increasingly high profile in Law degree programmes across European universities, particularly among those of EU member states. The globalisation of trading and commercial relationships and the citizens’ greater mobility across frontiers are to be held responsible, among other trends, for the ever-growing circulation of contracts or tax-related documents as well as for the proliferation of international banking transactions. As is also the case with other domains of professional activity, private, corporate and government dealings have effectively adopted English as a lingua franca in the last decades.
LE instruction in Higher Education settings is subject to some of the same constraints that apply, for example, in the Business English classroom:
But unlike other strands of ESP, the practice of LE instruction is currently hampered by a number of factors which deserve immediate remedial action:
While intercultural differences may be a relatively ancillary issue in Business English or unimportant in Technical English instruction, they are of central importance to LE and it is fairly obvious that the cultural specificity of the Law across languages is neglected by course books aiming at a universal readership. As a matter of fact, raising the students’ awareness of intercultural differences constitutes a pedagogical challenge whose success relies heavily upon the dynamics of the classroom, in terms of the teacher/students ratio, the learners’ standards of proficiency in English and the range of motivating tools available for classroom work.
Concordances and LE instruction
In the rest of this article, I propose to illustrate the contributions of concordances to LE instruction, mainly by highlighting the specific uses of certain linguistic items/patterns in this area of specialism vis-à-vis their occurrences in non-legal contexts.
One of the most difficult areas in the acquisition of legal language is that of technical terminology and phraseology, that is, the relationship between a given term and its surrounding co-text. Despite the increasing availability of both monolingual and bilingual dictionaries as well as other types of reference materials in printed form (Alcaraz & Hughes 1994; Dictionary of Law 1993), acquiring vocabulary and phraseology in this area of specialism is still a difficult process for a number of reasons:
As opposed to traditional reference tools, the use of concordances in the classroom responds to a more induction-oriented teaching agenda, insofar as "such activities are meant to facilitate the learning process by providing data through which learners may form and test hypotheses and also by helping learners link the new with what they already know" (Nunan 1991: 149). Concordancing is a key tool in corpus research, the corpus being "a collection of naturally occurring language texts, chosen to characterise a state or variety of language" (Sinclair 1991: 14). The principle underlying the use of concordances is that of enabling the learner’s exposure to real language so that s/he can observe language in use; more specifically, concordances are aimed to furnish evidence on the actual use of whatever word/string of words is problematic for the language learner.
As the sample provided below illustrates, a concordance of any word/string of words lists every single occurrence of the former throughout the constitutive texts of the corpus. As explained by Sinclair (1991), concordances are typically exploited in the form of KWIC-formatted concordances. The default full Key-Word-In-Context format prints a whole line of text with the word under examination, i.e. the node, in the middle of the line and with extra space on either side of it. The surrounding text at both sides of the node constitutes its verbal environment and is commonly referred to as co-text. In other words, the node is offered to the researcher/learner for examination within its original context. The following sample concordance draws upon the MicroConcord corpus (1993): its social science minicorpus (corpus collection B) includes a selection of texts on law.
Different studies in the field of vocabulary acquisition (Nattinger 1988, Cowie 1988) have claimed that language use is a compositional process: in other words, language is stored and acquired in the form of prefabricated routines. More recently, other studies (Nattinger & DeCarrico 1992, Lewis 1993, DeCarrico 1996) have reinforced these insights and argued that the recognition of prefabricated chunks of speech is an important aid to speeding the process of language acquisition, thus highlighting the importance of formulaic language ¾ i.e. idioms, lexical phrases, collocations, semi-idiomatic phrases and multi-word lexical phrases¾ and making it worthwhile to carry out further research on conventionalised units of language as the relevant units of analysis for studies on vocabulary acquisition.
Concordances allow students to integrate these theoretical intuition-based insights into their own learning experience, mainly by enhancing their awareness of the formulaic mechanisms which operate in everyday language use. Moreover, the use of concordances secures the learners’ active participation in the identification of multi-word patterns which revolve around one core element but have distinctive meanings in different contexts and draws their attention to the ways in which the foreign language is used to convey meaning. All in all, concordances help to implement a student-centred approach which empowers the learners to apply this empirical learning strategy on an autonomous basis.
Concordances can be exploited either in a selective or exhaustive fashion. Depending on the search node under investigation, the student might need to get rid of some concordance lines ¾ i.e. some non-relevant citations of the occurrences of the search node in the corpus¾ mainly through the formulation of restricted queries which place the search node in a specific phraseological context. Consequently, the potential number of citations is substantially reduced. Now one of the most distinctive features of concordances is that they are able to highlight certain linguistic patterns for the eye. In order words, the order of citations can be manipulated by the analyst with a view to optimise the search results. Accordingly, concordances can be alphabetically sorted out to the right of the keyword or to the left of the keyword. Such alphabetically sorting applies to those items which immediately precede or follow the search node, thus highlighting different visual patterns in each case.
The sample concordance in Appendix I below exposes the learners to a particularly recurrent grammatical pattern in this field of specialism. The overall activity, which consists of several stages, starts by getting the learners to play with the programme options, so that distinctive patterns around the initial search node(s) are highlighted on the computer screen. Students will then be asked to produce a stepped or edited concordance, where the lines displaying the same pattern will be placed together and sorted to the right or left of the node in order to gain an even deeper insight into pattern regularities. Having completed this stage, the learners will list the emerging patterns in the grid provided by the instructor and attempt to match them with the semantic sense (not necessarily legal when the search node is also used in general English) which, in their opinion, best suits the pattern as found in the concordance line. In testing their hypotheses, the students learn to regard the co-text as a reliable source of information, overcome the shortcomings of traditional reference tools and develop a more autonomous stance to the process of learning itself. The activity ends with a practical application of the pattern in question: the student is given a chart representing the hierarchy of the courts in England and Wales and asked, among other things, to refer to their jurisdictions as being either binding on or bound by those of other lower or higher courts, respectively.
Conclusion
In this paper, I have analysed those factors that turn LE into an idiosyncratic field within the overall domain of ESP instruction, arguing the case for a detailed analysis of the needs of LE students and the ensuing design of distinctive curricula which give primacy to the former. I have also discussed the ways in which concordances manage to meet some of those needs, as opposed to the traditional reference tools that fail to provide the learners with direct insights into the interface between language and the law. The direct access to corpus data or edited concordance output allows the learners to identify specific linguistic trends of LE, classify the latter and, finally, generalise on the basis of their learning experience.
Bibliography
Alcaraz, E. (1993) El inglés jurídico y su traducción al español. Valladolid: Instituto de Ciencias de la Educación, Universidad de Valladolid.
Alcaraz Varó, E. & B. Hughes (1994) Diccionario de términos jurídicos: inglés-español, español-inglés. Barcelona: Ariel.
Borja, A. (1996) "La enseñanza de la traducción jurídica" in A. Hurtado (Ed.) La enseñanza de la traducción. Castellón: Universitat Jaume I; 201-205.
Beyer, V. L. & K. Conradsen (1995) "Translating Japanese legal documents into English: A short Course" in M. Morris (Ed.) Translation and the Law. Amsterdam/Philadelphia: John Benjamins; 145-178.
Cowie , A. P. (1988) "Stable and creative aspects of vocabulary use", in R. Carter & M. McCarthy (Eds.) Vocabulary and Language Teaching, London & New York: Longman; 126-139.
DeCarrico, J. S. (1996) "Redefining the distinction between syntax, lexis and discourse". Paper presented at AILA’96: 11th World Congress of Applied Linguistics, Jyväskylä (Finland), August 1996.
Dictionary of Law (1993) (2nd Edition). Middlesex: Peter Collin Publishing.
Fernández, R. & I. Almendárez (1994) A Guide to Legal English. Madrid: Síntesis.
Lewis, M. (1993) The lexical Approach. Language Teaching Publications.
MicroConcord (1993). Oxford: Oxford University Press, 1993.
Nattinger, J. (1988) "Some current trends in vocabulary teaching", in R. Carter & M. McCarthy (Eds.) Vocabulary and Language Teaching, London & New York: Longman; 62-82.
Nattinger, J. & J. S. DeCarrico (1992) Lexical Phrases and Language Teaching. Oxford: Oxford University Press.
Nunan, D. (1991) Language Teaching Methodology: A Textbook for Teachers. New York, London: Prentice Hall.
Pérez González, L. (1999a) "Aplicaciones didácticas y profesionales de las nuevas tecnologías en el ámbito de la traducción jurídica", in A. Argüeso (Ed.) Traducción, Interpretación, Lenguaje. Colección Expolingua, Fundación Actilibre: Madrid; 117-129.
Pérez González, L. (1999b) "Concordances at the interface between the language of the law and the laws of language", in B. Strotmann (Ed.) Applying Technology to EFL Instruction: Proceedings of the Moving Forward Conference. Madrid: Universidad Europea de Madrid.
Powell, R. (1993) Law Today. Harlow: Longman.
Riley, A. (1991) The Language of the Law. Londres: Macmillan Professional Press.
Russell, F. & C. Locke (1992) English Law and Language. London: Cassell.
Sinclair, J. McH. (1991) Corpus, Concordance, Collocation. Oxford: Oxford University Press.
Tuck Onn (1997) "English and the Law Student", in A. Brown (Ed.) English in Southeast Asia 1996; Proceedings of the First ‘English in Southeast Asia’ Conference. Singapore: National Institute of Education; 118-128.
APPENDIX I
WORKSHEET
Lead-in activity
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contracts on her torts she could _ to cabinet minister. This might plainly expressed an intention to n ordinary person can do, and to e business, and has no power to |
bind bind bind bind bind |
only her separate property. She Mr Gonzalez in his efforts either a trustee under a trust in favour itself to such contracts as an or the firm. But limited partnership |
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an then fit into the convention nt offer if both sides agree to the rule that decided cases are ion, and his decision will be a t below the House of Lords, are general he is unable to make a nd have a force nearly equal in characteristic of Case Law. The ent enjoy from the principle of tion of his property or to make n land) may be transferred, and as to enable infants to make a ally disordered person is fully is not, in the first instance, House of Lords _ are absolutely ve not final authority, are not uired ratification to make them |
binding binding binding binding binding binding binding binding binding binding binding binding binding binding binding binding binding |
agreements on subjects like en arbitration. up, During a deba authorities for the future. In authority for all future cases declarations of the law for al disposition of his property or effect to judicial decisions. force of a precedent is a fett precedents: i.e. judicial deci promises to others. As regards promises may be made to an inf settlement of their property u on him unless the other party on any court ranking above it. on all lower courts, and usual upon our courts; but the fact upon him after attaining full |
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is in fact and in law absolutely supplement enacted law, is not uinely legislating. They are not al judge. The Home Office is not Divisional Court is not strictly rth to the Proceedings who was or board a plane, believed to be m the plane to high-speed boats ing 809 cheering East Germans of individual trustees, who are world in which we live there are ersonal skills". Headhunters are ely to hit gilts profits and are tartly, too, the shock waves are n who had parted with it, and as d any talk of sanctions would be court, but is free and indeed is lose self-control, the judge is hink the housing market is ely to follow suit. Spa There is in Northumbrian's region and is f seeking admission to it. He is urrounding hills, and the PLO is djustment in the stock market is a will. cop (ii) Trusts were not one is going to get hurt. That's reasingly importing. Britain was foreign to legacies, which were ch as autonomy and privacy are military bearing are indivisibly itutions of Roman civil law were |
bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound bound |
by any Act which has not been r by previous decisions of the sa by precedent, but make such rul by those opinions, and appears by such earlier decisions. A de by the judgment or order. <pa P for Chile, after they were evac for the Florida coast. They wer for the Rhine region of West Ge to apply and deal with it for t to be periods of turbulence on to find this one a challenge. to raise bad debts _ both corpo to effect markets elsewhere. <s to restore it. So in the case o to have a bad effect. up, Yet e to decide according to the best to leave provocation to the jur to be psychologically affected, to be considerable upheaval am to have ambitions for the regio to realise he can hurt the refo to be accused by its enemies of to mean that investors will dem to a set form. The consequence to happen in a dispute like thi to become a place of paralysing to their traditional procedural up in all sexual cases. It is t up with the loyalty to the Führ up with the rigid observance of |
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1. Bind oneself to do sth. |
2. To be bound to sth. |
3. A binding sth. |
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4. To be bound by sth. |
5. To be bound up with sth. |
6. To be binding upon sth. |
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7. To be binding on sth. |
8. To be bound for a place |
9. Bind somebody. to do sth. |