Introduction to English for Specific Purposes (ESP) (2014)

Apunte Inglés
Universidad Universidad de Lleida (UdL)
Grado Derecho - 1º curso
Asignatura Comparative introduction to legal systems
Año del apunte 2014
Páginas 5
Fecha de subida 16/03/2016 (Actualizado: 16/03/2016)
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RCOSTA 1. Introduction to English for Specific Purposes (ESP) 1. What is it? Why does it exist? English for Specific Purposes (ESP) • • • Community.
Restrictive use.
Aims of the community.
Kind of English for Specific Purposes, exclusivity used by people of a community, to accomplish the community uses of the community, that can be made of lawyers.
≠ English for General Purposes: opposed.
Types of English for Specific Purposes English for Specific Purposes is divided in different types: • • English for Academic Purposes (EAP).
English for Occupational Purposes (EOP): o Legal English.
o Business English.
o Technical English: computes, engineering, architecture, etc.
o Medical English.
Why does it exist? • The demands of a Brave New World: historical reasons. Many years ago the French it’s the lingua franca. After the second world war, the English it’s the lingua franca.
• A revolution in linguistics. In 1960’ was a change de revolution, the language depends the context it was used.
• Approach to the learner’s needs (psychology). Linguistics realised that in the process of learning a language.
2. Main features of English for Specific Purposes • • • • Designed to meet specific needs. The communication the needs of this community.
Related in content (i.e. in its themes and topics) to particular disciplines, occupations and activities.
Centred on the language appropriate to those activities in syntax, lexis, discourse and semantics.
In contrast with General English or English for General Purposes.
3. Main goals aimed at by means of English for Specific Purposes Its main goal is to satisfy the needs of communication in a certain field efficiently: • • • Standardisation of language (standard language).
Specialisation and expertise (experts' language).
Clearness, avoid ambiguity (maximum clarity, without ambiguity).
RCOSTA • Precision and certainty (exactly and certainty).
4. Legal English as English for Specific Purposes Legal English can be also considered as English for Specific Purposes, since it fulfils the features of English for Specific Purposes: • • • • Designed to cope with specific needs.
It relates to a particular field: law.
Language acquires special features.
Differs from General English.
But be aware of • The idiosyncratic character of each legal system. Every legal system has juridical figures, institutions, which are idiosyncratic, of every legal system.
• The idiosyncratic features of legal language (common in all language).
5. Contexts in which Legal English is used • National level: within the framework of a single national legal system.
o Common Law tradition countries: England, Wales, Ireland, USA, Canada, Australia, New Zealand, some countries in Asia and Africa.
o Particular idiosyncratic features.
• Supranational level: supranational context. International organisations: treaties, covenants, charters, rules and regulations, case law from international courts, etc.
o Public law (Private Law).
o Language responds to common international concepts, schemes, etc. (not necessarily shared between all the members of the organisation).
o Standardization – Uniformity.
o Influence of common law.
• Transnational level: transnational legal relations between individuals. Mainly agreements, contracts between individuals.
o Private Law.
o One law governing the agreement (the law applicable to the juridical institution).
6. Main features of Legal English Complexity – obscurity.
Plain English movement: to get rid of gobbledygook.
• Style: o Legal language is conservative, reluctant to change and formulaic ≠ English for General Purposes o Latinisms: Inter alia (amongst others).
Ex parte (on behalf of).
Ratio legis (the reason for/the principle behind).
• RCOSTA Alibi (alibi).
Bona fide (good faith).
Quorum.
Res iudicata (judged thing).
Restitution in integrum (complete restitution).
o Terms of French or Norman origin: Some examples: Force majeure (major force).
On parole (at liberty conditional).
Femme sole (single woman).
Lien (lien).
Terms ending with – age: Démarrage (delay).
Others: Garantie (warranty).
o Formal register. Preference for archaic words and phrases: -th ending of verbs in the third person singular of the present tense.
Do, does, did preceding the infinitive which, in older English, was a regular, nonemphatic alternative to the simper present and past.
Lexical choices: Inquire instead of ask.
Forthwith as an alternative to right away, immediately or at once.
Impugn instead of challenge.
o Archaic adverbs: pronominal adverbs: here, there, where (deictic) + (preposition) –AT, -IN, AFTER, -BEFORE, -WITH, -BY, -ABOVE, -ON, -UPON.
Herein (in this).
Hereinafter (in what follows, below).
Thereunder (by virtue of which, subsequently, below).
Hereby (as a result of this).
Thereby.
Whereby (because of which).
Thereunto (in the document or place referred to).
o Said/such.
o Prepositional phrases: Pursuant to (according to).
Without prejudice to.
Subject to (dependent or conditional to).
Notwithstanding (nevertheless).
o Impersonal style: Frequent use of passive voice (+ syntax).
Everyone, every person or no one, no person, whoever, etc. (legislative texts).
Syntax: o Unusually long sentences.
o Abundant use of passive voice.
o Syntactic discontinuity.
o Sentences, phrases and words joined together with the conjunctions “and” “or”, “and/or”.
o Many qualifying phrases and dependent clauses may be required in order to express a concept with the necessary precision and details.
• • RCOSTA o Unusual sentence structures: General English tends to be simpler, with short sentences, less subordination.
Semantics: o Terms of Art or Jargon. Legalese.
o Legal vocabulary: Purely technical terms: Monosemic.
Idiosyncrasy if each legal system: Trust.
Semi-technical vocabulary: Polysemic.
Shared, common, unmarked vocabulary: Legal System.
o False cognates or false friends: there are some words that are apparently very similar to some Spanish words, but their meaning differs substantially.
Article and section (depending on the contexts): Article: a group of sections.
Section: The smallest part into an act or statute is divided.
Magistrate: judges of lower courts.
Legislature: legislative power.
Statute: parliamentary act.
Evidence: anything (documents, statements, objects, etc.) used to persuade the judge to decide the case in a court of law (= proof).
o Word-formation: a feature of legal relationships created at the will of the parties is the use of the following suffixes.
-ER/-OR, to designate the active part (usually).
-EE, to designate the passive part (usually).
o Tendency towards nominalization.
o Detailed language: Exhaustive and redundant.
Repetition (instead of pronouns).
o Doublets and triplets: … Shall be considered null and void.
… Any arising dispute, controversy or claim shall be… … Under the terms and conditions of this agreement… … The parties promise, agree and covenant… … Give, devise and bequeath… … The document shall be deemed full, true and correct.
… This is his last will and testament.
… All goods and chattels attached to the property.
o Shall: is (should be) used to express a mandatory action = to have the duty to do something.
o May: should be used to grant discretion, power or authority to do something. May also is used to express eligibility or entitlement.
Grammar: o Performative verbs: Agree.
Admit.
Pronounce (declare).
RCOSTA Uphold (maintain, affirm).
Promise.
Undertake (contract or commit oneself).
Swear (promise).
Affirm.
Certify.
Overrule (disallow).
o Phrasal verbs: Enter into a contract.
Put down a deposit.
Serve (documents) open the parties.
Write off debts.
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