Semantic, structurual and cognitive approaches term in the works by John Grisham
The notion of terminology and terms in modern English language. Characteristic features of professional law terminology. Systematization of law terms in the works by J. Grisham according to Semantic Classes. Classification of Law Terms in the Works.
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Язык | английский |
Дата добавления | 16.05.2018 |
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MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE
M.P DRAGOMANOV NATIONAL PEDAGOGICAL UNIVERSITY
TTAINING UNIVERSITY FACULTY OF FOREING PHILOLOGY
ENGLISH PHILOLOGY DEPARTMENT
Semantic, structurual and cognitive approaches term in the works by John Grisham
Term paper Perfomed by
Kurbatova Olena
Group 41aa
Scientific supervisor: Assistant professor
Rudnyk T.M
Kyiv-2017
Content
Introduction
1. Theoretical aspects of professional terminology
1.1 The Notion of Terminology and Terms in Modern English Language
1.2 Characteristic Features of Professional Law Terminology
2. Semantic, structural and cognitive approaches of studying terms in the works by John Grisham
2.1 Systematization of Law Terms in the Works by John Grisham according to Semantic Classes
2.2 Classification of Law Terms in the Works by John Grisham
Conclusions
List of literature
Introduction
terminology english professional grisham
The given term paper is concerned with the characterization of law terms in literary texts in semantic, structural and cognitive approaches. The topic of the investigation is « Semantic,structural and cognitive approaches terms in the work by John Grisham ».
The relevance of this topic is rather high. Linguistic investigations of recent years contain much valuable information in the field of the English word-stock. A lot of prominent linguists have been studying the etymological peculiarities of the English vocabulary. It has been investigated by such linguists as N. Gashina, R. S. Ginzburg, S. S. Khidel, E. Gordon, I. Krylova, A. Koonin, E. Partridge, E. Radford and many others. But a lot of unstudied questions on this topic still remain.
The specific topic of the research is law terms as an important component of professional terminology of the English language.
The subject area of this research is the area of English professional terminology, namely law terms functioning.
The objective of the research is to systematize and to classify law terms in the works written by John Grisham according to semantic, structural and cognitive approaches.
The tasks of research:
- to state the notion of terms in modern English language;
- to examine characteristic features of professional law terminology;
- to highlight specific features of J. Grisham`s vocabulary;
- to make systematization of law terms in the works by John Grisham according to semantic classes;
- to give classification of law terms in the works by John Grisham.
In the present research the following research material was used: three thrillers „The Chamber” [22 ], “The Street Lawyer” [25], “The Testament” [26], “The Pelican Brief” [23], and „The Runaway Jury “ [24] written by famous American lawyer and author J. Grisham.
The theoretical value of the research consists in identification and substantiation the specificity of law terms usage in the works by John Grisham according to semantic, structural and cognitive approaches.
The practical value of the research and obtained results of the investigation lay in the fact that its conclusions, results, claims and practical assertions can be involved in further researches in the field of studying professional terminology of the English language in works written by J. Grisham.
Because of the limitedness of the present research, all the cases of the law terms occurrences in J. Grisham's works won't be classified. The greatest attention wills be arrested on analyzing of the most widespread categories according to semantic, structural and cognitive approaches.
1. Theoretical aspects of professional terminology
Active interaction of countries of the world community raised a wide range of issues concerning international business activities. Foreign and multinational corporations as well as domestic companies are involved in international deals all over the world. With rapid growth of international business transactions and, consequently, international commercial disputes, the problems of legal translating acquired vital importance. English language has become prominent as the operational language of many law firms and multinational corporations. Thus, interest in studying English legal terminology and legal translating has recently grown up.
In this section of the research the notion of terms in modern English language will be stated. It will be also examined which characteristic features professional law terminology as an important component of professional terminology of the English language has.
1.1 The Notion of Terminology and Terms in Modern English Language
Hundreds of thousands of words belong to special scientific, professional or trade terminological systems and are not used or even understood by people outside the particular speciality. Every field of modern activity has its specialised vocabulary. There is a special medical vocabulary, and similarly special terminologies for psychology, botany, music, linguistics, teaching methods and many others.
Many linguists have spent years researching the terminology aspects, terminology as a discipline, its types, principles related to it. Let us come closer to this item. World English Dictionary pays attention to the pronunciation (t??m??n?l?d??) and characterizes it as:
1) the body of specialized words relating to a particular subject;
2) the study of terms.
They say terminology originated in 1795-1805 from Ger. Terminologie (1786), a hybrid coined by C. G. Schьtz of Jena, from terminus "word, expression".
Terminology in colonial history was an unstable rudimentary hybrid language used as a means of communication between people having no other language in common. Although the term was long synonymous with pidgin, as can be seen by the use of jargon in the names of such pidgins as Chinook Jargon and Mobilian Jargon. In the 1980s some linguists began restricting its use to denote pre-pidgins, or early developmental forms of pidgins [7, 10].
The discipline of terminology is based on its own theoretical principles and consists primarily of the following aspects:
- analyzing the concepts and concept structures used in a field or domain of activity;
- identifying the terms assigned to the concepts;
- in the case of bilingual or multilingual terminology, establishing correspondences between terms in the various languages;
- compiling the terminology, on paper or in databases;
- managing terminology databases;
- creating new terms, as required.
As a discipline, terminology is related to translation, which is often taught in universities and translation schools.
According to G.B. Antrushyna “term”, as traditionally understood, is a word or a word-group which is specifically employed by a particular branch of science, technology, trade or the arts to convey a concept peculiar to this particular activity [3, 33-34].
Terms are words and compound words that are used in specific contexts. There are technical terms (or terms of art) which are defined within a discipline or specialty field [31].
It is known that there is a distinction between two types of terminology:
- ad hoc terminology, which deals with a single term or a limited number of terms;
- systematic terminology, which deals with all the terms in a specific subject field or domain of activity [7, 10]
Ad hoc terminology is prevalent in the translation profession, where a translation for a specific term (or group of terms) is quickly required to solve a particular translation problem [31].
Terminology is also defined by context, the study of terms primarily concerned with organizing them by the context in which they are used. These contexts may include:
- military terminology;
- political terminology;
- religious terminology;
- scientific terminology;
- technical terminology;
- rail terminology;
- oilfield terminology.
The field of terminology is defined within the frame of special language (or languages for special purposes, LSP), and related to lexicography. However weather terminology is a science in its own right or an interdisciplinary methodology (praxis) heavily dependent on its relations to linguistics, logic, ontology, computer science and individual disciplines, is a subject debated within the field itself.
G.B. Antrushyna states several controversial problems in the field of terminology [3 , 34]. The first is the puzzling question of whether a term loses its terminological status when it comes into common usage. Today this is a frequent occurrence, as various elements of the media of communication (TV, radio, popular magazines, science fiction, etc.) ply people with scraps of knowledge from different scientific fields, technology and the arts. It is quite natural that under the circumstances numerous terms pass into general usage without losing connection with their specific fields.
The basic signs of a term are:
1) adequacy of a content of a concept reflection, semantic unambiguity;
2) its logic correlation to other generic terms (generic systemacy);
3) professional level of practical use (technical, chemical, medical, sports, legal etc. terminology) [29, 208].
There are linguists in whose opinion terms are only those words which have retained their exclusiveness and are not known or recognised outside their specific sphere. From this point of view, words associated with the medical sphere, such as unit ("доза лікувального препарату"), theatre ("операційна"), contact ("носій інфекції") are no longer medical terms as they are in more or less common usage. The same is certainly true about names of diseases or medicines, with the exception of some rare or recent ones only known to medical men.
It should be mentioned that the English language contributed a considerable number of international words to world languages. Among them the sports terms occupy a prominent position: football, volley-ball, baseball, hockey, cricket, rugby, tennis, golf, etc. Most names of sciences are international, e. g. philosophy, mathematics, physics, chemistry, biology, medicine, linguistics, lexicology. There are also numerous terms of art in this group: music, theatre, drama, tragedy, comedy, artist, primadonna.
It is quite natural that political terms frequently occur in the international group of borrowings: politics, policy, revolution, progress, democracy, communism, anti-militarism.
There is yet another point of view, according to which any terminological system is supposed to include all the words and word-groups conveying concept peculiar to a particular branch of knowledge, regardless of their exclusiveness. Modern research of various terminological systems has shown that there is no impenetrable wall between terminology and the general language system. To the contrary, terminologies seem to obey the same rules and laws as other vocabulary strata. Therefore, exchange between terminological systems and the "common" vocabulary is quite normal, and it would be wrong to regard a term as something "special" and standing apart [3 , 34-35].
Two other controversial problems deal with polysemy and synonymy. According to some linguists, an "ideal" term should be monosemantic (i. e. it should have only one meaning). Polysemantic terms may lead to misunderstanding, and that is a serious shortcoming in professional communication. This requirement seems quite reasonable, yet facts of the language do not meet it. There are, in actual fact, numerous polysemantic terms. The linguistic term semantics may mean both the meaning of a word and the branch of lexicology studying meanings. In the terminology of painting, the term colour may denote hue ("колір") and, at the same time, stuff used for colouring ("фарба").
The same is true about synonymy in terminological systems. There are scholars who insist that terms should not have synonyms because, consequently, scientists and other specialists would name the same objects and phenomena in their field by different terms and would not be able to come to any agreement. This may be true. But, in fact, terms do possess synonyms. In painting, the same term colour has several synonyms in both its meanings: hue, shade, tint, tinge in the first meaning ("колір") and paint, tint, dye in the second ("фарба") [3, 35].
Besides in creating, analyzing or evaluating a term, these recommendations should be born in mind and a pragmatic and realistic decision reached, which takes account of:
- socio-linguistic factors;
- consideration of the difficulties and advantages connected with the revision of a terminology which, though defective, is well established;
- the degree of “internationalness” .
Is is reasonable to begin the investigation of the question with the consideration of the problem of law terms etymology.
The seventh century A. D. was significant for the christianisation of England. Latin was the official language of the Christian church, and consequently the spread of Christianity was accompanied by a new period of Latin borrowings. These no longer came from spoken Latin as they did eight centuries earlier, but from church Latin. Also, these new Latin borrowings were very different in meaning from the earlier ones. They mostly indicated persons, objects and ideas associated with church and religious rituals. E. g. priest (Lai. presbyter), bishop (Lai. episcopus), monk (Lat. monachus), nun (Lai. nonna), candle (Lai. candela).
Additionally, in a class of their own were educational terms. It was quite natural that these were also Latin borrowings, for the first schools in England were church schools, and the first teachers priests and monks. So, the very word school is a Latin borrowing (Lat. schola, of Greek origin) and so are such words as scholar (Lai. scholar(-is) and magister (Lat. ma-gister) [3, 47].
With the famous Battle of Hastings, when the English were defeated by the Normans under William the Conqueror, we come to the eventful epoch of the Norman Conquest. The epoch can well be called eventful not only in national, social, political and human terms, but also in linguistic terms. England became a bi-lingual country, and the impact on the English vocabulary made over this two-hundred-years period is immense: French words from the Norman dialect penetrated every aspect of social life. Here is a very brief list of examples of Norman French borrowings.
Administrative words: state, government, parliament, council, power.
Legal terms: court, judge, justice, crime, prison.
Military terms: army, war, soldier, officer, battle, enemy.
Educational terms: pupil, lesson, library, science, pen, pencil.
Everyday life was not unaffected by the powerful influence of French words. Numerous terms of everyday life were also borrowed from French in this period: e. g. table, plate, saucer, dinner, supper, river, autumn, uncle, etc [3 , 48].
During the Renaissance Period ) there were naturally numerous scientific and artistic terms (datum, status, phenomenon, philosophy, method, music). The same is true of Greek Renaissance borrowings (e. g. atom, cycle, ethics, esthete).
1.2 Characteristic Features of Professional Law Terminology
Thus system a term is defined as a word or a word combination belonging to the specific field of usage, either specially created or borrowed for determining a specific concept and based on a definition. In that way, "a legal term is a word or a word combination which stands for a general name of a legal concept, has a specific and definite meaning, and is often used in legislation and legal documents" [30; 28, 64].
It should be agreed with the thought of T. B. Sheberstova, that nowadays the English language has become the language of choice for conducting an international business. In addition, the English language has become prominent as the operational language of many law firms and multinational corporations [18]. Thus, interest in studying English legal terminology and legal translating has recently grown up. In this context, the article reviews general peculiarities of legal terms and focuses on linguistic and legal aspects of translating English legal terminology.
As E.M. Shajkhutdinov mentiones, „in literature the legal language is often defined as one of elements of legal techniques; means of a legal text wording, allowing to formulate a content of the rule of law capaciously and briefly“ [29, 208]. Such understanding is considered insufficiently capacious, not reflecting features and possibilities of the scientific legal language. It is deemed, that legal terminology is necessary to be understood a set of special verbal designations reflecting a qualitative condition of jurisprudence and practice, used to describe legal concepts, including those making the content legal normative-regulatory means.
The English legal language is characterized by a specific set of terms. First of all, it comprises numerous Latin words and phrases (ex. lex loci actus, res gestae, corpus delicti, lex domicilii, etc.). It also has words of the Old and Middle English origin, including compounds which are no longer in common usage (aforesaid, hereinabove, hereafter, whereby, etc.). Besides, the English legal language includes a large amount of words derived from French (appeal, plaintiff, tort, lien, estoppel, verdict etc.). The language of law also uses formal and ceremonial words (I do solemnly swear, Your Honour, May it please the court...) and technical terms with precise meanings (defendant, negligence, bail etc). Thus, the present content of the English language of law is due to the influence of different languages and that has a historical explanation [21, 386].
The legal language peculiarity (distinguishing it from any other special terminology) is its formalisation that is fixedness of the most practically significant terms in official legal documents. The named allows to refer a formalized term directly to normative-regulatory means, so-called normative generalizations (norms-definitions) that stipulates:
- Socially significant character of the legal language;
- Big (in comparison with not legal terms) accuracy of the legal language [20, 209].
There are criteria of classification of used terms developed in literature.
So, there are widespread and special terms (legal, technical, medical, economic, etc.) according to a degree of distribution and use.
Another distribution occurs:
By kinds of legal documents - terminology of a normative act, a contract template, a law enforcing act, an act of interpretation of law.
On a source of origin of the term - native terms and foreign terms.
On definiteness degree - demanding interpretation and unequivocal.
On complexity degree - one-compound and multicompound terms.
Under willed content - imperative and dispositive.
On style of wording - official, strict and informal, ordinary.
In addition, there are: general legal, interbranch and branch terms; Those fixed legislatively, and used in a legal science (the latter are not necessarily bound in the law (for example, «sense of justice», «a legal norm disposition»);
Defined (specially defined) and not defined in the law; commonly used terms; commonly used ones having a narrower, special meaning in a statutory act; especially legal; technical ones.
So the language of law as a special sublanguage has its own content and a set of specific characteristics which vary depending on a language system. However, irrespective of a language, the major part of its distinctive features and peculiarities are explained by the influence of historical, cultural, social and political factors on the language community [18].
As any other sphere of public life, jurisprudence cannot do without special terminology which is specially developed by the legislator for regulation public relations. Special legal terms, as a rule, designate the concept (construction) applied in jurisprudence laconically and rather precisely («claimant», «previous conviction», «penalty», «inquiry» etc.).
Thereby a term is defined as a word or a word combination belonging to the specific field of usage. As a discipline, terminology is related to translation. Terms are words and compound words that are used in specific contexts.
A legal term is a word or a word combination which stands for a general name of a legal concept, has a specific and definite meaning, and is often used in legislation and legal documents. The English legal language is characterized by a specific set of terms. First of all, it comprises numerous Latin words and phrases. The language of law also uses formal and ceremonial words and technical terms with precise meanings. The legal language peculiarity (distinguishing it from any other special terminology) is its formalisation that is fixedness of the most practically significant terms in official legal documents.
2. Semantic, structural and cognitive approaches of studying terms in the works by John Grisham
In the second section of the research specific features of J. Grisham`s vocabulary will be highlighted. In this context it becomes necessary to make some systematization of law terms in the works by John Grisham according to semantic classes and to give classification of law terms in the works by John Grisham according to semantic, structural and cognitive approaches.
John Ray Grisham, Jr. (born February 8, 1955) is an American lawyer and author, best known for his popular legal thrillers.
As of 2008, his books had sold over 250 million copies worldwide. A Galaxy British Book Awards winner, Grisham is one of only three authors to sell two million copies on a first printing, the others being Tom Clancy and J. K. Rowling. Grisham's first best seller was The Firm. Released in 1991, it sold more than seven million copies. The book was later adapted into a feature film. Seven of his other novels have also been adapted into films: The Chamber, The Client, A Painted House, The Pelican Brief, The Rainmaker, The Runaway Jury, and A Time to Kill. His books have been translated into 29 languages and published worldwide. Beginning with A Painted House in 2001, the author broadened his focus from law to the more general rural South, but continued to write legal thrillers.
In 2005, Grisham received the Peggy V. Helmerich Distinguished Author Award. The award is presented annually by the Tulsa Library Trust [27].
2.1 Systematization of Law Terms in the Works by John Grisham according to Semantic Classes
Grisham is known for his simplicity in writing style and his storytelling abilities. The sentences simply, thoroughly and powerfully bring the reader all the way through the events of the past three days, from speculation to absolute. All of the different clashes of storylines and characters have culminated and collided at this point with this result.
There are following semantic groups of law terms in the works under consideration written by John Grisham:
Constitutional Law: Constitution, Constitutional right, constitutional law, the Fifth Amendment, First Amendment right, presumption of innocence, civil right, civil liberty, civil trial, the Sixth Amendment, the Eighth Amendment, Bill of Rights, Convention, discretion.
For example:
You forget, dear, that I am a genius at constitutional law, and I knew immediately that Rosenberg and Jensen had nothing in common but black robes and death threats [23, 44].
The punitive is left to our discretion," Nicholas explained [24, 242].
I've read hundreds of books and thousands of articles on the Eighth Amendment and death penalty litigation [22 , 24].
We congregated in a mass around them, then listened to another series of fiery speeches from civil rights activists and two members of Congress [25 , 121].
I swear I gave this one last week at the Rotary convention [23, 123].
Across an aisle, Chuck and another deputy watched the game in plain clothes, ignoring six of the jurors in the most important civil trial in the country [24, 217].
He thinks the New Jersey statute violates the Second Amendment. [23, 10].
He thinks all prisons are cruel and unusual places, so therefore, under the Eighth Amendment, all prisoners should go free [23, 11].
He first worked in the civil rights division at Justice, then transferred to the
FBI [23, 36]
After ten years,5 percent of the principal per year, in addition to the interest and earnings, could be spent at the discretion of the trustees [26, 193].
Sam's first two juries had been hopelessly deadlocked, hung up by the shenanigans of Clovis Brazelton, and thus Sam was not protected by the double jeopardy clause of the Fifth Amendment [22 , 186].
You guessed it: Rosenberg falls in love with Tyrone and concocts this ridiculous Fifth Amendment self-incrimination argument to exclude a confession the punk gave a week after he was arrested [23, 29].
Administrative Law: contempt, lobbying, magistrate, to net, to parole.
For example:
Also, I'd like to remind you that your failure to respond, if a response is in order, could be deemed by me as an act of contempt, punishable by a jail term [24, 45].
The reading of any unautho396 rized material was grounds for dismissal, maybe even contempt [24, 185].
Governmental relations (lobbying) was repulsive but paid so well that every D.C. firm had entire wings of lawyers greasing the skids [25 , 24].
I'll start lobbying now [22 , 31].
Upon parole, he declared himself to be a free -lance artist, and advertised as such in the yellow pages [23, 76].
"Which was nothing more than a slick lobbying outfit funded entirely by the industry," he said with disdain [24, 149].
There was enough circumstantial evidence of my theft to convince a magistrate to issue an arrest warrant [25 , 106].
He can commute the death sentence and instantly parole the convict [22, 236].
Criminal Law: murder, rape, kidnapping, aggravated assault, break-in, manslaughter, felony, to mutilate, notorious murderer, homicide, arson, blackmail, to intimidate, stabbing, assassination, to kill.
For example:
Easter wouldn't talk and they'd run the risk of a kidnapping charge [24, 252].
The little girl was twelve. Very, very brutal rape and murder [23, 29].
Barr was an ex-Marine, ex-CIA, ex-spy with two felony convictions for security scams from which he earned millions and buried the money [23, 85].
The cops were treating it as a homicide, but there wasn't much to go on [23, 84].
Fitch often used his bulk and his nasty eyes and his sinister goatee to physically intimidate those around him, especially the younger lawyers in the firms he hired [24, 198].
The thought of blackmailing her with the authorities never occurred to Fitch, and she knew this too [24, 106].
They've had three stabbings here in the last month [24, 180].
He said he possibly knew something about the assassinations of Justices Rosenberg and Jensen, and he wanted to tell me what he knew [23, 190].
Would I mutilate myself like this if I was playing games? [23, 90].
I have clear proof that at least one of our jurors has been the victim of a break-in [24, 86].
No death penalty, and the jury could, if it so chose, find Cayhall and Dogan guilty of manslaughter, a much lighter charge but a conviction nonetheless [22 , 15].
The police were treating it as a homicide [23, 70].
She'd been trained in the tedious field of government bonds, so the detailed and voluminous documents did not intimidate her [22 , 238].
I wish I'd had the guts to do it, but I remember worrying about the bank and the foreclosure and, well, arson is a crime, isn't it? [22 , 175].
Tort Law: malpractice, punitive damages, employment discrimination, desertion, intrusion, to smuggle, sexual harassment.
For example:
He's been sued twice for sexual harassment [22 , 117].
What's he think we're gonna do, smuggle in some guns or drugs or something? [24, 93].
Rohr rambled on a bit about punitive damages, seemed to lose his place a few times, and it was clear to most of the jurors that he was so inspired by the prospect of a huge punitive verdict that he lost his concentration. [24, 34].
Not just actual damages-the economic value of Jacob Wood's life, plus his family's loss of his love and affection-but also-punitive damages [24, 34].
Nate O'Riley became a star in the medical malpractice game, and also began drinking heavily and using coke [26, 24].
It was neither the time nor the place for a discussion about medical malpractice [26, 98].
He lectured on the purpose of punitive damages--to punish wrongdoers, to make examples out of them so they would sin no more [25 , 180].
He was perturbed by my intrusion, and rightfully so [25 , 25].
Property Law: asset, real estate, private property, mortgage documents, eviction, estate lawyer, eviction file, personal property, intrusion, lease, bargain, beneficiary, intruder, to grant, property right, owner, possession.
For example:
Gabrielle was the only beneficiary [24, 238].
It's a bargain. And it's nonnegotiable [24, 198].
Employment records weren't exactly confidential, especially for the owner of a bar who reported fewer than half of his cash sales [24, 157].
They're over there arguing property rights and search and seizure [23, 92].
By the time the calls were made to New York, the defense had lost its most prized possession-Stella Hulic, who was by then home on the sofa in a martini-induced coma [24, 98].
"From the past, Sam. From Greenville and Jackson and Vicksburg. From the synagogue and the real estate office and the Pinder home and Marvin Kramer's." [22 , 217].
MARLEE'S CAR was a Lexus leased from a dealer in Biloxi, a three-year lease at six hundred a month with the lessee being Rochelle Group, a brand-spanking-new corporation Fitch had been able to learn nothing about [24, 130].
And how much is your mortgage? [26, 174].
The eviction file I wanted was still listed as current, and after the Mister episode I was certain it was well protected [25 , 25].
As the only male, I felt like an intruder [25 , 134].
No one joined a large firm with the goal of becoming a real estate lawyer [25 , 26].
Inheritance Law: heir, will, legatee, to inherit, living will, to descend, 26.
For example:
Her mother had died a few years before she met Nicholas, and Marlee had inherited almost two hundred thousand dollars [24, 145].
But from time to time, he fell heir to a juicy bit of information that could be pieced together with another one, and Sarge would make the judgment call that it should be repeated [23, 46].
Nate was determined to uphold the validity of Troy's last testment [26, 175].
If he was in fact the father, then he would inherit from the children, who died first [25 , 185].
Assuming it's held to be valid, it contains clear language terminating any gift to any heir who challenges it [26, 188].
Family Law: abandonment, nuptial, divorce, termination of parental rights, orphan, adoption, parental right, to neglect children, custody, alimony, child abuse, to abandon, to eliminate children, adultery, trustee, illegitimate children, separation agreement.
For example:
They are his weak and abused children, so he must protect them [23, 11].
His had been a nasty split, with both parties fighting for custody of the kids [25 , 149].
Fitch knew about the aborted nuptials, and he also knew there was little chance of getting the matter before the jury [24, 22].
When they were together, he abandoned the Chivas when he'd had enough and thought it might affect his performance [23, 61].
Jerry's about to get a divorce, and Sylvia is lonely too [24, 131].
No dope smokers, or illegitimate children, or DUIs, or radical student activity, or divorces [23, 41].
There had been allegations of adultery during his divorce, but from both sides [25 , 149].
Wilma Phelan, the trustee, was already there, and already bored because she had no input into anything about to be discussed [25 , 177].
The original trustee was Neva Collier, at World Tribes, and she had the authority to appoint up to a dozen other trustees to help with the work [26, 193].
Company Law: readjustment, trusteeship, partnership, partnership agreement, deal, merger, acquisition.
For example:
Adam remembered Goodman's description of the Memphis branch - a boutique firm of twelve good lawyers whose acquisition years earlier by Kravitz & Bane was now a mystery. But the additional address looked nice on the letterhead [22 , 71].
The joint ventures and limited partnerships and corporate associations were an impenetrable maze [23, 130].
There had been mergers and name changes and various efforts at preening for the public, but the Big Four had been thoroughly isolated and vilified by consumer groups, doctors, even politicians [24, 7].
Then we determine the terms of the deal [24, 121].
The briefcase sat near several others, and it 'occasionally got itself jostled or even kicked over, but readjustment was easy [24, 49].
He was paying $20,000 a month to a bank, his part of the residual damage from a failed partnership that tried to corner the car wash business in northern Virginia [26, 173].
Procedural Law: hearing, litigation, preliminary hearing, first appearance, complaint, lawsuit, pleading, affidavit, deposition, to testify, testimony, to verify, direct examination, cross-examination, to object, to sustain, to overrule, witness, jury, grand jury, conclusive proof, indictment, conviction, to dismiss charge, to reach a verdict, to plea.
For example:
In fact, I think there was a lawsuit against the propane company [22 , 97].
The occasion was a hearing before a congressional subcommittee [24, 178].
They weren't responding to testimony as expected [24, 206].
Seated one row behind Taunton was Derrick Maples, making his first appearance at the trial [24, 174].
This is not the sort of place where witnesses come rushing forward, so I don't expect to find any [23, 26].
He had videotaped Dr. Sprawling-Goode twice before he hired her, then once during her deposition in Rohr's office [24, 192].
They filed a thick motion asking the judge to dismiss the lawsuit as frivolous [23, 130].
There was discussion at Justice about simply aborting the whole scheme and sending Hoppy's case on to the federal grand jury [24, 201].
He'd stopped hearing other matters a month ago, and had secluded himself in his chambers, where he pored over pleadings, discovery, the applicable law, and the latest in the rules of trial procedure [24, 16].
He would not plea bargain with God [22 , 46].
The FBI was all over Dogan because of the green Pontiac, and he feared an indictment as a co-conspirator [22 , 13].
Will you put that in an affidavit for the file? [26, 157].
I would enter a plea of not guilty, be released on my existing bond, and leave [25 , 158].
Nate, the trial lawyer, smelled a rat, and attacked as if on cross-examination [26, 37].
The classification mentioned above can be combined in the diagram (See Diagram 2.2.1.).
Diagram 2.2.1.
Terms of subject field „Law“ in works by J. Grisham
2.2 Classification of Law Terms in the Works by John Grisham
In this part of the research different classifications of law terms in the works by J. Grisham are to be given. Firstly, it is important to determine the chosen law terms according to types of term formation.
Thus, single-component noun law terms in the works by J. Grisham are represented by the following structural types:
- N + N, where N is a noun. For example: cross-examination, manslaughter, malpractice, lawsuit etc.
These examples can be found in the following sentences: Bascar, as I'm sure you know, never made it near a courtroom, never placed his hand on a Bible and swore to tell the truth, never faced a cross-examination, never came forward until after I was under arrest in Greenville and half the world had seen pictures of the green Pontiac [22, 89].
No death penalty, and the jury could, if it so chose, find Cayhall and Dogan guilty of manslaughter, a much lighter charge but a conviction nonetheless [22 , 15].
How much medical malpractice had he done? [26, 38].
- Affixed nouns: N + suffixes -tion, -sion, - er, -ment, for example: desertion, intrusion, indictment, abandonment, intruder, Constitution, etc.
- Affixes are divided into several categories, depending on their position with reference to the stem. Prefix and suffix are extremely common terms. Infix and circumfix are less so, as they are not important in European languages. The other terms are uncommon.
- Prefix re- + N + suffix -ment, for example: readjustment.
Prefix over- + V, where V is verb, for example: to overrule
These examples can be found in the following sentences: I apologized to Sofia and Mordecai for the intrusion, and retreated to the safety of my office [25, 113].
I cannot overrule the wisdom of the jury that sentenced him, nor can I impose my judgment upon that of our distinguished courts [22, 307].
Your Honor, if we can settle all other issues, we will not push for an indictment [25, 180].
As the only male, I felt like an intruder [25, 134].
The woman had moved out a year earlier, and that sounded like a good case of abandonment to me [25, 91].
Multicomponent (consist mostly of two components) word-combinations with noun law terms are classified as following:
- N + N, where N is a noun. For example: Bill of Rights, presumption of innocence, estate lawyer, separation agreement, etc.
Examples of the sentences: But no one set out to be a real estate lawyer [25, 24].
We would sign a separation agreement, wait six months, then go to court together and legally dissolve our union [25, 65].
- Adj + N, where Adj is an adjective and N is a noun. For example: sexual harassment,eviction file, parental right, direct examination, conclusive proof, etc.
Swinn was under Adam's direct examination for forty-five minutes [22, 289].
- Num + N, where Num is a numeral and N is a noun. For example: the Fifth Amendment, the Sixth Amendment, the Eighth Amendment,etc.
I've read hundreds of books and thousands of articles on the Eighth Amendment and death penalty litigation [22 , 24].
- V + N, where V is a verb and N is a noun. For example: to neglect children, to dismiss charge, to reach a verdict, etc.
For example: Each had been unable to reach a verdict, so reprosecution was quit e constitutional [22, 186].
As for pragmatical role law terms play it should be noted that such an emphatic mode of giving the terms additional emotional meaning is widely used in works by J. Grisham.
Here are the examples of adjectives usage as attributes. For example:
The Chief Justice was John Runyan a tough conservative appointed by the Republicans and hated by the Indians and most other minorities [23, 4].
Taunton whipped out a legal pad and seemed to prepare himself for a nasty cross-examination [24, 17].
The justices spent their day on the bench listening to lawyer after lawyer argue complex and quite dull cases [23, 15].
He occasionally ignored the dull antitrust cases and tax appeals but if the issue showed the barest hint of the real controversy, he waded in with both fists [23, 33].
And now according to a confidential source at the White House, a most reliable and trusted source Khamel was a suspect in the killing of Justices Rosenberg and Jensen [24, 155].
Besides law terms with positive and negative connotation can be opposed. This makes additional emotional shading of the message of the text. For example:
Is this a law firm or a prison? [23, 181].
So it is easy to see that under certain circumstances law terms without law context can acquire the meaning which is not connected with meaning of the same law term. Compare:
Coal's face registered nothing [23, 58]
They can also preserve the meaning of the term of law, but can lose the status of the law term, because they are not connected with the person, profession of which has to do with jurisprudence.
For example:
He was loyal to the President and could be trusted for sound judgement (it is not connected with the judge profession) [23, 151].
Even separate word in the sentence without context can show the usage of law terms with non-professional aims. Compare, for example:
If either side is unhappy with the Fifth Circuit, they can appeal to the Supreme Court [23, 132].
The terms of law are not determinologized when the described situation is typical for law language.
For example:
Three jurors had now disclaimed the verdict [24, 252].
The trial lasted five weeks and ended with a defense verdict [24, 146].
The purpose of JRA lobby for laws to restrict the size of awards in damage suits [24, 99].
Rohr objected, but His Honor overruled on the grounds that it was a cross-examination [24, 56].
Conclusions
Doing the present research work the notion of terms in modern English language was stated; characteristic features of professional law terminology were examined; specific features of Grisham`s vocabulary were highlighted; systematization of law terms in the works by John Grisham according to semantic classes was made; and classification of law terms in the works by John Grisham was given.
It is important to mention that all terms are created by means of different structural and semantic peculiarities and patterns. The field of terminology is defined within the frame of special language and related to lexicography. Terminology is also defined by context, the study of terms primarily concerned with organizing them by the context in which they are used. That is why a legal term is a word or a word combination which stands for a general name of a legal concept, has a specific and definite meaning, and is often used in legislation and legal documents. The English legal language is characterized by a specific set of terms. First of all, it comprises numerous Latin words and phrases (ex. lex loci actus, res gestae, corpus delicti, lex domicilii, etc.). The language of law also uses formal and ceremonial words (I do solemnly swear, Your Honour, May it please the court...) and technical terms with precise meanings (defendant, negligence, bail etc). The legal language peculiarity (distinguishing it from any other special terminology) is its formalisation that is fixedness of the most practically significant terms in official legal documents.
The law terms in works by J. Grisham were classified according to semantical meaning:
Constitutional Law: Constitution, Constitutional right, the Fifth Amendment, First Amendment right, presumption of innocence, civil right, civil liberty, the Sixth Amendment, the Eighth Amendment, Bill of Rights, Convention, discretion.
Administrative Law: contempt, lobbying, magistrate, to net, to parole.
Criminal Law: murder, rape, kidnapping, aggravated assault, break-in, manslaughter, felony, to mutilate, notorious murderer, homicide, arson, blackmail, to intimidate, stabbing, assassination, to kill.
Tort Law: malpractice, punitive damages, employment discrimination, desertion, intrusion, to smuggle, sexual harassment.
Property Law: asset, real estate, private property, mortgage documents, eviction, estate lawyer, eviction file, personal property, intrusion, lease, bargain, beneficiary, intruder, to grant, property right, owner, possession.
Inheritance Law: heir, will, legatee, to inherit, living will, to descend, 26.
Family Law: abandonment, nuptial, divorce, termination of parental rights, orphan, adoption, parental right, to neglect children, custody, alimony, child abuse, to abandon, to eliminate children, adultery, trustee, illegitimate children, separation agreement.
Company Law: readjustment, trusteeship, partnership, partnership agreement, deal, merger, acquisition.
Procedural Law: hearing, litigation, preliminary hearing, first appearance, complaint, lawsuit, pleading, affidavit, deposition, to testify, testimony, to verify, direct examination, cross-examination, to object, to sustain, to overrule, witness, jury, grand jury, conclusive proof, indictment, conviction, to dismiss charge, to reach a verdict, to plea.
According to structural approach the terms of law are divided into: single-component noun law terms of the following structural types:
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