{"title":"法律王国与学术界之间的法律评论论文:状语从句的系统功能分析","authors":"Najla Fki","doi":"10.5817/di2022-1-5","DOIUrl":null,"url":null,"abstract":"Legal discourse has long been classified among those genres that defy generic changes the most (Gocić 2012). Recently, however, hybrid legal genres have been challenging this generic stability by imposing their own norms to coin a novel kind of ‘legal culture’ (Goźdź-Roszkowski 2011: 11). The law review article is a case in point for it combines both legal and academic standards of writing which make it “far richer in intertextuality and interdiscursivity” (Bhatia 2006: 6) than the traditional set of legal genres. This generic subversion can be traced in the lexico-grammatical choices made by the authors to turn their papers into influential legal sources rather than mere descriptions of the law. In this context, this study aspires to scrutinize the use of adverbial clauses as one specific lexico-grammatical choice in a corpus of 44 accredited law review papers with the aim of showing how this hybrid genre strives to evolve beyond the stagnation of what is termed ‘language of the law’. Specifically, a Systemic Functional Linguistics analysis of the semantic, structural and thematic uses of these structures is conducted to demonstrate how the hybridity of contexts in a single genre can make for unprecedented generic breaches. The quantitative and qualitative analyses revealed an uneven distribution of adverbial patterns in favor of non-finite purpose and finite condition, concession and reason clauses. Additionally, the positional distribution of these patterns is manipulated whenever the need arises to hedge claims as a form of allegiance to the communal demands of the law and academia. These choices are found to comply with the authors’ needs to balance both legal and academic rituals of writing while observing at the same time their personal needs to be highly acclaimed as legal scholars and to “publish or perish” (Christensen & Oseid 2008: 1).","PeriodicalId":38177,"journal":{"name":"Discourse and Interaction","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The law review paper between the Kingdom of the law and the realms of academia: A systemic functional analysis of adverbial clauses\",\"authors\":\"Najla Fki\",\"doi\":\"10.5817/di2022-1-5\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Legal discourse has long been classified among those genres that defy generic changes the most (Gocić 2012). 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引用次数: 0
摘要
长期以来,法律话语一直被归类为最不符合一般变化的类型(Gocić2012)。然而,最近,混合法律流派通过强加自己的规范来创造一种新颖的“法律文化”,挑战了这种普遍的稳定性(Go Roz d Roz-Roszkowski 2011:11)。这篇法律评论文章就是一个很好的例子,因为它结合了法律和学术写作标准,使其比传统的法律流派“在互文性和交叉性方面丰富得多”(Bhatia 2006:6)。这种普遍的颠覆可以追溯到作者所做的词典语法选择,将他们的论文转化为有影响力的法律来源,而不仅仅是对法律的描述。在这种背景下,本研究试图在44篇经认可的法律评论论文的语料库中仔细研究状语从句作为一种特定的词典语法选择的使用,目的是展示这种混合类型是如何努力超越所谓的“法律语言”的停滞而发展的。具体而言,对这些结构的语义、结构和主题使用进行了系统功能语言学分析,以证明单一类型中上下文的混合性如何导致前所未有的通用性突破。定量和定性分析表明,状语模式的分布不均匀,有利于非限定目的和限定条件、让步和理由从句。此外,每当需要对冲索赔时,这些模式的位置分布就会被操纵,以此作为对法律和学术界共同要求的一种忠诚。这些选择符合作者的需求,即平衡法律和学术写作仪式,同时观察他们作为法律学者受到高度赞誉和“出版或灭亡”的个人需求(Christensen&Oseid 2008:1)。
The law review paper between the Kingdom of the law and the realms of academia: A systemic functional analysis of adverbial clauses
Legal discourse has long been classified among those genres that defy generic changes the most (Gocić 2012). Recently, however, hybrid legal genres have been challenging this generic stability by imposing their own norms to coin a novel kind of ‘legal culture’ (Goźdź-Roszkowski 2011: 11). The law review article is a case in point for it combines both legal and academic standards of writing which make it “far richer in intertextuality and interdiscursivity” (Bhatia 2006: 6) than the traditional set of legal genres. This generic subversion can be traced in the lexico-grammatical choices made by the authors to turn their papers into influential legal sources rather than mere descriptions of the law. In this context, this study aspires to scrutinize the use of adverbial clauses as one specific lexico-grammatical choice in a corpus of 44 accredited law review papers with the aim of showing how this hybrid genre strives to evolve beyond the stagnation of what is termed ‘language of the law’. Specifically, a Systemic Functional Linguistics analysis of the semantic, structural and thematic uses of these structures is conducted to demonstrate how the hybridity of contexts in a single genre can make for unprecedented generic breaches. The quantitative and qualitative analyses revealed an uneven distribution of adverbial patterns in favor of non-finite purpose and finite condition, concession and reason clauses. Additionally, the positional distribution of these patterns is manipulated whenever the need arises to hedge claims as a form of allegiance to the communal demands of the law and academia. These choices are found to comply with the authors’ needs to balance both legal and academic rituals of writing while observing at the same time their personal needs to be highly acclaimed as legal scholars and to “publish or perish” (Christensen & Oseid 2008: 1).