A Comparative Analysis of Hedging in a Corpus of Two Written Legal Discourse Genres

Esta tesis doctoral, que es la culminación de mis estudios de doctorado impartidos por el Departamento de Lingüística Aplicada a la Ciencia y a la Tecnología de la Universidad Politécnica de Madrid, aborda el análisis del uso de la matización (hedging) en el lenguaje legal inglés siguiendo los postulados y principios de la análisis crítica de género (Bhatia, 2004) y empleando las herramientas de análisis de córpora WordSmith Tools versión 6 (Scott, 2014). Como refleja el título, el estudio se centra en la descripción y en el análisis contrastivo de las variedades léxico-sintácticas de los matizadores del discurso (hedges) y las estrategias discursivas que con ellos se llevan a cabo, además de las funciones que éstas desempeñan en un corpus de sentencias del Tribunal Supremo de EE. UU., y de artículos jurídicos de investigación americanos, relacionando, en la medida posible, éstas con los rasgos determinantes de los dos géneros, desde una perspectiva socio-cognitiva. El elemento innovador que ofrece es que, a pesar de los numerosos estudios que se han podido realizar sobre los matizadores del discurso en el inglés general (Lakoff, 1973; Hübler, 1983; Clemen, 1997; Markkanen and Schröder, 1997; Mauranen, 1997; Fetzer 2010; y Finnegan, 2010 entre otros) académico (Crompton, 1997; Meyer, 1997; Skelton, 1997; Martín Butragueňo, 2003) científico (Hyland, 1996a, 1996c, 1998c, 2007; Grabe and Kaplan, 1997; Salager-Meyer, 1997 Varttala, 2001) médico (Prince, 1982; Salager-Meyer, 1994; Skelton, 1997), y, en menor medida el inglés legal (Toska, 2012), no existe ningún tipo de investigación que vincule los distintos usos de la matización a las características genéricas de las comunicaciones profesionales. Dentro del lenguaje legal, la matización confirma su dependencia tanto de las expectativas a macro-nivel de la comunidad de discurso, como de las intenciones a micro-nivel del escritor de la comunicación, variando en función de los propósitos comunicativos del género ya sean éstos educativos, pedagógicos, interpersonales u operativos. El estudio pone de relieve el uso predominante de los verbos modales epistémicos y de los verbos léxicos como matizadores del discurso, estos últimos divididos en cuatro tipos (Hyland 1998c; Palmer 1986, 1990, 2001) especulativos, citativos, deductivos y sensoriales. La realización léxico-sintáctica del matizador puede señalar una de cuatro estrategias discursivas particulares (Namsaraev, 1997; Salager-Meyer, 1994), la indeterminación, la despersonalización, la subjectivisación, o la matización camuflada (camouflage hedging), cuya incidencia y función varia según género. La identificación y cuantificación de los distintos matizadores y estrategias empleados en los diferentes géneros del discurso legal puede tener implicaciones pedagógicos para los estudiantes de derecho no nativos que tienen que demostrar una competencia adecuada en su uso y procesamiento. ABSTRACT This doctoral thesis, which represents the culmination of my doctoral studies undertaken in the Department of Linguistics Applied to Science and Technology of the Universidad Politécnica de Madrid, focusses on the analysis of hedging in legal English following the principles of Critical Genre Analysis (Bhatia, 2004), and using WordSmith Tools version 6 (Scott, 2014) corpus analysis tools. As the title suggests, this study centers on the description and contrastive analysis of lexico-grammatical realizations of hedges and the discourse strategies which they can indicate, as well as the functions they can carry out, in a corpus of U.S. Supreme Court opinions and American law review articles. The study relates realization, incidence and function of hedging to the predominant generic characteristics of the two genres from a socio-cognitive perspective. While there have been numerous studies on hedging in general English (Lakoff, 1973; Hübler, 1983; Clemen, 1997; Markkanen and Schröder, 1997; Mauranen, 1997; Fetzer 2010; and Finnegan, 2010 among others) academic English (Crompton, 1997; Meyer, 1997; Skelton, 1997; Martín Butragueňo, 2003) scientific English (Hyland, 1996a, 1996c, 1998c, 2007; Grabe and Kaplan, 1997; Salager-Meyer, 1997 Varttala, 2001) medical English (Prince, 1982; Salager-Meyer, 1994; Skelton, 1997), and, to a lesser degree, legal English (Toska, 2012), this study is innovative in that it links the different realizations and functions of hedging to the generic characteristics of a particular professional communication. Within legal English, hedging has been found to depend on not only the macro-level expectations of the discourse community for a specific genre, but also on the micro-level intentions of the author of a communication, varying according to the educational, pedagogical, interpersonal or operative purposes the genre may have. The study highlights the predominance of epistemic modal verbs and lexical verbs as hedges, dividing the latter into four types (Hyland, 1998c; Palmer, 1986, 1990, 2001): speculative, quotative, deductive and sensorial. Lexical-grammatical realizations of hedges can signal one of four discourse strategies (Namsaraev, 1997; Salager-Meyer, 1994), indetermination, depersonalization, subjectivization and camouflage hedging, as well as fulfill a variety of functions. The identification and quantification of the different hedges and hedging strategies and functions in the two genres may have pedagogical implications for non-native law students who must demonstrate adequate competence in the production and interpretation of hedged discourse.

The Vernacular Discourse of the "Arab Spring:" An Analysis of the Visual, the Embodied, and the Textual Rhetorics of the Karama Revolution

The Vernacular Discourse of the "Arab Spring" is a project that bridges the divide between the East and the West by offering new readings to Arab subjectivities. Through an analysis of the "Arab Spring" through the lens of vernacular discourse, it challenges the Euro-Americo-centric legacies of Orientalism in Western academia and the new wave of extremism in the Arab world by offering alternative representations of Arab bodies and subjectivities. To offer this new reading of the "Arab Spring," it explores the foundations of critical rhetoric as a theory and a practice and argues for a turn towards a critical vernacular discourse. The turn towards critical vernacular discourse is important as it urges the analyses of different artifacts produced by marginalized groups in order to understand their perspectives that have largely been foreclosed in traditional cultural studies research. Building on embodied/performative critical rhetoric, the vernacular discourses of the Arab revolutionary body examines other forms of knowledge productions that are not merely textual; more specifically, through data gathered in the Lhbib Bourguiba, Tunisia. This analysis of the political revolutionary body unveils the complexity underlining the discussion around issues of identity, agency and representation in the Middle East and North Africa, and calls for a critical study towards these issues in the region beyond the binary approach that has been practiced and applied by academics and media analysts. Hence, by analyzing vernacular discourse, this research locates a method of examining and theorizing the dialectic between agency, citizenry, and subjectivity through the study of how power structure is recreated and challenged through the use of the vernacular in revolutionary movements, as well as how marginalized groups construct their own subjectivities through the use of vernacular discourse. Therefore, highlighting the political prominence of evaluating the Arab Spring as a vernacular discourse is important in creating new ways of understanding communication in postcolonial/neocolonial settings.

The orchestration of modes and EFL audio-visual comprehension: A multimodal discourse analysis of vodcasts

This thesis explores the role of multimodality in language learners’ comprehension, and more specifically, the effects on students’ audio-visual comprehension when different orchestrations of modes appear in the visualization of vodcasts. Firstly, I describe the state of the art of its three main areas of concern, namely the evolution of meaning-making, Information and Communication Technology (ICT), and audio-visual comprehension. One of the most important contributions in the theoretical overview is the suggested integrative model of audio-visual comprehension, which attempts to explain how students process information received from different inputs. Secondly, I present a study based on the following research questions: ‘Which modes are orchestrated throughout the vodcasts?’, ‘Are there any multimodal ensembles that are more beneficial for students’ audio-visual comprehension?’, and ‘What are the students’ attitudes towards audio-visual (e.g., vodcasts) compared to traditional audio (e.g., audio tracks) comprehension activities?’. Along with these research questions, I have formulated two hypotheses: Audio-visual comprehension improves when there is a greater number of orchestrated modes, and students have a more positive attitude towards vodcasts than traditional audios when carrying out comprehension activities. The study includes a multimodal discourse analysis, audio-visual comprehension tests, and students’ questionnaires. The multimodal discourse analysis of two British Council’s language learning vodcasts, entitled English is GREAT and Camden Fashion, using ELAN as the multimodal annotation tool, shows that there are a variety of multimodal ensembles of two, three and four modes. The audio-visual comprehension tests were given to 40 Spanish students, learning English as a foreign language, after the visualization of vodcasts. These comprehension tests contain questions related to specific orchestrations of modes appearing in the vodcasts. The statistical analysis of the test results, using repeated-measures ANOVA, reveal that students obtain better audio-visual comprehension results when the multimodal ensembles are constituted by a greater number of orchestrated modes. Finally, the data compiled from the questionnaires, conclude that students have a more positive attitude towards vodcasts in comparison to traditional audio listenings. Results from the audio-visual comprehension tests and questionnaires prove the two hypotheses of this study.

Involvement and detachment in David Cameron and Ed Miliband’s political discourse. An analysis of deictic shields on the pronoun ‘I’ in UK 2015 General Election news interviews

The goal of my study is to investigate the relationship between selected deictic shields on the pronoun ‘I’ and the involvement/detachment dichotomy in a sample of television news interviews. I focus on the use of personal pronouns in political discourse. Drawing upon Caffi’s (2007) classification of mitigating devices into bushes, hedges and shields, I focus on deictic shields on the pronoun ‘I’: I examine the way a selection of ‘I’-related deictic shields is employed in a collection of news interviews broadcast during the electoral campaign prior to the UK 2015 General Election. My purpose is to uncover the frequencies of each of the linguistic items selected and the pragmatic functions of those linguistic items in the involvement/detachment dichotomy. The research is structured as follows. Chapter 1 provides an account of previous studies on the three main areas of research: speech event analysis, institutional interaction and the news interview, and the UK 2015 General Election television programmes. Chapter 2 is centred on the involvement/detachment dichotomy: I provide an overview of nonlinguistic and linguistic features of involvement and detachment at all levels of sentence structure. Chapter 3 contains a detailed account of the data collection and data analysis process. Chapter 4 provides an accurate description of results in three steps: quantitative analysis, qualitative analysis and discussion of the pragmatic functions of the selected linguistic features of involvement and detachment. Chapter 5 includes a brief summary of the investigation, reviews the main findings, and indicates limitations of the study and possible inputs for further research. The results of the analysis confirm that, while some of the linguistic items examined point toward involvement, others have a detaching effect. I therefore conclude that deictic shields on the pronoun ‘I’ permit the realisation of the involvement/detachment dichotomy in the speech genre of the news interview.

Feminism and Anti-Feminism in Harmony? : A Critical Discourse Analysis of Postfeminism in Women's Magazines

This essay investigates postfeminist discourses in women’s magazines with the use of Fairclough’s (2014) critical discourse analysis (CDA). Additionally, it presents consumers’ perceptions of women’s magazines in order to explore how women’s magazines might influence readers’ constructions of identity. Postfeminism is mainly defined by Gill (2007, 2009) and McRobbie (2004) as an idea of feminism and antifeminism combined with the use of neoliberal views. Previous research conducted between 1990 and 2009 has stated that women’s magazines follow a postfeminist discourse and therefore give a contradictory message to their readers, emphasising the importance of individuality and empowerment as well as promoting a traditional feminine image. The magazines analysed in this essay were the January 2016 issue of Elle Magazine US and the February 2016 issue of Elle Magazine UK. The magazines follow a postfeminist discourse, and it is constructed with the use of wording and modality. To complement the CDA, an interview with a target group of women’s magazine readers was conducted. Findings indicate that the magazines both largely follow a postfeminist discourse, constructed through the use of rhetorical features such as wording and modality, and readers believe magazines affect their identity construction negatively. The article is concluded with a discussion on what the aim of a postfeminist discourse is.

A call to arms at the end of history: a discourse-historical analysis of George W. Bush's declaration of war on terror

In this article we take a discourse-historical approach to illustrate the significance of George W Bush's (2001) declaration of a 'war on terror'. We present four exemplary 'call to arms' speeches by Pope Urban 11 (1095), Queen Elizabeth I (1588), Adolf Hitler (1938) and George W Bush (2001) to exemplify the structure, function, and historical significance of such texts in western societies over the last millennium. We identify four generic features that have endured in such texts throughout this period: (i) an appeal to a legitimate power source that is external to the orator, and which is presented as inherently good; (ii) an appeal to the historical importance of the culture in which the discourse is situated; (iii) the construction of a thoroughly evil Other; and (iv) an appeal for unification behind the legitimating external power source. We argue further that such texts typically appear in historical contexts characterized by deep crises in political legitimacy.

Highlighting hybridity: A critical discourse analysis of teacher talk in science classrooms

There is evidence that alienation from science is linked to the dominant discourse practices of science classrooms (cf. Lemke, J. L. (1990). Talking Science: Language, Learning, and Values. Norwood, NJ: Ablex). Yet, in secondary science education it is particularly hard to find evidence of curriculum reform that includes explicit changes in pedagogic discourses to accommodate the needs of students from a wide range of backgrounds. However, such evidence does exist and needs to be highlighted wherever it is found to help address social justice concerns in science education. In this article, I show how critical discourse analysis can be used to explore a way of challenging the dominant discourse in teacher-student interactions in science classrooms. My findings suggest a new way of moving toward more socially just science curricula in middle years and secondary classrooms by using hybrid discourses that can serve emancipatory purposes. © 2005 Wiley Periodicals. Inc.

The role of discourse analysis for translation and translator training

It has been widely recognised that an in-depth textual analysis of a source text is relevant for translation. This book discusses the role of discourse analysis for translation and translator training. One particular model of discourse analysis is presented in detail, and its application in the context of translator training is critically examined.

Common Scientific Lexicon for Automatic Discourse Analysis of Scientific and Technical Texts

The paper reports on preliminary results of an ongoing research aiming at development of an automatic procedure for recognition of discourse-compositional structure of scientific and technical texts, which is required in many NLP applications. The procedure exploits as discourse markers various domain-independent words and expressions that are specific for scientific and technical texts and organize scientific discourse. The paper discusses features of scientific discourse and common scientific lexicon comprising such words and expressions. Methodological issues of development of a computer dictionary for common scientific lexicon are concerned; basic principles of its organization are described as well. Main steps of the discourse-analyzing procedure based on the dictionary and surface syntactical analysis are pointed out.

On the F word:a corpus-based analysis of the media representation of feminism in British and German press discourse, 1990-2009

Research in social psychology has shown that public attitudes towards feminism are mostly based on stereotypical views linking feminism with leftist politics and lesbian orientation. It is claimed that such attitudes are due to the negative and sexualised media construction of feminism. Studies concerned with the media representation of feminism seem to confirm this tendency. While most of this research provides significant insights into the representation of feminism, the findings are often based on a small sample of texts. Also, most of the research was conducted in an Anglo-American setting. This study attempts to address some of the shortcomings of previous work by examining the discourse of feminism in a large corpus of German and British newspaper data. It does so by employing the tools of Corpus Linguistics. By investigating the collocation profiles of the search term feminism, we provide evidence of salient discourse patterns surrounding feminism in two different cultural contexts. © The Author(s) 2012.

An analysis of police interview discourse and its role(s) in the judicial process

This study analyses the current role of police-suspect interview discourse in the England & Wales criminal justice system, with a focus on its use as evidence. A central premise is that the interview should be viewed not as an isolated and self-contained discursive event, but as one link in a chain of events which together constitute the criminal justice process. It examines: (1) the format changes undergone by interview data after the interview has taken place, and (2) how the other links in the chain – both before and after the interview – affect the interview-room interaction itself. It thus examines the police interview as a multi-format, multi-purpose and multi-audience mode of discourse. An interdisciplinary and multi-method discourse-analytic approach is taken, combining elements of conversation analysis, pragmatics, sociolinguistics and critical discourse analysis. Data from a new corpus of recent police-suspect interviews, collected for this study, are used to illustrate previously unaddressed problems with the current process, mainly in the form of two detailed case studies. Additional data are taken from the case of Dr. Harold Shipman. The analysis reveals several causes for concern, both in aspects of the interaction in the interview room, and in the subsequent treatment of interview material as evidence, especially in the light of s.34 of the Criminal Justice and Public Order Act 1994. The implications of the findings for criminal justice are considered, along with some practical recommendations for improvements. Overall, this study demonstrates the need for increased awareness within the criminal justice system of the many linguistic factors affecting interview evidence.