法律英语模糊表达的语用学分析
发布时间：2018-12-18 12:02
【摘要】： 法律英语是英国、美国、加拿大、澳大利亚、新西兰等以英语为官方语言的国家所使用的法律语言。它是融语言学和法学为一体的一种前言科学。作为调整人们日常行为规范的工具,法律语言应该尽可能做到精确。然而,模糊表达在法律语言中几乎随处可见。 近些年来,这种现象已被许多国内外学者所关注并探讨。截止目前,有关学者对法律语言模糊性的研究已取得了很大成就,提供了很多宝贵的材料。然而,作为融合语言学和法学的一种综合知识,对法律英语模糊性这一相对崭新的领域的研究依然任重道远。 本文在前人研究的基础上,着重对法律英语中的模糊表达用语用学的理论进行分析。法律语言是力求精确的,但立法者在这种力求精确的语言中却要选择模糊表达,其意图和目的是值得深入探究的,而语言顺应论恰恰为立法者的这种语言选择提供了合理的理论解释。根据维索尔伦的语言顺应论,立法中使用模糊语言是立法者进行语言选择和实现语言顺应的结果。笔者选择从结构客体的顺应和语境关联的顺应两方面来探析立法者在立法中使用模糊语言的动机。在结构客体的顺应方面,立法者在立法语言结构的各个层面都会选择适当的模糊语言以达到立法语言结构的顺应；在语境关联的顺应方面,立法者在使用语言的过程中,总会考虑到社会语境、心理语境和物理语境的影响,而立法者对模糊语言选择恰恰反映了对这三个非言语语境的顺应。在司法英语中模糊语言的使用则是相对灵活的,其灵活性突出表现为法律言语行为的参与者使用模糊语言来实现其特定的交流目的,而这正是合作原则的研究范畴。因此,为了探讨法律言语行为的参与者是如何使用模糊语言实现其交流目的,笔者采用了合作原则和礼貌原则对法律英语的模糊表达进行分析,阐述如何通过使用模糊语言来有意违背合作原则进而产生会话含义的,证明在法律言语交际中使用模糊语言作为一种交际策略可以帮助说话人实现其交际目的,达到特殊的语用效果即故意隐藏信息、礼貌、劝说、自我保护、填补信息空缺等。 本文通过对法律英语模糊性的语用分析,能丰富现有的法律英语模糊性研究的内容、拓展该领域研究的范围,能帮助人们更好的理解、掌握和运用法律英语,因此有很大的实践意义。 本文共分五章。首先为引言部分,提出了本文研究的问题及研究方法。第一章为文献综述,着重总结了模糊语言及法律英语模糊表达的研究现状。第二章讨论了法律英语中模糊表达的必要性及其实现方式。由于本文从语用角度分析法律英语中的模糊表达,第三章着重介绍了语言顺应论以及合作原则和礼貌原则,作为研究的理论基础。第四章在第三章提供的理论框架内,分析了模糊表达在法律英语中的表现。第五章对法律英语中模糊表达的功能进行了探讨。最后一部分对全文进行总结,指出研究的结果和意义并指出局限和不足。
[Abstract]:Legal English is the legal language used by the United Kingdom, the United States, Canada, Australia, New Zealand and other countries in the official language. It is a kind of foreword science integrating linguistics and law. As a tool for adjusting people's daily code of conduct, the legal language should be as accurate as possible. However, the fuzzy expression is almost everywhere in the legal language. In recent years, this phenomenon has been paid by many domestic and foreign scholars At present, the study of the fuzziness of legal language has made great achievements, and it has provided a lot of valuable information. However, as a comprehensive knowledge of the integration of linguistics and law, the research on the fuzziness of legal English is still a new field. On the basis of previous studies, this paper focuses on the study of the expression of fuzzy expression in legal English. The theory of the law is to be analyzed. The legal language is to be precise, but the legislator has to choose the fuzzy expression in such a precise language, the purpose and purpose of which is worth in-depth inquiry, and the language adaptation theory is just the language choice for the legislators. A reasonable explanation of the theory. According to the language adaptation theory of Versauron, the use of the fuzzy language in the legislation is the language choice and implementation of the legislators. The result of language compliance. The author chooses the adaptation of the object of the structure and the adaptation of the context, and probes into the use of the legislators in the legislation. The motivation of the fuzzy language. In terms of the adaptation of the structure object, the legislators will choose the appropriate fuzzy language at all levels of the legislative language structure to meet the legislative language structure's compliance. In the context of the context-related adaptation, the legislators will always be in the process of using the language The influence of the social context, the psychological context and the physical context is taken into account, and the legislators' choice of the fuzzy language exactly reflects the three non-The use of the fuzzy language in the judicial English is relatively flexible, and its flexibility is characterized by the use of the fuzzy language of the participants in the legal speech act to achieve their specific communication purposes, which is the cooperation Therefore, in order to explore how the participants of the legal speech act are using the fuzzy language to achieve the purpose of their communication, the author adopts the principle of cooperation and the principle of politeness to the legal English. The analysis of the expression of the paste shows how to use the fuzzy language to intentionally violate the principle of cooperation and then to produce the meaning of the session. It is proved that the use of the fuzzy language in the legal language communication can help the speaker realize the purpose of communication and achieve the special pragmatic effect. hide information, courtesy, persuasion, self-protection, This paper, through the analysis of the fuzziness of the legal English, can enrich the content of the existing research on the fuzziness of the legal English, expand the scope of the research in this field, and can help people to understand, master and apply the legal English. so there's a lot of it. Practical significance. This paper is divided into five chapters. The first part is the introduction part. The problems and methods of this paper are put forward. The first chapter is a review of the literature, and the fuzzy language is emphasized. The present situation of the study on the fuzzy expression of legal English is discussed in the second chapter. In this paper, the necessity and realization of the fuzzy expression in law are analyzed from the perspective of the pragmatic angle. The third chapter mainly introduces the language adaptation theory and the principle of cooperation. The fourth chapter is within the framework of the theory provided in the third chapter. The expression of the fuzzy expression in the legal English is analyzed. The fifth chapter is about the law The function of the fuzzy expression in English is discussed.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：H313;D90-055
本文编号：2385817
[Abstract]:Legal English is the legal language used by the United Kingdom, the United States, Canada, Australia, New Zealand and other countries in the official language. It is a kind of foreword science integrating linguistics and law. As a tool for adjusting people's daily code of conduct, the legal language should be as accurate as possible. However, the fuzzy expression is almost everywhere in the legal language. In recent years, this phenomenon has been paid by many domestic and foreign scholars At present, the study of the fuzziness of legal language has made great achievements, and it has provided a lot of valuable information. However, as a comprehensive knowledge of the integration of linguistics and law, the research on the fuzziness of legal English is still a new field. On the basis of previous studies, this paper focuses on the study of the expression of fuzzy expression in legal English. The theory of the law is to be analyzed. The legal language is to be precise, but the legislator has to choose the fuzzy expression in such a precise language, the purpose and purpose of which is worth in-depth inquiry, and the language adaptation theory is just the language choice for the legislators. A reasonable explanation of the theory. According to the language adaptation theory of Versauron, the use of the fuzzy language in the legislation is the language choice and implementation of the legislators. The result of language compliance. The author chooses the adaptation of the object of the structure and the adaptation of the context, and probes into the use of the legislators in the legislation. The motivation of the fuzzy language. In terms of the adaptation of the structure object, the legislators will choose the appropriate fuzzy language at all levels of the legislative language structure to meet the legislative language structure's compliance. In the context of the context-related adaptation, the legislators will always be in the process of using the language The influence of the social context, the psychological context and the physical context is taken into account, and the legislators' choice of the fuzzy language exactly reflects the three non-The use of the fuzzy language in the judicial English is relatively flexible, and its flexibility is characterized by the use of the fuzzy language of the participants in the legal speech act to achieve their specific communication purposes, which is the cooperation Therefore, in order to explore how the participants of the legal speech act are using the fuzzy language to achieve the purpose of their communication, the author adopts the principle of cooperation and the principle of politeness to the legal English. The analysis of the expression of the paste shows how to use the fuzzy language to intentionally violate the principle of cooperation and then to produce the meaning of the session. It is proved that the use of the fuzzy language in the legal language communication can help the speaker realize the purpose of communication and achieve the special pragmatic effect. hide information, courtesy, persuasion, self-protection, This paper, through the analysis of the fuzziness of the legal English, can enrich the content of the existing research on the fuzziness of the legal English, expand the scope of the research in this field, and can help people to understand, master and apply the legal English. so there's a lot of it. Practical significance. This paper is divided into five chapters. The first part is the introduction part. The problems and methods of this paper are put forward. The first chapter is a review of the literature, and the fuzzy language is emphasized. The present situation of the study on the fuzzy expression of legal English is discussed in the second chapter. In this paper, the necessity and realization of the fuzzy expression in law are analyzed from the perspective of the pragmatic angle. The third chapter mainly introduces the language adaptation theory and the principle of cooperation. The fourth chapter is within the framework of the theory provided in the third chapter. The expression of the fuzzy expression in the legal English is analyzed. The fifth chapter is about the law The function of the fuzzy expression in English is discussed.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：H313;D90-055
【引证文献】
相关硕士学位论文 前1条
1 陈艳;中国法律法规中的模糊词语及其英译研究[D];南京师范大学;2013年
，本文编号：2385817
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