The Lexical Or Grammatical Items English Language Essay

Published:

This essay has been submitted by a student. This is not an example of the work written by our professional essay writers.

This paper aims at studying the lexical or grammatical items occur in the corpus of the legal text and the On-line discussions. A legal text is something very different from ordinary speech. This is especially true of authoritative legal texts: those that create, modify, or terminate the rights and obligations of individuals or institutions. Lawyers often refer to them as operative or dispositive. On the other hand, online discussion is a relatively new form of communication, usually facilitates with computer networks. Many people would share their experience online in the blogs, forums, emails and even facebook. The readers would also leave their comments and questions toward the discussion. Such On-line discussions would be topic oriented and enable us to examine the particular language used in specialized corpus. We would use the legal texts and the On-line discussions' genre to evaluate the characteristics of the language and identify the implicit meaning of the text theme.

Methodology

To narrow down the research area, the paper would focus on the words "Shall" and "Should" in the legal text and the On-line discussions.

A corpus would be collected by complying the text from The PolyU Corpus of Travel and Tourism Texts (TnT) for the study. Comparison of these specialized corpuses would be made to further study the syntax, the meaning and the use of "Shall" and "Should".

Findings

In order to analyze the lexico-grammatical items that used in "Shall" and "Should", "PolyU Language Bank Concordancer" was used as a tool to find out the usage and occurrences of a particular search word. The analysis result indicates that "Shall" appeared over 2001 instances and 3 instances in Legal documents and On-line discussions respectively. However, "Should" only appear 71 instances in Legal documents and 231 instances in On-line discussions. Those are the big differences between the texts. Therefore, I am interested in discovering whether "Shall" and "Should" played a different role, acts and meaning in these two texts.

"Shall" and "should" are verbs, auxiliary verbs and modal verbs in English used to express propositions about the future. They usually occur after the noun, like I, She, He and They as a helping verb before the main verb. With the main verbs, we often use one more helping verb to make different tenses. (Ann Hogue) As we can see "Shall" occurs more than 2001 instances in legal text with a very high frequency, when the word "shall" used in the second and third persons, connotes intention or compulsion. This use of the word "shall" in statements of the case and condition was formerly common not only in private legal documents between parties but also in Acts of Parliament, but in the latter the practice has been established to limit the use of "shall" to the expressions of obligation only. For their intrinsic and extrinsic meanings, intrinsic modality refers to actions and events that humans directly control and extrinsic modality refers to the logical status of events or states (Note 6/7/10). I have extracted 1-50 instances from the corpus to analyze their intrinsic and extrinsic meanings in the legal document.

No person

shall

act as a tour guide in the Maldives

The Authority

shall

also appoint one of its officers

ommitments and for this purpose he

shall

also deposit with the Minister a b

the operator

shall

apply to the Authority for a licenc

the Deputy Chairman

shall

act in the office of the Chairman

Appendix 1.1 Personal volition for "shall" in legal document

of a tourist establishment licence

shall

apply to the licence issuer by fili

e Registrar under section 18 or 19

shall

- (a) be notified- (i) by notice

The Fund levy

shall

- (a) be payable in respect of eve

he Authority by or under this Act

shall

after that day, lie against the Aut

rmation services to the public and

shall

, (a) be equipped with a suitable

ed to as an "enforcement notice")

shall

- (a) in respect of any requiremen

ED ON LICENSEES> Every licensee

shall

- (a) keep and maintain proper boo

Appendix 1.2 prediction in legal document

According to the Appendix 1.1, 1.2 and the sentence in the corpus, we can see the examples mostly express logical meanings in Legal documents since they always refer to the logical status of events or states. In the meantime, I'm also interested in studying the corpus on online discussion.

in the killanrey national park or

shall

i stay in killarney for another day

k I do trendy that well! haha - we

shall

see if I get there or not... And m

Appendix 1.3 Personal volition in online discussion

In the Appendix 1.3, We can see the word "Shall" in the online discussion corpus has a different result with the corpus in legal documents. The sentences in the appendix 1.3 are mostly "personal volition" because we would always use "shall" to express propositions about the future. Meanwhile, "Shall" has a very low frequency appears very infrequently in the online discussion as it only occurred 3 instances in the text. Most of the contents of the online discussion contents are usually informal, casual conversation and spoken language. People might also think that using "shall" sounds rather formal. It would be over-polite if that is in question form, but not firm enough if that is using in reply. In addition, formal writings are often appeared in documents or something where one party is writing information to another party. Thus people will rarely ask questions unless it's rhetorical. It usually uses for simple future tense. In declarative sentences under the pure system, shall is not used in the first person, since one does not usually give commands to oneself.

On the other hand, "Shall" expresses an action that will take place in the future while "should" expresses a recommendation. Therefore, we do see that "Should' appears very frequently in both texts a lot. "Should" indicates that the subject of the sentence has some obligation to execute the sentence predicate. In legal document, it's almost always definite situations and consequences; therefore, the frequency of using "should" was not so high unless it's related to something likes "authority should use their judgments in this scenario". We won't see legal documents going like "it should be illegal to sell drugs" instead of "it is illegal to sell drugs." In contrast, online discussion uses "should" a lot more frequently because most things are opinions but not definite facts like "He should be able to answer" or "You should be allowed 2 or 3 stops on the way."

Afterwards, I am going to analyze "should" from 1-50 in both corpuses and see if it mostly considered as a personal obligation or logical necessity.

the Queen's Printer imprints which

should

be removed from any copies of the

All requests for exceptions

should

be addressed to the State Procureme

Cheques

should

be made payable to 'Hong Kong Gover

the cash advance

should

not be authorized

and comments regarding regulations

should

be directed to the administrator, O

to decide whether the application

should

be granted. 

Appendix 2.1 logical necessity in Legal Document

the judge considers that notice

should

be given, upon such notice as the j

in respect of it

should

do so in writing before 14th Novemb

the agency

should

make the travel arrangements

Appendix 2.2 personal obligation in Legal Document

From the 1-50 instances of should in Legal Document, I could notice that the extrinsic modality has a higher number than the intrinsic. This is because "should" expresses a recommendation, and we do not need recommendation or suggestion in the legal text. However, it has a different result in online discussion.

5 Date: 07/20/2004, 05:05 pm > I

should

add - if the CNN tour is the main "

s........ > Hello, I thought I

should

add another two of my favourite pla

ersation regarding politics. But I

should

also add that I was there 4 years a

Philip> You

should

also ask on the LP Thorntree - UK &

d that you're going in Sept, which

should

be a really good time to go. With k

tions must be made in advance. You

should

be able to "Google" "Ute Mountain T

Appendix 3 for personal obligation in Online discussion

The result in 1-50 instances of should in online discussions is dramatically different with legal documents since I cannot find any logical necessity in the text at all. The reason is most things are opinions and not definite facts in online discussion.

Conclusion

In conclusion, modals express the mood of a verb, such as ability, possibility, necessity, or another condition. They are used with a main verb to form a sentence or a question. Modals are not conjugated, have no tenses, and cannot be used without a main verb. Moreover, word can have various meanings, role and usage in different contexts. Like the words "Shall" and "Should", their occurrence, frequency, and meaning are completely different when they are appearing in the different texts. Just like "Shall", legislative acts and contracts sometimes use "shall" and "shall not" to express mandatory action and prohibition. However, it is sometimes being used to mean "may" or "can". In addition, for the "Should", "should" indicates an obligation especially when used in questions, "should" asks if an obligation exists.

Word count: 1120 (excluded appendix and bibliography)

Writing Services

Essay Writing
Service

Find out how the very best essay writing service can help you accomplish more and achieve higher marks today.

Assignment Writing Service

From complicated assignments to tricky tasks, our experts can tackle virtually any question thrown at them.

Dissertation Writing Service

A dissertation (also known as a thesis or research project) is probably the most important piece of work for any student! From full dissertations to individual chapters, we’re on hand to support you.

Coursework Writing Service

Our expert qualified writers can help you get your coursework right first time, every time.

Dissertation Proposal Service

The first step to completing a dissertation is to create a proposal that talks about what you wish to do. Our experts can design suitable methodologies - perfect to help you get started with a dissertation.

Report Writing
Service

Reports for any audience. Perfectly structured, professionally written, and tailored to suit your exact requirements.

Essay Skeleton Answer Service

If you’re just looking for some help to get started on an essay, our outline service provides you with a perfect essay plan.

Marking & Proofreading Service

Not sure if your work is hitting the mark? Struggling to get feedback from your lecturer? Our premium marking service was created just for you - get the feedback you deserve now.

Exam Revision
Service

Exams can be one of the most stressful experiences you’ll ever have! Revision is key, and we’re here to help. With custom created revision notes and exam answers, you’ll never feel underprepared again.