MARC 主機 00000nam  2200373   4500 
001    AAI9542838 
005    20110908142955.5 
008    110908s1995    ||||||||||||||||| ||eng d 
035    (UMI)AAI9542838 
040    UMI|cUMI 
100 1  Fredrickson, Kirstin Marie 
245 10 American and Swedish written legal discourse: The case of 
       court documents 
300    335 p 
500    Source: Dissertation Abstracts International, Volume: 56-
       08, Section: A, page: 3103 
500    Chair: John Swales 
502    Thesis (Ph.D.)--University of Michigan, 1995 
520    Previous studies of written legal language have 
       concentrated on its linguistic features and have not 
       investigated variation in legal usage due to text type 
       (genre) or legal system. This dissertation explores both 
       of these issues, investigating how and why differences in 
       genre, genre system, and legal system affect textual 
520    The study analyzes documents from 24 appellate cases in 
       the United States and Sweden. The texts studied are the 
       appellant's brief (vadeinlaga), appellee's brief (genmale),
       and opinion (dom), all analyzed using three methodologies.
       The first analysis qualitatively examines the texts' 
       linguistic features, comparing them with those of other 
       legal texts. The second analysis delves deeper, using a 
       quantitative methodology with three major components: 
       cognitive, pragmatic, and thematic. The third analysis 
       qualitatively explores the nature of the texts' 
       intertextuality, i.e. their links with other texts. The 
       documents from each case form two simultaneous 
       conversations--a "local" conversation, involving the facts
       of the case and discussing how the conflict should be 
       resolved, and a broader conversation, dealing with the 
       nature of law and what legal policy ought to be 
520    The results show that the court documents from the two 
       countries share many features, which may be ascribed to 
       trans-national characteristics of the field of law. 
       Despite these similarities, there are consistent 
       differences which reflect the contrasting nature of the 
       legal systems and cultures. For instance, the American 
       texts concentrate on the non-local conversation, placing 
       the case very carefully within the surrounding web of 
       statutes and prior cases. In contrast, the Swedish texts 
       emphasize the local conversation and the outcome of the 
       particular case. In addition to national differences, 
       textual patterns also vary with genre 
520    The genres and legal cultures also interact to form 
       different sets of textual patterns. The differences are 
       traced to inequivalences in the roles of the genres across
       the legal systems. Thus, variance in textual features may 
       be due to differences in the specific institutional 
       cultures and genre systems the texts are produced in. As 
       such, contrastive researchers need to take account of the 
       influence of institutional cultures 
590    School code: 0127 
650  4 Language, Linguistics 
650  4 Law 
650  4 Language, General 
690    0290 
690    0398 
690    0679 
710 2  University of Michigan 
773 0  |tDissertation Abstracts International|g56-08A 
856 40 |u