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A Corpus Discovery Approach to Semi-Technical Vocabulary Issues in Teaching Legal English Abstract This paper discusses issues related to the teaching of semi-technical vocabulary and presents tools and techniques for analyzing such terms with the aim at a discovery learning approach. We focus on legal vocabulary from a corpus of US Constitutional Cases which was analyzed for word meanings, grammatical features, collocational patterns and frequently occurring specific discoursal features. An OCHA approach is used to have students observe the language features of the target genre, classify the findings, hypothesize about their usage and apply the findings during reading or writing activities.
In an EFL environment, a smooth transition is necessary from English for General Purposes (EGP) curricula to field-specific language teaching. In this paper we present an example of the development of a legal English dictionary for Japanese-speaking students at the graduate school level. Students are first made to realize that the general English-Japanese dictionaries that almost all of them use are inadequate for advanced studies in their specific fields. Of course, there are law dictionaries in Japan offering definitions of legal technical words and their historical background, but, unfortunately, they lack examples of how these words are used in context. Also, there are no explanations as to how general words are used in a legal sense in a legal document. Such circumstances make acquisition of legal terminology difficult. Furthermore, legal dictionaries do not explain how words with general senses are used with legal senses in legal documents. This can be a problem for law students who are not native English speakers, as they frequently cannot fully understand the meaning of words used with a semi-technical sense. The highly technical terms, on the other hand, tend to be easier to master as their definition is limited. Here we present an approach to identifying the differences in the usage of words in general and specific contexts as well as to finding collocations common to field-specific corpora. This work lays the basis for developing effective teaching materials and involving students in the examination of a dedicated minicorpus for a discovery learning approach. The model should be applicable to other fields of language for specific/special purposes.
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1 Introduction 1.1 Background On March 31, 2003, the Japanese Ministry of Education, Culture, Sports, Science and Technology announced an “Action plan to cultivate ‘Japanese with English abilities’,” recognizing the need to improve English language teaching in Japan. One of the specifically stated goals was having university graduates possess the “English language skills required for specialized fields or for those active in international society.” This announcement galvanized those involved in language education in Japan and has raised much interest in using English for Specific Purposes (ESP) methods in lieu of English curricula emphasizing literature and skills-based approaches. For a successful transition to ESP methods from the English for general purposes approaches familiar to both students and instructors, we decided to start by focusing on the teaching of semitechnical vocabulary. The field of study described in this paper is related to law studies but the approach should be applicable to other ESP fields. This paper describes an approach to developing and implementing ESP methodology to create an online Wiki-style English dictionary for law-related terminology. The need for such a dictionary is great as law dictionaries in Japan offer only definitions of legal technical words and their historical background. They do not offer examples of how these words are used in context nor explanations of how general words are used in a legal sense in legal documents.
1.2 Project goals The main goal of this project was to develop methods for teaching students how to utilize ESP reference materials to create useful resources which could be of benefit for not only their immediate studies but also aid their future professional development. As a model case, we decided to use a corpus of legal English based on actual US Constitutional Cases (USCC). The corpus was constructed from the entire set of 14,531 U.S. Constitutional Cases issued by the Federal Supreme Court through August 2000. This set of court cases is perhaps the largest such corpus of legal English in the world, being composed of 144, 588 word types and 83,442,416 word tokens. The analyses presented below demonstrate how words used in US Constitutional Cases differ from general English usage in terms of both frequency and meaning. As ESP methodology includes the notion of discourse community, language educators
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should have some basic understanding of the context in which the language is used. In this light, we begin with a brief description of the history of law in Japan. We then present our approach to addressing vocabulary issues in this field and describe a tool that can be used to help students grasp how to create useful self-help resources. 1.3 Brief Description of Japanese law The basis of the legal system of Japan today was laid during the Meiji Period (18681912) when Japan opened its doors to the world after more than 200 years of seclusion during the Edo period. Japan turned to French and Prussian codes of law, with the first Minister of Justice in Japan, Shimpei Eto, issuing orders to: “Translate those (the French Civil Code) codes as quickly as you can and do not worry too much about any errors you may make” (Noda, 1976, p. 43). The reason for the adoption of the French Code was “because the Common Law system appeared too complicated, whereas France had the five Napoleonic codes. Moreover the French codes had already been the inspiration for many countries that were modernizing their societies” Noda (1976, p. 43). The Prussian Code was also referred to because it allowed the Emperor, like the Kaiser, to be free from parliamentary control. The next period of major reform was implemented after the end of World War II. The Japanese Constitution, drafted under American influence, affected the Japanese legal code in many areas: administrative law, three major labour laws, anti-monopoly law, and economic law. However, “major codes such as the Criminal Code, Code of Civil Procedure and the Commercial Code were retained without any significant amendment. In other words, a significant portion of Japanese law is still influenced by the Prussian Code” Oda (1992, p. 33). In this way, Japan has a unique blend of both civil law and common law. Noda summarizes this well by saying that “Japan freely adopted ideas and habits from foreign civilizations. The ideas took root in Japanese soil and once removed (from) their native cultural surroundings, they have developed and been transformed into something quite different from the original” (1976, p. 5). Today, the main sources of law in Japan include the Constitution (kempo), acts of the Diet (horitsu), orders, mandates, fiats, statutory instruments (meirei), local ordinances (jorei), treaties (joyaku), rules of court (saibanho kisoku), customs (kanshu), judicial precedents (hanrei), and scholarly opinions (gakusetsu). 2.1 An OCHA approach to raising awareness of vocabulary
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The aim of this project was to develop tools and techniques to have students acquire ESP vocabulary. To encourage learner autonomy, an OCHA approach is suggested to have learners observe the form features, classify what they observe, hypothesize about their usage and apply what they have considered (Noguchi 2003). In focusing on form (Ellis 2001), students are asked to observe rhetorical, grammatical, lexical, technical and phonological features of genre texts. While this project focuses on vocabulary learning, the other form features, e.g., rhetorical and grammatical, are also important for understanding the contextual environment of the lexical items.
2.2 Corpus linguistics for ESP The focus on vocabulary means the use of corpus linguistic techniques. Here, what Hunston (2002, p. 2) states is useful: “linguists have always used the word corpus to describe a collection of naturally occurring examples of language, consisting of anything from a few sentences to a set of written texts or tape recordings, which have been collected for linguistic study.” For this project on the law vocabulary, we employed a minicorpus of texts, in particular, a 900-case subset of a larger corpus of 14,531 U.S. Constitutional Cases issued by the Federal Supreme Court. In ESP, the technical terms usually do not pose too serious a problem because there is usually a one-to-one equivalence of terms in both the learner’s native language and English. However, the subtechnical vocabulary can be problematic because it includes terms which have many possible meanings (Herbert 1965; Katsuragi 1998; Noguchi 1999, 2001a). Also, in ESP, “it is not single words which are always difficult, but phrases, so that common combinations of words should be taught, not just the individual vocabulary items of discipline.” (Fanning 1977, mentioned in Robinson 1980) 2.2.1 Disambiguation using corpus linguistics With this background, let us consider how corpus linguistics can be used to aid ESP vocabulary acquisition. First, let us examine how it can help disambiguate the synonyms: alien, foreign, stranger, and immigrant. The dictionary meanings are not very helpful for a second-language learner and can, in fact, be confusing. Examination of the 900-case subset of US constitutional cases being considered in this study reveals the specific usage environments of these terms. The most commonly used is foreign (712 examples), followed by alien(s)(303), immigrant(s) (85) and stranger(s) (21). Examining the most commonly used foreign reveals its overwhelming use as an
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adjective, with no example of the noun form. foreign commerce
55 samples, 18 texts
oreign affairs power, violates the Foreign Commerce Clause, and is preempted by the representing companies engaged in
foreign commerce; 34 of its members were on the
d similar concerns in our cases on foreign commerce and foreign relations. See, e.g., pped, or received in interstate or foreign commerce from the person or presence of
of foreign
76 examples, 23 texts
n displaying, within 500 feet of foreign embassies, banners designed t . In this case, the positions of foreign governments and the Executive t. In consequence, statements of foreign
powers necessarily involved
mal diplomatic protests, risk of foreign retaliation, and
foreign nations n
statements
20 examples, 10 texts
by allowing private parties and foreign nations to challenge state procu
ed fear of criminal prosecution by foreign nations including Lithuania s done so with the acquiescence of foreign nations. See Alabama
and
and Missis
es and citizens of other States or foreign nations. As we have explained: n and convenience of commerce with foreign nations and
among the several s
Observation of examples can also be helpful for learning about grammatical features such as the use of prepositions and articles as well as the selection and usage of singular and plural nouns. Here are examples to illustrate these features. The following examples of alien to can be used to show students to importance of examining the semantic context and grammatical context when trying to decide on the meaning of a particular word. alien to
16 examples, 7 texts
withholding only bars deporting an alien to a particular country or countries, sing from any action to remove an
alien to judicial review of a final order--
pen an investigation or subject an alien to surveillance [***57] ral shall not deport or return any alien to a country if
belong to t
the Attorney General
stigation, which could subject the alien to eventual deportation, into the
al
or a debtor race. That concept is alien to the Constitution's focus upon the
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ed out that federal courts are not alien to a bistate entity
Congress partici
Government. Federal courts are not alien to such an entity, for they are ordai ide, democratic vote -- so utterly alien to our constitutional system, the Cou
The use of the English article system is problematic for Japanese speakers. The following examples of article usage with evidence can be informative (900 texts, 5150 instances) (no “the”) adjective + evidence at sentence start Circumstantial evidence of the prudent tivity. Cogent evidence regarding thei DECISION: Drug evidence seized after a arby. Forensic evidence indicated that Hearsay evidence is inadmissibl on. Mitigating evidence 88). Relevant
unrelated to
evidence may, for examp
the + (adjective) + evidence with the plurality that, like the above evidence of
actual diversion, the bor
of Strickland. After hearing the additional evidence developed in the postconvicti ree with JUSTICE STEVENS that the available evidence supports the conclusion that n20 Texas argues that the corroborative evidence required by Article 38.07 "ne s voluntary confession--where the favorable evidence is to the effect that (a)
th
from Fisher, but in light of the historical evidence that the
Self-Incrimination
blishment Clause is rejected. The limited evidence amassed by
respondents durin
t -- to provide the jury with the mitigating evidence that his trial counsel either reasonable probability is
that the omitted evidence would have changed the conclu
dominantly in cases where the physical evidence is inconclusive that prosecut
as a trial court, and because the relevant evidence is either documentary or olds title to land)), much of the standard evidence of
unc
sovereign prescription is
Another frequently encountered problem with Japanese speakers is the choice of preposition to be used with a noun or a verb. Examples from a minicorpus can be very helpful for guiding the student with examples from their field. Here is a list showing how varied the prepositional choices can be and what collocations are frequently used. Preposition + evidence
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585 evidence_of 519 of_evidence 286 of_the_evidence 245 evidence_in 191 evidence_to 100 evidence_of_the 89 evidence_in_the 89 rules_of_evidence 70 preponderance_of_the_evidence 69 as_evidence 69 sufficiency_of_the_evidence 59 evidence_at
49 47 46 44 41 41 40 35 34 33 32 31
evidence_against evidence_as evidence_on evidence_for evidence_to_support the_evidence_of into_evidence no_evidence_of of_evidence_of evidence_in_the_record evidence_from evidence_before
59 evidence_or 58 evidence_of_a 55 by_clear_and_convincing_evidence
30 30 28
evidence_tending_to of_evidence_and by_evidence
3 Teaching and reference tools 3.1 Development of teaching strategies As discussed above, while the main focus of this project was aiding student vocabulary acquisition, in the case of ESP vocabulary, the learner should be made aware of the various features of a genre text. Here we present an example of a pedagogical strategy that focuses students’ awareness on the lexical and syntactical features of the target texts. Next, utilizing this strategy, we present two examples of “pedagogic tasks” (Long 2002) that can be used in the classroom. The pedagogic method utilizes Noguchi’s (2003) “OCHA” approach to observing, classifying, hypothesizing, and then applying the language knowledge acquired through this observation to the reading, writing and understanding of ESP texts and genres. 3.2 Lexical choices As Author (2004, p. 24) has demonstrated elsewhere, learners of languages for specific academic purposes can be restricted by reference tools that may overemphasize the specialized meanings of the language of texts specific to their subject area. At the expense of this focus on technical language, non-technical and semi-technical usage may be overlooked. This oversight is apparent in dictionaries and learning aids designed for specialists and may result from the authors fully understanding the concept of genre analysis essential to ESP theory. What is needed is more collaboration between subject
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area professionals and ESP, or LSP (languages for specific purposes) professionals (see, eg., Author, et al. 2004). The problem also extends to the second language and specialized subject classrooms, where the emphasis on technical language may result in students ignoring the frequent use of general meanings in ESP texts, as Author (2001, p. 181-3) found with “trial” and “try.” To overcome this limitation in both LSP reference materials and classroom pedagogy, here we introduce a strategy that integrates an innovative, corpus-based legal dictionary with a teaching strategy to promote vocabulary learning. First, using the sentence-level syntax of the genre text as a key to interpreting “the recurring communicative event” (Author 2001a), the following OCHA steps are introduced to learners as an aid to help them narrow semantic choices to arrive understand vocabulary items. After students have learned these steps, they are encouraged to apply the approach as a self-study aid. 3.3 Strategic steps in the OCHA approach Students are asked to do the following: 1) Observe the form features. In this case, focus on the lexical items and their environments. Identify key words and patterns in the concordance lines that aid in clarification. 2) Classify these features. Is there a particular collocation or pattern that is repeatedly used? 3) Hypothesize about the usage. For example, if the focus item is a verb, a) what preposition follows it, and what is the object of the preposition? (e.g., ‘charged with power’, ‘charged with murder’); b) what is the subject and object of the verb; c) what is the direct object (auxiliaries, complements, modifiers, etc.) that is acted on by the verb. If it is a noun, a) what is the verb that acts on the noun or b) what is the pronoun referent? 4) Applying what has been learned from this process involves having students try to explain how they arrived at their hypotheses and solutions. This practice is a valuable tool to reinforce learning strategies, as well as a way to have students take active control of their own learning processes. 4. Task examples As specific examples of how the OCHA approach is implemented, let us consider how to teach the various meanings of the word token “charge.” First, students are shown five examples of its usage from the USCC corpus of USCC.
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Usage One: That even if Easton is to be regarded as master, at the time when the repairs and supplies were furnished, the fact that they were so furnished, with his knowledge and consent and under his superintendence, is sufficient to charge the barque with the usual maritime lien, notwithstanding that Leach may have ordered or directed them.1 Usage Two: And the charge of taking the vessel to the Pacific, and illegally detaining her there for his own benefit and advantage, was never heard of until payment for the repairs and supplies furnished to their barque was made by the libellants.2 Usage Three: The items ought to have been inserted in the other account, signed by him at the same time, which contains the charges for which he was personally liable; and his admission of that account would have been quite sufficient to verify these items.3 Usage Four: The court refused so to instruct the jury, but charged them: "That the court of admiralty could not proceed against the vessel while she remained in the custody of an independent and competent jurisdiction; that the presence of the marshal on the ship did not prove his custody, for the sheriff's officer was there before him; that the marshal did not dispossess the sheriff, but prudently retired himself, and informed the court in his 1
14003 WILLIAM THOMAS, SOUTHWORTH BARNES, NATHANIEL RUSSELL, AND OTHERS, OWNERS OF THE BARQUE LAURA, APPELLANTS, v. JAMES W. OSBORN. SUPREME COURT OF THE UNITED STATES 60 U.S. 22; 1856 U.S. LEXIS 416; 15 L. Ed. 534; 19 HOW 22 DECEMBER, 1856, Term PRIOR HISTORY: [**1] THIS was an appeal from the Circuit Court of the United States for the district of Maryland. 2 14003 WILLIAM THOMAS, SOUTHWORTH BARNES, NATHANIEL RUSSELL, AND OTHERS, OWNERS OF THE BARQUE LAURA, APPELLANTS, v. JAMES W. OSBORN. SUPREME COURT OF THE UNITED STATES 60 U.S. 22; 1856 U.S. LEXIS 416; 15 L. Ed. 534; 19 HOW 22 DECEMBER, 1856, Term PRIOR HISTORY: [**1] This was an appeal from the Circuit Court of the United States for the district of Maryland. 3 14003 WILLIAM THOMAS, SOUTHWORTH BARNES, NATHANIEL RUSSELL, AND OTHERS, OWNERS OF THE BARQUE LAURA, APPELLANTS, v. JAMES W. OSBORN. SUPREME COURT OF THE UNITED STATES 60 U.S. 22; 1856 U.S. LEXIS 416; 15 L. Ed. 534; 19 HOW 22 DECEMBER, 1856, Term PRIOR HISTORY: [**1] THIS was an appeal from the Circuit Court of the United States for the district of Maryland.
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return that the vessel was in the custody of the sheriff; that if the sheriff first took possession of the vessel, and maintained it until[**22] she was sold to the plaintiffs, they had the better title; and that the fact of the continuing possession of the sheriff was for the jury."4 Usage Five: The laws of the State charge the master with the custody of the slave, and provide for the[**232] maintenance and security of their relation.5 Next, using the OCHA strategy as a guideline, students are asked to complete two tasks. Task One (usage matching 1) Directions: For each of the five examples above decide whether the usage of “charge” in the sentence is a general (‘G’) or legal (‘L’) definition. Task Two (usage matching 2) Directions: Match each of the uses of “charge” in Task One with the gloss below which is closest in meaning. A) An obligation or indebtedness to be paid; a cost; an expense occurred. B) A formal accusation of the commission of a crime. C) To instruct a jury about the law. D) To issue a lien or encumbrance upon property or land. E) To impose a duty or responsibility on. 5. Development of an electronic tool to aid the OCHA process To facilitate student work with the corpus and encourage self-study, we developed a 4
JAMES L. AND SAMUEL L. TAYLOR, ADMINISTRATORS OF ROBERTTAYLOR, DECEASED, PLAINTIFFS IN ERROR, v. NATHAN T. CARRYL, WHO SURVIVED WILLIAM J. WARD. SUPREME COURT OF THE UNITED STATES 61 U.S. 583; 1857 U.S. LEXIS 490; 15 L. Ed. 1028; 20 HOW 583 DECEMBER, 1857, Term PRIOR HISTORY: [**1]This case was brought up from the Supreme Court of Pennsylvania, by a writ of error issued under the twenty-fifth section of the judiciary act. 5
14009 DRED SCOTT, PLAINTIFF IN ERROR, v. JOHN F. A. SANDFORD. SUPREME COURT OF THE UNITED STATES 60 U.S. 393; 1856 U.S. LEXIS 472; 15 L. Ed. 691; 19 HOW 393 DECEMBER, 1856, Term PRIOR HISTORY: [**1] This case was brought up, by writ of error, from the Circuit Court of the United States for the district of Missouri.
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system for electronically searching and translating U.S. Constitutional Cases that also addresses the need for native language support with Japanese glosses and contextual clues. The main features of this tool include: 1) A search engine for individual words or phrases in the corpus. 2) Access to external dictionary sources: a) Identification of common Japanese and English translations as well as usage (ALC-English-Japanese dictionary), b) Display of specialized usage of legal terms (Dictionary of British and American Legal English), c) Identification of actual usage in text of U.S. Constitutional Cases through a display of example sentences) (complete set of USCC), d) Identification of frequency of usage of terms within text of the USCC through a display of example sentences (corpus of example phrases) 3) Search refinement feature to link the results of a search in one set of data to the next search in a different data set. Figure 1 presents the schematic diagram of this reference tool, an electronic “ESP Law Dictionary for Japanese Students.” A major advantage of this dictionary is the function that allows students to add their findings to the refine the definition of a word or phrase. This Wiki-style feature can raise student motivation by giving them an opportunity to contribute to the learning of others in the class and be useful for their own future reference. In the future, we hope to make this available online to allow students in other fields with their own minicorpora to build ESP vocabulary learning environments in other fields.
6. Discussion The aim of this paper is threefold: to discuss the rationale for using a minicorpus to teach ESP vocabulary, to introduce the OCHA method to enable students to become aware of learning strategies for independent learning, and to develop an online electronic tool to aid ESP vocabulary acquisition. First, we discussed issues related to the teaching of semi-technical vocabulary, presented tools and techniques for analyzing such terms, and offered examples of how the analyses can aid the acquisition of vocabulary in ESP contexts. Here we used legal vocabulary from a corpus of US
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Constitutional Cases from the United States. This dedicated minicorpus (as opposed to large-scale general corpora) was used for the examination of word meanings, grammatical features, collocational patterns and frequently occurring specific discoursal features. This information is essential for resolving the problems of law dictionaries which the lack of examples of how legal words should be used in context and how words with general senses are used with legal senses in legal documents. We proposed using the OCHA approach to enable students to discover usages of the ESP vocabulary of their field. By having them observe the differences in the usage of words in general and specific contexts as well as to find collocations common to fieldspecific corpora, students can become aware of how to handle the vocabulary learning process. In actual classroom application, this strategy and the tasks presented above worked well, with university students quickly grasping the OCHA approach and strategic steps for completing the tasks. Knowledge of the legal and common glosses of word tokens contributed to student confidence in applying this approach outside the classroom. Finally, we introduce an electronic reference tool that can also serve as a repository of vocabulary knowledge, serving simultaneously as a teaching and reference tool. The teaching model and tools are used here to teach ESP vocabulary in the legal field but should be adaptable to other ESP fields. 7 Acknowledgements The authors would like to acknowledge that this research would not have been possible if not for a Grant-in-Aid for Scientific Research from the Japanese Ministry of Education, Culture, Sports, Science and Technology, from March 2004 to April 2006. We also would like to thank Mr. Shigeru Sasajima and Mr. Yasuhiro Ohzeki for their feedback and support. 5 References Author (1999) Xxxxxxx. Xxxxxx. pp.xx-xx. Author (2001a) Xxxxxxxx. Author (2001b) Xxxxxxxx. Noguchi, Judy 2003. Teaching ESP writing: OCHA in a CALL class. Cybermedia Forum (Osaka University Cybermedia Center), 4, Sept. 2003. Author (2004) Xxxxxx. Xxxxxxxx. pp. xx-xx.
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Bhatia, V. K. (1993). Analysing genre: Language use in professional settings. London and New York: Longman. Doughty, C. and Williams, J. (eds.) (1998). Focus on form in classroom second language acquisition. Cambridge: Cambridge University Press. Dudley-Evans, T. and St. John, M. (1998). Developments in English for specific purposes. Cambridge: Cambridge University Press. Fanning, P. (1977). “Review of Brasnett" (C. Brasnett (1969) English for engineers, Methuen). ESPMENA Bulletin 9. Hamashima-Shoten (1988). Sougou shiryou nihonshi, Nagoya: Hamashima-Shoten. Herbert, A.J. (1965). The structure of technical English. London: Longman. Hunston, S. (2002). Corpora in applied linguistics. Cambridge: Cambridge University Press. Katsuragi, S. (1998). Kogyou eigo tekisuto ni okeru goi chosa oyobi subtechnical vocabulary risuto sakusei no kokoromi [Survey of vocabulary in technical English texts and an attempt at preparing a subtechnical vocabulary list]. Current English Studies. Vol. 37, 147-158. Long, M. (2002). Current issues in task-based language teaching. Lecture at Kansai University Institute of Foreign Language Education and Research, June 9, 2002. Long, M. and Robinson, P. (1998). Focus on form: Theory, research, and practice. In C. Doughty and J. Williams (Eds.), Focus on form in classroom second language acquisition (pp. ???). Cambridge: Cambridge University Press. Noda, T. (1976). Introduction to Japanese Law. Tokyo: Tokyo University Press. Oda, H. (1992). Japanese Law. London: Butterworths. Orr, T. (ed.) (2002). Case studies in TESOL practice series: English for specific purposes. Alexandria, Virginia: TESOL, Inc. Reischauer, F. and Craig, A. (1978). Japan, Tradition & Transformation. Tokyo: Charles E. Tuttle. Robinson, P. C. (1980). ESP (English for Specific Purposes): The present position. Oxford: Pergamon Press. Swales, J. (ed.) (1985). Episodes in ESP. Oxford: Pergamon Institute of English. Swales, J. M. (1990). Genre analysis: English in academic and research settings. Cambridge: Cambridge University Press. Swales, J. (1998). Other floors, other voices: A textography of a small university building. Mahwah, NJ: Lawrence Erlbaum.
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http://www.mext.go.jp/english/topics/03072801.htm Regarding the Establishment of an Action Plan to Cultivate “Japanese with English Abilities” March 31, 2003. Ellis, Rod 2001. Introduction: Investigating form-focused instruction. In Ellis, Rod (ed) Form-focused instruction and second language learning. Malden: Blackwell Publishers. P. 1-46. Noguchi, Judy 2006. The science review article: An opportune genre in the construction of science. Bern: Peter Lang.