Analyzing the legal genre of the sudanese judicial precedents published in the SLJR between (1956-1966)‎ and (1998-2008)‎

مقدم أطروحة جامعية

Muhammad, Yasir Muhammad Muhammad al-Hasan

مشرف أطروحة جامعية

Badri, Aminah Muhammad Abd al-Karim

الجامعة

جامعة أم درمان الإسلامية

الكلية

كلية الآداب

القسم الأكاديمي

قسم اللغة الانجليزية و آدابها

دولة الجامعة

السودان

الدرجة العلمية

دكتوراه

تاريخ الدرجة العلمية

2012

الملخص الإنجليزي

This study aims at analyzing the Sudanese criminal and civil judicial precedents so as to gain a better understanding of the communicative purposes of each subgenre and the variation in demands across the two subgenres using genre analysis.

It adopted the descriptive method to investigate the generic features, lexico-grammar and rhetorical features; as well as how problems are solved and decisions arrived at.

Two computer applications, WordPilot and Maxqda, were used to show the frequency of the use of individual lexico-grammatical items, the moves and the sub-moves of these judicial precedents.

The study used the mixed approach which includes both qualitative and quantitative analyses to investigate the corpus and it came out with the following results : 1.

The law practitioners who desire to attain a degree of professionalism in their work should know the intrinsic nature of the judicial precedents by examining their generic features, concepts, functions and approaches. 2.

The textual perspective of the typical generic moves and sub-moves clearly reveals that the judicial precedents across the two subgenres have some overlapping generic structures at a macro-level and at a micro-level.

3.

Most of the judicial precedents in the corpus seem to have the typical generic move structures.

These moves are common in all judicial precedents and appear to be very detailed and specific when giving facts. 4.

The Sudanese criminal and civil judicial precedents, in the two trends, rely on a qualitative analysis of legal reasoning and explicit recognition and articulation of a relevant principle of the law or some particular Act. 5.

The textual perspective of specific generic move structures reveals slight generic differences of judicial precedents.

Although the two subgenres seem a like, there are still evidences of slight variation across them at sub-move level. 6.

An investigation of the circumtextual components, lexico-grammatical features such as tenses, meta-discourse devices, nouns and verbs employed in the two subgenres also provide textual evidence of generic variations. 7.

Genre analysis helps practitioners develop cognitive skills and strategies for investigating judicial precedents in terms of purpose and conventions as well as their linguistic features. Finally, the study recommends the followings : 1.

Legal practitioners should not be limited to only the surface linguistic features of the judicial precedents but should also consider genre, rhetoric, social practices and culture. 2.

When a generic analysis is carried out, the researchers should not just do some superficial studies such as the lexical, structural features, but go further to probe into the underlying rationales for those features from a sociolinguistic perspective such as cultural angle. 3.

A contrastive analysis of two legal genres might also prove revealing, providing more data on the realization and function of the judicial precedents in legal genre.

التخصصات الرئيسية

القانون

الموضوعات

• السودان

عدد الصفحات

264

قائمة المحتويات

• APA
• MLA
• AMA

لغة النص

الإنجليزية

نوع البيانات

رسائل جامعية

رقم السجل

BIM-364034