A Contrastive Study Of The Syntactical Characteristics Of Chinese & English Legislative Texts-A Cultural Interpretation

Though there has emerged many articles and monographs specializing in such aspects of the legal language as the basic characteristics of forensic linguistics, stylistic features and principles for legal translation, much space is still reserved to deepen the legal language study from the perspective of the Contrastive study of the syntax in Chinese and English legislative texts respectively. On the basis of a detailed analysis of the syntactic characteristics of English and Chinese legislative texts, the author tries to seek a cultural explanation of the formation of syntax in the respective English and Chinese legislative texts.In addition to the introductory and concluding parts, the thesis is to be further divided into four chapters.In Chapter 1, the author briefly analyzes the general features of legislative texts. Corresponding to the features of law (i.e. being normative, authoritative and abstract), accuracy, obscurity and dullness that characterize the legislative texts in both English and Chinese are analyzed.Chapter 2 lays emphasis on the syntactic characteristics of the respective English and Chinese legislative texts. Beginning with the definition of syntax and its objectives for further research, the author explores the syntactic differences between the English and the Chinese legislative texts from such perspectives as synthesis vs. analysis, hypotaxis vs. parataxis, word order, sequencing of the information focus of the sentence, subject prominence vs. topic prominence and prominence of the active voice vs. prominence of the passive voice. The Chinese language is generally analytic. Parataxis is the dominant means with which words and phrases are put together to make a clause or sentence. The Chinese sentences are characterized by the meaning-based pivot, topic prominence and the prominence of personality and the active voice. Covert coherence in a complex sentence is achieved by sequencing words in the chronologic order, the spatial order or the order of psychological priority. The sentence is generally open-opening and closed-ending with a post-positioned information focus. The English language is analytic-synthetic. Hypotaxis is the dominant means with which words and phrases are put together to make a clause or sentence. The English sentences are characterized by the SV concord pivot, subject prominence, and the prominence of impersonality and the passive voice. Overt cohesion in a complex sentence is achieved through sequencing words in the strict formal logical order. The sentence is generally closed-opening and open-ending with a front-positioned information focus.Chapter 3 discusses the special sentence patterns in the respective English and Chinese legislative texts. In the long history of legislative practice, draftsmen have gradually developed their unique way of expression that is abnormal for the ordinary expression of the same language. In the Chinese legislative texts, there is the "de(的)" structure, the "shi(是, copula)" structure, the "dui/duiyu (对/对于)" structure, the "dan/danshi (但/但是)" structure and the parallel structure. In the English legislative texts, there is the "otherwise" structure, the "where" structure, the "any person who... shall ..." structure, the "subject to" structure, the "provided that" structure, the "notwithstanding" structure, the "for the purpose of structure and the "with respect to" structure.Chapter 4 probes into the cultural sources of syntax in the respective English and Chinese legislative texts. Beginning with the definition of culture, the taxonomy and the analysis of the relationship between language and culture, the author introduces the differences between the English culture and the Chinese culture in such perspectives as the geography, ancient economic and political structures and ideology which are the fundamental factors that exert significant influence on syntax of a certain language. The advantageously vast but closed geographic environments of China nurtured the then advanced farming culture. The premature farming culture made the ancient Chinese people continue to depend heavily on the traditional consanguinity and kindred. The autocratic patriarchal clan system contributed to the awareness of the feudal emperors that the whole nation was founded on their personal household. As the result of this kind of economic and political system, the ideology of "integration", "human standard" and "peace" has long been in the dominant place in people's mind. As one of the most important aspects of language which is the reflection of social reality and culture, the syntax of the Chinese language is characterized by the generally analytic nature, parataxis prominence, topic prominence, personality, the active voice and fixed word order. The Great Britain is an isolated but "open" island. It maintained various political, economic and even consanguine relations with the European continent in history. The nomadic life and the manorial economy that were independent but cooperative in nature enabled the ancient British people to break away from the economic and political systems built on the consanguinity and kindred. The complicated political and social class background and the disintegration of the whole nation left room for the dominance of Christianity. The national ideology is characterized by "separation/ individualism", "God standard" and "rationality and antagonism". Under the influence of this culture, the syntax of the English language is characterized by the analytic-synthetic nature, hypotaxis prominence, topic prominence and the prominence of impersonality and the passive voice. A sentence is sequenced in the formal logical order.