LANGUAGE IN INDIA

Strength for Today and Bright Hope for Tomorrow

Volume 12 : 10 October 2012
ISSN 1930-2940

Managing Editor: M. S. Thirumalai, Ph.D.
Editors: B. Mallikarjun, Ph.D.
         Sam Mohanlal, Ph.D.
         B. A. Sharada, Ph.D.
         A. R. Fatihi, Ph.D.
         Lakhan Gusain, Ph.D.
         Jennifer Marie Bayer, Ph.D.
         S. M. Ravichandran, Ph.D.
         G. Baskaran, Ph.D.
         L. Ramamoorthy, Ph.D.
Assistant Managing Editor: Swarna Thirumalai, M.A.

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Move Analysis and Stylistic Analysis of Plaint Letters of Finance Discovery for Genre-based Teaching of Legal English in Pakistan

Shagufta Jabeen, M.Phil., LL.B.

Abstract

This study aims to analyze the legal genre of Plaint Letters (a ‘statement of claim’) used in legal proceedings in Pakistan, and is divided into two sections. Bhatia’s analysis of Appeal Cases has been benchmarked for the first part of this study which submits some differences, based on comparison, between the moves structure of cases (Bhatia. 1983, 1993) and plaint letters (plaints). The comparison results into finding some new moves in the plaints for which the names have been suggested in the discussion and conclusion parts. The second part of the study is a stylistics analysis of the same plaint letters following the model of Crystal & Davy (1969). A brief literature review is given in introduction part to set the study in background. The findings of the study will be used in designing an ESP syllabus for the students of Law, and so, to promote and contribute to genre based teaching of Legal English to the students pursuing their Law degrees in Pakistan.

Keywords: ESP, Plaint letters, Legal English in Pakistan, Genre Analysis, Move Structure, and Genre-based teaching

1 Introduction

English is language of Law in Pakistan. Most of the important legal documents are drafted in English making it compulsory for the law practitioners to be competent both in the content, and use of English language. In Pakistan two modes of education are in practice to earn a degree of LLB: a three year LLB program which requires a Bachelor’s degree or 14 years of education as a pre-requisite; a four year program for which Intermediate or 12 years of education is a prerequisite. Medium of education in the first type is bilingual, English and Urdu while for the latter type the medium is English but this degree program is comparatively very recent addition to the education system in Pakistan. The students coming to law colleges have a diverse background of schooling, medium of education, exposure to English language and its use. After having studied Law for three or four years when these graduates start professional practice they face difficulty in drafting legal documents. Even after having studied general English as a compulsory subject for 12 to 14 years, they find themselves incompetent to draft legal documents. Mellinkoff rightly pointed out that it is puzzling not merely to the untutored non-lawyer, puzzlement extends to bar and bench. (1963).

This is only the beginning part of the article. PLEASE CLICK HERE TO READ THE ARTICLE IN PRINTER-FRIENDLY VERSION.

Shagufta Jabeen, M.Phil., LLB
Air University Multan Campus
Punjab
Pakistan
xaguftajabeen@yahoo.com
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