A Contrastive Genre Analysis for Abstracts of Legal Articles in English and Chinese Journals

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  【Abstract】The abstract plays a decisive role in academic writing and reading for many readers can get a clear sketch by just reading the abstract. However, few studies have been done on abstracts of legal articles currently, let alone a specified discussion in genre analysis between English one and Chinese. In view of this, this study aims to analyze the macro-structures of abstracts both in English and Chinese, and compare generic structures and linguistic features of abstracts between the two. Then the possible factors which caused these differences will be mentioned. Based on Bhatia’s IMRC mode, this study analyzes 20 pieces of legal articles from top legal academic journals at home and abroad and finds that no matter in English or Chinese, the macro-structure of this kind of abstracts all basically tally with Bhatia’ IMRC model. Due to different writing methods and the way of thinking as well as writing habits, there are some distinguished differences between English and Chinese legal article abstracts in the frequency and distribution of each move as well as the linguistic features.
  【Key words】English and Chinese legal article; abstracts; contrastive analysis; generic structure; linguistic features
  【作者簡介】李美奇(1990- ),女,四川南充人,四川省西华师范大学外国语学院,助教,硕士研究生,主要研究方向:专门用途英语。
  Introduction
  The communication between China and foreign countries in law has been daily on the increase with the expansion and deepening of open-up policy. Accordingly, academic article has become a very important way for scholars in law at home and abroad to discuss various kinds of hot issues, exchange information, improve the legal system and solve legal disputes. To some extent, in order to gain recognitions in international academic community, a task of top priority for legal research in domestic is to publish high-level academic papers in top international-level academic journals. Hence, to know the differences and grasp the writing regularities of legal article writing between English and Chinese is a pressing matter of the moment.
  Bhatia holds that the abstract of academic article has become a recognizable genre. No matter which discipline is, the abstract of academic article commonly has the communicative purpose of definition integrity and mutual understanding. Thus, he points out that the abstract of an article should contain four moves, namely introduction, methodology, results and conclusion, which is the famous IMRC model. This model is established on the basis of Swales’s CARS model which is used in analyzing the introduction of research articles. But now, the IMRC model has been widely used in abstracts genre analysis.   Based on Bhatia’s IMRC mode, this study aims to get an overall understanding of legal article abstracts both in English and Chinese. To be concrete, this study is to answer the following three questions: 1. What is the macro-structure of legal article abstracts in both English and Chinese; 2. What are the differences between English and Chinese legal article abstracts in genre analysis and linguistic features? 3. What are the possible factors caused these differences in English and Chinese legal article abstracts?
  1. The Macro-structures of Legal Article Abstracts in English and Chinese Journals
  The research objects of this study are 20 pieces of legal articles from top legal academic journals at home and abroad. According to Bhatia’s IMRC mode, annotating manually the moves in these twenty legal articles, and then abstracting the moves by Software AntConc, we generalize the features of frequency and distribution of each move and step, and summarize the differences of abstracts between English and Chinese legal articles and explore the in-depth reasons.
  1.1 The macro-structure of English Abstracts
  After analyzing these 10 pieces of legal article abstracts, we find the macro-structure of this kind of abstract basically tally with Bhatia’ IMRC model. In detail, introduction and results are two moves which are indispensable in English legal article abstracts. Move 2 methodology and Move 4 conclusion may sometimes appear in some abstracts according to the different needs of articles. Example 1 is a typical English abstract taken directly from Tracking Inconsistent Judicial Behavior in International Review of Law and Economics.
  Example 1:
  【Abstract】
  (1)This paper explores the phenomenon of inconsistent judicial decisions.
  (2)We analyze inconsistency in 174 legal decisions from the California Court of Appeal that determine whether or not an arbitration provision in a contract is enforceable as written. We map the facts of cases and introduce a new methodology for measuring inconsistency, directly comparing each case with every precedent.
  (3)Our results indicate that cases are inconsistent with about one-quarter of relevant precedents. Inconsistency is highly correlated with conflicting political ideology of the judges on the benches that hear the two cases. Inconsistency also correlates with the publication of cases and the non-publication of precedents.
  Judging by the words of “this paper explores”, we can infer that the writer intends to tell us what this article is going to study. By knowing goals or objects of the research, we name the first sentence as Move 1: introducing purpose. And in the second paragraph, the author gives a good indication of the experimental design, including information on the data, procedures or method(s) used. Thus, this paragraph can be named as Move 2: describing methodologies. From the words “our results indicate”, the author mentions his observations and findings and also suggests solutions to the problem. So this paragraph belongs to Move 3: summarizing results. However, this example of abstract lacks Move 4: conclusion which is a common phenomenon in English legal article abstracts.   1.2 The macro-structure of Chinese abstracts
  According to Bhatia’s IMRC model, the macro-structure of Chinese legal article abstracts commonly contains three moves, introduction, results and conclusion. Few Chinese writers may refer the methodologies them used in abstracts. Example 2 is a typical Chinese abstract taken directly from “法治及其社會资源——兼评苏力‘本土资源’说” in 《现代法学》.
  Example 2:
  摘要:
  (1)鉴于中国法治建设和法律实施中存在的问题, 有必要重新检视苏力的“本土资源”说。
  (2)中国法治建设之所以不很成功, 以及现代法律制度之所以在中国社会“水土不服”, 最重要的原因, 不是“本土资源”被重视不够, 而是“社会资源”(即社会成员之间的相互信任)供给不足。
  (3)归根到底, 是由于中国社会目前面临严重的信任危机。
  In the first sentence, from the words like “鉴于”, we can infer this is the reason why writer wants to do this study, and from the words “有必要”, we also can know this is the purpose of this study. Thus, this sentence belongs to Move 1: introducing purpose. The second sentence obviously belongs to Move 3: summarizing results, because writer here directly points out the research results. Then, the last sentence belongs to Move 4: presenting conclusions. Because this is a typical concluding sentence to summarize writer findings.
  2. Comparison between English and Chinese Legal Articles Abstracts
  2.1 Comparison of generic structure
  Table 1 the number and percentage of moves in each kind of articles
  Move English articles (10) Chinese articles(10)
  Number Percentage Number Percentage
  Introduction 8 80% 6 60%
  Methodology 6 60% 2 20%
  Results 10 100% 8 80%
  Conclusion 6 60% 10 100%
  Table 2 the percentage of each move in each corpora
  Move English articles Chinese articles
  1. Introduction 26.7% 30.8%
  2. Methodology 20% 7.7%
  3. Results 33.3% 30.8%
  4. Conclusion 20% 38.4%
  From the table 1, we can easily find that no matter for English or Chinese legal articles abstracts, introduction and results are two necessary moves which may not be omitted by writers. However, English and Chinese writers also have their own focuses on abstracts writing respectively. From the table 2, we can see directly the following three significant differences. Firstly, for English legal article abstracts, English writers pay more attentions to Move 3 which has a larger percentage than other three moves. That is to say, almost every abstract contains Move 3. While for Chinese legal article abstracts, writers take Move 4 more seriously of which the percentage is 100%. What’s more, English writers are more likely to mention their research methodologies in abstracts, while Chinese writers seldom do this. Only 20% Chinese legal article abstracts contain Move 2 while 60% English legal article abstract contain this move. The last but not least, in English legal article abstracts, Move 1 and Move 3 are two important parts which have to appear in abstracts. In contrast, in many Chinese legal article abstracts, Move 3 and Move 4 are two essential parts which must be introduced writers in detail.   Table 3 the amount of moves in each corpus
  Amount of moves English articles (10) Chinese articles (10)
  Number Percentage Number Percentage
  1 0 0%
  2 7 70%
  3 3 30%
  4 0 0% 0 0%
  2 20%
  5 50%
  3 30%
  The above table demonstrates how many moves are used in each corpus. From the data showing in the table, we learn that no matter in English legal article abstracts or in Chinese ones, there are no possibilities for any writers to use only one move to complete the abstract. Obviously, a majority of English writers are more likely to use two moves in abstracts, which are Move 1—introduction and Move 3—results as we discussed before, while only 20% of Chinese abstracts are written like this. However, only 30% of English abstracts are written with three moves, namely Move 1—introduction, Move 3—results and Move 4—conclusion, while 50% of the Chinese abstracts are written with the three same moves, which is the writing strategy frequently used by Chinese writers. Another marked difference between English and Chinese legal article abstracts is that only a small range of Chinese writers may fully use four moves in writing abstracts, but this phenomenon may never happens in English abstracts.
  2.2 Comparison of Linguistic Features
  2.2.1 Tense
  In the aspect of tense, there are some traditional rules of research articles. For example, perfect tense is often used to state the research results which have already had; past tense is often used to describe the researches which have been finished by writer; and present tense is usually used to describe some common senses or truths.
  After analyzing the corpus, we may easily find that present tense is used in the entire abstracts of all the English and Chinese legal articles without exceptions. It demonstrates that using present tense in abstracts writing has become a growing trend in both English and Chinese legal article. Thus, the tense in article is not used as a way to explain the happening time of events any more. The scholars prefer to write abstracts in present tense, which not only can indicate that present tense is the most frequent used tense in legal articles, but also can show the writers’ expectation to struck a responsive chord in the hearts of readers.
  2.2.2 Voice
  Some domestic scholars hold that the passive voice which omits the agents, can also reflects the objectivity of the relationships among variables in research articles. Thus, the objectivity of article can be shown directly. However, the following study demonstrates that overseas scholars are evidently different, who prefer active voice than passive voice when they write abstracts.   Table 4 the voice in English Abstracts
  Voice Move 1 Move 2 Move 3 Move 4
  Active 8 5 10 5
  Passive 0 1 0 1
  Table 5 the voice in Chinese Abstracts
  Voice Move 1 Move 2 Move 3 Move 4
  Active
  Passive 5
  1 1
  1 3
  5 4
  6
  From the above tables, we can see a distinct difference between English and Chinese abstracts that is the passive voice used more frequently in the latter. In English abstracts, writers are more likely to use active voice, because active voice can make the article more dynamic and attractive. But there is no absolute good or bad between passive voice and active voice. The choice of voice in abstracts should be decided on the basis of the need of abstracts’ communicative purposes. In addition, when using active voice in the English abstracts, the subjects often are objects rather than people, such as this paper, the results and so on. Let’s see the following examples.
  This paper investigates/ conducts/ examines…
  The findings suggest…
  The results find…
  3. Possible Factors Caused Those Differences
  From the above discussion, we can see that English legal article abstracts evidently differ from Chinese ones in generic structure and linguistic features. As for the reasons, we can generalize from the following two aspects:
  On the one hand, the writing methods are different. Foreign scholars tend to make readers know the article as soon as possible, so they may elaborate their point of views and present the reasoning process to make the article more explicit in content and clearer in structure. In contrast, in order to give more reflection space to readers and stimulate their interest to the article, many scholars in domestic may give more general opinions in abstracts and guide readers to summarize and clarify the basic structure.
  On the other hand, the way of thinking and the writing habits are different. Foreign scholars tend to pay much more attentions to making the article more logical and coherent with a more straightforward and clearer writing style. However, scholars in domestic tend to leave more reflection space to readers and focus on promoting their own articles in a specious manner and a crooked way.
  4. Conclusion
  From the above analysis, we can draw the conclusions as follows. First of all, no matter in English or Chinese, the macro-structure of this kind of abstracts all basically tally with Bhatia’ IMRC model. However, the significant difference is that introduction and results are two moves which are indispensable in English legal article abstracts, and methodology and conclusion may sometimes disappear, while the macro-structure of Chinese legal article abstracts commonly contains three moves, introduction, results and conclusion. Few Chinese writers may refer the methodologies them used in abstracts.   Besides, comparing the abstracts in English and Chinese, we find that in legal articles, foreign scholars pay much more attentions to Move 1—introduction and 3--results while domestic scholars focus more on Move 3—results and 4--conclusion. In addition, a majority of foreign scholars are likely to use only two moves in abstracts writing while Chinese scholars are accustomed to use three moves in abstracts writing. What’ more, the comparison of linguistic features including tense and voice between the two indicates that present tense is used in the entire abstracts of all the English and Chinese legal articles without exceptions. And foreign scholars prefer active voice than passive voice in abstracts writing, Chinese scholars are just opposite.
  Last but not least, the possible factors which cause these differences between abstracts in English and Chinese legal articles are attributed to the different writing methods on one hand. On the other hand, the different way of thinking and writing habits are found closely associated with the problem.
  To sum up, the quality of abstract has direct effects on publication. In order to publish high-level academic articles in the authoritative law journals abroad, domestic legal researchers should enhance the awareness of the English abstracts writing and be familiar with the writing rules and regulations.
  References:
  [1]蔣婷,徐娟.英文法律类论文中引言的体裁研究—以英汉对比为视角[J].社会科学研究,2013,(3):203-208.
  [2]Bhatia,Vijak K.Analysing Genre:Language Use in Professional Settings[M].London:Longman Group UK Limited,1993.
  [3]Swales J.M.Genre analysis:English in academic and research settings[M].Cambridge,UK.Cambridge University Press,1990.
  [4]Burrough-Boenisch,Joy.Examining Present Tense Conventions in Scientific Writing in the Light of Reader Reactions to Three Dutch-Authored Discussions.English for Specific Purposes[J],2003,(22):5-24.
  [5]滕真如,谭万成.英文摘要的时态、语态问题[J].中国科技翻译,2004,(1):6.
  [6]何宇茵,曹慧娟.金融学实证论文摘要的体裁分析[J].外语教育,2009,(00):98-103.
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