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Proceedings of the Fifth International Conference on Law, Language and Discourse Proceedings of The Fifth International Conference on Law, Language and Discourse Sept. 27 – Oct. 1, 2015 Örebro University, Sweden The American Scholars Press Editors: Cheng Le, Laura Ervo, Jian Li, Lisa Hale and Jin Zhang Cover Designer: Xin Wang Published by The American Scholars Press, Inc. The Proceedings of The Fifth International Conference on Law, Language and Discourse is published by the American Scholars Press, Inc., Marietta, Georgia, USA. No part of this book may be reproduced in any form or by any electronic or mechanical means including information storage and retrieval systems, without permission in writing from the publisher. Copyright © 2015 by the American Scholars Press All rights reserved. ISBN: 978-0-9861817-6-4 Printed in the United States of America 2 Preface Internationally, there is a growing interest from the academia and legal professionals in the study of the interface between language and law. Locally, Language and Law is one of the core postgraduate programs, which can be traced back to the early 1990s at City University of Hong Kong. In recent years, exchanges and collaborations in language and law between the City University of Hong Kong and other universities, including Aston University, China University of Political Science and Law, Columbia Law School, Georgetown University, and Peking University, have been frequent and productive. With Hong Kong, as an international city, playing an important role of the meeting point of different cultures and with China being the convergence of various jurisdictions, a new association – the Multicultural Association of Law and Language (hereafter, as MALL) was founded in 2009 with the Secretariat located in Hong Kong. The MALL aims to provide a platform for scholars from different jurisdictions and cultures to exchange views on the interface between law and language, with a specific focus on the interdisciplinary and multicultural nature of law, language and discourse. Affiliated with the MALL, there are two international conferences: the International Conference on Law, Language and Discourse, and the International Conference on Law, Translation and Culture and one international journal, the International Journal of Law, Language & Discourse (www.ijlld.com), and the founding president is King Kui Sin (formerly of the City University of Hong Kong), who has served on the Bilingual Laws Advisory Committee of Hong Kong and has been appointed MBE (Member of the Most Excellent Order of the British Empire) by the British Government for his contribution to the translation of Hong Kong laws into Chinese. The Fifth International Conference on Law, Language and Discourse focuses on Communication and Fairness in Legal Settings, and includes the following subtopics: • Communication and interaction in a fair trial; • The significance of communication and interaction in the procedural paradigm; • Civil and Criminal proceedings; • Court rhetoric and fairness; • Communication and fairness in mediation – civil- and criminal matters; • Communication and fairness before trial; • Communication and fairness at means of compulsion; • Children and communication in legal settings; • Vulnerable groups and communication in a fair legal setting; • Gender and communication in a fair legal setting; • The cost and benefit of communication and fairness in legal settings; The Executive Committee now consists of: President, King Kui Sin, Hangseng Management College, Hong Kong; Secretary General and Vice President, Le Cheng, Zhejiang University, China, Professor Craig Hoffman, Georgetown University Law Center, USA; Professor Lijin Sha, China University of Political Science and Law, China; Professor Joseph G. Turi, International Academy of Linguistic Law, Canada; and Professor Anne Wagner, Université du Littoral Côte d’Opale, France. Professor Le Cheng Zhejiang University, Hangzhou, China 3 Conference Organization Conference Chairs Laura Ervo, Professor, Örebro University, Sweden Le Cheng, Professor, Zhejiang University, China Invited Speakers Ulrika Andersson, Docent, Lund University, Sweden Ragna Arli, Professor, University of Bergen, Norway Sol Azuelos-Atias, University of Haifa, Israel Le Cheng, Professor, Zhejiang University, China Wolfgang W. Kraft, Professor, Ph.D., The World Council for Law Firms and Justice, Germany Susan Petrilli, Professor, University of Bari, Italy Augusto Ponzio, Professor, University of Bari, Italy Frances Rock, Senior Lecturer, Cardiff University, UK Lijin Sha, Professor, China University of Political Science and Law, China King-Kui Sin, Professor, Hang Seng Management College, Hong Kong Joseph-G.Turi, Secretary General, The International Academy of Linguistic Law, Canada Anne Wagner, Associate Professor, Université du Littoral Côte d’Opale, France Scientific Committee Janet Ainsworth, Professor, University of Seattle, USA Eric Bylander, Docent in procedural law, Master in rhetoric, Uppsala University, Sweden Le Cheng, Professor, Zhejiang University, China Laura Ervo, Professor, Orebro University, Sweden Craig Hoffman, Professor, Georgetown University, USA Kerstin Nordlof, Professor, Örebro University, Sweden Susan Petrilli, Professor, University of Bari, Italy Lijin Sha, Professor, China University of Political Science and Law King-Kui Sin, Professor, Hang Seng Management College, Hong Kong Anne Wagner, Associate Professor, Université du Littoral Côte d’Opale, France The Proceedings Editorial Committee Le Cheng, Professor, Zhejiang University, China Lisa Hale, American Scholars Press, USA Jon Lindsay, American Scholars Press, USA Dr. Linda Sun, Kennesaw State University, USA Dr. Jin Zhang, Zhejiang University, China 4 Table of Contents Keynote Speech I Functions of Chinese Modal Verbs in the Civil Legislation of the People’s Republic of China: A Sociosemiotic Perspective Le Cheng, Xin Wang ...................................................................................................................................... 7 Keynote Speech II The Notion of Contemporary Asymmetry and Access to Justice of A Vulnerable Group: Focusing on Domestic Violence Victims in Japan Inoue Masako ............................................................................................................................................... 17 Keynote Speech III Reception of the Evidence of Vulnerable Witnesses in Legal Proceedings in Nigeria Philip Osarobo Odiase ................................................................................................................................ 18 Keynote Speech IV ‘Doing Sanctions with Words’: Legacy, Scope, Fairness and Future (?) of a Reprimand Tomas Berkmanas ........................................................................................................................................ 19 Keynote Speech V Communications of Autonomy and Vulnerability in Criminal Proceedings Ulrika Andersson ......................................................................................................................................... 20 The Systemic Functional Approach to the Legal Text Liu Yan ........................................................................................................................................................ 21 Analysis of Pragmatic Presupposition in Police Interrogation Zhu Bowen ................................................................................................................................................... 27 Standardization of Drug-Related Court Interpreting: From the Perspective of Adaptation Theory Hongye Guo ................................................................................................................................................. 33 China’s Legal News in the Rule-of-law Context: Distinctive Functions, Problems and Tactics Liu Yan ........................................................................................................................................................ 42 Metaphor in Lawyer’s Argumentative Courtroom Discourse Chen Jianmin ............................................................................................................................................... 51 New Researches into Noticing in Language Learning Xiuping Song, Hua Liu ................................................................................................................................. 57 An Adaptation-Based Analysis of the Rhetoric Used in Public Legal Slogans in Chinese Legal Culture Wang Min ..................................................................................................................................................... 63 A Progress in Disguise: How was the Concept “RIGHT” Smuggled into Imperial China in the Translation of Elements of International Law (1864) Zhuo Yang .................................................................................................................................................... 69 Task Characteristics Model: A New Approach to L2 Learning Motivation Lu Xu ........................................................................................................................................................ 74 Successful Expressions or Malicious Misleading: A Pragmatic Study on the Rhetorical Devices in Legal Texts Hao Ruili ...................................................................................................................................................... 80 5 The Process Approach to English Contract Writing in Mainland China Pan Lichun ..................................................................................................................................................
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