CHAPTER 2

LITERATURE REVIEW AND THEORETICAL FRAMEWORK

2.0 Introduction

This chapter reviews related literature, theories and concepts relevant to this work. This

chapter further examines deeply; the concept of language, syntax, legal discourse, subordination

and also reviews the theory adopted for the analysis of this research, the Systemic Functional

Grammar (SFG).

2.1 Concept of Language

Language like any other concept has varies definitions. This is due to the fact that people

tend to view things from different perspectives. However, most definitions of language seem to

have some similarities. This can be seen in some of its definitions that have been made by

various scholars; According to Henry (1916), language is the expression of ideas by means of

speech-sounds combined into words. Words are combined into sentences, this combination

answering to that of ideas into thoughts. According to Bloch and Trager (1942), language is a

system of arbitrary vocal symbols by means of which a social group cooperates. According to

Francis (1984), language is an arbitrary system of articulated sounds made use of by a group of

humans as a means of carrying on the affairs of their society. According to Caplan (1995),

language is one of the pillars of the human intellect. It is the principal means whereby

individuals formulate thoughts and convey them to others. It plays a role in analyzing the world,

in reasoning, solving problems, and planning actions.

According to Agha (2006), language is a method of human communication, either spoken

or written, consisting of the use of words in a structured and conventional way. It is also a non-

verbal method of expression or communication. Odebunmi (2016) views language as a

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distinctively human endowment that has empowered the human race with expressivity. To him,

language enables members of the race to vent their thoughts and get engaged in interactive

associations. It therefore provides the fundamental orientation for the existence of society, the

generation of society’s structures and the sustenance of cross-societal ties. According to Smith Jr

(1969), language is a learned, shared, and arbitrary system of vocal symbols through which

human beings in the same speech community or sub-culture interact and hence communicate in

terms of their common cultural experience and expectations.

According to Odebunmi (2016), the afore definition implies that Smith tends to assert that:

(i) The existence of language is hinged on the existence of a group of users who have mutual

access to it.

(ii) Language consists of codes which groups of users with shared access use in intra-group

communication.

(iii) Language is spoken in society, where its resources are activated to express shared cultural

experiences and expectations of its users

However, Smith’s definition is reaffirmed by Okata (2006) who posits that language is a

vehicle that transports thought, feelings, emotions or ideas from one entity to another for the

purpose of communication. This can be in form of oral, written, sign or body language and must

be acceptable by members of a speech community. All the above definitions tell us that language

is a system of signs that we use in communicating with ourselves and with one another. The

signs are speech-sounds, as illustrated by the first definition. However, language also has written

signs which are the alphabets that we use in writing.

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2.2 Concept of Syntax

Chomsky (1995) laid out that syntax is the central aspect of language. The phonological and

semantic aspects of language are derivative of and secondary to syntactic structure and he

proposed a fundamental distinction between linguistic competence and linguistic performance.

Chomsky (1995) has claimed that syntactic system in all languages is the same and that all

differences among languages are attributable to differences in the properties of lexical items in

different languages. According to Fromkin et al (2003), Syntax is the part of the grammar that

represents a speaker’s knowledge of sentences and their structures. According to them, every

sentence is a sequence of words, but not every sequence of words is a sentence because syntactic

structures make language speaking well-formed or grammatical whereas violating them causes

ill-formed and ungrammatical speaking.

Oxford dictionary defines syntax as the arrangement of words and phrases to create well-

formed sentences in a language. Branigan et al (2006) said that all language users ensure that

their utterance accords with the rules of their language’s grammar. They explained further that

speakers apply the rules of a language when speaking in order to reach the accurate syntactic

structure. For an A1 level speaker, the expected procedure is to combine a subject, main verb,

and one or several objects.

2.3 Definition of Legal Discourse

Legal discourse as an umbrella term could be used to address the whole spectrum studying

legal phenomena, not only written, such as legislation, but also spoken, such as courtroom

interaction, as well as non-verbal, such as physical evidence and the physical setup of courtroom.

The term legal discourse brings two terms to mind : language and discourse. Several scholars

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have insightful ideas of language and discourse but few discuss their differences. To Wang

(2008), human language is an actual product in existence created and recorded by our

forefathers. He further said that whatever the meaning it carries is the meaning from the society

in which the language is recorded. Therefore, the meaning that language carries is the meaning

of the language “in vacuum” and is the “core common meaning”. In law, communication is

essential because it bridges the barriers between client and lawyer, lawyer and lawyer, and judge

and lawyer. Thus, in legal discourse, certain terminologies are often used. These terms and

phrases are branded as pertinent and exclusive to the meaning given to them by the legal world.

Although it takes the form of linguistics, legal discourse does not confine itself to linguistic

methods. Its principal basis is the theory of law, because it is meant to aid legal players in their

day-to-day communication relating to law.

2.3.1 History of Legal Discourse

Many centuries have passed but the role of legal document is the same. Though there were

many changes during the time but these changes refer only to linguistic transformations, both

structural and grammar. Legal discourse is indeed the product of its history. It is a story of

Anglo-Saxon soldiers, Latin- speaking missionaries, Scandinavian raiders, and Norman invaders,

all of whom left their mark not only on England, but on the language of its law. So, we can

observe the legal language which underwent certain changes during the following periods:

Anglo-Saxon period, Norman period and Modern period. According to Hiltunen (1990), law

latin is defined as the kind of low latin, containing Latinized English and Old French words,

used in English law. The way in which legal documents were created centuries ago are still used

today because of habit and tradition and for the need of exactness. Though, sometimes, there is

tendency to use simpler language and be understandable for everyone.

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 During the past three decades, many linguists and social scientists have turned their

attention to legal language. The term “legal” refers to anything connected with law, lawyers and

court. The question “What is the legal language?” has interested many researchers. The problem

is whether it is a dialect, register or sublanguage. The term dialect is often used to characterize a

way of speaking that differs from the standard variety of the language. According to the linguists

of the Prague School, styles of language are formed and derived from the specific purpose of the

utterance and represent the style function. Language possesses a number of structures which are

used for the realization of this or that communicative function. Thus, the concept of

“professional” or “special” language arises (Vachek 1967). In her article, Analysis of inserted

clauses in the legal discourse from the pragmatic perspective, Apresyan (2017) comes to the

conclusion that legal language is also a “professional” language.

2.3.2 Types of Legal Discourse

Legal discourse refers to the acts of communication used in the practice of law. There are

two basic types of legal discourse; the written and the oral. The written and oral varieties of legal

discourse are just forms of communication depending on the situation in which the

communication is carried out. Functional styles are varieties of written language used to reach

the desired purpose of the communication. According to Arnold (2009), functional style is a

subsystem of language which possesses specific lexical, syntactical, sometimes phonetic features

characteristic of a particular sphere of communication. Each functional style is not a stable

system; they change during the historical development of a language. English literary system has

evolved a number of styles easily distinguishable from each other. They are; formal styles (non-

casual), neutral style, non-formal styles (casual). It is interesting that while studying the style of

the language of law we can’t say exactly to which style it belongs. Written legal English we may

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observe as a sub-style or variety of formal style. But when we analyze the spoken legal English,

we may say that it belongs to publicistic style and the oratorical sub-style.

2.3.2.1 Oratory Legal Discourse

The Oral type of legal discourse refers principally to the language used in the speech or

utterances of a lawyer as he or she participates in courtroom advocacy. Courtroom advocacy

refers to the arguments, motions, and objections that a lawyer may raise in the course of his or

her defense or prosecution. The oral type of legal discourse is temporary in nature. Once uttered,

it may be lost if steps are not taken to write or type it down. There is a specific legal language

outlined and mandated to enable a swift and uniform comprehension of what a lawyer intends to

communicate. The main aim of spoken legal English is to form the audience, to make influence

on the listener, convince them; change the public opinion with logical argumentation and here, a

great part is given to the human voice. All the prosodic features contribute to make a good

impact. Spoken legal English has some elements of individuality because each person has its

own style.

Spoken legal language has its distinctive features; vocabulary which is relevant, especially

to it, but the leading role belongs to phonetic features and to prosodic features in particular. It is

reduced to monologues, addressed by one person to many and generally prepared in advance.

The general aim of it is to exert influence on public opinion, to convince the listener and to make

him accept the point of view expressed in the speech by logical argumentation. Here the most

powerful instrument of persuasion is brought into play: the human voice.

2.3.2.2 Written Legal Discourse

Written communication refers to communication that is more permanent and more useful for

reference, as these are words put down on paper and will not disappear upon delivery. The

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written kind of legal discourse gives rise to legislations couched in legal language. The meaning

of terms used in drafting laws may either be in its ordinary sense or its technical one. The

phrasing, the organization, and the overall form of the drafted laws have legislative intent that

brings forth legal analysis. Written communication in law involves significant variations of

grammar and word usage, which are manifestations of the intent of the framers to have a word or

phrase understood in one way for a specific field of law, yet comprehended in another way for a

different legal area. Understanding these nuances is typically very important in obtaining an

accurate interpretation of the texts.

However, the two types of legal discourse are interdependent and are often used simultaneously.

One follows logically after the other, but both highlight the purpose of preventing ambiguity and

vagueness in the practice of law.

2.3.3 Peculiarities of Legal Discourse

According to the linguists of the Prague school, styles of language are formed and derived

from the specific purpose of the utterance and represent the style function. Language possesses a

number of structures which are used for the realization of this or that communicative function.

Thus, the concept of “professional” or “special” language arises. In Apresyan (2017)’s article,

Analysis of inserted clauses in the legal discourse from the pragmatic perspective, she came to

the conclusion that legal language is also a professional language. The language of law has a

specific character, for example, McCarty (1989) writes: There are many common sense

categories underlying the representation of a legal problem domain: space, time, mass, action,

permission, application, causation, purpose, intention, knowledge, belief, and so. The idea is to

select a small set of these common sense categories, the ones that are more appropriate for a

particular legal application, and then develop a knowledge representation language that

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faithfully mirrors the structure of this set. The language should be formal: it should have a

compositional syntax, a precise semantics and a well- defined inference mechanism.

So, in spite of the many controversial ideas about the place of legal language, one thing is

clear that the language that is used in courts, by lawyers and in legal documents is quite different

from the language that we use in other place/situation. One of the things that make legal English

hardest to understand is that legal syntax operates somewhat differently from ‘ordinary’ syntax.

Syntax is the study of the principles by which words are put together. The evidence suggests that

legal English is characterized by a few highly distinctive syntactic features. Some of them

identified as impeding comprehension are passive constructions, nominalization, negations,

strings of words, phrases, or clauses, and lengthly sentences with unusual subordinate clause

embeddings. Hence, it is worth studying and its linguistic and stylistic peculiarities would be

revealed.

Probably the first thing that we can analyze on legal texts is the graphological level; it is

the first thing that catches the eyes of the reader. The text is well organized from the start to the

end, the most apparent is paragraphing. The text is divided into paragraphs, sections, units,

subunits, etc. Paragraphing is used for underlining the new information that is presented in the

document. To mark these divisions, different means are used: capitalization of the initial letters,

usage of the bold font for titles, headlines or sometimes for whole sentences. Furthermore, the

names of participants are also made bold or capitalized to stress their importance. Special

attention is to be paid to capital letters. Reading a legal document, one of course will notice that

capital letters are used in the names of participant, in their titles, in the names of documents, in

naming the main sections.

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 Furthermore, some sections may be written in small letters. This also has a special

purpose; it means that this or that section is lower in its importance than the other sections.

Another thing that one can see in legal documents is that sums of money are represented in two

ways: they are put in words and also in numbers. Punctuation is one of the important elements as

well. Old legal texts lacked punctuation marks and it represented complexity for the readers

because sometimes, a paragraph consisted of a long complex sentence with the absence of

punctuation marks and it created ambiguity for readers. Nowadays legal texts are more

simplified, organized and properly punctuated. So, commas, semicolons, full stops are used to

mark the beginning and the end of a sentence, clause, phrase. Commas and semicolons are used

when there are enumerations. And when additional information is used in the text, we employ

dashes and commas.

Lexical aspect contributes to the distinct character of legal texts and documents and makes

them unique. If we have a look at legal texts, we can easily see that the vocabulary of legal texts

is formal and standard (commencement, cease, substantial, acquainted with, constitute),

complying with the norms of the style to the highest degree. Literary language is the only

language used within the context, no colloquial expressions are used. Besides the formal literary

language, there are also other aspects that contribute to the whole picture of legal language.

2.3.3.1 Archaic Expressions

Legal language is peculiarized with the abundant use of uncommon words and expression .

Almost in all the pieces of legal documents we can see a few occurrences of items such as

hereafter and heretofore, herein, hereto and hereby, thereof, hereinafter, thereto and whatsoever.

Though, these items are not present in all legal documents, it depends on the writer. These

archaisms are applied for an exact reference to the document or its parts, and to the contracting

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parties. Some people think that the use of archaic expressions is just a habit or tradition, they

think that these expressions do not contribute to the meaning properly and sometimes can make

difficulties for ordinary people. So more often, these archaisms are replaced by relevant phrases

or simply let out so that the text can be fully comprehensible.

2.3.3.2 Technical Words

Legal discourse is also peculiarized with the use of technical words. Every style has its

characteristic vocabulary connected to the area in which it is used. Legal discourse is not an

exception. There are many borrowings from Latin and French which have become technical

terms in the field of law. We can find examples like; bequest and bequeath forgive, executed the

instrument meaning signed, pecuniary devises meaning money, disbursements for expenses.

Furthermore, legal English is also specific in the use of collocations, bi-, tri- or multinomial

pairs, and phrases constituted by more than two items. They are also considered very formal and

are labeled technical terms. The instances are as follows ; under contract and prior to expiration;

residence and domicile; continue in full force; to confer and impose additional powers and

duties; grant the authority to; attached hereto and incorporated herein by reference; upon any

termination of; released without charge and on bail. Thirdly, it is not difficult to find vocabulary

that belongs to other spheres of life, such as science, trade, economy, finance, medicine and

others.

2.3.3.3 Enumeration

Enumeration is richly displayed in legal documents. Again, this is applied for the sake of

precision and avoidance of ambiguity, sometimes for the sake of reference to tradition. Again,

some instances in the texts; all files, records, documents, drawings, specifications, equipment,

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and similar items; debts, expenses, taxes, administration costs and individual devises and

bequests; claims, costs, losses, fees, interests, or damages.

2.3.3.4 Abstract Nouns

The presence of abstract nouns is also remarkable. Such as authority, rights, provision,

conditions, procedure, duties, resolution, compensation, regulations, expiration, termination, etc.

Sometimes the same notion may appear in other words. For instance, the clause “confer power

on somebody” appears in the texts as authorize somebody, accredit somebody, or grant

somebody the authority to grant accreditation or even to nominate.

2.3.3.5 Adjectives

One can hardly find adjectives in legal documents. If there are any adjectives, these

adjectives relate to the topic of the document which it deals with or they constitute an element of

a fixed phrase or collocation, some of which make technical terms. For example, general,

elective, real, personal, additional, minor, major, consequential etc. Adjectives that have

evaluative character are not present because their meaning is very often ambiguous and

imprecise, and it wouldn’t be appropriate to use them in legal texts. Legal texts must be punctual

and there shouldn’t be ambiguity, variability of meaning, or misinterpretation. Nevertheless,

there are documents with examples of evaluative adjectives.

2.3.3.6 Complex Sentences

At first sight, the most striking and evident thing are complex sentences. This is due to the

insertion of many subordinate clauses, embedded words and phrases and many modifications. It

is also important to note that the complexity of sentences is only peculiar to written legal

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discourse. Though, this does not mean that simple sentences are exception. They are used usually

at the beginning or at the end of the discourse.

2.3.3.7 Pitch

High Falls and Fall Rises are especially characteristic of spoken legal discourse. There are

two varieties of High Fall; High Wide Fall and High Narrow Fall (Карневская 1990). The first

one is used in direct address and short comments expressing agreement. If we can see most of the

speeches start with this variety of High Fall, as every speaker first addresses his audience.

2.3.3.8 Loudness

It is enormously increased, ranging from forte to fortissimo. Sometimes instances of

diminished loudness are observed to bring out words and phrases of paramount importance and

produce certain psychological effect.

2.3.3.9 Tempo (Rate)

Speeches made at court are moderately slow. The speaker (lawyer, judge, witness) slows

down to bring the attention of the audience to the most important parts of his speech. Less

important information entails the acceleration of speed.

2.3.3.10 Pause

Three types of pauses are possible while making public speeches. The first type of pause,

syntactic pause, separates phrases, intonation groups and it doesn’t have any stylistic function.

But emphatic and hesitation pauses are widely used in spoken legal discourse. The first type of

pause is used to bring out communicatively important parts of utterances. Hesitation pauses are

usually used in spontaneous speech to gain some time, to get prepared. They may be silent or

filled.

2.3.3.11 Rhythm

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 Properly organized rhythm is also a characteristic of the court language. Within the speech

segments rhythmic groups have recurrent alternation. Speech rhythm is the regular alternation of

acceleration and slowing down, of relaxation and intensification, of length and brevity, of similar

and dissimilar elements within a speech event. It is the prosodic features that the identification of

oral speech varieties is primarily based upon, so while analyzing spoken legal discourse, much

attention must be paid to prosodic features.

2.3.4 Review Framework on legal discourse

Zhang (2021) in his work, An Analysis of the Textual Features of Legal Discourse From

the Perspective of Thematic Progression: Based on Criminal Procedure Law of the People’s

Republic of China, analyzed the textual features of Criminal Procedure Law of the People’s

Republic of China from the perspective of Thematic Progression. From the data analysis, it was

discovered that, the mode of “TP with a Constant Theme” occupies a large proportion, followed

by the mode of “Simple Linear TP” and “TP with Derived T’S”. The use of “TP with a Constant

Theme” can make the legislative discourse full of strong legal logic, clarity, consistency and

mandatory. Through TP with a Constant Theme, the whole discourse has a continuous flow of

information and the clauses are connected closely and tightly. The structure of “Simple Linear

TP” has highlighted the information focus of the rheme in each clause. It also reflects the

“People-oriented” spirit in the Law. The mode of “TP with Derived T’S” is a type of hierarchical

progression that the themes of the latter clauses are derived from the themes or rhemes of the

former clauses.

The application of this mode to the legislative text for the further constant explanation for

certain problem reflects the accuracy and inclusiveness of the legal language. And the choice of

thematic structure makes the law enforcement officers have clear defined principles to adopt and

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obey. It also reflects the elites, formality, compulsion and rigidness of the Law. However, there

are mainly three aspects of the limitations lying in this research. Firstly, the author tried to make

a comprehensive analysis, but the research and analysis have not been carried out profoundly and

thoroughly owing to the author’s limited specialized knowledge about the law. Secondly, the

linguistic devices used in the present research are only the author’s observation. The study is

restricted to Criminal Procedure Law of the People’s Republic of China, the only data of the

analysis. There are more necessary analysis data requiring being studied for a more

comprehensive study of the legislative discourses such as Criminal Law of the People’s Republic

of China, Constitution of the People’s Republic of China and Treaty, which are expected to be

taken into account to explore more linguistic characteristics for a deeper understanding of the

authoritativeness of law. So, the present study is not so detailed and comprehensive. Thirdly, the

author did not go further to integrate all the discrete findings of the analysis to have a thorough

discussion of the complex level, the culture background and the genre, even the most abstract

level, that is, legal ideology.

Also, Chiu (2018) in his work, A Study on the Syntax of Legal English, discussed the

characteristics of legal syntax and shedded some light on why the legal profession remains so

linguistically isolated even till today. Chiu in his work explained further that legal discourse is

difficult not only because of the substance of the law itself, but also its characteristics of the

language, such as lexical specialization, syntactic complexity, inherent mannerisms, unusual

semantic principles, and discourse features not used in ordinary English. At the level of syntax, it

appears that legal English follows many rules different from those of everyday language, which

creates a likelihood of miscommunication with non-legal professionals. Also, in the course of his

analysis, he discovered that the legal syntactic constructions do vary from the normal and may

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cause significant misunderstandings of the legal text on one hand and actually serve legitimate

functions on the other hand.

However, after going through Chiu’s work, it is observed that legal language tends to use

a lot of nominalization even when there is no need to de-emphasize or obscure the actor. The law

is primarily about what people cannot do, and is logically phrased mainly in the negative. It is

easier for judges to tell people what they cannot do, rather than what they can. Negative

sentences are more difficult to understand than positive ones, and that difficulty increases with

the number of negatives. The use of strings of related words, phrases, or clauses, connected by

“and” or “or” is more likely a result of the attempt to package all the circumstances on a

particular topic into one self-contained unit. The tendency of placing all information into one

sentence somewhat reduces the ambiguity that might result if conditions on a rule or provision

are placed in separate sentences.

However, the consequence is not just very long sentences, but complex ones with many

conjoined and embedded clauses. The use of strings of words, phrases, or clauses makes legal

language lack clarity. The syntactic complexity of unusual subordinate clause embeddings also

renders legal texts incomprehensible to all except the specialist readers. His analysis therefore

shedded light on why the legal profession remains so linguistically isolated even till today. From

the foregoing, it is obvious and glaring that as at today, 13/7/2023, there is no work on

comparative exploration of syntactic patterns in selected types of legal discourse in Nigeria and

this is the gap that this study intends to fill in.

2.4 Concept of Subordination

According to Lehmann (1988), subordination is an asymmetric relation, both in linguistics

and in everyday life and by that token intimately correlated with the notion of hierarchical

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structure. If A is subordinate to B then B cannot be subordinate to A but B may be subordinate to

a third entity C and so on. Subordination joins two sentences with related ideas by merging them

into a main clause (a complete sentence) and a dependent clause (a construction that relies on the

main clause to complete its meaning). Subordination is one of the essential elements in

constructing sentences in language. It is a way of combining clauses so as to make one part of it

more important than the other(s). In Linguistics, subordination is a complex syntactic

construction in which one or more clauses are dependent on the main clause.

“The device of subordination enables us to organize multiple clause structures.”

( Greenbaum & Quirk [1973:309). In effect, their idea of subordination is that you can create a

number of clauses one of which becomes the superordinate of another. For example, “ Kofi went

to school.” “Ama went to the market”. Subordination can be effected by reducing the status of

one of the clauses. We use subordinating conjunction to effect subordination like “although” to

make the two independent clauses become Kofi went to school although Ama went to the

market. Sentences that use subordination usually have a main clause or an independent clause

and one or more subordinate clauses or dependent clauses in them. For instance, in the sentence

above, the subordinate clause is “although Ama went to the market” with the main clause as

“Kofi went to school”. Such sentences are normally called complex sentences.

In linguistics, subordination is a principle of the hierarchical organization of linguistic

units. While the principle is applicable in semantics, syntax, morphology, and phonology, most

works in linguistics employ the term "subordination" in the context of syntax, and that is the

context in which it is considered here. The syntactic units of sentences are often either

subordinate or coordinate to each other. Hence, an understanding of subordination is promoted

by an understanding of coordination, and vice versa. Subordination as a concept of syntactic

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organization is associated closely with the distinction between coordinate and subordinate

clauses. One clause is subordinate to another if it depends on it. The dependent clause is called a

subordinate clause and the independent clause is called the main clause (matrix clause).

Subordinate clauses are usually introduced by subordinators (subordinate conjunctions) such as

after, because, before, if, so that, that, when, while etc. For example, “Before we play again, we

should do our homework” and “We are doing our homework now because we want to play

again”.

The strings that are italicized are subordinate clauses, and the strings that are not italicized

are the main clauses. Sentences must consist of at least one main clause, whereas the number of

subordinate clauses is hypothetically without limitation. Long sentences that contain many

subordinate clauses are characterized in terms of hypotaxis, the Greek term meaning the

grammatical arrangement of "unequal" constructs (hypo="beneath", taxis="arrangement").

Sentences that contain few or no subordinate clauses but contain coordinated clauses are

characterized in terms of parataxis. According to Quirk et al (1985), sentences are categorized

into simple and multiple sentences. According to them, simple sentences are composed of only

one main clause, while multiple sentences can be further divided into compound sentences (that

contain at least two coordinated main clauses) and into complex sentences (with one main clause

and at least one subordinated clause).

The study of subordination hence concentrates on the compound and complex structures in

the parliamentary acts. The legal texts offer a fruitful data for the study on subordination. Only

few sentences in the material are simple sentences, while complex and compound sentences

dominate. Furthermore, subordination in sentences can be recognized by specific markers of

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subordination. Quirk et al (1985) classify five indicators found in subordinate clauses that typify

the clause as a subordinate to a matrix clause:

(i) The clause is initiated by a subordinating conjunction

(ii) The clause is initiated by a wh-element

(iii) Initial elements in the clause are inverted

(iv) The presence of certain verb forms in finite clauses is determined by the type of subordinate

clause

(v) The verb element of the clause is either nonfinite or absent

However, subordinate clauses have various functions in sentences, as they can have a

nominal, adverbial, relative or comparative relation to the matrix clause (Quirk et al 1985).

2.4.1 Interdependency Relation

After revising extensively on the concept of grammar and the various unit of grammatical

analysis, it is observed that the English sentence is made up of clauses. These clauses could be

one, two, three or more than. For example, the sentence “I came out but did not see you”

contains two clauses “I came out” and “I did not see you”. In this case, each of the clauses can

stand alone and convey complete idea. But they have been joined together using the word “but”

and this terminated one out of the two clauses from being able to stand alone “but I didn’t not see

you”.

When a sentence is realized by only one clause, such as “I can do it”, such sentence can

be referred to as a simple sentence. However, when two or more clauses are combined together

to form a sentence, such sentence can be referred to as complex, compound or compound-

complex sentence depending on the interdependency relationship that exists between the

combined clauses. In this sense, it is important to note that where two or more clauses are joined

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together to form any of the non simple sentences (complex, compound and compound-complex)

types, a kind of interdependency relation exists between or among the consequent clauses. For

example, the consequent clauses can each be independent ( they can both stand alone) or be

dependent on one another (meaning both cannot stand alone). This leads us to the classification

of clauses as dependent clauses and independent clauses. Examples; “He is Covenant and he is

the class rep” (independent+independent), “Although he has some money in his bag, he would

not pay for the book”(dependent+independent), “Wherever I see you, I will continue to beat you

because you’re not faithful” (dependent+independent+dependent).

The interdependency relation that exist between clauses also shows the variation in the

status of the clauses: The status can be equal, or unequal, clauses have equal status in a sentence

when they’re all independent or all dependent. However, when one or more clause(s) is/are

independent and others in the sentence are dependent, we can say that the clauses are of unequal

status. Examples; “if you eject it, the tape reader will stop” (dependent +independent = unequal

status), “Covenant win not approve the minimum wage and he will not win the election”

(Independent+independent = equal status), “Covenant must approve the minimum wage, win the

election and move the country forward” (independent+independent+independent = equal status).

2.4.2 Taxis in Grammar

The degree of interdependency among clauses in a sentence is known technically as

Taxis. Taxis could mean status or relation. Taxis is a literary terms that describe the way clauses

in complex or simple sentences are ordered, positioned, and related to one another. Taxis can be

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referred to as the placing of clauses one after another, with or without connecting words

(conjunctions) to show the relation between them.

2.4.2.1 Parataxis

It can be defined as the the placing of clauses one after another, without connecting

words (conjunctions) to show the relation between them. It is the grammatical arrangement of

"equal" constituents clauses. In this case, the word parataxis literally means “equal” (para)

“arrangement” (taxis). Parataxis is the hallmark of coordination. In most cases, the equality of

the clauses is evident both grammatically and semantically (Lakoff 1971; Martin 1983).

Parataxis is the relation existing between two elements or clauses that share equal status.

Examples; “Covenant will not approve the minimum wage and he will not win the election”

(Independent+independent =Parataxis), “Covenant must approve the minimum wage, win the

election and move the country forward” (independent+independent +independent = Parataxis).

2.4.2.2 Hypotaxis

This refers to the use of coordinating or subordinating conjunctions to indicate the relation

between clauses. Hypotaxis is the arrangement of "unequal" constituents. The word

hypotaxis literally means “beneath” (hypo) “arrangement” (taxis) and it forms the basis of

subordination. The inequalities between hypotactic clauses are evident both grammatically and

semantically (Lakoff 1971; Martin 1983). Hypotaxis is the relation that exists between a

dependent elements and its independent element. Examples; “If you eject it, the tape reader

will stop” (dependent+independent = Hypotaxis), “Wherever I see you, I will continue to beat

you because you’re not faithful” (dependent+independent+dependent = Hypotaxis).

2.4.3 Syntactic Complexity

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 Syntactic complexity in legal discourse refers to the use of complex sentence structures and

legal jargon, which can make legal documents difficult to understand for non-lawyers or lawyers

who are not experts in a particular area of law to understand the document. Syntactic

complexity may be defined as the range and the sophistication of grammatical resources

exhibited in language production. As such, syntactic complexity thus covers related concepts

such as diversity, variety and degree of linguistic elaborateness. However, according to

Halliday (2004), syntactic complexity, variety, diversity and degree of linguistic

elaborateness are sub-categories under certain factors which would be discussed below.

2.4.3.1 Expansion

Expansion is a concept in systemic functional linguistics that refers to the use of language to

provide more information or to elaborate on a particular point. Expansion also refers to the

process of making a sentence longer by adding more detail, examples, or explanation. This can

be done to clarify a point, provide more information, or to make a sentence more persuasive or

convincing. Expanding a sentence can be particularly useful in academic writing, where the goal

is to provide detailed and well-supported arguments, or in technical writing, where clarity and

precision are essential. Expanding is an important part of language use as it allows speakers and

writers to provide more detailed and nuanced information to their audience. By using expanding

techniques, speakers and writers can create messages that are more informative, more engaging,

and more persuasive. Expanding can also help to clarify complex ideas, making them more

accessible to a wider audience.

There are many different ways in which expanding can be used in language. Some common

expanding techniques include:

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(i) Using examples to clarify a point, such as "For example, if you're trying to lose weight, it's

important to eat a healthy diet and exercise regularly."

(ii) Using definitions to explain a concept, such as "A democracy is a form of government in

which power is held by the people."

(iii) Using analogies to help the listener or reader understand a complex idea, such as "The

human brain is like a computer, processing information and making decisions based on that

information”.

(iv) Relative clauses: If a sentence contains a relative clause such as "who" or "that," it likely has

expansion.

(v) Appositives: If a sentence contains an appositive such as "my friend, the doctor," it likely has

expansion.

(vi) Subordinate clauses: If a sentence contains a subordinate clause such as "although I was

tired," it likely has expansion.

In short, Expansion is when a sentence contains additional information that clarifies or adds

to the original statement. Expansion can be achieved through the use of relative clauses,

appositives, subordinate clauses, or other structures that provide more detail. It is important to

note that expansion can sometimes make a sentence more complex and difficult to understand. It

is therefore important to use it judiciously and with consideration for the audience. However,

according to Halliday (2004), expansion has various sub categories which would be explained

below.

2.4.3.1.1 Enhancing

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 Enhancing is a concept in systemic functional linguistics that refers to the use of language

to add emphasis or to create a particular effect. Enhancing can take many different forms, such as

using adjectives to describe a noun in more detail, using adverbs to modify a verb, or using

metaphorical language to create a particular mood or tone. Enhancing can also involve using

non-verbal elements of communication, such as tone of voice or body language, to create a

particular effect. Enhancing is an important part of language use, as it allows speakers and

writers to create messages that are more engaging, informative, and effective. By using

enhancing techniques, speakers and writers can create messages that are more vivid, more

memorable, and more persuasive. Enhancing can also help to create a particular mood or tone,

such as humor, irony, or sarcasm.

There are many different ways in which enhancing can be used in language. Some common

enhancing techniques include:

(i) Using adjectives to describe a noun in more detail, such as "the bright sun" or "the delicious

pizza."

(ii) Using adverbs to modify a verb, such as "he ran quickly" or "she spoke softly."

(iii) Using metaphorical language to create a particular effect, such as "the world is a stage" or

"love is a rose."

(iv) Using non-verbal elements of communication, such as tone of voice or body language, to

create a particular effect, such as sarcasm or irony.

2.4.3.1.2 Extending

Extending refers to the process of adding more information to a sentence, often through the

use of modifiers or phrases. This can help the speaker convey a more detailed and nuanced

message, and can make a sentence more complex and sophisticated. The concept of extending is

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important in grammar because it allows speakers to communicate more effectively, and to tailor

their message to their audience. By extending a sentence, a speaker can provide more context,

clarify their meaning, and add emphasis to certain points. However, it is important to use

extending judiciously, as overly complex sentences can be difficult to understand.

2.4.3.1.3 Elaborating

Elaborating is a communicative strategy that involves expanding on an idea or topic to

provide more detail or to make a point more clear. It is a key component of effective

communication, as it helps to ensure that the listener or reader fully understands the message

being conveyed. There are many different ways in which elaborating can be used in

communication. Some common strategies include:

(i) Providing more detail about a particular point or idea, such as by using examples or anecdotes

to clarify a concept.

(ii) Breaking down complex ideas into smaller, more manageable pieces, making them easier to

understand.

(iii) Using analogies or metaphors to help the listener or reader understand a complex idea by

relating it to something more familiar.

(iv) Providing additional context or background information to help the listener or reader

understand the message being conveyed.

Elaborating is an important part of communication, as it helps to ensure that the message

being conveyed is clear and easy to understand. It is particularly important in situations where

the message being conveyed is complex or technical, as elaborating can help to break down the

message into more manageable pieces.

2.4.3.2 Projection

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 Projection in grammar refers to the way in which sentences and ideas are structured in order

to convey meaning and create coherence. In other words, it refers to the way in which one idea

leads naturally and logically to the next, creating a sense of flow and continuity. There are many

different ways in which Projection can be achieved in grammar. Some of the most important

include:

(i) Using transitional words and phrases: Transitional words and phrases, such as "however," "in

addition," and "therefore," can help to create a sense of progression by linking ideas together and

showing how they are related.

(ii) Varying sentence length and structure: Varying sentence length and structure can help to

create a sense of progression by adding variety and interest to the text.

(iii) Using parallelism: Parallelism refers to the repetition of similar grammatical structures

within a sentence or paragraph. This can help to create a sense of progression by emphasizing the

similarities and differences between different ideas.

Future tense: If a sentence uses future tense, it likely has projection.

(iv) Modal verbs: If a sentence contains modal verbs such as "will," "shall," or "may," it likely

has projection.

(v) Conditional statements: If a sentence contains a conditional statement such as "if" or

"unless," it likely has projection.

(vi) Imperatives: If a sentence contains an imperative verb such as "must" or "should," it likely

has projection.

(vii) Infinitives: If a sentence contains an infinitive verb such as "to be" or "to have," it likely has

projection.

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(ix) Gerunds: If a sentence contains a gerund such as "running" or "swimming," it likely has

projection.

(x). Participles: If a sentence contains a participle such as "broken" or "driven," it likely has

projection.

(xi) Using pronouns and other referents: Pronouns and other referents can help to create a sense

of progression by linking ideas together and showing how they are related.

In essence, it is germane to know that the status of any sentence(s) in any legal discourse be

it simple, complex, compound, compound complex and multiple sentence is greatly determined

by those factors that are explained above. However, the more expanding, enhancing, extending

and elaborating a sentence is, the more complex it’d become. The less expanding,

enhancing, extending and elaborating a sentence is, the less complex it’d become. This further

implies that the more projecting a sentence is, the less complex it might become and the less

projecting a sentence is, the more complex it might become.

2.5 The Concept of Subordination in English language

Adjei examined the analysis of Subordination Errors in Students' Writings: A Study of

Selected Teacher Training Colleges in Ghana. The study aimed at examining how students of

selected Teacher Training Colleges handle one important aspect of sentence structure, i.e.

“subordination”. Adjei got the research data collected from written scripts, and tests responded to

by 150 participants from three selected colleges. These were analyzed by identifying both correct

and incorrect uses of subordinators to link sentences in their compositions. Findings from the

tests and the written scripts showed that participants faced a significant level of difficulty in the

use of subordination as well as difficulty with identifying the types and functions of subordinate

clauses in sentences. This meant that the majority of the participants lacked the linguistic

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understanding of subordination. The study suggested that subordination should be given the

attention it deserves at the Teacher Training Colleges and other levels of education in Ghana

since it is one of the important skills needed to form meaningful sentences in English language.

Giuliano and Anastasio (2019) worked on subordination in Italian and English:

Implications for Second Language Acquisition. The study focused on morpho-syntactic

complexity, trying to identify the specific subordinated modalities of organizing and packaging

information in a narration. This purpose was achieved by combining the morpho-syntactic

analysis with the type of contents that subordinate clauses convey with respect to the

informational flux of textual structure (foreground vs. background alternation). A functionalist

and enunciative framework is adopted. The following questions were addressed;

(i) What types of morphosyntactic structures (main or subordinated, finite or non finite) are

exploited to convey the subordinated contents selected?

(ii) Do the informants tend to hierarchize the expressed contents?

(iii) What types of semantic and/or logical components (temporality, causality, etc.) are selected

to be narrated and highlighted through subordination?

However, during this research, they focused on the subordinated modalities of organizing

and packaging information in an oral narrative task in English and Italian L1 and in English L2.

Their results suggested that even though finite and non finite constructions are used by both

native groups, some important differences have to be taken into account. First, the employment

of subordinate clauses and syntactic hierarchizing seems to be greater in Italian than in English,

probably because of the rich verb morphology of the former. Second, the conceptual level of the

semantic contents involved does not seem instead so different between the two languages in

question. Giuliano and Anastasio therefore contended that grammars cannot always exhaustively

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explain the observable textual mechanisms, which can also be shaped by enunciative and cultural

habits, as other albeit, very few studies have demonstrated in recent years with respect to both

narrative and descriptive texts.

2.6. Theoretical Framework

This section examines the grammatical theory; Systemic Functional Grammar (SFG

[1985) and other modifications of the theory. This theory will therefore guide the analysis of the

Comparative exploration of syntactic patterns in selected types of legal discourse in Nigeria.

2.6.1 Micheal Halliday (1985) Systemic Functional Grammar (SFG)

This is a whole new approach to the study of grammar that is completely different from the

traditional approach in which language is a set of rules for specifying grammatical structures.

Halliday and Matthiessen (1999; 3) therefore state their position with respect to Systemic

functional linguistics (SFL) as follows.

“For the task of constructing such a meaning base, we shall use a systemic grammar. A

systemic grammar is one of the class of functional grammars, which means (among other things)

that it is semantically motivated, or ‘natural’, In contradistinction to formal grammars, which

are autonomous, and therefore semantically arbitrary, in a systemic grammar every category

(and ‘category’ is used here in the general sense of an organizing theoretical concept, not in the

narrower sense of ‘class’ as in formal grammar) is based on meaning: it has a semantic as well

as a formal, lexico-grammatical reactance”.

To encapsulate the essence of the distinction between grammar and theories of grammar,

Halliday and Matthiessen (1999) call the latter “grammatics”. They further accentuate the need

for a richer theory of grammar (i.e. Systemic Functional Linguistics), claiming that the

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traditional grammar (rules based grammar) as a theory falls far short of the demands that are now

being made on grammatical theories:

“At this stage in history, we need a richer theory of grammar to meet the challenges of the

age of information, e.g. in education and in computation”. (Halliday and Matthiessen[1999).

Unlike the traditional grammar type of theory, SFL takes the resource perspective rather than the

rule perspective, and it is designed to display the overall system of grammar rather than only

fragments. That’s why it has come to be known as a Systemic functional Grammar.

2.6.1.1 Unit and Rank

Units are set up to account for the stretches of language carrying grammatical patterns.

The units of grammar include the sentence, the clause, the group, the word and the morpheme. It

is however observed that Halliday did not employ the traditional term phrase in his scale and

category grammar. A sentence has a structure which consists of one or more of the elements α (a

main [matrix] clause) and β (subordinate [dependent] clause). A clause can either be main (α) or

subordinate (β). It has a structure which consists of one or more of the elements S(ubject),

P(redicator), C(omplement) and A(djunct). A group plays the part of an S element, a P element, a

C element or an A element in the structure of a clause. It has a structure which consists of one or

more of the elements m, h, q (modifier, head, qualifier) or one or more of the elements b, p, c

(before preposition, preposition, completive) or one or more of the elements a, v, e (auxiliary,

verb, extension of verb).

Any word plays the part of one of the elements m, h, q, b, p, c, a, v, e, in the structure of

a group. It would have a structure which consists of one or more of the elements “base”,

“prefix”, “infix”, “suffix”, “ending” and “addition”. The morpheme is “the minimal linguistic

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element that carries grammatical and/or semantic meaning; it is not further divisible into smaller

grammatical components” (Tomori 1968:188). Every morpheme plays the part of one of the

elements “base”, “prefix”, “infix”, “suffix”, “ending”, and “addition” in the structure of a

word. Grammatical units are arranged hierarchically (i.e. they are related) on a scale of rank. The

five units referred to earlier would be arranged as follows:

_______ sentence

______ clause

______ group

______ word

______ morpheme

Successive units on the rank scale display a “subsuming relationship” if one is thinking

downwards along the scale and a “constituency relationship” if one is thinking upwards along the

scale. Each unit consists of members of the unit next below on the scale and each provides the

constituents of the unit next above. A sentence consists of clauses, clauses consists groups,

groups consists of words, and words consists of morphemes. In other words, morphemes act as

the constituents of words, words act as the constituents of groups, groups act as the constituents

of clauses and clauses act as the constituents of sentences. The scale and category

theory allows for “rank shift” in complex structure. Rank shifting involves a rank (always clause

or group) which above or equal to the unit in whose structure it is operating. It must be noted that

a unit may not behave as if it was a unit of a higher rank. Rank shift is downward and there is no

upward rank shift.

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