Document Type : مقالات علمی پژوهشی
Authors
1
PhD Candidate in Linguistics, Department of Linguistics, Faculty of Humanities, Islamic Azad University, Zanjan , Iran
2
Professor of Linguistics, Department of Linguistics, Tarbiat Modares University. Tehran, Iran
3
Assistant Professor, Department of Linguistics, Faculty of Litreture and Language, Allameh Tabataba'i University, Tehran, Iran
4
Assistant Professor, Department of Linguistics, Faculty of Humanities, Islamic Azad University, Zanjan, Iran
Abstract
This study is to investigate forensic discourse analysis of the facility contracts like Murabaha, Jaaleh, civil participation and installment sale.The aim of this research is to probe the forensic discourse analysis of the aforementioned texts in the field of forensic linguistics by considering the Van Leeuwen ’s 1996. To do that, the quantity, quality and the mystification of each contract ’s text was probed to discover the factors which ruin the clarity of those texts. The qualitative method of discourse analysis was used to explore the hypothesis of this research. The discoursal elements in the Van Leeuwen ’s (1996) were extracted and the mystification of each contract and different manipulations in each article of contracts were analyzed by using version 21 of SPSS software. The frequency and the percentage of their occurrence was found. The result shows that significant explicit, implicit elements and mystifications in all contracts were seen. The least frequency of explicit elements in the text of Jaaleh by the frequency of 20and the most number of mystification can be observed in the mentioned text by 81.3 percent. The manipulation based on threat was seen 11 times in Murrabeh, Jaaleh. It can be concluded that based on the occurrence of the implicit elements and mystification of all texts of the facility contracts, using implicit elements should be avoided.Consequently, the ambiguity and the mystification will be reduced. The result of the present study helps the banks’ legal experts to write the contracts more apprehensible with less ambiguity.
1. Introduction
Since all the facility contracts are assumed as legal documents, lack of clarity in their texts lead to serious challenges in terms of perception for the two sides of the contract; subsequently it will be a crucial concern for the bank facilities’ applicants. The significant of the present study is rooted in the afore-mentioned concept and its necessity is the revival of the rights of the bank as the donator of the facility and the customer as its receiver. Therefore, in doing so, the researcher tried to investigate discourse analysis of these facility contracts in the area of forensic linguistics by studying the socio-semantic components and their manipulations.
This study is designed based on Van Leeuwen’s theoretical framework on socio-semantic components (1996) and also the different manipulations of the facility contract texts. The researcher tried to find the suitable answer for these research questions:
Is there any difference between the frequency of explicit elements in facility contract texts of Tejarat Bank?
Is there any difference between the frequency of implicit elements in facility contract texts of Tejarat Bank?
Is there any difference between the frequency of mystification elements in facility contract texts of Tejarat Bank?
Is there any difference between the frequency of manipulation elements in facility contract texts of Tejarat Bank?
2. Literature Review
Theoretical framework applied in this research is Van Leewen socio-semantic components and manipulation of the texts. Also, the studies of the Iranian and foreigner researchers in the areas of forensic linguistics and forensic discourse analysis were reviewed here as Shuy (2001), Shuy (2010). Olsson (2009), Coulthard(2000), Aghagolzadeh(2005), Aghagolzadeh and Farazandehpour (2016), Taghipour (2015) and Habibi (1995).
3. Methodology
In order to find the answers of the research questions, the researcher used the descriptive-analytic method of research. The related data of this study was driven from the most used facility contracts of Tejarat Bank which are: Jallleh, Murabaha, Civil Participation , and Installment Sale
The aim of this study is an investigation of the arrangement of socio-semantic components and manipulations of banking facility contracts. So, the socio-semantic components of Van Leeuven model and manipulation of the paragraphs of each facility contract was found and by using the 21st version of SPSS, their frequency and the percentage were analyzed. Also, by using the socio-semantic components, the mystification of the facility contracts was estimated. The results of the above mentioned analyses were shown in different tables. In the next step, the socio-semantic elements and the mystification of the facility contracts were compared to find which facility contract has the most density of implicit components and subsequently has the most mystification in its text. So, by revising these contracts and omitting the implicit elements, we would be able to increase their clarity.
4. Results
The first two research questions were investigating the difference between the frequency of the implicit and explicit socio-semantic components in the texts of the banking facilities contracts. The results had been proven that the frequency of the implicit components in the text of Jaaleh contract is more than the other contracts. So, the first and second research hypothesis had been had been proven. The third research question was the comparison between the mystification of the facility contracts. Also, the facility contract of Jaaleh had the most number of implicit components so its mystification was more than the other contracts. Therefore, by probing those analysis, we can conclude that we should reduce the number of implicit components to reduce the mystification of the contracts as it may cause the creation of unclarity and it may cause legal problems for the customers of the bank.
Finally, it is concluded that the threatening manipulation could be observed in all the contracts; however, encouraging manipulation could be observed only in text of Morabehe contract. It means that in banking system of Iran, we assume only threatening as the only tool. So, the fourth hypothesis was proven, too.
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Language Related Research