TY - JOUR
T1 - A Discursive-Rhetoric Model for the Research Article Genre in Law
T2 - the Academic Discourse on Equality in National Legal Doctrine
AU - Insúa, Enrique Sologuren
AU - Juan, Claudio Agüero San
AU - Miranda, Luis Villavicencio
N1 - Publisher Copyright:
© 2023 PUCV, Chile
PY - 2023
Y1 - 2023
N2 - Legal research paper is a genre widely used by experts in the legal community. However, empiric rhetoric-discursive descriptions of the features in legal writing for the Spanish speaking community and, especially, the Chilean community are scarce, despite its relevance. Therefore, the objective is to describe the rhetoric-discursive organization of this genre inserted in the academic discourse in the legal science field to expand the knowledge of the written production at a rhetoric level. A Swalesian Genre Analysis was carried out to fulfill the objective, and a microcorpus of 25 texts was collected from a larger ecological corpus that gathered academic productions of domestic teaching related to the principle of equality. The analysis identified macromoves, moves and rhetorical steps, communicative functions, and text features. The resulting rhetorical model was formed by 3 macromoves, 8 moves and 15 steps. The argumentation core is that macromove is crucial to understand how dogmatic people build their discourse about the principle of equality, mainly using authority, concept, and pragmatic arguments based on knowledge and logos. Some rhetoric patterns are described as preferred by the discursive community. Finally, the results provide useful information for genre theory, description of the Spanish language in specialized fields, and discourse studies of the legal community.
AB - Legal research paper is a genre widely used by experts in the legal community. However, empiric rhetoric-discursive descriptions of the features in legal writing for the Spanish speaking community and, especially, the Chilean community are scarce, despite its relevance. Therefore, the objective is to describe the rhetoric-discursive organization of this genre inserted in the academic discourse in the legal science field to expand the knowledge of the written production at a rhetoric level. A Swalesian Genre Analysis was carried out to fulfill the objective, and a microcorpus of 25 texts was collected from a larger ecological corpus that gathered academic productions of domestic teaching related to the principle of equality. The analysis identified macromoves, moves and rhetorical steps, communicative functions, and text features. The resulting rhetorical model was formed by 3 macromoves, 8 moves and 15 steps. The argumentation core is that macromove is crucial to understand how dogmatic people build their discourse about the principle of equality, mainly using authority, concept, and pragmatic arguments based on knowledge and logos. Some rhetoric patterns are described as preferred by the discursive community. Finally, the results provide useful information for genre theory, description of the Spanish language in specialized fields, and discourse studies of the legal community.
KW - Español jurídico
KW - Legal Spanish
KW - academic discourse
KW - artículo de investigación en derecho
KW - discurso académico
KW - legal research paper
KW - modelo retórico
KW - principio de igualdad
KW - principle of equality
KW - rhetorical model
UR - http://www.scopus.com/inward/record.url?scp=85170704539&partnerID=8YFLogxK
U2 - 10.4067/S0718-09342023000200325
DO - 10.4067/S0718-09342023000200325
M3 - Article
AN - SCOPUS:85170704539
SN - 0035-0451
VL - 56
SP - 325
EP - 350
JO - Revista Signos
JF - Revista Signos
IS - 112
ER -