DISCOURSE ANALYSIS. At first glance, it may seem that the discourse analysis is just a study of language, however, according to Xxxxx, “discourse analysis is not just the study of language, but a way of looking at language that focuses on how people use it in real life to do things like joke and argue and persuade and flirt, and to show that they are certain kinds of people or belong to certain groups” (2012, 2). However, before the whole concept of discourse analysis is presented, there should be explained some terms preceding the understanding of discourse analysis itself. First of all, should be mentioned what the discourse is. Discourse does not have a fixed definition, and it can be viewed from more than one perspectives, for instance from the philosophical as well as from the linguistic point of view. However, speaking of discourse, regarding linguistics, it may be interpreted as: "the meaning that a first person intends to express in producing text, and that a second person interprets from the text" (Xxxxxxxxx 2007, 129). From previous definitions, it is clear that the centre of discourse analysis is language. Language is according to the Oxford Dictionary “the method of human communication, either spoken or written, consisting of the use of words in a structured and conventional way” (2010). While doing a discourse analysis, there has to be the assumption that language is ambiguous, always in the world, is never used all by itself and that the way we use language is inseparable from every individual. It follows that there has to be an awareness that the language has to be enacted in some context (Xxxxx 2012, 2). After having all the essential definitions explained, the discourse analysis may be interpreted as an explanation of how people use language in the text or speech in respect to the context of the given text or speech. Following, that there has to be an awareness of both linguistic factors and extra-linguistic factors within the analysed text. These factors later need to be identified, and there has to be found a relationship between them. (Xxxxxx and Xxxxx 2017, 330).
DISCOURSE ANALYSIS. Examining discourse analysis as a level of language, it studies “the meaning of language in context” (Xxxxxxx 2004, 5). It is following that this level of language concerns the text beyond the level of a sentence. The main unit which needs to be examined in this analysis is text which is according to Xxxxxxxxx “actual use of language (2007, 4). The quality that makes the text a text is texture which makes a text as a unified unity and it deals with semantic interdependence within the text (Xxxxxxxx and Xxxxx 1976, 2). Studying the textuality, the main criteria which needs to be examined are cohesion and coherence of the text. Xxxxxxxx Xxxxxxxx and Xxxxx define as a “semantic relation between one element in the text and some other element that is crucial for its interpretation” (1976, 9). Cohesion and its devices have been studied by many scholars and there are various approaches and different cohesive devices, however, for the purpose of this analysis have been taken the Xxxxxxxx and Xxxxx'x approach. They mention five types of cohesion: reference, substitution, ellipsis, conjunction and lexical cohesion (1976, 13). In the practical part of this thesis are texts being examined in terms of reference, substitution and, conjunction. The cohesive devices affect the coherence which is according to Xxxxxxxxx defined as “the interpretation of a text so that it makes sense” (2007, 127). Meaning that there has to be a logical connection within the text and the text should be meaningful to a reader. This is also an important characteristic of legal texts because there is need to be text interpreted correctly. Besides cohesion and coherence, texts may be analysed also from additional criteria like “intertextuality, situationality, informativity, acceptability or intentionality” (Shurma 2018), however, as it has been already mentioned, for the legal language and its translation are the most useful the terms of cohesion and coherence. Subchapters listed below are presenting Xxxxxxxx and Xxxxx'x cohesive devices, used in the practical part (1976, 13).
DISCOURSE ANALYSIS. As it has been already noticed, this part of the analysis is being done based on Xxxxxxxx and Xxxxx'x cohesive devices. The texts are being analysed by referencing, substitution and conjunction.