Three modes of persuasion
The reason for choosing this topic
Over the past 50 years, English has evolved into the first truly global language, leading to a significant increase in its demand in Vietnam However, the emphasis on grammar-focused government exams has caused students to prioritize memorizing English structures solely for high marks, raising concerns among teachers and learners It is crucial for all English users in Vietnam to shift their focus towards mastering spoken English skills to effectively engage with this global language.
International Legal English (ILE) has emerged as a crucial language for professionals involved in government laws and regulations, particularly for companies aiming to expand beyond national borders Despite its importance in Vietnam for business, tourism, international trade, and immigration, the transition to using ILE is often debated While individuals can gradually learn new vocabulary related to contracts and corporations, effectively using precise terminology in meetings, presentations, and discussions remains a challenge for agencies, paralegals, and even seasoned lawyers Additionally, students pursuing a Bachelor of Laws (LLB) may struggle with the complexities of learning legal concepts in English, while entrepreneurs often lack the comprehensive knowledge and skills needed to fulfill legal requirements effectively.
In international contexts where English is a secondary means of communication, determining the target skills for instruction is complex In Vietnam, English education primarily aims to improve test scores rather than enhance communication skills, highlighting a disconnect between classroom learning and real-world application.
In "English as a Language of Wider Communication in East Asia Today," T T N Hung discusses the challenges of mutual intelligibility in the region, highlighting the significance of English in fostering communication This work, published by Marshall Cavendish in 2004, is referenced in T.L Son's study on enhancing English teaching in Vietnam.
Provision in the Private Sector, Ph.D thesis, 2011, p.4
This thesis seeks to address the gap in resources by providing practical strategies for individuals learning and using English as a Second Language (ESL), with the goal of enhancing their fluency and persuasive speaking skills.
Background of the studys
A consistent method of communication is crucial for various aspects of society, including the economy, national discourse, political exchanges, and even personal relationships between couples.
(Judith Kuriansky, psychologist and therapist, speaking on the BBC World Service , August 1999)
As we approached the 21st century, an American communication expert predicted that advancements in technology would significantly alter societal, political, and cultural communication This shift necessitated a common language for expression and information transfer, which was identified as English The urgency for effective communication led to a pressing need for rapid English language acquisition, a challenge that Vietnam faced despite adopting English as a national subject in 1986 Following Vietnam's accession to the Association of Southeast Asian Nations (ASEAN) in 1995 and the World Trade Organization (WTO) in 2006, the influx of foreign investors and visitors created valuable opportunities, further emphasizing the importance of English proficiency in business interactions.
During the third TESOL conference on July 26, 2008, held at Thong Nhat meeting hall, Dr Curtis, the director of the English Language Teaching Unit at the Chinese University of Hong Kong, urged English teachers in Vietnam to focus on enabling their students to use English for communication, rather than solely for passing exams He highlighted the essential role of spoken English in an international context, emphasizing its importance for learners.
2 D Block and D Cameron, Globalization and Language Teaching, St Edmundsbury Press, Bury St Munds, Suffolk, 2002, p.67 Available from: E-Book Library, (accessed 5 May 2018)
3 A Curtis, The 3rd annual TESOL conference - moving ELT forward: From examination to communication, 2008, cited in T.L Son, Teaching English in Vietnam: Improving the Provision in the Private Sector, Ph.D thesis, 2011, p.2
Despite over two decades of rapid development and emotional support for improvement in TESOL, the outcomes for the younger generation in Vietnam remain largely unchanged In 2017, the English First English Proficiency Index ranked Vietnam as having the second lowest level of "moderate proficiency," placing it 34th out of 80 non-native English speaking countries, with a score of 53.43, as reported at a conference in Hanoi.
Figure 1: Education First English Proficiency Index 2017 Rankings
(Source: EF EPI as link https://www.ef.edu/epi/)
Overal, with higher requirements, students, graduates or employees can not use the similar methods in the past decades to improve their English, especially ILE
Meanwhile, positive ways are being discovered in order to prevent negative effects of this serious lacking
The teaching of English has become more accessible, allowing educators to select materials that engage learners focused on improving their communication skills As noted by Do Huy Thinh (2006), the rapid growth of English has led to the establishment of numerous language centers across Vietnam, with a significant number of Vietnamese students pursuing English studies Furthermore, Nguyen and Buckley (2005) highlight that Ho Chi Minh City is witnessing the emergence of approximately 100 new English language centers annually Consequently, there is a proliferation of English courses and examinations that promise effective communicative learning and training for international opportunities.
4 H T Do, The role of English in Vietnam’s foreign language policy: A brief history, [weblog], 2006, http://www.worldwide.rs/role-english-vietnams-foreign-language-policy-brief-history/, (accessed 7 May 2018)
5 V Nguyen and C Buckley, Wanted: Qualified English-language teachers, 2005, cited in T.L Son, Teaching English in
Vietnam: Improving the Provision in the Private Sector, Ph.D thesis, 2011, p.5 assessment of listening, speaking, reading, and writing (the four macro skills of
However, the matter of fact is that students’ specific reasons for paying to study
Many students complete English language courses in Vietnam with national language certificates (levels A, B, or C) but still struggle with effective oral communication This issue persists because training institutes assess student performance based on the national system, leading to similar shortcomings in speaking skills.
Relied upon the rationale and reality examination, this study is conducted to deal with two available objectives:
• To increase the fluency of spoken English when it is used to speak legal topics in lectures, presentation, interviews, discussions 7 ;
To enhance speaking skills and empower speakers to effectively persuade in typical legal scenarios, such as client interviews and discussions with colleagues and peers, it is essential to focus on developing these abilities.
4 Scope and limitations of the study
• The data from this study will be collected from a number of colleges, universities, and employers of a law firm in HCMC
This study aims to analyze the factors affecting users' intent to speak English in the context of laws and legislation, highlighting key challenges and issues By examining generalized data, the research will propose practical methods to enhance both fluency and persuasive skills in English communication.
• The study is conducted during the period : from 3 March to 27 May 2018
• Moreover, because of the limited reason for experience and knowledge, time and manpower, some mistakes in the research process are unavoidable
6 Nguyen, D N, Almost Vietnamese teachers of English are just at bachelor level, 2006, cited in T.L Son, Teaching English in Vietnam: Improving the Provision in the Private Sector, Ph.D thesis, 2011, p.6
7 K.L Amy and Trans legal, International Legal English, What are the aims of the course, p.ii
This study enhances the understanding of legal speaking theory and addresses potential challenges in speaking activities, making it valuable for English teachers in law schools By implementing the proposed methods, educators can improve their strategies, enabling students to better grasp the material and engage in the learning process, particularly in developing legal speaking skills (LSK) Additionally, readers with prior knowledge of English related to Vietnamese laws and legal procedures will find this study beneficial.
- Chapter 5: Discussion of findings and recommendations
This chapter explores the essential elements of Legal English (LE) and the theoretical foundations of the speaking process, highlighting the necessary competencies It emphasizes that the speaking skill in LE is a crucial component of this process.
The legal profession has historically utilized a specialized language understood primarily by those with legal expertise Over time, this language evolved, influenced by various conquering nations, ultimately resulting in a blend of three key languages: English, Latin, and French.
Nowadays, we call the language used by trained legal professionals in their works
Legal English (LE) is an essential skill for international legal matters, as English has become the global language of communication Similar to business and scientific English, LE has a unique style that differs from everyday English, presenting both similarities and distinctions While LE encompasses the four fundamental skills of reading, listening, writing, and speaking, it also features significant differences in vocabulary, morphology, syntax, semantics, and other linguistic aspects.
1.1.2 Learning International Legal English (ILE)
To effectively learn and utilize Legal English (LE) as General English (GE), it is essential that courses are conducted by qualified professionals in the legal field However, having qualified instructors does not automatically guarantee a well-structured and pedagogically sound course In Vietnam, the initial offerings of such courses began at HCMC University of Law, laying the foundational knowledge for students.
LE for those with or without legal knowledge
Understanding your subjects and learning them effectively are distinct processes Despite the variations in International Legal English (ILE), mastering this form of English and its standard skills are closely interconnected The development of ILE speaking skills fundamentally depends on a foundation in General English (GE) It is crucial to recognize that ILE is designed to assist law students and legal professionals in acquiring English proficiency within a legal context, preparing them for legal English examinations such as the Test of Legal English Skills (TOLES) and the Cambridge International Legal English Certificate (ILEC).
8 B.B Donna, Developing International EFL/ESL Scholarly Writers, Library of Congress, Germany Available from: E-Book Library, (accessed 10 May 2018)
9 C Pascale, What is Legal English, [webblog], 2010, https://www.communicaid.com/business-language-courses/blog/what- is-legal-english/, (accessed on 11 May 2018)
10 K.L Amy and Trans legal, International Legal English, What are the aims of the course, p.ii
In today's communication-driven world, mastering the speaking skill is undeniably crucial According to Ur (1996), speaking is often regarded as the most important of the four language skills—listening, speaking, reading, and writing—because it encompasses various forms of knowledge This paper will focus on the speaking process and its significance in language use, while not delving into the specifics of phonetics or phonology, which can be addressed in a separate study.
Scope and limitations of the study
• The data from this study will be collected from a number of colleges, universities, and employers of a law firm in HCMC
This study aims to analyze the factors affecting users' intent to speak English in the context of laws and legislation, highlighting key challenges and obstacles By examining generalized data, the research will propose practical methods to enhance both fluency and persuasive skills in English communication.
• The study is conducted during the period : from 3 March to 27 May 2018
• Moreover, because of the limited reason for experience and knowledge, time and manpower, some mistakes in the research process are unavoidable
6 Nguyen, D N, Almost Vietnamese teachers of English are just at bachelor level, 2006, cited in T.L Son, Teaching English in Vietnam: Improving the Provision in the Private Sector, Ph.D thesis, 2011, p.6
7 K.L Amy and Trans legal, International Legal English, What are the aims of the course, p.ii.
Significance of the study
This study enhances the understanding of legal speaking theory and addresses potential challenges in speaking activities, making it valuable for English teachers in law schools By implementing the proposed methods, educators can improve their strategies, enabling students to better grasp the material and engage in the learning process, particularly in developing legal speaking skills (LSK) Additionally, readers with prior knowledge of English in the context of Vietnamese laws and legal procedures will find this study beneficial.
Structure of the paper
- Chapter 5: Discussion of findings and recommendations
This chapter explores the essential elements of Legal English (LE) and the theoretical foundations of the speaking process, highlighting the necessary competencies It emphasizes that the speaking skill in LE is a crucial component of this process.
The legal profession has historically utilized a specialized language understood primarily by those with legal expertise Over time, this language evolved, influenced by various conquering nations, ultimately resulting in a blend of three key languages: English, Latin, and French.
Nowadays, we call the language used by trained legal professionals in their works
Legal English (LE) is an essential skill for international legal matters, as English has become the global language of communication Similar to business and scientific English, LE has a unique style that differs significantly from everyday English While LE encompasses the four basic skills of reading, listening, writing, and speaking, it also presents notable differences in vocabulary, morphology, syntax, semantics, and other linguistic features.
1.1.2 Learning International Legal English (ILE)
To effectively learn and utilize Legal English (LE) as General English (GE), it is essential that courses are conducted by qualified professionals in the legal field However, having qualified instructors does not automatically guarantee a well-structured and pedagogically sound course In Vietnam, the initial offerings of such courses were established at HCMC University of Law, laying the foundational framework for Legal English education.
LE for those with or without legal knowledge
Understanding your subjects and learning them effectively are distinct processes Despite the differences in International Legal English (ILE), mastering this style of English and its standard skills are closely interconnected The development of ILE speaking skills fundamentally depends on a foundation in General English (GE) It is crucial to recognize that ILE is designed to assist law students and legal professionals in learning English within a legal context and preparing for legal English examinations such as TOLES (Test of Legal English Skills) and the Cambridge ILEC (International Legal English Certificate).
8 B.B Donna, Developing International EFL/ESL Scholarly Writers, Library of Congress, Germany Available from: E-Book Library, (accessed 10 May 2018)
9 C Pascale, What is Legal English, [webblog], 2010, https://www.communicaid.com/business-language-courses/blog/what- is-legal-english/, (accessed on 11 May 2018)
10 K.L Amy and Trans legal, International Legal English, What are the aims of the course, p.ii
In today's communication-driven world, mastering the speaking skill is undeniably crucial According to Ur (1996), speaking is often viewed as the most significant of the four language skills—listening, speaking, reading, and writing—because it encompasses various forms of knowledge This paper will not delve into the specifics of speaking phonetics or phonology, as these topics warrant separate discussion Instead, it will focus on the speaking process and the vital role language plays within it.
Speaking activities in schools and workplaces have become common in Vietnam since the 1986 reform, serving as a vital tool for those looking to enhance their social status However, when asked about the definition of "speaking activity," only a few individuals can provide an accurate response So, what do speaking activities truly entail?
Public speaking encompasses various definitions across different contexts, but the speaking skill examined in this study extends beyond traditional interpretations.
Many ESL teachers and learners often start by looking up the definition of "speaking" in a dictionary The Oxford Dictionary defines speaking as "the action of conveying information or expressing one's feelings in spoken languages." This definition helps learners grasp that speaking involves conversing and expressing thoughts and emotions Additionally, experts describe speaking as an interactive process that entails producing, receiving, and processing information.
Florez (1999) emphasized that speaking is an interactive process comprising three key stages: producing, receiving, and processing information This highlights that communication involves individuals taking turns as speakers and listeners, utilizing both verbal and non-verbal methods to achieve their communicative objectives.
11 P Ur, A course in language teaching: Practice and theory, Cambridge, England, Cambridge University Press, 1996, p.120
12 Oxford English Dictionary, Oxford University Press, 2018, [web], https://en.oxforddictionaries.com/definition/speaking,
13 H.D., Brown, Teaching by principles: an interactive approach to language pedagogy, 1994, cited in N., Kristi, The
Barriers of Teaching Speaking English for EFL Learners, ELITE Journal, Volume 01, No.1, 2016, p.7 (accessed on 11 May
Improving the speaking skills of adult English language learners involves the process of building and sharing meaning through verbal and non-verbal symbols in various contexts (Chaney, 1998) This approach emphasizes the importance of effective communication strategies tailored to diverse learning environments.
Effective communication serves specific purposes, such as informing or seeking clarification, and is often described through basic competencies like booking a room or giving directions The form and meaning of speech are influenced by the context, including the participants, their shared experiences, the physical setting, and the intent behind the communication Consequently, successful speaking necessitates two key competencies: linguistic and sociolinguistic.
In order to effectively communicate, users must possess not only linguistic competence, which includes grammar, pronunciation, and vocabulary, but also sociolinguistic competence, enabling them to understand the context, purpose, and appropriate methods for language production.
According to Thornbury (2005), learning to speak is a transition from controlled to automatic processing, which is faster and more efficient as it requires less conscious effort This automaticity allows individuals to respond instinctively, making communication smoother, especially for ESL learners who desire to express their thoughts freely However, achieving this automatic stage takes time and extensive practice, as learners must first acquire sufficient knowledge through repeated activities.
This article identifies three distinct perspectives on speaking: as an action, a process, and a skill In the context of this study, the term "speaking" specifically refers to a skill associated with learning legal language.
1.3 Legal speaking as a practical skill