The summary of Linguistic Doctoral thesis: Arguments in ede’s customary laws

The thesis aims to point out and identify the argumentative characteristics of Ede customary law. Through the characteristics of argument in Ede''s customary law, it is possible to see the cultural characteristics of Ede people.

MINISTRY OF EDUCATION AND TRAINING HANOI NATIONAL UNIVERSITY OF EDUCATION

THE SUMMARY OF LINGUISTIC DOCTORAL THESIS

Hanoi - 2019

THE THESIS WAS COMPLETED AT:

HANOI NATIONAL UNIVERSITY OF EDUCATION

Science instructor:

1 A PROF PH.D TA VAN THONG

2 A PROF PH.D DANG THI HAO TAM

Reviewer 1: Prof Dr Hoang Trong Phien

Ha Noi National University of Social Sciences and Humanities

Reviewer 2: Prof Dr Nguyen Van Hiep

Language Institute - Vietnam Academy of Social Sciences

Reviewer 3: Prof Dr Do Viet Hung

Hanoi National University of Education

The thesis will be protected before Board of Thesis Judges at:

Hanoi National University of Education

at … time, date … month 2019

A thesis can be found at:

- National Library

-Library of Hanoi National University of Education

INTRODUCTION

1 THE URGENCY OF THE TOPIC

Customary law is also called "regulatory habit", including morality, ethics and behavior In order for organizations and forms of punishment to be strong enough for everyone to follow, customary laws need persuasive arguments Ede's customary law includes such arguments Studying the arguements in Ede's customary law contributes to explain the relationship between language and culture, clearly sees the cognitive ability and development level, closeness, humanity, of a institution of social, through language means (Ede language)

2 RESEARCH OBJECTIVES AND TASKS

2.1 Research objectives

The thesis aims to point out and identify the argumentative characteristics

of Ede customary law Through the characteristics of argument in Ede's

customary law, it is possible to see the cultural characteristics of Ede people

2.2 Research tasks

Overview of research on arguments, customary laws and customary laws of Ede; on the relationship between language and culture ; Identify and describe the structure of arguments in Ede customary law; The explanation of cultural characteristics of Ede people is reflected in the argument in customary law

3 THE SUBJECTS AND SCOPE OF THE RESEARCH

3.1 The research subjects

The research object of the thesis is the argument in Ede customary law

3.2 The research scope

Scope of the study: the thesis researches the argument in Ede’s customary laws in such contents as: argument structure, cultural characteristics expressed

in the argument in Ede’s customary law

4 THE RESEARCH METHODS

- The methods of practical linguistic: The thesis performs practical collecting data in some areas which Ede people live in Central Highlands to

collect and supplement materials, learn the characteristics and customs of the

Ede people…

- Descriptive method: this method helps the researcher clarify the source

of survey material with specific data and content

- The methods of multidisciplinary and interdisciplinary approaches: the thesis used multidisciplinary and interdisciplinary research methods of social

sciences such as: language - ethnography, language - psychology, social - ethnography, … to research the topic

5 THESIS CONTRIBUTION

The thesis confirms and reinforces the role of argument in linguistics The thesis contributes to affirm and clarify the language-cultural arguments of Ede people Research results of the thesis can be used as a reference for the study, compilation and dissemination of scientific arguments into teaching in schools

6 THE STRUCTURE OF THE THESIS

Chapter 1 An overview of the research situation and theoretical, practical basis Chapter 2 The structure of argument in Ede’s customary laws

Chapter 3 The traditional cultural characteristics of the Ede people reflected in the arguments in Ede's customary laws

Chapter 1 AN OVERVIEW OF THE RESEARCH SITUATION AND

THEORETICAL, PRACTICAL BASIS

1.1 AN OVERVIEW OF THE RESEARCH SITUATION

1.1.1 The research situation of arguments

In linguistics, even since ancient times, the argument has been studied,

called by the term of eloquence, in Aristote's "Rhetoric" From the second half of

the twentieth century, the argument was studied by many linguists, including the authors who have contributed greatly to the issue of researching argument such as: S.Toulmin (1958), Olbrechts - Tyteca (1969), Grize (1982), Perelman (1988),

1.1.1.2 In Vietnam

First, the direction of researching argument in general, in Vietnam, until

before 1993, the argument was still a concept "unfamiliar to Vietnamese linguists, including researchers interested in pragmatics" Later, with the strong development of pragmatics, the problem of argument has been studied by many linguists The authors: Hoang Phe, Do Huu Chau, Nguyen Duc Dan, are the people who have made great contributions to the study of arguments on

Vietnamese materials Second, based on the theoretical framework of

arguments, some works goes deep in describing components of arguments, types of arguments, and instructions of arguments It can be listed some authors

who study the argument in this direction such as: Nguyen Minh Loc (1994) with "Understanding the opposite connector argument " but "in Vietnamese";

Le Quoc Thai (1997) with "The effect of arguments of the description contents, the real words and the operators" only "," the "," to ""; Kieu Tuan (2000) with the topic "The operator arguments of" in fact/ fact "," that "and the argument

relation" Third, the direction of research on specific expression argued in the

text, This research direction uses the theory of argument to describe arguments

in a type of particular text Fourth, the research direction applies the theory of

argument into the practical teaching, can be mentioned: Bui Thi Xuan (1997)

with "The theory of arguments and theory of paragraph and the system of exercises to practice arguement skills in the discourse paragraph for high school students"; Tran Huu Phong (2003) with "Argument with training for high school students how to argue in the discourse paragraph",

1.1.2 The situation of studying customary laws and Ede’s customary laws

1.1.2.1 The situation of studying customary laws in genreral

From the perspective of legal anthropology, the anthropologists, ethnographers, and folklore mentioned theoretical issues, methods of collecting and studying customary laws of ethnic groups The authors have discussed many issues about customary law such as: Alan Dundes addressed the problem

of the customary law concept, Anlan Watson mentioned the problem of approaching customary law, Van Den Dergh refered to the concept of customary law in historical context, Obei Hag Ali refered to the problem of changing customary laws in law, The collection of customary laws of ethnic minorities in Vietnam in the early twentieth century has achieved certain achievements It can be mentioned the published works such as Ede customary law(1926), Stieng customary law(1951), Sre customary law(1951), Bahnar and

Xe Dang customary law (1952), Ma customary law(1957)

1.1.2.2.The situation of studying Ede’s customary laws

The collection of Ede customary law has achieved certain results Specifically, in the early years of the thirties of the twentieth century, the French ambassador in Dak Lak was L.Sabatier organized a collection of customary laws of Ede people by recording the Ede language and recording it

by the writing of this ethnic group called “legal customs” and published in

1927 In 1940, D.Antomarchi translated and published this customary law in the journal of the ancient Far Eastern School (BEFEO) In 1984, Nguyen Huu Tham translated the customary law into Vietnamese from the French version Based on the text of Ede's customary laws of L Sabatier and the new collected

customary laws, Ngo Duc Thinh, Chu Thai Son and Nguyen Huu Tham compiled the book "Ede’s Customary Law (regulatory habit)" (National Political Publishing House, 1996)

In addition to collecting, Ede's customary laws are focused on researching such contents as the organization and operation of customary law; rules on punishment of customary law; elements that underlie customary law; the process of movement and development of customary law; Not only that, Ede's customary law is still considered in reflecting the social values and transformation of this law in the context of modernization

1.2 THE THEORETICAL, PRACTICAL BASIS

1.2.1 The theoretical basis

1.2.1.1 About arguments

a Arguments and the components of argument

a1 The concept of argument: The argument is to give reasons to guide

people to a conclusion in a convincing way

a2 The components of argument

1/ Foundation: It is possible to understand foundation as bases from

which to draw conclusions, each argument can have one or more foundations

2/ Conclusion: the conclusion is what is drawn from the foundation

3/ Instructional components of arguments

i) Operator arguments: Operator arguments are factors that influence a

statement that will create a meaningful orientation that changes the potential of

the speaker's argument ii) Connector argument: are "elements that combine

two or several statements into a single argument

b Classification of arguments

b1 Based on the complexity of the argument

1/ Single argument: The single argument is that there is only one

conclusion, the rest are foundations 2/ Complex arguments: is an argument

that has two or more conclusions This type of argument is also called indirect argument

b2 Based on the position of the argument’s components

1/ Arguments according to the deductive type: This is a way of

presenting, organizing, arranging ideas from the general, the generalization to the particular, the specific; this argument has conclusions before the

foundations 2/ Arguments according to the inductive type: This is a type of

argument that goes from specific, individual opinions and evidence, and then

synthesizes and summarizes those opinions and individual events 3/ Arguments

according to the synthesis-analysis type: This is a way of arguing that often

begins by stating a generalized, synthesized issue, then deploying the analysis

of such general contents into small parts for consideration or analysis, and finally generalizing, raising the analyzed issue to the main point

b3 Based on the presence of the argument’s components

1/ Full composition argument: This type of argument has two

components: foundations and conclusions in an argument 2/ Compact

argument: is an argument that only has an foundation or just a conclusion as a

component

c Characteristics of argument relations

Foundations p and q can be concurrent arguments, when both of them points to a same conclusion Foundations p and q can be opposite arguments, p towards r and q towards -r or vice versa

d Topos – The basis of the argument

d1 The concept of topos: is " the argument that ordinary truths are experienced, without necessity, compulsoryness as the logical premise bearing local

or ethnic characteristics, generalized, thanks to them we build our own arguments”

d2 Types of argument in everyday life: Nguyen Duc Dan divide the

argument in real life arguments into three categories: objective arguments,

personal arguments and social experience arguments

1.2.1.2 Some language- culture issues

a The concept of culture

Culture is the whole of the material and spiritual values created by human in accordance with common awareness and aesthetics, bearing the characteristics of a certain community and accumulated through the practical process, circulated over time

b The relationship between language - culture - national thinking

Language reflects the attributes, nature and existence of culture Language is specified in the words of everyday speech or through the use of words, images, descriptions, comparisons, human thinking, in art texts Art creation reflects many aspects of culture: cognitive culture, collective life culture, personal life culture, behavioral culture, festival culture,

1.2.2 Practical basis

1.2.2.1 Summary of Ede people

Regarding social organization, Ede is the most typical matriarchal society

in the Central Highlands All rules of behaving in the social community, in the

family follows a system of customary laws circulating from one life to another

Regarding beliefs, Ede people follow the polytheistic beliefs of "spiritual

things"- everything has a soul, so in the general activity of Ede village, religious

activities and rituals play a very important role Regarding language, Ede is a

language of Ede pepple The voice of the Ede belongs to the Malayo -

Polynesia language line (Nam Dao linguistic line)

1.2.2.2 Summary of Ede‘s customary law

a The birth of Ede’s customary law

Ede Traditional society is a society formed and developed in a closed space with the domination of many complex relationships; people here always face many problems of life within the limits of a small space and limited cognitive ability That is the reason for the birth of Ede customary law (Regulatory habit)

b The form and content of Ede’s customary law

The content of the Ede customary law is arranged according to each subject area, corresponding to different areas of social life (236 terms are arranged into 11 topics corresponding to 11 chapters)

2.1.1 The components of foundation in Ede’s customary laws

2.1.1.1 The positions of foundation in Ede’s customary laws

The common order in Ede's customary law is the preceding foundation and the conclusion follows according to the inductive logic; the problem is presented from detail to synthesis, from far to near, from single to system, creating the convenient order in expression

2.1.1.2 The number of foundation in Ede’s customary laws

In one argument, Ede's customary law makes a lot of foundations, foundations are arranged next to each other in a linear order with the same structure (listed and repeated structure)

2.1.1.3 The nature of foundation in Ede’s customary laws

Surveying the use of arguments in customary laws can be seen, the concurrent foundations argue in large numbers Ede's customary law has 211/236 arguments using concurrent foundations (accounting for 89.4%), only 25/236 argue using opposite foundations (accounting for 10.6%) The opposite argument appears in some cases (mainly in the partial arguments of a clause) when it is necessary to compare opposition to clarify the nature of the problem

2.1.1.4 Used evidences in foundation in Ede’s customary laws

Evidence can be images, events, things related to the natural world or social life In addition, in foundations, people often use things, facts to describe, explain and express emotions about philosophical family and social issues to increase persuasion

2.1.2 The components of conclusion in Ede’s customary laws

2.1.2.1 The positions of conclusion in Ede’s customary laws

The conclusion of argument in Ede’s customary laws is always behind the foundation Ede's customary law pays attention to how to build the structure of

an argument The general conclusion R of each clause always at the bottom of the argument but there are cases where a major argument contains many partial arguments; these partial arguments include the system of foundations and partial conclusions; they are considered to be single arguments, corresponding

to the major foundations that make the conclusion R The partial conclusions in this single argument are quite flexible: in front, between or after the partial foundations

2.1.2.2 The nature of conclusion in Ede’s customary laws

Conclusion R is always direct and explicit, there is no argument in Ede's customary law to use implicit conclusions The conclusions are consistent with the actual bases (clearly mentioned in foundations), in accordance with the laws

of nature, social and cultural laws of Ede people

2.1.2.3 The relationship between conclusions and foundations in Ede’s customary laws

The conclusion of the argument in Ede's customary law is closely related

to the foundations that precede it; the relationship between foundations, between foundations and conclusions is always a concurrent relationship for the stakeholders to follow Specific issues, details are reserved, general issues are placed later

2.2 ARGUMENT INSTRUCTION IN EDE’S CUSTOMARY LAWS 2.2.1 Operator argument in Ede’s customary laws

2.2.1.1 The survey results of operator argument in Ede’s customary laws

8 gơ\ just, originally 42

10 tơl even, more than that 28

jih … du\m,

how many, how much that, from

to / to, as long as all 21

12 mơh Just, right, that 19

17 hlo\ng,

2.2.1.2 Characteristics and functions of operator argument in Ede’s

customary laws

a Characteristics of operator argument in Ede’s customary laws

a1 Group of operator argument in single form

This operator group consists of words (often particles, linking words, adjunct) or phrases that appear in many arguments in each of Ede's customary

laws The most commonly used operators are: si (as), mse\ (like), mse\ si (like,

just like), lo\ (again), amâo (no, not), ti (both), khăng (usually), tơl (even), s’ai\

(also), …

a2 Group of operator argument in complex form

Many arguments in the terms of Ede's customary law which operators

appear in each coresponding pair as: du\m… du\m (how much… that), jih …

… and), mdê … mdê (ever) This group of operators often appears in compound

sentences, equivalent to the type of structure in Vietnamese, such as: how much

A that B, from A to B, from A until B, as well A as B, both A and B, …

b Functions of operator argument in Ede’s customary laws

It is possible to generalize the function of the operator arguments in Ede's customary law through the following table:

Emphasize content, strengthen

foundations or indications of level

lo\ (again), leh (already), s’a^ (all), khăng (often), gơ\ (naturually), ăt

(still), mơh (right), êjai … êjai (so

so), …; ti (), tơl (even), mtam (tận)

Affirm a certain phenomenon that has

been generalized into a rule

hlo\ng (always), hlo\ng hlo\ng

(always)

Compare in terms of quality si (as), mse\/mse\ si (like, such as)

List the facts khăng (often)

Orientation of meaning for arguments

(creating a concurrent or opposite

features for arguments)

lo\ (again), leh (already), s’a^ (all),

si/mse\/mse\ si (as, such as);

amâo (not)

Reversing the arguments amâo (not), deh (not)

Ability to limit the scope of objects kno\ng (just)

2.2.2 Connector argument in Ede’s customary laws

2.2.2.1 The survey results of connector argument in Ede’s customary laws

kyua, kyua dah, kyua anăn

khă bi, khă … bi

si\t dah, si\t nik

maybe sure

2.2.2.2 Classification of connector argument in Ede’s customary laws

a The group of two-position connector in Ede’s customary laws

a1 Two-position connector introduces the foundation

Group of

tơ, tơ dah

(if, suppose)

raise a basis (conditions, assumptions) for a certain conclusion, usually giving assumptions, conditions that constitute criminal acts in specific cases

can come with anăn, snăn to make a

pair of connectors: tơ/tơ dah … a

năn/snăn (if then); tơ dah can come with si\t nik to make the pair tơ dah

… si\t nik (if (then) sure)

kyua, kyua dah,

kyua/kyua dah can come with anăn, snăn to make the pair (kyua/kyua dah

… anăn/snăn: because so)

appears independently or comes

with anăn, snăn to make the pair: khă bi … anăn/ snăn (as long as)

a2 Two-position connector introduces the conclusion

can be used independently or

in combination with the position connector introduced

two-conclusion such as: tơ, tơ dah, kyua to make the pair tơ/tơ dah/ … anăn/snăn (if then),

or kyua … anăn/ snăn (because of so)

in the foundation

independent appearance

]iăng (to, for) denote purpose relationship independent appearance

si\t dah, si\t nik

(may be, sure)

raise judgment (or reasoning) about a possible ability based on certain signs (assumption) mentioned in the foundation

Si\t dah usually works independently, but si\t nik often accompanies by connector introduced the

foundation tơ/tơ dah to make

a pair of connectors tơ/tơ dah

… si\t nik (If (then) sure)

b The group of three-position connector in Ede’s customary laws

b1 Concurrent three-position connector

[iă dah, bi dah can combine

with khă to make a pair khă …

[iă dah/bi dah (though but)