Young law students often get confused over the appropriateness and logic of using different terms in contracts and contractual clauses. This improper understanding of the right usage in the initial years usually sustains in their profession as well. Consequently, vague terms and ambiguities often become the root causes of contract interpretation disputes. Contract drafting skills and a strong hold on legal English are valued highly in the legal profession. Therefore, a systematic exposure to legal English is required in the formative years. The present working paper explores Prototypical theory of Polysemy by Cognitive Linguists in teaching legal English to the students of law. An introduction to the concept of 'Polysemes' and a discourse analysis of already existing contracts for polysemes is planned for the students. This is done to make students read some authentic legal contracts, understand and analyze them through discourse analysis for learning contract drafting. The study includes references to different types of contracts and clauses like those in the contract for sale of goods, contract for performance of services, memorandum of understanding, non-disclosure agreements, international contracts and other commercial contracts like memorandum and articles of association among others. The study is done to help students understand how appropriate selection of words is crucial in contracts and to help them learn contract drafting.
'Creativity' is a characteristic feature of a language as it keeps on adding new words to its dictionary every year. There is also a contradictory feature of language often less discussed upon, which talks of economy of language (Ullmann, 1962: 118; Pesina & Latushkina, 2015: 488). This special characteristic of language recounts 'Polysemy'. 'Polysemy' occurs when a linguistic unit stands for more than one distinct yet associated meanings (Kovacs, 2011: 3; Richard, 2018: 2). Without this feature of multiplicity of meanings associated with a word that changes with the change in contexts, language would just become a 'collection of labels' (Pesina & Latushkina, 2015:488).
Among specialized languages, everyday English shares many words with legal English that make legal lexis 'necessarily polysemous' in nature (Richard, 2018: 1). Some polysemous words even carry different meanings in different legal genres that amount to internal polysemy in law (Soboleva, 2015: 179; Richard, 2018: 2). A well-known example of internal polysemy is the word 'shall' whose meanings change with the change in context or change in the type of legal text. 'Shall' is used in many semantic variations that makes it closer in sense to may, must, should etc. (Krapivkina, 2017: 305). The varied expressions of such words in diverse legal genres lead to the requirement of deciding the context because a word may have same meaning for one genre that might differ from its meaning in the other genre (Gozdz-Roszkowski, 2013: 94; Post, 2006: 12). Also, within a legal genre it is not advisable to look for synonyms of these specific words as this might cause a complete change in the meaning in a legal context.
Legal language in contracts accounts to polysemy as there is a frequent use of common words with uncommon meaning and hence freshers in law schools usually end up doing ambiguous interpretation of contracts. A very common example of this is the word 'consideration' which in contractual language means payment, money or the benefit received but it means 'a careful thought' in common usage. There is no denying to the fact that there are also many words that are exclusive to legal lexis and are not very commonly used in general English nor they have any polysemous nature. But there are certain words that have their derivation from general English or registers of some other specialized languages. When such words are adopted in legal language, the change in context changes their interpretation and such words behave polysemous and often confuse the students on their usage. The students usually struggle finding appropriate words not only in reading and interpreting but also in drafting and translating the contracts. Contracts are abundant in such meanings which usually do not receive any separate attention in the classroom teaching of Law of Contracts or any other legal subject. One way of learning contracts is to ensure that it is backed up by language counseling (Ismail & Yusof, 2008; Ya'acob et al., 2012). Language teachers in law schools can make students understand polysemy in legal language helping them acquire the legal language efficiently. They need to focus on such vocabulary related problems and plan their teaching methodology accordingly.
Traditional linguists have considered that all sets of categories of meanings for a word are equal and hence they consider polysemy as a linguistic phenomenon. Cognitive linguists believe that there are two types of categories for semantic description of words prototype and non-prototype members (Qiang, 2014). They, unlike traditional linguists believe that Polysemy is not purely a linguistic phenomenon but rather a conceptual procedure which is very dynamic and evolving in nature. Its evolution depends on the constantly changing varied contexts (Beitel et al., 2001; Pesina & Latushkina, 2015; Kizińska, 2010; Taylor, 2003; Soboleva, 2015: 179). Structuralists have also related the several meanings of a polysemous word to “contextually determined realizations” (Cuyckens & Zawada, 2001: xi). Sematic analysis in a context needs a thorough understanding of the polysemous words occurring very frequently.
Lakoff (2008) in his cognitive approach to polysemy emphasizes on the importance of categorization through prototype theory. He states, “There is nothing more basic than categorization to our thought, perception, action and speech.” (1987: 5). While understanding polysemy properly it is more important to find out how certain multiple meanings are associated in a systematic and natural way than to acknowledge the existence of these multiple meanings. Lakoff (2008) proposes one prototypical meaning for a word that runs across all contextual senses which he calls radial meanings. According to him, in the core lies a prototypical meaning with many radial meanings categorizing the word under polysemy (See Figure 1). The radial meanings of the polysemic words have their origin in figurative meanings with literary associations of metaphor, metonymy and image schema. Metaphor has always been perceived as a poetic device to be searched in the literature for the comparisons made. The similarities found in the comparison are not pre-existing but depend on the perception and understanding of individuals. Metaphor can be traced easily in our everyday perception of things and becoming cognizant of the similarities between them (Manasia, 2016). This attribute of metaphors qualifies it to be categorized not only under linguistic domain but also under cognition. The figurative meanings especially metaphor are the indicators in various contexts for a word that lead to the occurrence of the phenomenon of polysemy.
In a closely related study on polysemy, Pesina and Latushkina (2015) also give a solution to understand polysemy by introducing the concept of Lexical Eidos (LE) which is also known as the 'semantic formula' of a word. They emphasize that if somebody remembers LE of a word it is easier to understand the figurative meanings associated with it. LE can be associated to the prototypical meaning proposed by Lakoff (2008) as both emphasize on understanding the central meaning of any word in order to have a grasp over the radial meanings (See Figure 1).
Figure 1. Association of Prototypical Meaning / LE and Radial Meaning
The present paper is a working paper that aims to highlight the importance of understanding the prototypical meaning or LE of a word used in contracts along with the radial meanings and to trace what kind of associations these radial meanings have with the core meaning or the prototypical meaning of that word.
To understand the creation -conception relationship of any word that behaves polysemous, Prototypical theory provides a comprehensive approach. The classification/ categorization done in the approach may lead to the enhancement of mental mapping and grasp over the words. These categories work as inputs for pedagogical purposes and help in planning a very systematic progression of students into the polysemous legal lexis. Zhang (2017) asserts that out of the many meanings associated with a word, one lexical item is more central and represents the prototypical meaning. The peripheral/ radial meanings are extensions of this prototypical meaning and can be easily identified as associated through the cognitive mechanisms of metaphor or metonymy. The study also implicates that the prototypical meaning should be central to teaching vocabulary, further extending it to different radial meanings. Qiang (2014) talks about the concept of 'markedness' pattern in semantic category and discusses that how prototype theory can be an effective means of teaching polysemous vocabulary to students. The terms 'marked' and 'unmarked' meanings explained in the paper can be related to radial/specific meanings and prototypical meanings respectively. Johnson (1985), advocates that Prototype theory can be utilized in the pedagogical practices at the level of discourse analysis that extends it further from lexical and grammatical levels of analysis. This implicates that semantic analysis of certain discourses like contracts, in the present study, helps the teachers and students collaboratively undertake an investigation through prototypical theory. This aspect unlocks prospects for linguists and teachers to extend the Prototypical theory in classrooms for advanced language acquisition.
The present study is an educational intervention that aims to employ cognitive linguistics' Prototypical theory of Polysemy (as its theoretical base) and discourse analysis (as data collection and pedagogical technique) to facilitate teaching of polysemous words occurring in contracts. The study aims to facilitate the students with the practice of reading and understanding various contracts. The interdisciplinary teaching methodology has been researched and devised by collaborative efforts of the instructors of 'Legal English' and 'Contracts'.
First year law students are the target group in the study as they are freshly exposed to legal terminologies in contracts and other law subjects. As core subjects, 60 first year students were taught Legal English and Contract Law according to the sections and provisions under the Indian Contract Act, 1872. This teaching intervention is an attempt to familiarize them with the polysemous legal words and make them practice those words.
At the beginning of the course, the students were introduced to the concept of Polysemy whereby they were instructed to assess each section not only legally but also by keeping track of words which indicate polysemy. While studying the contracts, the students were given a list of 50 words (pre-prepared by the instructors) and they were required to read the contracts for those words and refer the polysemous meaning of the words, if any. Periodically, during tutorial hours, such words were discussed with Prototypical theory of Polysemy to make students understand the nature of polysemy in legal lexis.
In the light of the general principles emerging from the contract law and the special contract, students were asked to study few common contracts including the contract for sale of goods, contract for performance of services, memorandum of understanding, non-disclosure agreements, and the memorandum and articles of association of a company. All these contracts have terms and stipulations which are developed based on the requirements of the clients, however, there are some basic “words” that are used which can be found in most forms of contracts.
The present paper is a working paper on the ongoing research on exploring cognitive linguistic approach in pedagogy of legal English. Only a few selected words have been discussed here out of the 50 words to understand how polysemous words' meanings are associated in a systematic and natural way, and how even deducing a prototypical meaning after analyses of different texts help students better understand and automatize legal vocabulary.
Mitsugi (2017), in his study on prepositions, suggests that the prototypical meaning in cognitive linguistics can prove to be extremely operative as a pedagogical tool for developing comprehension and usage of polysemous words, and more research is required while targeting other parts of speech. The present study includes references to different types of contracts and clauses. Initial reading of these contracts was provided to the students for discourse analysis and for finding out some common words that differ in their meaning in contractual language.
Discourse analysis has been used as a data collection cum pedagogical tool to explain the nature and usage of polysemous words to students keeping prototypical theory as its conceptual base. A few words have been discussed the way they have been taken up in the classroom teaching of polysemy for contract vocabular y enhancement. The explanation to prototypical meaning or LE of the words has been done associating it with all possible radial meanings. The nature of radial meaning associations in the form of figurative associationsmetaphor or metonymy – is also discussed. The exercise is done to make students benefit out of interplay of linguistics, legal language teaching and cognition.
Figure 2. Prototypical and Radial Meanings of 'Party'
Metaphoric figurative associations are found in the radial meanings, as all meanings indicate to some sort of group affiliation to each other for a specific purpose in different contexts. So, change in contexts for the term 'party' changes the meaning but all meanings remain associated with the prototypical meaning. All radial meanings comprise some common event or organization in different contexts.
Performance: The second word in hand is 'performance'. The prototypical meaning assigned to the word during discourse analysis as an act/display. The word has its metaphorical connotations in different streams. In contractual language it means 'doing what is required in a contract'. In contract drafting, a student must specifically mention the time, date and mode of performance of a contract. For example, Illustration to Section 45 of the Indian Contract Act, 1872 says that, “A, in consideration of 5,000 rupees, lent to him by B and C, promises B and C jointly to repay them that sum with interest on a day specified. B dies. The right to claim performance rests with B’s representative jointly with C during C’s life, and after the death of C with the representatives of B and C jointly.”
In businesses, it means profitability of any investment and in colloquial language it is usually understood to be presenting something on stage or in front of someone (See Figure 3).
Figure 3. Prototypical and Radial Meanings of 'Performance'
Figure 4. Prototypical and Radial Meanings of 'Incur'
Contextual shades of the meanings of the word make it apt to be categorized under metaphoric associations. Like Section 175 says,“Pawnee's right as to extraordinary expenses incurred. The pawnee is entitled to receive from the pawnor extraordinary expenses incurred by him for the preservation of the goods pledged".
Figure 5. Prototypical and Radial Meanings of 'Damage / Damages'
Illustration to Section 75 of the Indian Contract Act, 1872 can be used as an example for the term “damage” and it says, “ A, a singer, contracts with B, the manager of a theater, to sing at his theater for two nights every week during the next two months, and B engages to pay her 100 rupees for each night’s performance. On the sixth night, A wilfully absents herself from the theater, and B, in consequence, rescinds the contract. B is entitled to claim compensation for the damage which he has sustained through the non-fulfilment of the contract". Here the term compensation is equivalent to the word damages.
Another example for the use of the word damages can be seen in the Illustration to section 224 of the Indian Contract Act, 1872, “(a) A employs B to beat C, and agrees to indemnify him against all consequences of the act. B thereupon beats C, and has to pay damages to C for so doing. A is not liable to indemnify B for those damages".
Figure 6. Prototypical and Radial Meanings of 'Termination'
In general English, it means end of any kind of service. The meaning 'associations' are metaphoric in nature. Example, Section 202 of the Indian Contract Act, 1872 talks about the termination of agency where the agent has an interest in subject-matter and says that, “Where the agent has himself an interest in the property which forms the subjectmatter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.”
Negotiate: The prototypical meaning of the word 'negotiate' is to bring about something by discussion or efforts (See Figure 7). Contract negotiations are a process that involves discussing and compromising on contract terms in order to reach a final agreement between two or more parties involved in a transaction.
Figure 7. Prototypical and Radial Meanings of 'Negotiate'
In general English it also means to find a way over or through (an obstacle or difficult route). The metaphoric meaning is found in contractual usage that means to reach a final agreement through discussion.
Undertake: The word 'undertake' has the core meaning 'to take on something'. In contractual language it means any business taken on, and in general usage it is generally used with pledge and mortgages. The metaphoric radial association are quite evident in both cases (See Figure 8).
Figure 8. Prototypical and Radial Meanings of 'Undertake'
For example, the legal use of the word 'undertake' can be found in the illustration to Section 49 of the Indian Contract Act, 1872: A undertakes to deliver a thousand mounds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for the purpose of receiving it and must deliver it to him at such place.”
As mentioned, the present paper is a working paper on the ongoing research on exploring cognitive linguistics approach in pedagogy of legal English, the discussion is limited to only a few words to understand how polysemous words' meanings are associated in a systematic and natural way. Further research aims at a longitudinal research (extending over a few semesters and involving corpus discourse analysis of contracts) and at students' feedback on the usefulness of this teaching intervention.
The observations made from the study implicate that polysemy approach to vocabulary teaching could prove to be an effective pedagogical tool. The approach from a cognitive linguistic perspective helps students analyze new words that appear in contracts from a fresh perspective and make them work at metacognitive level. Discourse analyses done to find out some words and explore them for meanings, not only at the level of legal meaning in contracts but also at all possible meanings in various field of knowledge help them mind map the interrelatedness of those meanings through the prototypical meaning or the lexical eidos. The systematic relation analysis of meanings also helps them induce an innovative prototypical meaning for a word. The study also implicates that understanding of metaphorically associated meanings help students understand contextual differences in meanings of polysemous words. The skill acquired have implications in vocabulary enhancement in other fields as well. Further detailed linguistic analysis of metaphoric meaning associations in legal English as well other domains of knowledge may be taken up to explore prospects of vocabulary building.