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Chapter 6 Rhetorical analysis of agreement authority article in maritime agreements

  • Mary C. Lavissière
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Legal Language and the Sea
This chapter is in the book Legal Language and the Sea

Abstract

This chapter investigates the rhetorical functions contained in the article entitled “Overview of Agreement Authority” in maritime agreements, which fall under the jurisdiction of the Federal Maritime Commission, the American maritime authority. Based on a corpus of 61 agreements and rhetorical analysis, results include a typology of rhetorical functions and issues treated in the agreements and compares them to Trosborg (1997). The dominant rhetorical functions are authorization and agreement; however, issues receive different treatment according to whether they are dealt with in a number of ways or uniquely one way. The findings point to the need to see these documents as giving large liberty to their signatories, rather than constraining them. They also show how constraints may show interaction with other maritime discourse, such as that of maritime authorities.

Abstract

This chapter investigates the rhetorical functions contained in the article entitled “Overview of Agreement Authority” in maritime agreements, which fall under the jurisdiction of the Federal Maritime Commission, the American maritime authority. Based on a corpus of 61 agreements and rhetorical analysis, results include a typology of rhetorical functions and issues treated in the agreements and compares them to Trosborg (1997). The dominant rhetorical functions are authorization and agreement; however, issues receive different treatment according to whether they are dealt with in a number of ways or uniquely one way. The findings point to the need to see these documents as giving large liberty to their signatories, rather than constraining them. They also show how constraints may show interaction with other maritime discourse, such as that of maritime authorities.

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