International Journal of Language Studies
Volume 8, Number 4, October 2014, pp. 49-76
ISSN: 2157-4898; EISSN: 2157-4901
© 2014 IJLS; Printed in the USA by Lulu Press Inc.
Analysis of authentic legal negotiation: Implications for teaching
contract negotiation to undergraduate law students
Anthony TOWNLEY , Koç University Istanbul, Turkey
Mehdi RIAZI, Macquarie University Sydney, Australia
This paper reports a research study that analysed legal negotiation
discourse in response to perceived deficiencies in using textbooks for
teaching legal English writing to undergraduate law students in Turkey.
Micro and macro text analysis were performed on the data sets and
lawyers from the participating law firms were interviewed to discuss
discursive features identified in the textual analysis. The duality of this
analytical approach proves valuable in providing both description of the
lexico-grammatical features and rhetorical structures of the negotiation
discourse process and an understanding of the professional practices
that influence and shape the negotiations. Analytical findings from this
research study represent a comprehensive (intertextually and
interdiscursively oriented) ontology of legal negotiation discourse,
which makes a meaningful contribution to English for Legal Purposes
(ELP) pedagogy. They can also be used for the development of teaching
materials that better prepare undergraduate law students for the
discursive realities and complexities of negotiating commercial
contracts in English.
Keywords: English for Legal Purposes (ELP); Contract Negotiation; Legal
Discourse Analysis; Genre Analysis; Intertextuality; Interdiscursivity
1. Introduction
In 2010, one of the authors of this research paper was appointed to teach an
English for Legal Purposes (ELP) writing program at a private university in
Istanbul. The course is mandatory for undergraduate law students, which was
conceptualized to give them the opportunity to use the (English) language in
legal writing as practicing lawyers or researchers. However, the course
syllabus and textbook materials that the author inherited from the previous
instructor were not based on any empirical needs assessment of the students.
For instance, most of the writing course was designed to teach students how
to analyse and write case notes for United States Supreme Court decisions