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Discourse Planning

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Language Choice in Postcolonial Law

Part of the book series: Language Policy ((LAPO,volume 22))

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Abstract

Although discourse has always played a crucial role in the formation and implementation of language policy`, scholastic recognition of its importance was not apparent until the 1990s. Haarmann (1990:105–105) saw psychological preparation for the application of policy to practice as sufficiently independent of corpus and status planning to warrant a distinct analytical category, which he labeled ‘prestige planning’. Neustupný (1994:50) characterised planning as a process that begins with the discursive construction of language problem and ends with their discursive resolution. More recently, Tollefson (2002:5) has called on researchers to pay more attention to how policies mobilise public opinion, and Lo Bianco (2009:103) has highlighted how public texts, as constituents of performative action, shape social alignments behind policies.

In countries like France, Germany, Thailand and China

it’s the respective national languages that are used in the courts, although they also consider English an important language as far as international and commercial matters are concerned. (My translation)

Ahmad Fairuz (former Chief Justice)

(Utusan Online 2008c.12.17)

If you don’t understand English you will be left behind in the law (…) If you want to limit your practice to the lower courts, fine. But if you want to expand, you have no choice.

Zaki Azmi (former Chief Justice)

(in Koshy 2013.9.15)

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Notes

  1. 1.

    While this study mined a wide range of media in both English and Malay, for relative objectivity it relied heavily on online portals under less government control, especially Malaysiakini, whose independence has been recognised by international press monitors; its reader comments have been largely critical of BN yet it regularly carried articles from the government press agency Bernama under the BN regime, including an attack on Pakatan’s election manifesto by the UMNO Youth deputy chief within hours of its announcement on 2018.3.09.

  2. 2.

    http://www.malaysianbar.org.my/component/option,com_joomlaboard/Itemid,/catid,36/func,view/id,509/#509

  3. 3.

    The current Malay President follows two Indians and a Chinese.

  4. 4.

    My translation.

  5. 5.

    Interviewed in Kuala Lumpur, 2013.8.

Cases Cited

  • Dato’ Seri Anwar Ibrahim v Tun Dr Mahathir Mohamad [2010] 3CLJ 444 CA

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  • Lina Joy v Majlis Agama Islam Wilayah Persekutuan, Kerejaan Malaysia Rayuan Sivil no. 01-2-2006(W)

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  • Merdeka University v Government [1982] 2 MLJ 243

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  • Zainun bte Hj Dahan lwn Rakyat Merchant Bankers Bhd & Satu Lagi [1997] 4 CLJ

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Powell, R. (2020). Discourse Planning. In: Language Choice in Postcolonial Law. Language Policy, vol 22. Springer, Singapore. https://doi.org/10.1007/978-981-15-1173-8_6

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  • DOI: https://doi.org/10.1007/978-981-15-1173-8_6

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