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542 Language Maintenance and Shift

Language Maintenance and Shift


M Brenzinger, University of Cologne, Cologne, 6000 languages spoken today? Whatever possible sce-
Germany nario for language evolution one chooses to believe, it
ß 2006 Elsevier Ltd. All rights reserved. seems certain that our present language inventory is
the remnant of a much richer pool. Furthermore, the
shrinking of linguistic diversity seems to have picked
On the whole, the extent of endangerment of the up speed in the last few thousand years. This situation
world’s language diversity reflects the distribution of is of immediate concern to many linguists and numer-
languages on our planet. The highest density of ous ethnolinguistic communities.
endangered languages seems to exist in the linguisti- Terms like ‘language death,’ ‘language murder,’
cally heterogeneous parts of the world. It happens ‘language suicide,’ and ‘killer languages’ evoke pic-
that countries with very high numbers of languages tures in which languages themselves are alive or dead.
are near the equator, such as Papua New Guinea, Languages are portrayed by these terms either as
India, and Mexico, as well as the countries of central suffering victims or as aggressive offenders, prior to
and western Africa. any scholarly analysis. We should keep in mind that
An analysis of language endangerment globally all spoken tongues are no more and no less than
shows that a crucial difference in language shift set- variations of human language. Groups of people
tings seems to be between contexts of globalization, may foster or give up an ethnic language, the latter
nation-state contexts, and subnational contexts. In a having happened thousands of times. Communities
substantial part of the world, namely Australia, the and individuals who give up their ethnic language do
Americas, Europe, and Japan, minority languages are not end up in total silence, unable to communicate
increasingly under threat as they are replaced by the with anyone any longer. Such language shifters usual-
official languages of nation-states. However, this does ly acquire ‘modern’ and more ‘useful’ languages. Lan-
not hold true for the vast majority of endangered guage is one – some say the most important – asset of
languages spoken elsewhere, for example on the culture and identity. But cultures as well as identities
African continent. With about one-third of the change over time. Why then do some linguists seem to
world’s languages, this continent is among the most think that the status quo of language usage could and
linguistically rich areas on our planet. should be frozen?
Language maintenance activities emerge in quite While scholars would do well to refrain from senti-
different contexts and facets. Some French and mental statements on languages of other people, they
Afrikaners feel a pressing need for such supportive may very well respect and assist in spreading the
measures even though their languages seem not to be emotional attachment of the speakers themselves to
immediately threatened by extinction. In contrast, their language. Minorities and their offspring very
speakers of endangered minority languages may re- often experience the loss of their heritage languages
fuse to get involved in activities that aim to maintain as traumatic. For example, as First Nations people in
or revitalize the use of their ethnic tongue. Among Canada phrase it, without an ancestral language,
linguists, the stances toward language maintenance people are no longer able to relate to their environ-
also vary considerably. Some seem to want to work ment or to their spiritual world. Khwe in Namibia,
toward a maintenance of the world’s linguistic di- Bretons in France, Ainu in Japan, Frisians in the
versity, which implies a challenge to either human Netherlands, Mohawks in Quebec, and many other
evolution or a creationist design. On the other ex- ethnolinguistic minorities feel that way and want to
treme, some linguists do not see it as their duty to maintain or regain their languages. With such com-
get professionally involved in language maintenance munities, the question arises, what can be done and
activities. In the following account, language main- by whom?
tenance activities will be discussed with merely a The Intangible Cultural Heritage Unit of UNESCO
pragmatic focus, i.e., the options and roles for speech has been working for more than 20 years with mem-
communities, linguists, and international bodies such bers of endangered language communities and lin-
as the United Nations Educational, Scientific, and guists toward establishing an Endangered Language
Cultural Organization (UNESCO). Section. These initiatives have resulted in the for-
Has there ever been a Homo sapiens sapiens proto- mulation of the documents ‘Language Vitality and
language, which, some 100 000 or 200 000 years ago, Endangerment’ as well as ‘Recommendations to the
started a 12 000-year-long process of diffusing into Director General’ labeled ‘Action Plans’ in March
more than 100 000 languages, which have been 2003. I will highlight some of the key issues discussed
reduced from that number to the approximately in these documents.
Language Maintenance and Shift 543

It seems to me that there are basic differences in Global Context


the types of language endangerment in different lan-
Looking at the dynamics by which languages gain
guage contact settings. While we are quite familiar
speakers in the context of globalization, we find that
with the language endangerment situation in nation-
only a few languages benefit from global merging,
state contexts, as found for example in the Americas,
and these languages at present seem to be mainly
Australia, and Europe, we still know little about the
English and Spanish. The international exchange of
other parts of the world. The greatest linguistic diver-
knowledge and world trade are conducted to an in-
sity still exists in Papua New Guinea and in Africa
creasing degree in only a few world languages, and
south of the Sahara. The threat to these languages some scholars seem to expect that, given this tenden-
differs from that in the previously mentioned parts
cy, a world culture, based on one common language,
of the world.
will finally emerge from these developments.
Ethnolinguistic minorities from nation-state con-
But up to now, we can state that languages have not
texts, such as the First Nations people in Canada or
been replaced in the context of globalization. The so-
the Amazigh in Morocco, may benefit from examin-
called world languages – increasingly English only –
ing the living experience and common practice of
are acquired as additional and not as first languages.
multilingualism in most sub-Saharan African com-
For example, the integration of the new European
munities. The latter, in turn, must learn about the Union member states accelerates the spread of
experiences of minorities in nation-states because
English as the European lingua franca. In the course
this will be their challenge in the near future.
of this process, French will further lose second lan-
UNESCO is playing an important role by supporting
guage speakers, but at the same time, none of the
African governments in establishing language policies
European national languages, especially not French,
that might help to allow for cultural and linguistic
will lose first language speakers to English (‘After
diversity within their nation-states.
Babel,’ 2004).
The role of UNESCO in that process is threefold.
UNESCO addresses governments on their educa- Nation-State Context
tional and cultural policies within the frame of its
In the context of nation-states, governments obviously
‘Universal Declaration on Cultural Diversity’ of
rely on the languages in which they run the countries.
2001. But UNESCO in addition requests the active
National majority languages are widely established
involvement of linguists and speech communities to
and used in administration, politics, science, and edu-
safeguard the still-existing linguistic diversity. Noriko
cation, as well as in media and literature. Such national
Aikawa, director of the Intangible Heritage Section
languages may not be confined to single political-
of UNESCO, stated in 2001: ‘‘UNESCO’s future
administrative territories; the same language may be
strategy on languages is to strengthen co-ordination
in such a dominant position in several nation-states.
between language research, policy and education
National languages may also not cover an entire
programs. The results of research should be immedi-
nation-state, as we see in Quebec. However, common
ately incorporated into appropriate language policies,
to all these national languages is the criterion that they
educational planning and pedagogical tools.’’
are instrumentalized by governments, and with that
(Aikawa, 2004: 35).
they receive official support and recognition within
nation-states.
Languages Are Threatened in Different
In the same context of nation-states, we often find
Settings
minority languages, which are threatened and mar-
The scenarios in which the world’s language diversity ginalized by the dominance of established national
is threatened range from subnational settings to na- languages. Languages of this latter type are, for
tional contexts and finally to environments that are example, Japanese, Finnish, German (German, Stan-
formed by processes associated with globalization. It dard), and Dutch. In their areas of domination they
is crucial, indeed, for the understanding of various endanger minority languages such as Ainu, Saami,
aspects of language endangerment, to consider the Sorbic, and Frisian, respectively. At the same time,
specific contexts in which language shifts occur. In various forms of English are threatening and
the following discussion, three different settings of replacing minority languages in quite a number of
language contact situations will be distinguished: the nation-states, such as the United States, Canada,
global context, the context of nation-states, and the the United Kingdom, Australia, and New Zealand.
subnational context. Within north African states, national Arabic varieties
544 Language Maintenance and Shift

are expanding – not only as a second language but language of the pastoralist. Thus, African minority
also as a mother tongue – and replacing the ancestral languages are threatened and replaced by other
languages of Amazigh communities. African languages, languages which themselves are
Kiswahili (Swahili), in the Republic of Tanzania, very often minor languages within the nation-state.
and Setswana (Tswana), in the Republic of Botswana, Ethnolinguistic minorities in sub-Saharan Africa
are among the few African languages that are estab- generally live in complex language contact situations
lished as media of nationwide communication. Only in which they are marginalized in subnational con-
these two sub-Saharan African languages have been texts and for various reasons. The processes that
described as threats to other languages in the context may lead to the extinction of their languages are very
of the nation-state. Kiswahili threatens more than 130 different from those that affect minority languages in
other Tanzanian languages, while Setswana does the the contexts of nation-states. In the latter context,
same to about 30 languages spoken in Botswana. minority languages are generally threatened because
Other African languages with a nationwide distribu- they are dominated by national majority languages. In
tion, such as Kinyaruanda (Rwanda) and Kirundi sub-Saharan Africa, in contrast, most languages of
(Rundi), do not threaten minority languages at ethnolinguistic minorities have survived until today
all, because no minority languages exist within the precisely because their speakers have been and are
national boundaries. being marginalized and neglected, in other words,
excluded from national developments. Of course,
Subnational Contexts this should not lead us to be cynical and to conclude
that it may be better to let the people suffer in order
Minority languages in many parts of the world, how-
to keep their languages alive, so to speak. With
ever, are threatened in subnational contexts. In sub-
continued efforts and good fortune, the sub-Saharan
Saharan Africa, as just mentioned, very few African
African nations, too, will progress further, and nation-
languages are established nationwide. On the nation-
states there will become the dominant frames
al level, African governments predominantly use the
imported languages of the former colonial powers, of reference for minorities and their cultures. Then,
policies that respect and appreciate cultural and
and these are the prevailing languages in national
linguistic diversity as an asset rather than an obsta-
administration, in secondary and higher education,
cle to national unity may help to foster the use of
in modern literature, etc. In most African countries,
heritage languages among minority communities.
the knowledge of these imported languages is still –
This seems to be one of the most prominent fields for
after 40 years of independence – confined to the
further activities for UNESCO and also for linguists.
educated elite in the urban centers. One indication
that imported, formerly colonial languages have
Which Languages Are Endangered?
not developed into the languages of the masses is the
fact that not a single African language has so far The evaluation of the state of vitality of any language
been replaced by French and English. The only excep- is a challenging task, mainly because speech commu-
tion on the African continent seems to be the lan- nities are complex and language use patterns within
guage of the Guanche on the Canary Islands, who these communities are difficult to explore. In addi-
lost their Amazigh language to Spanish after their tion, poor infrastructure and rigid political conditions
final defeat in 1496. If we consider Afrikaans as a may not even allow for determining the number of
European language, then of course quite a number of actual speakers of a language.
Khoisan languages have been replaced by that Indo- In 2001, an Ad-hoc Expert Group on Endangered
European language, which is spoken exclusively on Languages was asked by the Intangible Cultural
the African continent. Heritage Unit of UNESCO to prepare a draft over-
For that reason, language displacement in sub- view of the threat to the world’s language diversity.
Saharan Africa occurs, in by far the most cases, in From March 10 to 12, 2003, an International Expert
subnational contexts, i.e., minority languages are Meeting on Endangered Languages was held at
generally not replaced by established national major- the UNESCO headquarters in Paris, and linguists
ity languages. Language shift takes place in local con- and language planners, representatives of nongovern-
tact situations and for quite different reasons. For mental organizations, and members of endangered-
example, speakers of a minority language may shift language speech communities discussed the draft.
from their language to another due to the adoption of Two documents, namely, ‘Language Vitality and
a different religious faith. Former hunter-gatherer Endangerment’ and recommendations to the director
communities may assimilate to pastoral societies not general (labeled ‘Action Plans’), were formulated in
only in the mode of production but also by taking the March 2003.
Language Maintenance and Shift 545

Table 1 Factors for assessing endangered languagesa Factor 6 relates to the stage of development of a
Degree of endangerment given language (‘Ausbau’). Is there a community or-
1. Intergenerational language transmission thography? Have they agreed on a common standard
2. Absolute number of speakers form for writing the language? Do teaching and
3. Proportion of speakers within the total population
4. Loss of existing language domains
learning materials for the language exist? Is literature,
5. Response to new domains and media such as newsletters, stories, religious texts, and so
6. Material for language education and literacy forth, published in that language?
7. Governmental and institutional language attitudes and Factor 8 assesses the speakers’ attitudes toward
policies, including official status and use their ethnic language, and factor 7 deals with the
8. Speakers’ attitudes towards their own language
Urgency of documentation
government’s policies toward that language. And fi-
9. Amount and quality of documentation nally, factor 9 attempts to evaluate the urgency for
documentation by asking for the quantity and quality
a
UNESCO, 2003. of existing analyzed language data.
For minority languages in national contexts, such
In the first document, nine major factors are iden- as in Canada, New Zealand, and Morocco, it is obvi-
tified to assess the language situation of endangered ous which of the languages have to be regarded as
languages (see Table 1). being endangered, i.e., the First Nations languages,
Factors 1 through 6 focus on the assessment of a Maori, and Amazigh, respectively. In other contexts,
language’s vitality and its state of endangerment. The all these nine factors should be taken together in
single most important factor is the first one, which surveying the overall sociolinguistic situation of a
asks for the extent of language acquisition among the language with respect to its degree of endangerment.
children within a community. It is obvious that a
language without any young speakers is seriously
What Is Actually Lost When Languages
threatened with extinction.
Vanish?
Factors 1 through 5 are meant to capture the
dynamics of the processes of a given language shift The preamble to UNESCO’s ‘Language Vitality and
situation. The proportion of speakers within a com- Endangerment’ document includes the following
munity (factor 3) reveals an important aspect of statement:
language vitality: is the minority language an essential
The extinction of each language results in the irrecover-
indicator for being regarded as a member of the
able loss of unique cultural, historical, and ecological
community or not? The Arggobba in Ethiopia, for knowledge. Each language is a unique expression of the
example, strongly insist on and declare their ethnic human experience of the world. Thus, the knowledge of
identity and origin even though their language has any single language may be the key to answering funda-
disappeared and it is not known whether any speak- mental questions of the future. Every time a language
ers of Arggobba still exist among the more than dies, we have less evidence for understanding patterns in
60 000 Arggobba. the structure and function of human language, human
Loss of domains (factor 4) for an ethnic tongue may prehistory, and the maintenance of the world’s diverse
be triggered by, for example, the introduction of for- ecosystems. Above all, speakers of these languages may
mal education or by new job opportunities for mem- experience the loss of their language as a loss of their
original ethnic and cultural identity. (UNESCO, 2003: 2,
bers of minority groups. A change in religious
with permission.)
affiliation can also result in a shift to another mother
tongue, a language that is associated with the new Obviously, linguists need language data from as
religion (factor 5). For example, Hausa and Dyula many languages as possible in order to reconstruct
(Jula) spread in west Africa along with Islam. An language history, set up typologies on aspects of
outstanding example of the correlation between lan- structure, or understand concepts underlying lan-
guage and religious affiliation is the community of the guages. But above that, do endangered languages
Jeri leatherworkers, who live among the Sienare offer anything special to linguists?
Senofo in the northern part of the Ivory Coast. The In his article ‘The endangered languages of
members of the Jeri community abandon their Ethiopia: what’s at stake for the linguists?’ Hayward
own language and adopt two different languages (1998) provides several examples of unusual struc-
as new mother tongues according to their reli- tural phenomena that exist only in endangered
gious affiliation: ‘‘Sienare with the non-Muslim, Ethiopian languages. For example, an established
and Manding with the Muslim Jeri’’ (Kastenholz, typology of number systems had to be fundamen-
1998: 259). tally revised because of linguistic forms found in
546 Language Maintenance and Shift

Bayso (Baiso), an endangered language spoken in the ‘‘homogenizing force of Maasai society and culture’’
southern part of Ethiopia. (Cronk, 2004: 143). Cronk captured an experience
The lexicon and categories of each language are I had while working with a Yaaku elder in 1990:
based on and reflect a certain conceptualization of
One day while conducting an interview with an elder-
the world. The human population shares more and
ly Mukogodo man about the old language [Yaaku],
more perceptions of the world channeled through a Brenzinger played back some Yaaku phrases that the
rapidly spreading global culture. With that, concepts man had spoken earlier into a tape recorder. At first,
diverging from the global norms are rapidly fading the man was delighted to hear the old language, even if it
and appear to be the most vulnerable assets of lan- was coming from a box rather than from a person. Not
guages. The numeral systems, spatial orientation, and really understanding the principle of the tape recorder,
taxonomies are only some of the areas that are being he tried engaging it in conversation, giving the custom-
homogenized in this process (Brenzinger, 2003). ary cheery ‘Eiuwuo!’ response to the recorded greeting
As a final example, even the sounds of languages ‘Aichee!’ But soon it became obvious that the tape re-
may no longer be heard, which is unquestionably an corder did not really know how to carry on a conversa-
tion in Yaaku. The man first became frustrated, then
essential loss, maybe not only for linguists. The bila-
very angry, and finally he began to weep. (Cronk,
bial click, also referred to as the ‘kiss click,’ had been
2004: 83, with permission.)
reported by the late Oswin Köhler (personal commu-
nication) to be extinct with the death of the last In 1990, only a few elders remembered fragments
speaker of a Southern Khoesan language in the early of the old Yaaku language, and the emotional affec-
1970s. At the same time, Anthony Traill collected tion for the Yaaku language, as expressed in the above
language data from !Xóõ, ‘‘the last of the Southern story, was not shared by other community members.
Bushmen languages that were once spoken through- The young members of the community were not in-
out southern Africa’’ (Traill, 1985: 6). With these terested in the language of their grandparents, whom
approximately 1000 speakers of variants of !Xóõ, a they thought of as ‘primitive’ cave people, even
unique sound of human language, the kiss click, has though some of them were still alive. The community
survived until today. had adopted the Maasai lifestyle and values in sharing
In turning to the speakers themselves, we may ask: the high appreciation for cattle and Maasai customs
do they suffer from any loss when they abandon their such as female circumcision, the age-set system
heritage language? (in which groups of men go through initiation
Lee Cronk, an American social anthropologist, has and other stages of life together), and marriage
studied the change in ethnicity and culture of a former ceremonies.
hunter-gatherer people in Kenya. This community Although the Mukogodo-Maasai decided to aban-
was formerly known as Yaaku, then Mukogodo, don their former language and culture, many other
and today they belong to the Maasai society. The indigenous peoples insist that linguistic (and ethnic)
community lost the former Cushitic language and identity is essential and enables them to respond to the
adopted the Maa language. The Mukogodo took everyday challenges in their lives. The deep-rooted
over the pastoral mode of production and along emotional affection of many speakers for their
with that the culture of the Maasai. language has been expressed very often. The follow-
ing statement is by Christine Johnson, a Tohono
Mukogodo [born around the 1930s] and before were
O’odham elder, for the American Indian Language
born in rock shelters, grew up speaking Yaaku, and ate
Development Institute in June 2002.
honey and wild game. Younger people were born in
small houses, grew up speaking Maa, and drink milk I speak my favourite language
and eat meat from goat, sheep, and cattle. In the past because
few decades, Mukogodo have also begun attending that’s who I am.
schools, getting jobs in and outside the Mukogodo We teach our children our favourite language,
area, and even traveling to Ulaya [Europe] itself. Change because
has been the norm for most humanity for the past centu- we want them to know who they are. (UNESCO, 2003: 1)
ry or more, and nowhere has it been faster or more
dramatic than among the Mukogodo. (Cronk, 2004: 2, There are members of various globally dominant
with permission.) cultures who think that the worldwide spread of one
language, of course their own (together with their
Maasai culture has spread over a wide area of culture, economy, and religion), would be for the
east Africa, and several hunter-gatherer communities benefit of all humankind. Obviously, not everyone
have lost their distinct identity and language in the agrees on that. However, one also has to respect the
Language Maintenance and Shift 547

will of communities that decide to abandon their which speakers of endangered languages are trained
language and culture, as described with the former to study and document their own languages is possi-
Yaaku, today’s Mukogodo-Maasai. ble with quite a few ethnolinguistic minorities. And
an exceptional case for the African continent is the
Royal Institute for the Amazigh Culture, in which
What Could and Should Be Done?
professors and researchers have worked since Octo-
What is the first priority when languages are ber 17, 2001, in a national research institute at the
threatened by extinction? Among scholars, there is University of Rabat to document and develop their
hardly any argument: documentation, i.e., research own threatened mother tongue, Amazigh.
on and collection of data from endangered languages,
is the fundamental task for linguists working in this Language Policy
field.
Language policy is a highly sensitive issue in well-
Within ethnolinguistic communities discussions on
established democracies and even more so in
the future of their ancestral languages are far more
countries that are still struggling to find their way to
complex, and quite diverse opinions are expressed.
good governance. Very few linguists are actively
Those speaking endangered languages often consider
involved in the formulation of national language poli-
their own language as being backward and not func-
cies in countries of the first kind, and none I know of
tional for themselves and future generations. Other
in those of the second.
communities, however, experience threats to their
In the educational sector, quite a number of lin-
languages as a crisis and commit themselves to lan-
guists are engaged in implementing mother tongue
guage (re)vitalization activities, establishing envir-
education programs to safeguard ancestral languages.
onments, such as kindergartens, in which their
Mother tongue education has become more popular
languages are exclusively spoken in order to stabilize
in most parts of the world over the past 15 years, and
their mother languages among the young generation.
UNESCO has been instrumental in this development
An increasing number of ethnolinguistic minorities
through its policy statements and related activities
want more. Firstly, they demand control over the
since 1953.
terms and conditions that govern the conduct of re-
Looking at endangered languages, however, we
search; secondly, they claim rights on research out-
find that in many Asian and African countries, so-
comes and also want to have a say in how research
called mother tongue education does not refer to the
results should be used and disseminated.
ancestral languages of ethnolinguistic minorities but
There is a minimal consensus among linguists on
to the use of local, provincial, and national dominant
the overall importance of the preservation of lan-
languages as the media of instruction. Less than
guage data of endangered languages. However, reac-
10% of the approximately 2000 African languages
tions to demands for assistance by the speech
are currently employed as media of instruction in
communities with which linguists work may vary
the educational sector, with not even a single
widely. Such requests relate mainly to four areas,
endangered language among them. Mother tongue
which may be regarded as essential for safeguarding
education in many cases further cements the position
endangered languages.
of languages that spread at the expense of endangered
languages. As linguists, we are obliged to support
Language Work
any attempt to use African languages in formal edu-
Many scholars working with ethnolinguistic minori- cation, but with that we may involuntarily help to
ties are willing to help develop practical orthog- threaten the languages of ethnolinguistic minorities,
raphies that can be used by community members which are not included among the media of mother
themselves. And some scholars assist communities in tongue education. There seems to be no way out of
the production of reading, learning, and teaching this dilemma.
materials.
Living Conditions
Capacity Building
Dealing with the living conditions of communities
Capacity building in this context may refer to the is commonly not considered to be within the assign-
training of local language workers in reading and ment of linguists. Nevertheless, linguists could help to
writing their own languages, the production of overcome problems caused by economic poverty and
reading materials, etc. More privileged settings fur- lack of education. For example, national HIV/AIDS
ther allow for the training of language teachers. The awareness programs do not generally consider the
formation of local, academic research centers in often-illiterate ethnolinguistic minorities. Materials
548 Language Maintenance and Shift

produced for these marginalized communities require Dr Zepeda published A Papago grammar in 1982,
input from linguists because the concepts and contents but the O’odham people have only now, after more
need to be conveyed in a culturally meaningful way. than 20 years, started to acknowledge her academic
Only then can these communities understand the and community work on her mother tongue.
challenge of HIV/AIDS and react to it appropriately. Proficiency in nationally and internationally domi-
nant languages will gain importance throughout the
world and, for that reason, will continue to spread.
Roles for Linguists and Speech This development does not necessarily require
Communities the sacrifice of other languages, i.e., mother tongues
Maintaining language diversity demands the involve- of ethnolinguistic minorities, because most societies
ment of linguists, language planners, and policy have always been multilingual. However, speakers
makers. Akira Yamamoto has been rightfully de- might decide to abandon a low-prestige ethnic tongue
manding for many years that ‘research in endangered for the benefit of social mobility and career opportu-
language communities must be reciprocal and col- nities. Languages are either maintained or abandoned
laborative’ because only in working together with by their speakers. In these situations, ancestral lan-
the communities are linguists able to contribute to guages can survive in the long run only if meaningful
the safeguarding of endangered languages. roles for them can be established in the lives of the
Some scholars estimate that in the last 500 years at community members. Ultimately, in order to main-
least half of the languages formerly spoken throughout tain and perpetuate the world’s language diversity,
the world have disappeared. They suggest that only these speakers have to find good reasons for keeping
10% of the present day languages are safe, i.e., not their ancestral language alive in natural everyday
threatened with extinction. To safeguard the vast num- communication with their offspring.
ber of endangered languages requires actions in quite a
number of different areas, far more than the few men- See also: Endangered Languages; Environment and Lan-
tioned above. The specific activities that can and guage; Ethnolinguistic Vitality; Identity and Language;
should be carried out in a given research setting are Language Planning and Policy: Models; Migration and
determined by several factors. Each research context Language Planning; Mother Tongue Education: Nonstan-
has its specific limitations and prospects, and these dard Language; Reversing Language Shift; Tohono
O’odham.
always depend heavily on communities’ attitudes to-
ward their own language and their perception of the
research carried out on it. And yet, the professional and
Bibliography
social competence of a researcher is crucial in deter-
mining what is actually possible in the collaboration ‘After Babel, a new common tongue. It turns out to be
between the scholar and the speech community. English.’ (2004). Economist August 7, 23–24.
Having a linguist who is a member of the commu- Aikawa N (2004). ‘UNESCO’s programme on languages.’
nity does not always keep other community members In Sakiyama O, Endo F, Watanabe H et al. (eds.) Lectures
on endangered languages: 4 – from Kyoto conferences
from doubting linguistic research being carried out on
2001. Osaka: ELPR. 29–35.
an endangered language. Ofelia Zepeda, a trained
Bradley D & Bradley M (eds.) (2002). Language endanger-
linguist who wrote her Ph.D. thesis on her mother ment and language maintenance. London: Routledge
tongue, describes the most critical challenges to her Curzon.
linguistic work, which came from her own people, the Brenzinger M (ed.) (1992). Language death: factual and
O’odham. The objections to her work came from two theoretical explorations with special reference to east
different angles. The few O’odham people who had Africa. Berlin: Mouton de Gruyter.
received some linguistic training some years before Brenzinger M (1992). ‘Lexical retention in language
her, instead of supporting her, created obstacles to shift: Yaaku/Mukogodo-Maasai and Elmolo/Elmolo-
her work. Sanmburu.’ In Brenzinger M (ed.) Language death: fac-
tual and theoretical explorations with special reference to
Interestingly it was this small group of skilled O’odham east Africa. Berlin: Mouton de Gruyter. 213–254.
language teachers who looked at my publication critical- Brenzinger M (1997). ‘Language contact and language dis-
ly and in their own way offered criticism. However, their placement.’ In Coulmas F (ed.) The handbook of socio-
criticism was often not constructive or friendly. While linguistics. Oxford: Blackwell. 273–284.
still other O’odham people, taking the conservative po- Brenzinger M (ed.) (1998). Endangered languages in Africa.
sition, let me know that it was wrong to write the Cologne: Rüdiger Köppe.
language and to publish it for wide dissemination. Brenzinger M (1998). ‘Various ways of dying and dif-
(Zepeda, 2004: 7) ferent kinds of deaths: scholarly approaches to language
Language of Legal Texts 549

endangerment on the African continent.’ In Matsumura diaspora.’ In Brenzinger M (ed.) Endangered languages
K (ed.) Studies in endangered languages. Tokyo: Hituzi in Africa. Cologne: Rüdiger Köppe. 253–266.
Syobo. 85–100. Krauss M (1992). ‘The world’s languages in crisis.’
Brenzinger M (2003). ‘Language and conceptual diversity Language 68(1), 4–10.
under threat: language endangerment on the African Krauss M (1998). ‘The scope of the language endangerment
continent.’ In Vielberth J & Drexler G (eds.) Linguistic crisis and recent response to it.’ In Matsumura K (ed.)
cultural identity and international communication. Studies in endangered languages. Tokyo: Hituzi Syobo.
Maintaining language diversity in the face of globaliza- 101–113.
tion. Saarbrücken: AQ-Verlag. 59–77. Nettle D & Romaine S (2000). Vanishing voices: the extinc-
Cronk L (2004). From Mukogodo to Maasai: ethnicity and tion of the world’s languages. Oxford: Oxford University
cultural change in Kenya. Boulder: Westview. Press.
Crystal D (2000). Language death. Cambridge: Cambridge Newman P (2003). ‘The endangered languages issue as
University Press. a hopeless cause.’ In Janse M & Tol S (eds.) Language
Dorien N C (ed.) (1989). Investigating obsolescence: death and language maintenance: theoretical, practical
studies in language contraction and death. Cambridge: and descriptive approaches. Amsterdam: John Benja-
Cambridge University Press. mins. 1–13.
Dwyer A, Brenzinger M & Yamamoto A (2003). ‘Safe- Matsumura K (ed.) (1998). Studies in endangered lan-
guarding of endangered languages: report on the project guages. Tokyo: Hituzi Syobo.
of the Intangible Cultural Heritage Section of UNESCO.’ Robins R H & Uhenbeck E M (eds.) (1991). Endangered
ELFN (Endangered Language Fund Newsletter) 7(1), languages. Oxford: Berg.
1–4. Sakiyama O, Endo F, Watanabe H et al. (eds.) (2004).
Fishman J A (ed.) (1991). Reversing language shift: theoret- Lectures on endangered languages: 4 – from Kyoto con-
ical and empirical foundations of assistance to threatened ferences 2001. Osaka: ELPR.
languages. Clevedon: Multilingual Matters. Traill A (1985). Phonetic and phonologocal studies of
Fishman J A (ed.) (2000). Can threatened languages be the !Xóõ, bushman [Quellen zur Khoisan-Forschung,
saved? reversing language shift, revisited: a 21st century 1]. Cologne: Rüdiger Köppe.
approach. Clevedon: Multilingual Matters. UNESCO Ad Hoc Expert Group on Endangered Languages
Grenoble L A & Whaley L J (eds.) (1998). Endangered (2003). ‘Language Vitality and Endangerment. Docu-
languages. Cambridge: Cambridge University Press. ment submitted to the International Expert Meeting
Hayward R J (1998). ‘The endangered languages of Ethio- on UNESCO Programme Safeguarding of Endangered
pia: what’s at stake for the linguists?’ In Brenzinger M Languages.’ Paris, 10–12 March.
(ed.) Endangered languages in Africa. Cologne: Rüdiger Wurm S A (ed.) (2001). Atlas of the world’s languages in
Köppe. 17–38. danger of disappearing (2nd edn.). Paris: UNESCO
Hilton L & Hale K (eds.) (2001). The green book of lan- Publishing.
guage revitalization in practice. San Diego: Academic Zepeda O (1982). A Papago grammar. Tucson: University
Press. of Arizona Press.
Janse M & Tol S (eds.) (2003). Language death and lan- Zepeda O (2004). ‘Linguistic research at home: making
guage maintenance: theoretical, practical and descriptive it our own, for our own.’ In Sakiyama O, Endo F,
approaches. Amsterdam: John Benjamins. Watanabe H et al. (eds.) Lectures on endangered lan-
Kastenholz R (1998). ‘Language shift and language death guages: 4 – from Kyoto conferences 2001. Osaka:
among Mande blacksmiths and leatherworkers in the ELPR. 3–11.

Language of Legal Texts


P Tiersma, Loyola Law School, Los Angles, CA, USA Although the focus of this article is on Anglo-Ameri-
ß 2006 Elsevier Ltd. All rights reserved. can law, the general nature of legal texts is remark-
ably similar across legal systems, although the details
of their structure and use can vary considerably.
Introduction
The Development of the Text
A legal text differs in a number of ways from ordinary
spoken language. This is especially true of authorita- Legal transactions must originally have been per-
tive legal texts: those that create, modify, or terminate formed by means of speech, often accompanied by
a legal state of affairs. Such texts are what J. L. Austin rituals of various types. With the development of
might have called written performatives. Lawyers literacy, it became possible to make a record of such
often refer to them as operative or dispositive. transactions in writing or even to transact them in

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