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24 Int'l J. Semiotics L. 1 (2011)

handle is hein.journals/intjsemi24 and id is 1 raw text is: Int J Semiot Law (2011) 24:1-19
DOI 10.1007/s11196-010-9178-5
Discursive Illusions in Legislative Discourse:
A Socio-Pragmatic Study
Aditi Bhatia - Vijay K. Bhatia
Published online: 9 July 2010
© Springer Science+Business Media B.V. 2010
Abstract This paper takes the position that interpretations of legal discourse are
invariably taken in the context of socio-pragmatic realities to which a particular
instance of discourse applies. What makes this process even more complicated is the
fact that social realities themselves are often negotiated within the mould of one's
subjective conceptualisations of reality. Institutions and organisations, including
people in power, often represent socio-political realities from an ideologically
fuelled perspective, engendering many 'illusory' categories often a result of con-
tested versions of reality. To substantiate this view, we discuss interpretations of a
number of interesting contemporary and controversial laws, including America's
Patriot Act and Hong Kong's proposed Article 23 of the Basic Law. Both laws can
be seen as illustrative of the definitional conflict that abstract concepts such as
democracy and human rights are subjected to in their own specific socio-political
contexts. While America crowns itself with democracy and Hong Kong struggles to
achieve it in effective synthesis with its unique political arrangement, the laws
produced by both contrasting political systems are unexpectedly similar, aiming for
the moderation of basic rights. The actions of both governments set against their
beliefs and discourses, and furthermore set against one another and other media
voices, particularly those of non-governmental organisations, political activists, and
other socio-political groups, demonstrate contestation of realities, giving rise to
'discursive illusions', which seem to be interpreted not so much on the basis of their
linguistic construction but more on the basis of socio-pragmatic factors, such as
trust, belief, transparency, control and power.
Keywords Legislation - Critical discourse analysis - Genre analysis
Discursive illusions - Multiperspective and multidimensional analysis
The Patriot Act - The Basic law of Hong Kong
A. Bhatia (E) - V. K. Bhatia
Department of English, City University of Hong Kong, Kowloon, Hong Kong
e-mail: abhatia@cityu.edu.hk

I Springer