The summary of Linguistic Doctoral thesis: Arguments in ede’s customary laws

MINISTRY OF EDUCATION AND TRAINING
HANOI NATIONAL UNIVERSITY OF EDUCATION
--------

TRAN THI THAM

ARGUMENTS
IN EDE’S CUSTOMARY LAWS
Major: Linguistics
Code: 9.22.90.20

THE SUMMARY OF LINGUISTIC DOCTORAL THESIS

Hanoi - 2019


THE THESIS WAS COMPLETED AT:
HANOI NATIONAL UNIVERSITY OF EDUCATION

Science instructor:
1. A. PROF. PH.D. TA VAN THONG
2. A. PROF. PH.D. DANG THI HAO TAM

Reviewer 1: Prof. Dr. Hoang Trong Phien
Ha Noi National University of Social Sciences and Humanities

Reviewer 2: Prof. Dr. Nguyen Van Hiep
Language Institute - Vietnam Academy of Social Sciences

Reviewer 3: Prof. Dr. Do Viet Hung
Hanoi National University of Education

The thesis will be protected before Board of Thesis Judges at:
Hanoi National University of Education
at … time, date … month ..... 2019

A thesis can be found at:
- National Library
-Library of Hanoi National University of Education


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INTRODUCTION
1. THE URGENCY OF THE TOPIC
Customary law is also called "regulatory habit", including morality, ethics
and behavior. In order for organizations and forms of punishment to be strong
enough for everyone to follow, customary laws need persuasive arguments.
Ede's customary law includes such arguments. Studying the arguements in
Ede's customary law contributes to explain the relationship between language
and culture, clearly sees the cognitive ability and development level, closeness,
humanity, ... of a institution of social, through language means (Ede language).
2. RESEARCH OBJECTIVES AND TASKS
2.1. Research objectives
The thesis aims to point out and identify the argumentative characteristics
of Ede customary law. Through the characteristics of argument in Ede's
customary law, it is possible to see the cultural characteristics of Ede people.
2.2. Research tasks
Overview of research on arguments, customary laws and customary laws of
Ede; on the relationship between language and culture...; Identify and describe the
structure of arguments in Ede customary law; The explanation of cultural

characteristics of Ede people is reflected in the argument in customary law.
3. THE SUBJECTS AND SCOPE OF THE RESEARCH
3.1. The research subjects
The research object of the thesis is the argument in Ede customary law.
3.2. The research scope
Scope of the study: the thesis researches the argument in Ede’s customary
laws in such contents as: argument structure, cultural characteristics expressed
in the argument in Ede’s customary law.
4. THE RESEARCH METHODS
- The methods of practical linguistic: The thesis performs practical
collecting data in some areas which Ede people live in Central Highlands to
collect and supplement materials, learn the characteristics and customs of the
Ede people…
- Descriptive method: this method helps the researcher clarify the source
of survey material with specific data and content.
- The methods of multidisciplinary and interdisciplinary approaches: the
thesis used multidisciplinary and interdisciplinary research methods of social


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sciences such as: language - ethnography, language - psychology, social ethnography, … to research the topic.
5. THESIS CONTRIBUTION
The thesis confirms and reinforces the role of argument in linguistics. The
thesis contributes to affirm and clarify the language-cultural arguments of Ede
people. Research results of the thesis can be used as a reference for the study,
compilation and dissemination of scientific arguments into teaching in schools.
6. THE STRUCTURE OF THE THESIS
Chapter 1. An overview of the research situation and theoretical, practical basis
Chapter 2. The structure of argument in Ede’s customary laws

Chapter 3. The traditional cultural characteristics of the Ede people
reflected in the arguments in Ede's customary laws
Chapter 1. AN OVERVIEW OF THE RESEARCH SITUATION AND
THEORETICAL, PRACTICAL BASIS
1.1. AN OVERVIEW OF THE RESEARCH SITUATION
1.1.1. The research situation of arguments
In linguistics, even since ancient times, the argument has been studied,
called by the term of eloquence, in Aristote's "Rhetoric". From the second half of
the twentieth century, the argument was studied by many linguists, including the
authors who have contributed greatly to the issue of researching argument such as:
S.Toulmin (1958), Olbrechts - Tyteca (1969), Grize (1982), Perelman (1988), ...
1.1.1.2. In Vietnam
First, the direction of researching argument in general, in Vietnam, until
before 1993, the argument was still a concept "unfamiliar to Vietnamese
linguists, including researchers interested in pragmatics". Later, with the strong
development of pragmatics, the problem of argument has been studied by many
linguists. The authors: Hoang Phe, Do Huu Chau, Nguyen Duc Dan, ... are the
people who have made great contributions to the study of arguments on
Vietnamese materials. Second, based on the theoretical framework of
arguments, some works goes deep in describing components of arguments,
types of arguments, and instructions of arguments. It can be listed some authors
who study the argument in this direction such as: Nguyen Minh Loc (1994)
with "Understanding the opposite connector argument " but "in Vietnamese";


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Le Quoc Thai (1997) with "The effect of arguments of the description contents,
the real words and the operators" only "," the "," to ""; Kieu Tuan (2000) with
the topic "The operator arguments of" in fact/ fact "," that "and the argument

relation". Third, the direction of research on specific expression argued in the
text, This research direction uses the theory of argument to describe arguments
in a type of particular text. Fourth, the research direction applies the theory of
argument into the practical teaching, can be mentioned: Bui Thi Xuan (1997)
with "The theory of arguments and theory of paragraph and the system of
exercises to practice arguement skills in the discourse paragraph for high school
students"; Tran Huu Phong (2003) with "Argument with training for high
school students how to argue in the discourse paragraph", ...
1.1.2. The situation of studying customary laws and Ede’s customary laws
1.1.2.1. The situation of studying customary laws in genreral
From the perspective of legal anthropology, the anthropologists,
ethnographers, and folklore mentioned theoretical issues, methods of collecting
and studying customary laws of ethnic groups. The authors have discussed
many issues about customary law such as: Alan Dundes addressed the problem
of the customary law concept, Anlan Watson mentioned the problem of
approaching customary law, Van Den Dergh refered to the concept of
customary law in historical context, Obei Hag Ali refered to the problem of
changing customary laws in law, ... The collection of customary laws of ethnic
minorities in Vietnam in the early twentieth century has achieved certain
achievements. It can be mentioned the published works such as Ede customary
law(1926), Stieng customary law(1951), Sre customary law(1951), Bahnar and
Xe Dang customary law (1952), Ma customary law(1957)
1.1.2.2.The situation of studying Ede’s customary laws
The collection of Ede customary law has achieved certain results.
Specifically, in the early years of the thirties of the twentieth century, the
French ambassador in Dak Lak was L.Sabatier organized a collection of
customary laws of Ede people by recording the Ede language and recording it
by the writing of this ethnic group called “legal customs” and published in
1927. In 1940, D.Antomarchi translated and published this customary law in the
journal of the ancient Far Eastern School (BEFEO). In 1984, Nguyen Huu

Tham translated the customary law into Vietnamese from the French version.
Based on the text of Ede's customary laws of L. Sabatier and the new collected


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customary laws, Ngo Duc Thinh, Chu Thai Son and Nguyen Huu Tham
compiled the book "Ede’s Customary Law (regulatory habit)" (National
Political Publishing House, 1996).
In addition to collecting, Ede's customary laws are focused on researching
such contents as the organization and operation of customary law; rules on
punishment of customary law; elements that underlie customary law; the
process of movement and development of customary law; ... Not only that,
Ede's customary law is still considered in reflecting the social values and
transformation of this law in the context of modernization.
1.2. THE THEORETICAL, PRACTICAL BASIS
1.2.1. The theoretical basis
1.2.1.1. About arguments
a. Arguments and the components of argument
a1. The concept of argument: The argument is to give reasons to guide
people to a conclusion in a convincing way.
a2. The components of argument
1/ Foundation: It is possible to understand foundation as bases from
which to draw conclusions, each argument can have one or more foundations.
2/ Conclusion: the conclusion is what is drawn from the foundation.
3/ Instructional components of arguments
i) Operator arguments: Operator arguments are factors that influence a
statement that will create a meaningful orientation that changes the potential of
the speaker's argument. ii) Connector argument: are "elements that combine
two or several statements into a single argument.

b. Classification of arguments
b1. Based on the complexity of the argument
1/ Single argument: The single argument is that there is only one
conclusion, the rest are foundations. 2/ Complex arguments: is an argument
that has two or more conclusions. This type of argument is also called indirect
argument.
b2. Based on the position of the argument’s components
1/ Arguments according to the deductive type: This is a way of
presenting, organizing, arranging ideas from the general, the generalization to
the particular, the specific; this argument has conclusions before the
foundations. 2/ Arguments according to the inductive type: This is a type of


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argument that goes from specific, individual opinions and evidence, and then
synthesizes and summarizes those opinions and individual events. 3/ Arguments
according to the synthesis-analysis type: This is a way of arguing that often
begins by stating a generalized, synthesized issue, then deploying the analysis
of such general contents into small parts for consideration or analysis, and
finally generalizing, raising the analyzed issue to the main point.
b3. Based on the presence of the argument’s components
1/ Full composition argument: This type of argument has two
components: foundations and conclusions in an argument. 2/ Compact
argument: is an argument that only has an foundation or just a conclusion as a
component.
c. Characteristics of argument relations
Foundations p and q can be concurrent arguments, when both of them
points to a same conclusion. Foundations p and q can be opposite arguments, p
towards r and q towards -r or vice versa.

d. Topos – The basis of the argument
d1. The concept of topos: is " the argument that ordinary truths are
experienced, without necessity, compulsoryness as the logical premise bearing local
or ethnic characteristics, generalized, thanks to them we build our own arguments”.
d2. Types of argument in everyday life: Nguyen Duc Dan divide the
argument in real life arguments into three categories: objective arguments,
personal arguments and social experience arguments.
1.2.1.2. Some language- culture issues
a. The concept of culture
Culture is the whole of the material and spiritual values created by
human in accordance with common awareness and aesthetics, bearing the
characteristics of a certain community and accumulated through the practical
process, circulated over time.
b. The relationship between language - culture - national thinking
Language reflects the attributes, nature and existence of culture. Language is
specified in the words of everyday speech or through the use of words, images,
descriptions, comparisons, human thinking, ... in art texts. Art creation reflects
many aspects of culture: cognitive culture, collective life culture, personal life
culture, behavioral culture, festival culture, ...
1.2.2. Practical basis


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1.2.2.1. Summary of Ede people
Regarding social organization, Ede is the most typical matriarchal society
in the Central Highlands. All rules of behaving in the social community, in the
family follows a system of customary laws circulating from one life to another.
Regarding beliefs, Ede people follow the polytheistic beliefs of "spiritual
things"- everything has a soul, so in the general activity of Ede village, religious

activities and rituals play a very important role. Regarding language, Ede is a
language of Ede pepple. The voice of the Ede belongs to the Malayo Polynesia language line (Nam Dao linguistic line).
1.2.2.2. Summary of Ede‘s customary law
a. The birth of Ede’s customary law
Ede Traditional society is a society formed and developed in a closed
space with the domination of many complex relationships; people here always
face many problems of life within the limits of a small space and limited
cognitive ability. That is the reason for the birth of Ede customary law
(Regulatory habit).
b. The form and content of Ede’s customary law
The content of the Ede customary law is arranged according to each
subject area, corresponding to different areas of social life (236 terms are
arranged into 11 topics corresponding to 11 chapters).
1.3. SUMMARY
Through understanding the argument in customary law, it is possible to
see the characteristics os culture and ethnic psychology of the Ede people. That
is the specific argument for evidence, diversifying images, using many topos to
build reasoning arguments, solid arguments, ...
Chapter 2. THE STRUCTURE OF ARGUMENT IN EDE’S
CUSTOMARY LAWS
2.1. THE COMPONENTS OF ARGUMENT IN EDE’S CUSTOMARY
LAWS
2.1.1. The components of foundation in Ede’s customary laws
2.1.1.1. The positions of foundation in Ede’s customary laws
The common order in Ede's customary law is the preceding foundation
and the conclusion follows according to the inductive logic; the problem is
presented from detail to synthesis, from far to near, from single to system,
creating the convenient order in expression.

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2.1.1.2. The number of foundation in Ede’s customary laws
In one argument, Ede's customary law makes a lot of foundations,
foundations are arranged next to each other in a linear order with the same
structure (listed and repeated structure).
2.1.1.3. The nature of foundation in Ede’s customary laws
Surveying the use of arguments in customary laws can be seen, the
concurrent foundations argue in large numbers. Ede's customary law has
211/236 arguments using concurrent foundations (accounting for 89.4%), only
25/236 argue using opposite foundations (accounting for 10.6%). The opposite
argument appears in some cases (mainly in the partial arguments of a clause)
when it is necessary to compare opposition to clarify the nature of the problem.
2.1.1.4. Used evidences in foundation in Ede’s customary laws
Evidence can be images, events, things related to the natural world or
social life. In addition, in foundations, people often use things, facts to describe,
explain and express emotions about philosophical family and social issues to
increase persuasion.
2.1.2. The components of conclusion in Ede’s customary laws
2.1.2.1. The positions of conclusion in Ede’s customary laws
The conclusion of argument in Ede’s customary laws is always behind the
foundation. Ede's customary law pays attention to how to build the structure of
an argument. The general conclusion R of each clause always at the bottom of
the argument but there are cases where a major argument contains many partial
arguments; these partial arguments include the system of foundations and
partial conclusions; they are considered to be single arguments, corresponding
to the major foundations that make the conclusion R. The partial conclusions in
this single argument are quite flexible: in front, between or after the partial
foundations.
2.1.2.2. The nature of conclusion in Ede’s customary laws

Conclusion R is always direct and explicit, there is no argument in Ede's
customary law to use implicit conclusions. The conclusions are consistent with
the actual bases (clearly mentioned in foundations), in accordance with the laws
of nature, social and cultural laws of Ede people.
2.1.2.3 The relationship between conclusions and foundations in Ede’s
customary laws
The conclusion of the argument in Ede's customary law is closely related
to the foundations that precede it; the relationship between foundations,
between foundations and conclusions is always a concurrent relationship for the
stakeholders to follow. Specific issues, details are reserved, general issues are
placed later.


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2.2. ARGUMENT INSTRUCTION IN EDE’S CUSTOMARY LAWS
2.2.1. Operator argument in Ede’s customary laws
2.2.1.1. The survey results of operator argument in Ede’s customary laws
Operator
Number of
No argument in Ede
Meanings
occurrences
language
1
like, as, just like
159
si, mse\, mse\ si
2
again

146
lo\
3
no, not, never... (but), not yet, nor
121
amâo, deh
4
92
jih, djap ra ênao everything, all
5
already, done
79
leh
6
more
65
ti
khăng, khăng…
7
often, usually ...
51
khăng
8
just, originally
42
gơ\
9
also
39
s’ai\

10 tơl
even, more than that...
28
du\m, du\m… du\m, how many, how much ... that, from ...
11
21
to / to, as long as ... all
jih … du\m,
12 mơh
Just, right, that
19
13 ăt
still, also
13
mdu\m,
mđơr;
14
equal; more; less
12
hi\n, mda
15 mdê … mdê
ever
10
16 kno\ng, sa
just, only
8
hlo\ng,
17
always, always, wherever ... is
5

hlo\ng … hlo\ng
18 êjai … êjai
both... and
2
Sum
912
2.2.1.2. Characteristics and functions of operator argument in Ede’s
customary laws
a. Characteristics of operator argument in Ede’s customary laws
a1. Group of operator argument in single form
This operator group consists of words (often particles, linking words,
adjunct) or phrases that appear in many arguments in each of Ede's customary
laws. The most commonly used operators are: si (as), mse\ (like), mse\ si (like,
just like), lo\ (again), amâo (no, not), ti (both), khăng (usually), tơl (even), s’ai\
(also), …


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a2. Group of operator argument in complex form
Many arguments in the terms of Ede's customary law which operators
appear in each coresponding pair as: du\m… du\m (how much… that), jih …
du\m (from... to, from... until), hlo\ng … hlo\ng (as well … as) êjai … êjai (both
… and), mdê … mdê (ever). This group of operators often appears in compound
sentences, equivalent to the type of structure in Vietnamese, such as: how much
A that B, from A to B, from A until B, as well A as B, both A and B, …
b. Functions of operator argument in Ede’s customary laws
It is possible to generalize the function of the operator arguments in Ede's
customary law through the following table:
Functions

Operators
Emphasize
content,
strengthen lo\ (again), leh (already), s’a^ (all),
foundations or indications of level
khăng (often), gơ\ (naturually), ăt
(still), mơh (right), êjai … êjai (so...
so), …; ti (), tơl (even), mtam (tận)
Affirm a certain phenomenon that has hlo\ng (always), hlo\ng ... hlo\ng
been generalized into a rule
(always)
Compare in terms of quality
si (as), mse\/mse\ si (like, such as)
List the facts
khăng (often)
Orientation of meaning for arguments lo\ (again), leh (already), s’a^ (all),
(creating a concurrent or opposite si/mse\/mse\ si (as, such as);
features for arguments)
amâo (not)
Reversing the arguments
amâo (not), deh (not)
Ability to limit the scope of objects
kno\ng (just)
2.2.2. Connector argument in Ede’s customary laws
2.2.2.1. The survey results of connector argument in Ede’s customary laws
Types of
connector

Twoposition
connector

Connectors
snăn, anăn
tơ, tơ dah
kyua,
kyua dah,
kyua anăn
khă bi,
khă … bi
]iăng
si\t dah,
si\t nik

Meanings
so, then, like that
If, if so, suppose
because, by

As long as,
to, to that
maybe
sure
Sum

281
267
29

Rate
%

41.2
39.2
4.3

8

1.2

7
5

1.02
0.73

597

87.65

Frequencies


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Threeposition
connector

bi, [iă dah,
bi dah, khă
khă dah
anei le\

leh anăn

but, though, however

47

6.9

however
and, with, in addition

25
11

3.7
1.6

1
84

0.15
12.35

more, moreover
êgao tơ anăn
Sum

2.2.2.2. Classification of connector argument in Ede’s customary laws
a. The group of two-position connector in Ede’s customary laws
a1. Two-position connector introduces the foundation

Group of
connectors
tơ, tơ dah
(if, suppose)

Functions

Combination

raise a basis (conditions, can come with anăn, snăn to make a
assumptions) for a certain pair of connectors: tơ/tơ dah … a
conclusion, usually giving năn/snăn (if... then); tơ dah can come
assumptions, conditions with si\t nik to make the pair tơ dah
that constitute criminal … si\t nik (if.... (then) sure)
acts in specific cases
the
causal kyua/kyua dah can come with anăn,
kyua, kyua dah, denote
kyua
anăn relationship (reason) to snăn to make the pair (kyua/kyua dah
(because,
reach a result stated in the … anăn/snăn: because... so)
thanks...)
conclusion
denote what is stated in appears independently or comes
khă bi,
khă … bi (as the foundation is a with anăn, snăn to make the pair:
long as)
necessary condition for khă bi … anăn/ snăn (as long as).
another event to occur

a2. Two-position connector introduces the conclusion
Connector/
Group of
Functions
Combination
connectors
can be used independently or
in combination with the twoshows the results of a cause position connector introduced
anăn, snăn
(so, then)
pointed out in the previous conclusion such as: tơ, tơ dah,
foundation.
kyua to make the pair tơ/tơ
dah/ … anăn/snăn (if.... then),
or kyua … anăn/ snăn
(because of... so).


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Connector/
Group of
connectors
kyua dah,
kyua anăn
(so, thus)

]iăng (to, for)

Functions

denote the result of a cause
mentioned earlier, or create a logical
reasoning between the premise - the
conclusion, focus on giving an
argument to the premise mentioned
in the foundation.
denote purpose relationship

Combination

independent appearance

independent appearance
Si\t dah usually works
raise judgment (or reasoning) about a independently, but si\t nik
accompanies
by
si\t dah, si\t nik possible ability based on certain signs often
(may be, sure) (assumption) mentioned in the connector introduced the
foundation.
foundation tơ/tơ dah to make
a pair of connectors tơ/tơ dah
… si\t nik (If ... (then) sure).

b. The group of three-position connector in Ede’s customary laws
b1. Concurrent three-position connector
Connector/
Group of
Functions
Combination

connectors
leh anăn (and, introducing
additional independent appearance
with,
in foundation
addition)
introducing
additional independent appearance
Êgao tơ anăn
(more,
foundation
moreover)
b2. Opposite three-position connector
Connector/
Group of
Functions
Combination
connectors
denote contrasting, conflicting [iă dah, bi dah can combine
relationships,
introducing with khă to make a pair khă …
bi, [iă dah,
bi dah (but)
effective foundations with the [iă dah/bi dah (though ... but)
conclusion


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Connector/

Group of
connectors

Functions

Combination

express what is said is a
bi, [iă dah, comment that is somewhat
contrary to what was just given independent appearance
bi dah
(however)
earlier; introducing effective
foundations
with
the
conclusions
can stand alone or in
the
concession conjunction with [iă dah, bi
khă, khă dah denote
(though,
relationship,
introducing dah to make a pair of
although)
ineffective foundations with connectors: khă/khă dah …
the conclusions
[iă dah/bi dah (although,
though...).
Introducing

effective independent appearance
anei le\
(however)
foundation
2.2.2.3. Functions of connector argument in Ede’s customary laws
a. Argument’s components linking function of connectors in Ede’s
customary laws
a1. Argument’s components linking function of two-position connectors
(i) Link the previous foundation with the following conclusion
Pairs of connector: tơ/tơ dah … anăn/snăn (if... then), tơ/tơ dah … si\t
nik (If ... (then) sure), kyua/kyua dah … anăn/snăn (because … so) are often
used to connect foundations and conclusions when foundations stand before
conclusions. Usually, these pairs of connector are used to link the components
of the argument within a statement (Sub-main compound sentence).
Arguments can use a two-position connector to link components when the
position of the foundation precedes the conclusion, these connectors are
connectors that introduce the conclusion. They are: snăn, anăn (so), ]iăng,
pioh (to, for), si\t dah, si\t nik (may be, sure), kyua anăn (so that, so).
(ii) Link the previous conclusion with the following foundation
If the conclusions stand before the foundation, the argument in Ede's
customary law often uses the two-posiotion connectors introducing foundations
to link foundations to conclusions. Connectors kyua, kyua dah, kyua anăn
(with the meanings because); bi, khă bi, khă … bi (as long as) will follow the


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function of linking the following foundation with the preceding conclusion.
These are the connectors that can perform the function of linking the
argument’s components within the sentence or over the sentence.

(iii) Link effective foundations with the conclusions in opposite argument
The two-posiotion connectors in Ede’s customary laws can also appear in
the opposite argument to implement the function of linking the argument’s
components. At this time, they will connect the effective foundations with the
conclusion (the foundation stands before the conclusion). They are often
combined with a three-position connector.
a2. Argument’s components linking function of three-position connectors
(i) Concurrent three-position connectors link the previous foundation
with the additional foundation
Concurrent three-position connectors help the previous foundation closely
link with the additional foundation, together introduce to the conclusion to
create a solid reasoning system, increase evidence-based persuasion for the
whole argument.
(ii) Opposite three-position connectors link the opposite foundations together
Implementing the connecting function the ineffective foundation with the
conclusion with the effective foundation with the conclusion.
b. Argument’s components introducing function of connectors in Ede’s
customary laws
b1. Functions of introducing foundation connectors in Ede’s customary laws
(i) Introducing foundation two-position connectors
In concurrent arguments, a two-position connectors can perform the
function of introducing many concurrent foundations for a argument; a twoposition connector can appear many times to introduce the concurrent
foundations or different two-position connectors appear togerther to introduce
the concurrent foundations. Two-position connectors can also combine with
three-position connectors (concurrent) to introduce the concurrent foundations.
In opposite arguments, two-position connectors appear in the opposite
argument with the function of introducing the effective foundation with the
conclusion.
(ii) Introducing foundation three-position connectors
In concurrent arguments, two connectors appear to introduce the

foundations for the concurrent argument are leh anăn (and, with) and êgao tơ
anăn (more, moreover). In opposite arguments, there are some groups of threeposition connectors that are used to introduce the foundation without any
argument’s effects such as: khă, khă dah (though, although...).


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b2. Functions of introducing conclusion connectors in Ede’s customary laws
Two-position connectors introducing the conclusion in concurrent
arguments play the role of linking the foundations with the conclusions, its
position is also the position which marks the boundary between the previous
foundations and the following conclusions. The presence of the two-position
connectors introducing the conclusion in opposite arguments indicates the
boundary between the effective foundations and the following conclusions.
c. Function of denoting argument relation of connectors in Ede’s
customary laws
c1. Two-position connectors in denoting the argument relationship
For concurrent arguments, a number of connector combinations in Ede’s
customary law appear as a sign to guide the concurrent relation of the
foundations in a argument. These are the connector groups that appear in
structural form like: tơ (tơ dah) … tơ (tơ dah) … (anăn/snăn): if … if…
(then)… (there may or may not have the connector anăn/snăn in the position of
introducing conclusion); kyua (kyua dah/kyua anăn) … (anăn/snăn) …:
because … becasuse of … (so) (there may or may not have the connector
anăn/snăn in the position of introducing conclusion); kha\ bi … kha\ bi …: as
long as … as long as … (then)…
For opposite arguments, the two-position connectors join in the opposite
argument and indicate the relationship between the effective foundation and the
conclusion. Example:
c2. Three-position connectors in denoting the argument relationship

If foundation uses concurrent three-position connector leh anăn (and) to
introduce, that foundation will be the additional foundation which has a weaker
effect toward the previous foundations. If foundation uses three-position
connector êgao tơ anăn to introduce, that foundation will be the core
foundation which has the most decisive nature to conclusion. Opposite threeposition connectors help identify the effect of foundations on conclusions. The
connectors bi, [iă dah, bi dah (but), anei le\ (however) are instructions that
show an inverse relationship between foundations in an argument.
2.3. SOME POPULAR ARGUMENT STRUCTURE MODELS IN
EDE’S CUSTOMARY LAWS
Model 1: P (p1, p2, …), Q (q1, q2, …) …
R
Model 2: P (p1, p2, …), Q (q1, q2, …)…
R (r1, r2, …)
Model 3:
p1
r1
p2
r2
R
p3
r3
Model 4:


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p1, p2, p3, … pn
r
Model 5:
p1, p2…

r1 (P)
r2 (Q)
r3 (K) …
R
Model 6:
P (p1, p2 ,…
r1)
Q (q1, q2 ,…
r2)
R
K (k1, k2,…
r3)
Model 7:
Almost, the terms of Ede's customary law have the order that all the
foundations precede the conclusion. However, In the term 233, the conclusions
are put before the foundations according to the model: R
P1, P2, P3.
2.4. SUMMARY
- The foundations in the argument of Ede customary law are preceded by
the conclusions, each argument has many foundations, the foundations may be
the same or different in categories but they are concurrent. Conclusion in Ede’s
customary laws is often put behind foundations. This creates inductive logic in
the way of expressing problems, in accordance with the persuasive methods of
ethnic minorities in general and Ede people in particular.
- The operator argument of Ede's customary law has a rich and varied
expression of expressing meaning, mainly appearing in foundations with the
most obvious role of emphasizing and strengthening, adding reasonings to
arguments to reach agreement on impeachment (the object is guilty or not
guilty, how serious it is, ...). In Ede's customary laws, the participation of twoposition and three-position connectors in arguments help solve the problem,
bring a high convincing effect.

- Argument in Ede's customary law is presented according to the usual
argument structure (having both foundations and conclusions), the most
common order is that the foundation precedes the conclusion.
Chapter 3. THE TRADITIONAL CULTURAL CHARACTERISTICS
OF THE EDE PEOPLE REFLECTED IN THE ARGUMENTS
IN EDE'S CUSTOMARY LAWS
3.1. ARGUMENT IN EDE'S CUSTOMARY LAWS REFLECT THE
WORLDVIEW OF EDE PEOPLE
3.1.1. Materials constructing arguments in Ede's customary laws
reflect the habit characteristic of Ede people


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The survey of Ede's customary law shows that many elements of natural
ecosystems (animals, plants, land, etc.) clearly show the living environment of
this ethnic community. It is highland with rich ecosystem. This is also the basis
for forming the traditional culture of Ede people, adding special characteristics
to the common culture of the Central Highlands.
3.1.2. Materials constructing arguments in Ede's customary laws
reflect characteristics of production culture of Ede people
Ede's customary laws clearly reflect the cultural and economic
characteristics of the Ede people, it is the combined economy of upland field
cultivation with cattle and poultry breeding and a number of other handicraft
industries. In particular, upland field cultivation (hma) occupies a key position
and is the main source of life of the Ede people. In addition to cultivate upland
field, Ede people also raise the animals: kbao (buffalo), êmô (cow), u\n (pig),
m`u (chicken),... Rich families also have the job of raising and domesticating
wild elephants.
3.1.3. Materials constructing arguments in Ede's customary laws

reflect belief culture of Ede people
With the concept of "spiritual beings", Ede’s customary law stipulates
that all acts in life are related to gods, if violating customary laws, it also means
insulting the gods, violators will be punished. Accompanying the sanction is the
sacrifice ceremony to receive the forgiveness of gods. Therefore, at the end of
each term, the conclusion of the argument often points out two issues: sanctions
and God sacrifices. The most used object in the supernatural being yang
(divine), has 60 appearances (43.5%), followed by mtâo (ghosts, witches,
demons), then supernatural like: atâo (souls of the dead), ksơ\k (evils), mngăt
(souls of spirits), Aê Du (gods of wisdom), Aê Diê (the god of creation), ...
These are absolutely imaginary images.
3.2. ARGUMENT IN EDE'S CUSTOMARY LAWS REFLECT THE
HUMANVIEW OF EDE PEOPLE
The humanview of the Ede people is expressed through the use of
reasoning basis for argument (which is the topos argument).
3.2.1. The survey results of topos in the argument of Ede’s
customary law


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Table 3.2.1. Statistics of topos in the argument of Ede customary law
Rate
Kind of topos
Frequency
%
I. Topos base on action and human
525
56.3
1. Action (-) - Quality (-)

434
46.51
2. Quality(-) - Action(-)
84
9
3. Action(+) - Quality(+)
4
0.43
4. Quality(+) - Action(+)
3
0.32
II. Topos base on natural and social laws
235
25.2
1. Topos base on social laws
177
19
2. Topos base on natural laws
58
6.21
III. Topos base on the relation of people in
89
9.5
community
1. The relations between the village leader - the member,
the member - the village leader, the member - the
66
7.07
member
2. Relations between parents - children, wives 23

2.46
husbands, brothers, friends, ...
IV. Topos base on evaluation
84
9
1. According to the value of truth
61
6.54
2. According to aesthetic value
3
0.32
3. According to spiritual values
20
2.14
3.2.2. Characteristics of topos in arguments of Ede’s customary laws
3.2.2.1. Topos base on action and human in arguments of Ede’s
customary laws
a. Topos base on action: from actions infer human
i) If human action has a negative quality (-) then that person also has a
negative quality (-).
This is a common type of topos in Ede’s customary laws. Customary law
is mainly impeachment, so all objects show up with negative actions with harsh
criticism of the community (accounting for 46.51% of the total arguments).
ii) If human action has a positive quality (+) then that person also has a
positive quality (+).
In Ede's customary law, this kind of topos is used very little (only 0.43%)
because the customary law is mainly about the crime of the object to have an
appropriate form of punishment, it is obvious that the object is a sinner, the
sinner will bring negative qualities (-). The purpose of the judge is to state the

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badness of the object along with the attitude of condemning the bad to the
whole community in the village. Because of this characteristic, positive actions
() that represent the positive side of people are rarely mentioned, it only appears
in some cases when it needs to be compared to highlight the opposite, middle,
and the good and the bad, between good and evil or when it is necessary to
express the views about positive properties needed (in terms of duties and
responsibilities) in specific cases.
b. Topos base on human: from human infers actions
These topos evaluated: if a person has a positive quality (+), his or her
actions also have a positive quality (+), on the contrary, if people have a
negative quality (-), their actions also have qualities (-) . The Ede people base
on an individual to evaluate their actions.
3.2.2.2. Topos base on natural and social laws in Ede’s lives
a. Topos base on the familiar natural laws in the Central Highlands
mountains and forests
The images and phenomena in nature selected as topos to build the basis
for the argument are often detailed to clarify the characteristics and properties
for the object. Normally, Ede people take natural factors as standards, based on
similarities or differences compared with nature to formulate reasonings in
accordance with the conclusions.
i) Topos base on similarities with natural factors
Argumenta in Ede’s customary law has used many authentic images in
nature to compare with humans. Things and facts are placed side by side to
create topos in accordance with natural law.
ii) Topos base on differences with natural factors
This type of rguments are often based on topos: what is in accordance with
nature is true to the law, on the contrary, contrary to nature is wrong and guilty.

b.Topos base on the social law of Ede community
i) Topos base on the majority
This type of topos is based on the opinion of the majority to implement or
evaluate a particular behavior. This type of topos is based on the behavioral
experience of the whole community. It can be said that the whole argument in
Ede’s customary law uses this kind of topos because customary law is built on
the common will of the whole community.


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ii) Topos base on the authority
In Ede customary law, people rely on the authority of the head to regulate
and manage social relations. Every member of the community must follow to
the judgment of the god or leader.
iii) Topos base on the custom of Ede people
Many customs of the Ede people become topos to build fulcrums for the
foundations towards a conclusion. For example, the customs of sacrificing
animals or customs "stealing one recouping three", ...
3.2.2.3. Topos base on the human relations in Ede community
The relationships in the Ede village include: the relationship between the
head of the village and the members of the village, the relationship between the
members of the village, the parental relationship with the children, the
relationship of husband and wife, brothers and sisters, friends, … The principle
that covers all relationships here is community relations, so the topos are also
dependent on this relationship.
a. Topos base on the responsibility of the village leader
The village leader "must not abuse of power, use the mandate to unjustly
arrest, imprison, and punish others, do not fulfill his responsibilities, do not take
care of the villagers ”.

b. Topos base on the responsibility of the members in village
These topos indicate: people "must respect, must not offend the honor and
body of khoa pin ea (village leader), must not threaten and bribe the village
leader; Everyone must comply with the community regulations that the leader is
the operator. "
3.2.2.4. Topos base on the evaluation in arguments of Ede’s customary laws
a. Topos base on the evaluation according to the value of truth
These topos are based on truths to affirm the right or wrong thing
according to the law. In Ede's customary law, the way of argument is based on
the evaluation of the truth value used in a diverse and flexible way to match the
content shown. The Ede often choose to arrange occured images in a certain
order as an obvious rule.
b. Topos base on the evaluation according to the aesthetic value
These topos are based on beautiful or ugly criteria to evaluate a certain
thing or phenomenon. For example, when choosing the leader, the Ede are


20

based on the same criteria as: The leader must be the one who is good-looking
even looking in front or behind; it means that he must have a comprehensive
beauty, he can not lack of any sides, he must be sufficiently talented, he must be
deeply knowledgeable about the cultural traditions of his ethnic groups and
behaves well with all relationships in Ede community.
c. Topos base on the evaluation according to the spiritual value
The moral principle of expressing spiritual values in Ede’s customary law
often belongs to the objective aspect, which is not the principle or thinking of a
certain individual but rather the standard principles of the whole community.
All the terms of the Ede customary law are common standards of spiritual
value, in which, focusing on topics such as family relations, marriage relations,

customs, habits and rituals...
3.3. SUMMARY
The images included in customary law have characteristics attached to the
habitat of the Central Highlands, bring many spiritual values of Ede people.
Characteristics of this habitat reflect the culture of the Ede people as forest
culture, forests have a close relationship with human life. The argument in Ede's
customary law also shows the economic life of the Ede people, that is the
upland field economy by the types of shifting cultivation and rotation, upland
field cultivation conbined with cattle and poultry breeding. The argument in
Ede's customary law also reflects the belief in the life of the Ede people. It is a
society where people believe that everything is soulful and there are gods that
governs spiritual beings. The Ede’s customary law not only reflects a specific
way of the Ede's habitat with rich ecosystems and diverse economic cultural
characteristics but also shows the conception of morality and behavior of people
, expressing the spirit of equality, humanity and modernity of Ede people.
CONCLUSION
1. Through the survey and analysis the characteristics of argument
structure in the Ede’s customary law shows: in addition to the general
characteristics of Pragmatic argument, the argument in Ede’s customary laws
has its own characteristics in organizing the argument components, reflects the
habits of using the language and persuasive methods of the Ede people.


21

1.1. To fit with the living environment and cognitive ability, in an
argument, the Ede people often make many foundations with the use of diverse
imaging means. Foundations are placed next to each other in a linear order and
placed before the conclusion. This has built up an inductive model of argument,
listeners self-argue and draw conclusions. With simple, understandable

problems, the argument uses less foundations (5-10 foundations), with complex
issues, arguments to use more foundations (over 10 foundations) to concretize
every aspect of the incident, avoiding a brief understanding of what the
spokesman wants to mention. Foundations may be the same category but often
belongs to many different categories to easily compare and contrast facts with
each other. The foundation in the argument of Ede customary law has the
function of identifying the behavioral aspects of the object, the foundations
always have the ability to elicit a specific event. The events presented in the
argument also has function to find out the cause of the offender's offense.With a
large number of foundations, the content in the foundation is presented in detail,
the argument of customary law shows that the speaker has enough evidence to
support and say the right thing. The foundation system is always clear, the
weight of the foundation reflects the sustainability of the argument. The use of
many foundations in an argument of Ede's customary laws reflects the ethnic
mindset: Specific thinking, creating the most simple way of receiving
information. The Ede persuaded by thoroughly explaining all aspects of the
problem to the listeners to conclude themselves. Therefore, all things are always
analyzed in a multidimensional way. The structure of the foundation in a
specific way demonstrates the speaker firmly grasping the evidence of the crime
while helping the audience understand the crime level of the object. All images
close to the living environment are associated with them, applied to the
arguments to create a lively and understandable way of speaking.
1.2. The conclusion in the Ede’s customary law is not only the element of
expressing the target of the speaker but also the component that controls the
listener, the result of leading the evidence mentioned earlier in the foundations.
Corresponding to the inductive logic above, the position of the conclusion
usually follows the foundations. This enables listeners to have time to argue
themselves to understand the nature of the problem. Conclusion R is always at
the bottom of the terms and is represented by single sentences with a
stereotyped expression. The general conclusion is clear so that the conviction

becomes transparent, avoiding misunderstandings of the judgments of the jury.
The partial arguments have a flexible position (can stand before, between or
after foundations), creating a strong network of arguments, it is difficult to


22

refute the argument given. The conclusion has a close relationship with the
foundations that precede it and is often concurrent with the argument: in
accordance with the habits of receiving information of Ede people.
1.3. The operator arguments in Ede's customary law may appear in a
single form (only one operator argument) or in certain pairs. The operator
arguments in Ede's customary law have rich, varied expressions about how to
express meaning, mainly appearing in the argumentative part with the most
obvious role of emphasizing and strengthening, adding arguments to arguments
to reach agreement on impeachment (the guilty or not guilty object, how serious
the violation is, ...). The operator argument is a factor that has a significant
impact on the content and meaning of argument in Ede's customary law. The
operator argument directly participates in the structure of arguments in each
clause, creats certain definitions of meaning and status in specific cases ... The
participation of the operators in the argument in Ede's customary law also plays
a role in marking the characteristic of argument relation in the concurrent or
opposite way. The operator argument has confirmed the role of organizing
arguments, contributing to create the effect of the argument in each term of
Ede's customary laws.
1.4. With 20 linguistic elements used as a connector, connectors in the
argument of Ede's customary law contributed to organize of arguments, creat
many highly coherent and convincing arguments. The presence of the connector
argument system with a role of clearly changing from the argument to the
conclusion contributes to the visible power of argument in customary law.

1.5. The terms of Ede’s customary law are organized according to
hierarchical structure in the form of complex arguments. Argument in Ede’s
customary law has used many models of argument structures to express the
rules in different situations. Most arguments are full of argument components
and each of the arguments makes up an argument network with smaller
stuctures of argument, this work is intended to increase the conviction for the
trial impeachment process. The argument models in Ede's customary laws show
the evolution of the argument when the speaker wants to draw a conclusion. he
argument models in Ede's customary laws show that the only way to conclude
(the accusation) is that the offender must acknowledge the crime. Of course,
with customary law, there is no argument in the presence of the offender, so the
speaker (pô phat kđi) should assume an idealist. To win high, and higher is to
serve the purpose of understanding, the speaker must anticipate the opposition
and defense of the enemy. So the structure of the argument is paid attention by
the speaker to direct the content of the argument to the point of understanding:


23

on the basis of firm arguments, it is possible to convict the offender. It is the
way to build the argument structure which has created persuasiveness with high
efficiency, direct impact on the listeners' perceptions.
2. Ede's customary law is a form of social norm, aimed at adjusting and
maintaining social relations. It is considered indigenous knowledge, contains
many cultural values of Ede people. Ede’s customary law is a "cultural heritage
of ethnic groups", production culture, activity culture or belief conceptions,
behavious rule in the community, ... are clearly reflected in this customary law.
Through the argument in customary law, it is clear that cultural characteristics
are reflected in the worldview and the humanview of the Ede people.
2.1. Although there are differences in the number of clauses that lead to

differences in the number of foundations and conclusions in each chapter, the
argument elements of Ede's customary law reflect many cultural values of this
ethnic group. The survey of the flora, fauna and objects system used in the
argument of customary law shows that: the images are used as construction
materials in the argument components (mainly these images appear currently in
foundations) have characteristics associated with the geographical and living
environment of the Central Highlands. This living environment clearly reflects
the forest culture of the Ede people. Argument in Ede’s customary law has
generalized the general cultural picture of the typical matriarchy in this land
with basic features such as farming, breeding, hunting, gathering, …Production
is self-contained, self-sufficient; the form of goods exchange is mainly in
artifacts; rudimentary production tools, simple production methods; the village
is the only administrative unit and the rural commune is not deeply divided;
homogeneous culture in local groups; original polytheistic beliefs, believing in
spiritual beings.
2.2. Ede’s customary law is not only a rule to manage the society of a
community but also includes the concepts of life, behavior and attitudes of
people towards nature and society. The spiritual culture characteristics of the
Ede people are clearly reflected in their humanview. During the argument
process, speakers often start with a starting point which are topos in the Ede
community culture. Through the topos system, listeners have a process of selfarguing to understand the problem that the speaker wants to reach, the listener
also understands the reason for the crime or the cause of the conclusion given
based on the arguments. The main topos groups used in arguments of Ede's
customary law are: topos base on action and human, topos base on natural and
social laws, topos base on the relationship of human in community, topos base
on the evaluation. Each topos group is divided into sub-groups with different