Université de Montréal - Thèse sous forme numérique

18and legal systems reveal similarities and differences in the way the genre frame isinstantiated (cf. Chapter 4).Genres are also usually attributed labels (e.g. judgment, contract, deed) that arerecognized by at least some of the members of a given community if not all. Establishedmembers of a community will have a greater knowledge and understanding of thegenres used in it than new members, outsiders or apprentices (Alcaraz and Hugues2002; Bhatia 1993; Gläser 1990). For instance, in the academic context, Master‘sstudents will have more difficulties in writing scientific articles than post-doctoralresearchers because the former typically dispose of less experience to produce this kindof text genre.2.1.2.2. Legal genres―Est juridique tout discours qui a pour objet la création ou la réalisation du droit‖(Cornu 1990: 21). This point of view is also shared by Engberg (1993) who points outthat newspaper articles on legal topics are not legal texts. However, unlike Cornu(1990), Engberg (1993) provides a tripartite classification of legal texts (Figure 1) inwhich texts that do not directly create law are considered as being part of legaldiscourse (i.e. descriptive texts).For Engberg (1993) and for Trosborg (1995) too, legal discourse is identifiableagainst pragmatic criteria such as the legal institutions responsible for the production oftexts, the experts involved in it and the communicative function of texts. AlthoughEngberg‘s typology (1993) of legal texts is based here on the notion of ―text types‖ andnot on ―genre‖, he mentions that sources and theories of law may constitute criteria fordistinguishing legal genres that are grouped together into text types.