Negation in Old Finnish legal texts

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Negation in Old Finnish legal texts
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  WEBFU [Wiener elektronische Beiträge des Instituts für Finno-Ugristik] 2004 Merlijn de Smit: Negation in old finnish legal texts 1   1. Introduction Negation in Finnish and Swedish is expressed by typologically very dissimilar means. Finnish employs a negative verb e-  with person and number marking, as well as a distinct negative imperative verb älä , äl- , and marks voice, tense, aspect and mood on a non-finite form of the lexical verb, which is invariably preceded by the negative verb. Swedish, in contrast, employs negative particles like inte , as well as negative pronouns and adverbs like aldrig   ‘never’, ingenting   ‘nothing’, etc., which are often placed before those phrases under the scope of negation. The large differences between the two systems notwithstanding, negation is one part of grammar in which Swedish influence on Finnish has been documented both in dialects and the written language. Finnish, and, more broadly, Finnic 2  negation is a system in transition. Whereas the written Finnish language still sports a complete person-number conjugation of the negative verb, earlier tense marking on the negative verb has all but disappeared from Finnic, some vestiges remaining in South Estonian and Livonian (Laanest 1982: 243). Person and number marking on the negative verb has disappeared in standard Estonian, leaving an invariant ei   (the srcinal 3rd pers. sing. form). In Finnish, person/number marking is showing attrition of different degree in different dialects: the distinction between the 3rd pers. singular and plural forms seems to be the most widely lost (Savijärvi 1977: 62, 93, 106-107, 120-123, 127-132), including the literary language right until the 19 th  century (Savijärvi 1977: 44, Häkkinen 1994: 344-345). Though loss of number marking with 3rd pers. verb forms occurs with main verbs as well in spoken Finnish, loss of number marking with main verbs is relatively infrequent in the dialects of Ostrobothnia as well as the Southwestern and Southeastern dialects, whereas loss of number marking in negative clauses seems to be the norm in all Finnish dialects (Savijärvi 1977: 180, Karlsson 1966: 21). Total loss of number marking, with the singular paradigm ( en, et, ei  ) being generalized to the plural as well, seems to occur in a somewhat more restricted fashion in mainly the Southwestern and Ingrian dialects (Savijärvi 1977: 181), whereas total loss of person and number distinction seems to occur in the Southwestern dialects, as well as rarely in some eastern dialects (Savijärvi 1977: 182). In this, Finnish seems to travel a well-worn diachronic pathway, which related languages like Estonian have already travelled (Miestamo 2000: 273-274). Also, loss of marking on the negative verb is well known in genetically unrelated but typologically similar languages like Tunguz (Payne 1985: 214). Nonetheless the westernly and southwesternly location of Finnish dialects apparently most prone to loss of person/number marking, as well as the fact that the one Finnish dialect in which the negative verb appears exclusively unmarked for person and number is the extinct dialect of Värmland in central Sweden (Savijärvi 1977: 188), has led Ilkka Savijärvi (1977: 189-190) to assume that Swedish may have exerted, to some extent, an influence on Finnish loss of marking, in collusion with other factors. Though Savijärvi (1977: 130-131) finds only extremely sporadic 1  Part of the results presented in this paper were discussed at a Seminar at the Finnish Institute in Stockholm university on Nov. 5, 2003, whereas a preliminary version of this paper was discussed during a Seminar at the Institute of Finnish in Turku University on Nov. 25, 2003. I thank the participants of both events, as well as others who commented on earlier versions of this paper. 2  Meaning: Balto-Finnic    Merlijn de Smitr ISSN 1609-882X Seite 1  WEBFU [Wiener elektronische Beiträge des Instituts für Finno-Ugristik] 2004 occurrences of loss of 1st and 2nd person and number marking in the northernmost dialects of Finnish, Virtaranta (1982: 305) reports that loss of marking does occur in the dialect of Kurravaara, near Jukkasjärvi, in the Norrbotten province of Sweden. In research of the older written Finnish language, attention has been payed mainly to the frequency of irregular negated forms in which all person and number markers are placed on the lexical verb in the 16 th -century religious texts of Agricola, a phenomenon virtually unknown in spoken Finnish, which has been regarded as a result of interference from Swedish and as a possible indication that Agricola spoke Swedish as his mother tongue. (Ojansuu 1909: 167, Savijärvi 1977: 196-197, 222).  Aside from this, the same loss of person/number marking known in Finnish dialects appears in Agricola´s texts as well, as well as with other writers, though progressively and particularly after the appearance of the 1642 Bible translation more rarely (Savijärvi 1977: 237, 255). Finally, Swedish may have exerted its influence on the word order of negative sentences as well as on Finnish word order in general, namely on tendencies towards verb-fronting in Finnish (according to Lindén (1963: 217), verb-fronting in negative sentences, eg. placement of the negative verb at the beginning of the sentence, has been wrongly regarded as a result of Swedish interference by 19 th  and early 20 th  century prescriptivism). In this paper, I will examine negation in three Old Finnish translations of King Christopher’s land-law of 1443, as well as one Modern Finnish translation of the same. The three old Finnish translations under examination are Herra Martti’s translation, which was probably written in the early 1580s, in Setälä’s and Nyholm’s 1905 edition, Ljungo Thomae’s translation of 1601, in Martti Ulkuniemi’s 1975 edition, and Abraham Kollanius’ translation of 1648, which appeared in an edition by Martti Rapola in 1926. In some cases, I will refer to Airila and Harmas (1930) who compiled an index of those instances in which the manuscript on which Setälä and Nyholm’s edition of Martti’s translation is based (the Stockholm Codex) differs from other extant manuscripts of the same. Neither of the three old translations were ever printed in their own time, though manuscripts of Martti’s translation – seven of which survive until the present day - were spread and available to Ljungo and most likely also Kollanius (Pajula 1960: 41, 61, 63). It is unknown which manuscripts of Christopher’s Law Martti or Ljungo used – Kollanius could avail himself of a printed version which appeared shortly before he undertook his translation (Pajula 1955: 80).  As a Modern Finnish control-case, I have made use of Martti Ulkuniemi’s own translation which appeared in 1978. For the Old Swedish source text, I have used an electronic version of Schlyter’s edition of Christopher’s Law. Henceforth M (Martti), L (Ljungo) and K (Kollanius) will designate the three subsequent Old Finnish translations, U will designate Ulkuniemi’s Modern Finnish translation, and KrL the Old Swedish source text. In examples, Roman numbers (I-XIV) designate the chapters,  Arab numbers the paragraphs according to Martti’s translation (note, that in a number of places his division into paragraphs differs slightly from the later translations). I attempted to locate every negative sentence or phrase which appeared in at least two Old Finnish translations (as a negative clause) as well as the Swedish source text: thus my database consists of 847 phrases from M, 833 from L, 833 from K and 829 from U. Though it is of course likely that I have overlooked some negative clauses, I believe that the database should be representative of the corpus as a whole. My aim here is to research the differences in which the four translators handled the task of translating Old Swedish negativity into Old (and Modern) Finnish negativity. Thus the subject matter of this paper relates to interference as well, but mainly it is it interference in  parole , in Weinreich’s (1974: 11) metaphor, the interference that is    Merlijn de Smitr ISSN 1609-882X Seite 2  WEBFU [Wiener elektronische Beiträge des Instituts für Finno-Ugristik] 2004 “sand carried by a stream” rather than the “sedimented sand deposited in the bottom of a lake” which is interference in langue , although I will touch upon the latter as well, where appropriate. The second chapter below will deal with a general presentation of negation in Finnish as well as with variation between fused and unfused forms of the Finnish conjunction and the negative verb. The third chapter will treat person and number marking of the negative verb in the three Old Finnish translations, and the fourth will deal with the negated imperative and various prohibitive constructions in the translations under examination. In the fifth chapter, I will examine some issues concerning word order. I will present some concluding remarks in the sixth chapter. 2. General remarks 2.1. The negative verb in Modern Finnish In Modern Finnish, the negative verb e-  as well as the negative imperative äl-  are inflected for person and number: Table 1. Indicative forms of the negative verb in Modern Finnish person sing. plur. 1 en emme 2 et ette 3 ei eivät Table 2. Imperative forms of the negative verb in Modern Finnish person sing. Plur. 1 - älkäämme 2 älä älkää 3 älköön älkööt However, tense/aspect, mood and voice are marked on a lexical verb preceded by the negative verb, or on the auxiliary olla in periphrastic tenses: Table 3. Tense/aspect, mood, voice marking on the lexical verb tappaa ‘to kill’ active passive indicative praes. (en, et...) tapa (ei) tapeta imperf. (en, et...) tappanut (ei) tapettu perf. (en, et...) ole tappanut (ei) ole tapettu plusquamperf. (en, et...) ollut tappanut (ei) ollut tapettu conditional praes. (en, et...) tappaisi (ei) tapettaisi perf. (en, et...) olisi tappanut (ei) olisi tapettu imperative praes. (älä) tapa, (älkää) tappako (älköön) tapettako perf. (älä) ole tappanut (älkää) olko tappanut (älköön) olko tapettu potential praes. (en, et...) tappane (ei) tapettane perf. (en, et...) liene tappanut (ei) liene tapettu    Merlijn de Smitr ISSN 1609-882X Seite 3  WEBFU [Wiener elektronische Beiträge des Instituts für Finno-Ugristik] 2004 2.1. Orthography and translation equivalents of negative adverbs and pronouns Of the orthographic variants of the common 3rd pers. singular form of the negative verb ei  , ei occurs with all four translators, whereas eij   is used by M, L and particularly by K. Another variant, ej  , is used more rarely, and mostly by L (namely, 31 times, whereas M has 21 occurrences of ej   and K only 2). Of the 21 times M uses ej  , 18 occur in Chapter VII and VIII.   L uses the variant ey   very frequently and throughout the whole document (I counted 179 occurrences of   ey  )    – the variant happens to be homographic with the Old Swedish negative particle  ey  , and it is interesting to wonder whether this led L to use that particular orthography – as it is, however,  ey   for /ei/ seems to occur more widely in L, for example neytzyen  ('maiden'-GEN, IV:16). With K, ey   occurs only once, whereas M has ey   once and eÿ   eleven times – all but one occur in Chapters VII and VIII.  As mentioned above, Swedish employs negative pronouns and adverbs as well as a negative particle ( ey   in KrL) – most commonly in KrL, engen  and engte 'no-one, none', usually in the nominative case, to some extent case-marked as well, aldre  'never', hwargen  'neither'. The equivalents of negative pronouns and adverbs in Finnish is an interrogative pronoun marked with the enclitic -kAAn , whereas the negative verb must always occur in Finnish with these pronouns (Hakulinen and Karlsson 1988: 269). Enclitic – kAAn and  –kin (both meaning ‘too, also’, but obligatory in certain context like the negative pronouns mentioned above) have a complementary distribution in the standard language – the former occurring in negative, the latter in positive clauses – but in dialects the situation is less clear. Particularly in the eastern dialects, - kin  occurs in negative clauses as well, according to Savijärvi (1994: 118-119) possibly due to the homophony of the weak-grade variants 3  of both enclitic particles.The equivalent of engen  is, in Modern Finnish, ei kukaan , and in that fashion it consistently occurs with U wherever engen , engte  is translated with a negated pronoun, U has ei kukaan or case-marked variants in 70 cases, ei mitään 'nothing' in 22 cases, usually as an equivalent of neuter engte , and only twice ei yksikään lit. 'not one'). Variation between ei kukaan  and ei yksikään  occurs with M, L and K, which is to say, ei kukaan  is a marginal equivalent of enge, engte  (4 occurrences in M, 4 in K, and somewhat more, namely 8 in L), which is most commonly translated with ei yksikään  (83 occurrences in M, 79 in L, 87 in K). The Old Swedish negative adverb aldre 'never' is consistently (wherever a neg. adverb is used) translated with ei ikänänsä  in M, L, and K, whereas U has ei koskaan in two cases and the slightly more emphatic ei milloinkaan  in 21 cases. Hwargen, hwatzske  'neither... nor' is translated most usually with ei...eikä  or ei...eli   with all four translators (see paragraph 2.3 below). Finally, sentences and phrases beginning with the Old Swedish preposition and conjunction wtan 'without, except when, if not' have been translated with to some extent with negative sentences – usually with iold eikä, iollei   'if not' by M, L and K, ellei   'if not' by U. 2.2. Negated conjunctions In Modern Finnish, the negative verb has a tendency to fuse with a preceding conjunction or interrogative pronoun – in case the conjunction is  ja ‘and’, it is 3  An srcinally regular but in current Finnish fossilized consonantal alternation would have lead to the weakening of * k   to * γ   when preceded by a non-stressed syllable, and subsequent further weakening.    Merlijn de Smitr ISSN 1609-882X Seite 4  WEBFU [Wiener elektronische Beiträge des Instituts für Finno-Ugristik] 2004 replaced by a suffix  –kä  attached to the negative verb in the Modern written language as well as in dialectal Finnish (Ikola, Palomäki and Koitto 1989: 64-65), for example  ja en  --> enkä ,  ja ei --> eikä , etc.. With other conjunctions, apocope of the final vowel occurs and the negative verb is fused to the stem of the conjunction, i.e. että ei --> ettei.  The process underlying the latter – apocope of a final – ä / -a  before a following vowel (as well as the ensuing fusion between the conjunction and the negative verb) - is well-known in most Finnish dialects (Rapola 1966: 490-491). Current normative grammar only allows  ja  initializing a negative sentence when it is not immediately followed by the negative verb, otherwise the use of the fused form is obligatory (Häkkinen 1994: 379, Saarimaa 1971: 257). The older literary language, however, varied in this respect: both fused forms ( eikä, ettei   ) and unfused forms occur in  Agricola´s writings (Häkkinen 1994: 378-379). Negative sentences initiated by a conjunction are extremely common in the translations of KrL. There are some cases in M in which a fused conjunctive or unfused conjunctive (immediately followed by a negative verb) co-occurs with a negative verb elsewhere in the sentence. In one case L has a similar contamination in the same sentence – though in a different place: III:12 4  M: quitengin ioldei cansalapsett   ei ole tiedholle tulluet, ia ios Isä eli äiti ei    ole eläillä, however IF-NEG sibling-PL NEG are knowledge-ALL come-PARTIC  joka ei    tappanut eli murhannut   L:  jos ey täysiä sisarita ole taidholla tullet, jos ei isä eli äiti ei ole  elehillä ioca ei tappanut eli murhannut  i if NEG father or mother NEG is alive KrL: æn ey æru samsytzkan til weetz komen, oc æn ey ær fadher eller modher lifuandis til som ey draapo eller myrdho ‘If no siblings are yet able, and if they have no living father or mother, who has not committed murder’ V:31 M: nÿtt ios se quin maan eli kihlacunna ÿcteitzellä asupi köÿhtÿ nijn ettei hän maan eli kihlacunnan THAT-NEG he land-GEN or district-GEN oikeut ei woi vlgos tehdä right-PART NEG can uphold KrL: Nu æn then som a almenningiom landz eller heredz boor, kan fatikdom henda, swa ath han formaa ey    landz skyld vppehalda ‘if he who lives on the common lands of the land or parish is so impoverished, that he cannot comply with the rights of the land or the district’ 4  The following abbreviations are used in glosses:  ACC accusative 1 first person  ADESS adessive 2 second person  ALL allative 3 third person CONJ conjunction DAT dative/genitive IMPER imperative ELAT elative NEG negative verb ESS essive PART participle GEN genitive PASS passive ILL illative INESS inessive INSTR instructive PART partitive PL plural SG singular TRANSL translative    Merlijn de Smitr ISSN 1609-882X Seite 5
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