While in the majority of English-speaking territories the dominant legal tradition iscommon law, in Louisiana and Quebec the native language is English and the legal system stems from continentalcivil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of Englishcivil lawterminology with well-founded conceptual background.The civil codes of Louisiana (...) and Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 51-67.

The aim of this research paper is to examine Latin in the context of legal translation between the Polish, English and French languages. Latin ap- pears in contemporary legal discourse in the form of maxims, short phrases and terms. Even though it constitutes an integral element of legal drafting, Latin often attracts little attention from legal translators. It is falsely assumed that Latin elements of the text do not require translation due to (...) several miscon- ceptions related to the Latin language. Firstly, Latin is generally perceived as a global language with no local variations in form. Secondly, Latin is believed to be the universal point of reference in international communication. Thirdly, Latin legal phrases or maxims are thought to originate solely from Roman law, thus they express only Roman legal thought. In the first part of the paper we will address the above issues. To this end, we will briefly discuss the historical presence of Latin in the European lin- guistic context. We will then present the results of our research into the use of Latinisms in the Polish, French and English legal systems. The subject of our research was a set of twenty Latin maxims and phrases that frequently appear in the decisions of the Polish courts. During the first stage of the analysis, the items in question were verified in Legalis. The second stage of the research involved the consultation of monolingual dictionaries of French and English legal language to verify the universal charac- ter of the analyzed Latinisms. During the third stage of the analysis, we looked at the practical use of Latinisms in online databases of legal texts. The paper concludes with some comments on Latinisms in lexicographical publications and online sources. (shrink)

The purpose of the paper is to analyse the translation into English and Korean of the old Polish criminal law terminology used by Adam Mickiewicz in his renown poem entitled “Master Thaddeus, or the Last Foray in Lithuania: A Nobility’s Tale of the Years 1811–1812, in Twelve Books of Verse” Mickiewicz (Pan Tadeusz czyli ostatni zjazd na Litwie. Historia szlachecka z roku 1811 i 1812 we dwunastu księgach wierszem). The research methods used encompass the analysis of parallel (...) texts of the poem. The authors first selected the fragments of the poem containing criminal law terminology. Next analysed two translations into English (Biggs in Master Thaddeus, or the last Forey in Lithuania—by Adam Mickiewicz, an Historical epic poem in XII books, translated from the original by Biggs, with a Preface by W.R. Morfill, M.A. and Notes, by the translator and Edmond Naganowski, Trübner et Comp, London, 1885 and MacKenzie in Adam Mickiewicz. Pan Tadeusz or the Last Foray in Lithuania. A Tale of the Gentry in the Years 1811 and 1812 translated into English verse with Introduction by Kenneth R. Mackenzie, Polska Fundacja Kulturalna, Londyn, 1990) and one into Korean Cheong et al. (『판 타데우시』 [Pan Tadeusz] Hankuk University of Foreign Studies, Seoul, 2005). The findings reveal that the terminology under scrutiny in the majority of cases must be considered obsolete and legal system-bound. Mickiewicz (1834) referred to the laws binding Poles under the Third Lithuanian Statute (Wilno, 1774). Therefore, the translators had to face the challenge of deciphering the appropriate meanings and finding equivalents sufficiently conveying them. (shrink)

The paper deals with the problem of translating selected insolvency terminology from Polish into English and from English into Polish. The re- search corpora encompassed the Insolvency Act 1986 as amended and Ustawa z dnia 28 lutego 2003. Prawo upadłościowe i naprawcze [the Act on Polish Insolvency and Rehabilitation Law of 28th February 2003 as amended]. The research methods included: the comparison of parallel texts, the method of axiomatisation of the legal linguistic reality, the (...) termino- logical analysis of the corpus material, the concept of adjusting the target text to the communicative needs and requirements of the community of recipients and the techniques of providing equivalents for non-equivalent terminology. The research hypothesis has been so formulated that the parametrisation of legal reality may assist in finding more adequate equivalents and determine differences in meaning of compared source and target language terms, which in turn facilitates the choice of a more adequate technique of providing equivalents for non-equivalent or partially equivalent legal terminology meeting the com- municative needs of translation recipients. The research results revealed that insolvency terminology is highly system-bound and available equivalents may often be misleading for the community of target text recipients. (shrink)

The aim of this paper is to discuss a selection of Japanese rape-related terminology and their potential equivalents in English and Polish. In this article the author will present an analysis of chosen rape-related terminology which is present in legislation and other legal texts, as well as in the media. Firstly, the definitions of selected terms will be provided; next, potential equivalents from the British, American, and Polish legal systems will be chosen in order to (...) carry out comparative linguistic analysis. Finally, conclusions will be drawn on whether there are near, partial, or no equivalents in the languages under scrutiny. (shrink)

In this paper I would like to present a brief description of the issues in English-Polish translation in the field of antitrust. Ever since Poland became a part of the broadening European integration, the Polish antitrust laws have been strongly “Europeanised”. Many new linguistic elements exist in both the Polish language of antitrust law and Polish legal language. Whatever the cause, the result is a decrease in the quality of the language. The issues (...) of concern are divided into two groups. The first relates to producing Polish versions of EU legal documents concerning antitrust. The second is related to translating English language of antitrust for the purposes of drafting national documents concerning antitrust, both legal documents and documents that are not legally binding. I will then turn to areas where a change is needed and propose measures that might be helpful in the current circumstances. (shrink)

Legal terminology is deemed a key feature of legal discourse and a pivotal constituent of competence evaluation and quality control in the translation of legal texts. Problems of terminology unequivocally prove the need for analysing factors governing changing situations as well as macro-textual parameters and measures for the sake of making strategic decisions at a micro-level. There have been a lack of translation methodology among practitioners and trainees and a lack of a practical operational model (...) that comprises all the primary measures and criteria for analysing translation. The present paper seeks to test the efficacy of the integrative model proposed by Prieto Ramos The Ashgate Handbook of Legal Translation, Ashgate Publishing Limited, Surrey, 2014) in surmounting terminological problems of Arabic-English legal translation through applying the said model to the translation of the three Arabic Islamic legal terms: ‘bayʿu al-tawliya’, ‘bayʿu al-wafāʾi wal-amāna’ and ‘takhliya’ into legal English. The present paper claims that the integrative model proposed by Prieto Ramos The Ashgate Handbook of Legal Translation, Ashgate Publishing Limited, Surrey, 2014) proves useful and fruitful in coping with terminological incongruencies and particularly successful in surmounting problems of rendering legal terms from legal Arabic into legal English. This may be owing to the fact that the said integrative model encompasses all the steps and criteria required for adopting plausible strategic translation decisions. (shrink)

Land registration systems are used throughout the world in order to store information on the ownership of land, rights attached to it, and burdens affecting it. A smoothly functioning land registration system guarantees the security of land transfer operations. However, there are significant differences in the way national land registration systems are run due to their historical development and divergent legislative approaches to land registration. Consequently, the need arises to compare different systems so as to find both common ground and (...) discrepancies between them. The paper contains such a comparative analysis which has been carried out with translation in mind: to discover the best ways of transferring land registration legal concepts expressed in one linguistic framework and characteristic of a given legal culture into target legal spaces using other linguistic frameworks. The comparison in question has taken place in a third space, a space where selected aspects of selected legal systems mingle revealing more or less clear similarities and more or less distinct differences between them. The juxtaposition of source and target legal cultures in a third space has resulted in finding translation equivalents that do not abuse the original ideas or—if this has been unavoidable—abuse them to the smallest extent possible. The analysis has covered the Polish land registration system and equivalent systems in English- and German-speaking countries and has been conducted from the point of view of a Polish-English and Polish-German translator. (shrink)

The standards for translating texts in specialized fields have become particularly rigorous with the increasing complexity of material and growing demand for its translation. While translations simply aimed at communication and produced by machine translation are proliferating, the need for reliable and high-quality translations is also increasing. The demand for expert-dependable legal translation is higher than ever, requiring competence-based training in the field of legal translation. This paper describes a guided-task framework for developing subject (...) area competence at the earliest stage of an English–Arabic legal translation course. It presents the three most problematic phases of concept processing in legal translation in terms of: legal systems; branches of law; and genre-based phraseology. The approach presented below is part of a more general study that aims to describe the first course in a series of three graduate courses on legal translation, each of them motivated by a guided-task framework that has the aim of developing three specific competences in legal translation: legal concept processing => subject area competence; documentary research => instrumental competence; and legal rhetorics => communicative and textual competence. In this paper we intend to focus on the first course of legal concept processing as a key prerequisite for legal knowledge development. We illustrate the relevance of addressing specific variables when analysing legal concepts in the text that is to be translated, before proceeding to the information search and communication, according to established formulae and conventions. (shrink)

Legal translation is viewed as “a category in its own right” (Weston in An English reader’s guide to the French legal system. Berg, Oxford, (1991, p. 2). It is a kind of translation of the language used for specific purposes (Zhao in J Transl Stud 4:28, 2000). Legal translation requires accuracy in relaying the substance of the message, while respecting the form thereof as well as the genius of the target language (Zhao in (...) J Transl Stud 4:19, 2000; Sarcevic in New approach to legal translation. Kluwer Law International, Hague, 1997, p. 52). As generally accepted worldwide, precision is deemed of paramount importance in legal translation. With this in mind, the present paper deals chiefly with the concept of how legal translation can correctly be tested in order to ensure precision and validity for application and implementation. The paper will argue that the main goal of legal translation and the major criterion against which the precision of legal translation should be tested is to reproduce the same legal effect in the target text as that conveyed in the source text regardless of the method(s) used in the translation process. (shrink)

The paper presents findings gathered in an exploratory, descriptive, corpus-based analysis of a parallel corpus composed of English corporate documents and their translations into Polish with regard to the frequency-related, binary strategy distribution pattern. In general, the author posits a distinctiveness of interlingual communication in the domain of law, as delineated by the institutional and disciplinary framework. The material extracted from the corpus and studied for its generic features points to the hermetic character of corporate written communication in (...) English. The thesis to be verified is whether there are any tendencies in the distribution of the translation strategies in the corpus texts. The research question was operationalised via coding the corpus extracts according to the binary strategy division scheme. Further, the data have been discussed in reference to the sociocultural background of the communicative situation covered under the analysis in order to account for the translators’ motivation. (shrink)

Recent trends in academic and professional legal communication worldwide have promoted significant changes to aim at operating successfully under current multilingual and multilegal contexts. The aim is to consider a kind of supranational legal discourse so as to minimize socio-cultural variants and to promote the pragmatic conditions for harmonized and ‘common sense’ legal practices without excluding potential reciprocal influences of or resistance to one hegemonic legal system upon others. In Brazil, the traditional ‘thinking like a civil (...) lawyer’ culture still prevails against a more global approach constraining the consolidation of the country’s role of major player in most global legal areas. In addition, the key tool required for achieving some sort of global legal status—Brazilian legal operators’ proficiency in legal English—has been barely considered in both academic and professional settings, particularly in legal translation. This study resorts to the linguistic anthropology concept of ‘entextualization’ to discuss the process of official translation in Brazil to render global legal genres. The comparative analysis between the original text in English and its official version in English focus on drafting consistency, the translator’s choice of some formal entextualization elements used in the process of translation and his/her authority as the entextualizing agent to legitimate text. (shrink)

The importance of forests is reflected in the national forest legislation which has been developed and implemented in European countries over recent years. Due to regional and national specificities, forest regulations include culturally immersed terms specific to the described area. The aim of this paper is to analyses the culturally driven legal terms existing in specific legal regulations concerning forestry in Germany, the United Kingdom, the United States of America and Poland, and identify possible ways of translating them. (...) In order to take the interdisciplinary nature of the issue into account, the degree of hybridity of the selected texts will be examined by means of corpus analysis. The methodology applied in the paper uses a comparative approach. Additionally, the authors also resort to the aforementioned corpus analysis, as well as the analysis of comparable texts and the analysis of terminology according to the three categories of equivalence as determined by Šarčević, and the techniques of providing equivalents for non-equivalent or partially equivalent terms as research methods. The material used for analysis comes from selected German, English and Polish legal acts regulating forest management and maintenance that are considered as corpora for the selection of culturally immersed terminology, namely: the Polish Act on Forests of 28th September 1991 [Ustawa z dnia 28 września 1991 r. o lasach], Title 16 U.S. Code Chapter 2—National Forests, Forestry Act 1967, Chapter 10, German Forestry Act 1975 [Gesetz zur Erhaltung des Waldes und zur Förderung der Forstwirtschaft von 1975]. The paper concerns potential problems that could occur in the translation of culturally immersed legal terminology due to the terms’ rigidity and high degree of specificity. The studies presented will allow conclusions to be drawn regarding the possibilities and strategies for translating culturally immersed terms. In addition, the availability of terminological dictionaries for these language pairs will be discussed. (shrink)

Legal translation between English and Arabic is under researched. However, the growing need for it, due to immigration and asylum seeking, among other reasons, necessitates the importance of more research. The asymmetry between English and Arabic poses many difficulties for legal translators, be they linguistic-based, culture-specific or system-based. The aim of this research is to discuss ways of translating lexical items between English and Arabic. In this current discussion I will present, exemplify and analyse (...) the common difficult areas of translating English/Arabic legal texts and suggest ways of dealing with them. These areas involve culture-specific and system-based terms, archaic terms, specialised terms and doublets and triplets. With this aim in mind, the paper answers the following research questions: 1.What are the common difficulties of translating legal texts between English and Arabic? 2.What are the common lexical difficulties between English and Arabic legal texts? 3.What are the procedures of translating lexical legal terms between English and Arabic? The paper concludes that translating the above-mentioned lexical terms requires expertise, professional training, robust knowledge of the linguistic and legal systems of languages, as well as up-to-date electronic dictionaries and well-defined parallel corpora. (shrink)

The aim of this paper is to carry out a comparative analysis of clauses in Polish and English copyright agreements in respect of their translation by a computer assisted tool—Google Translate, and to assess the quality of such translation. The comparison of parallel texts as a research method has been applied. The research corpora include authentic Polish and English Copyright Agreements. The analysed clauses have been excerpted from the above mentioned Copyright Agreements. The author (...) chose the most standard clauses as well as clauses typical for copyright contracts. As a result of the analysis, translations provided by Google Translate are better in terms of typical clauses but of worse quality in terms of specialised copyright clauses. (shrink)

By exploring the cultural discrepancies in Chinese legal texts and their English versions and to what extent legal and cultural discrepancies influence and constrain legal translation, the study argues that it is useful to consider cultural discrepancies within a semiotic framework. Language is a phenomenon and factor that links different cultures; the use of language is crucial to any legal system. Law, as a cultural product, is attended by cultural discrepancies when switched into other (...) languages for the purpose of achieving equivalence. After a brief overview of cultural differences in translation, legal translation in particular, the study is set to examine the role of translation in crossing through different legal cultures and backgrounds and investigate barriers in the process of translation. Investigating cultural discrepancies in legal translation within a semiotic framework allows us to focus on certain interpretations by acknowledging that legal texts are composed with systems of systems and interacting with other cultural aspects in a wider context. (shrink)

The article deals with the comparison of key terminology in the field of copyright in the Polish, English, Japanese and German languages. The research material consists of copyright acts binding in Poland, Great Britain, the United States of America, Japan and Germany. The terminology has been compared in order to reveal similarities and differences in the meaning. Firstly, statutory terms from the Polish, English, German and Japanese acts will be presented and discussed. Also, a list of (...) functional equivalents will be presented. The task was to search for functional equivalents, and if there is partial equivalence or no equivalence, an equivalent was provided according to techniques of providing equivalents for non-equivalent terms. They were made in such a way that equivalents will correspond with the reality of the laws in the above mentioned languages. The terms have been extracted with the usage of AntConc. The method of analysis of comparable texts has been applied as well as the one based on three categories of equivalence by Šarčević : “near equivalence”, “partial equivalence” and “non-equivalence”. Special attention has been paid to system-bound terminology existing in those five legal systems. To sum up, it should be borne in mind that the copyright law has been unified almost world-wide. As a result many countries have adopted similar or almost identical principles in this respect. Therefore, there is a significant convergence of meanings of analysed copyright terms with only slight differences resulting from deeply ingrained local and national legal traditions. (shrink)

Considering the overwhelming amount of media products that we are subjected to in the 21stcentury and the way in which those inevitably influence our perception of reality, this research pays specific attention to the role of the media in the construction and enhancement of stereotypes in everyday life, via the language or, more specifically, specialized languages. In particular, this paper aims to investigate an American legal TV series in order to analyze the way in which legal English (...) is used in dialogues. The major research questions are: to what extent such a kind of specialized discourse may be really understood by the greater audience? How does legal drama participate in the shaping of stereotypes relating to the legal environment in the country where it is produced, and cross-culturally, bearing in mind the prominence of “made in the USA” products in the television programming across the world? Ultimately, in the light of the previous questions, should the growing field of research in audiovisual translation extend its investigation into the area of legal English? Taking into consideration the seminal work of Pedersen and Diaz Cintas in the field of Audiovisual Translation, the study will examine the subtitling techniques employed for this atypical genre. Through the analysis of a corpus comprising several dialogues from a collection of episodes of the legal show Reckless, the paper will mostly focus on gender representations and their most common linguistically enhanced stereotypes. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Conquest and English Legal Identity in Renaissance IrelandBrian LockeyLike the Spanish administrators of the American territories, English administrators of Ireland attempted to impose their own native legal system on the Irish inhabitants. Nonetheless, important differences existed between the two kingdoms' legal approaches to their respective colonial contexts. Because Spanish jurisprudence was allied with universalist Catholic doctrine and was officially based on Justinian's Corpus Iuris (...) Civilis (the ancient Roman legal code which had close affinities to natural law discourse), Spanish administrators expected New World inhabitants to accept what they considered to be the "universal values" that were inherent in Spanish law.1 In contrast English common law had its roots not in natural law but in the peculiar customs of the English people. Thus, while the Spanish were able to claim that they were replacing unnatural Indian customs with a legal system rooted in universal natural law, the English were attempting to reform what they considered to be the unnatural practices of the Irish by imposing a legal system defined by its insularity and its peculiar affinity with English institutions.2 In this essay I show that Renaissance ethnographies on Ireland by such English administrators of Ireland as Edmund Spenser, Sir John Davies, and Fynes Moryson are fractured by a conflict between a commitment to natural-law theory, which had its origin in continental writings, and a corresponding commitment to the native English tradition of common law. I examine how works by Spenser, Davies, and Moryson dealt with this conflict within their collective project of articulating a legal justification and strategy for the pacification of Ireland. [End Page 543]Despite reports throughout Europe of Spanish-perpetrated cruelty throughout the Americas, the idea that war or conquest could be just or even charitable when prosecuted against oppression originated within the Catholic tradition of scholastic just-war theory.3 Many of the sixteenth-century writers who were writing about war and conquest in legal or ethical terms were Spanish or continental theologians who had attempted to evaluate Spanish imperial policy in the New World. On the one side were such figures as the Scottish theologian John Major and Spanish historian Juan Ginés de Sepúlveda, both of whom had justified Spanish conquest and treatment of the Indians using arguments based on the foundation of natural law.4 On the other side were those who had, on similar terms, voiced criticisms of the cruelties which Spanish forces were inflicting on the Indians. Francisco de Vitoria and Bartolomé de las Casas were certainly the most notable Spanish writers who favored more ethical treatment of New World inhabitants.5 Other prominent defenders of Indian rights were Domingo de Soto and Melchor Cano.6 Whether directly or through intermediaries, the ideas of many of these writers permeated the ideological fabric of England.Sir Fulke Greville's famous statement about Sir Philip Sidney's goal of fostering alliances with New World inhabitants in order to overthrow the Spanish authorities included an awareness of the "inhuman cruelties" of the Spanish forces, an awareness that probably originated in the English translation of Las Casas's Brevissima relación de la destrucyión de las Indias (1552).7 Beyond [End Page 544] this significant text, however, there were others. One important book that captured the ideas of the early Spanish debates on the ethics and justice of the New World conquests was Antonio de Guevara's Relox de príncipes (1529), a work twice translated into English during the sixteenth century.8 The third book of the Relox de príncipes, which treats the princely virtues of justice, peace, and magnificence, contains several sections that together constitute a polemic against violent imperialism and unjust conquest. In one notable episode Guevara employs the example of ancient Roman imperialism to produce a veiled critique of the injustices which Spain had committed against New World polities. A "villain of Danuby" from a German province newly conquered by Rome makes a speech to the Roman senate in which he criticizes the injustice of his Roman oppressors. The German villain characterizes the conquest of Germany in the following terms: "For I let you know, if you do not know it, that when... (shrink)

Various aspects of prepositions translation have been primarily investigated in the framework of translation theory. Applied research is mostly focused on translating particular groups of prepositions against the background of plain language. Legal translation researchers have not yet comprehensively analysed peculiarities of translating Russian prepositions used in legal texts into English. The paper is an attempt to investigate the difficulties which Russian learners can encounter when translating prepositions from Russian commercial contracts into English. (...) Methods employed include language typology comparison, continuous sampling technique, language corpus data analysis as applied to language error forecast and prevention. The material selected for analysis – Russian commercial contracts – is chosen in accordance with the principles of professionalism, globalization, specialisation as well as graduates’ employment opportunities. The author develops a classification of prepositions drawing upon their structural, grammar and semantic functions in the texts of Russian commercial contracts. The findings reveal negative interference zones that can potentially cause preposition errors. Feasibility of the forecast is confirmed by the analysis of real learners’ errors. The research concludes that modelling legal translation teaching which takes into account potential interference zones for students can contribute to shifting focus to problem zones while teaching, raising students’ awareness, and therefore acting as propedeutics of the corresponding errors. (shrink)

The paper discusses the problem of translating selected Civil Procedure terminology from Greek into Polish and from Polish into Greek. The research material includes corpora of normative acts and more precisely those, which regulate Civil Procedure of Poland, Greece and the Republic of Cyprus. The research methodology is based on the concept of parameterisation, according to which the legal linguistic reality becomes axiomatic. Then the set of relevant dimensions and parameters is extracted. The set of parameters are (...) a tool where certain information is given: yes/no/none and thus a clear result of comparison between legal system bond terminology can be drawn up. The results of this comparative analysis provide highly regulated and available translation equivalents, which are essential when legal translation is performed within the frame of legal reality. Selected examples of use of these equivalents are given when discussing the results. (shrink)

The study is aimed to test the governing-law anchor in the comparative analysis of legal terminology to harmonize the clash of legal cultures in legal translation. It is considered as an adjustment to a juritraductological approach to legal translation which invites legal translators to merge the tools of jurilinguistics, comparative law and traductology in the comparative analysis of legal concepts before selecting a suitable translation solution (Monjean-Decaudin, in: Research methods in (...) class='Hi'>legal translation and interpreting, Routledge, 2019). Rather than transposing a text from a source law system to a target law system, legal translators are believed to operate in the bi-semiotic environment of two legal cultures as navigators of their recipients toward understanding the legal concepts under the governing law of the document. To this end a comparative conceptual analysis, that correlates with the parametrization method (Matulewska in Stud Logic Gramm Rhetor 45:161–174, 2016), should be anchored in the analysis of the source law concepts (Šarčević in New Approach to Legal Translation, Kluwer Law International, The Hague, 2000). First, the componential and taxonomic analyses were used to identify conceptual markers/parameters of source concepts to serve as tertia comparationis for the subsequent search of their functional equivalents in the target legal culture. Source concepts and their functional equivalents were subsequently subject to a comparative componential analysis aimed to reveal a degree of their match based on which coinage operations were activated in selecting suitable translation strategies. We hypothesized that the change in the governing-law perspective would trigger changes in translation solutions. The governing-law-anchored process of comparative analysis was detailed and exemplified by the analysis of the conceptual field of Homicide in the Slovak law, English law, and the US Model Penal Code. (shrink)

This paper aims at clarifying some of the most common issues that legal translators have to face when dealing with the translation of private normative texts, such as contracts or wills, which naturally emerge as the consequence and expression of legal or juristic acts in the scope of private law, in Spanish and English. To comprehend the differences and subtleties regarding legal communication between the common law and the continental law countries (specifically the United States (...) and Spain, respectively), we must unveil some essential clues for their translation and application in the global scope of professional interactions, thus creating a process of inter-legal communication, which takes place through the mutual interpretation and application of two, or more, legal traditions. Through the deployment of a generic or pragmatic analysis at textual or discursive and formal or superficial, strata, of two types of genre within the domain of private law (namely wills and tenancy agreements, or leases) this work aims to prove that both the civil law and the common law private instruments are translatable with respect to each other. An important proviso, however, is that their legal traditions and the genres that constitute the communicative tools of their specialised communities must be duly respected and kept in equilibrium, so that one does not overshadow and obliterate the other. Only in that way can the “convergence” of the two traditions truly enrich and strengthen national and international legal culture. (shrink)

This paper deals with translating legal terminology concerning child maintenance from Polish to Swedish. The analysis covers selected terms regulated in the Polish civil law and their possible Swedish equivalents. The method used is based on the parameterisation of legal terms, which allows the specification of terms by selected parameters, which are understood as mutually exclusive properties. The parameterised equivalents are analysed in the context of various types of recipients. This provides the basis for the choice (...) of appropriate translation strategies. The author also discusses pragmatic equivalents featured in Rikstermbanken, the Swedish national terminological database, and those used in practice. (shrink)

In this paper, we present an informal introduction to Logical English and illustrate its use to standardise the legal wording of the Automatic Early Termination clauses of International Swaps and Derivatives Association Agreements. LE can be viewed both as an alternative to conventional legal English for expressing legal documents, and as an alternative to conventional computer languages for automating legal documents. LE is a controlled natural language, which is designed both to be computer-executable and (...) to be readable by English speakers without special training. The basic form of LE is syntactic sugar for logic programs, in which all sentences have the same standard form, either as rules of the form conclusion if conditions or as unconditional sentences of the form conclusion. However, LE extends normal logic programming by introducing features that are present in other computer languages and other logics. These features include typed variables signalled by common nouns, and existentially quantified variables in the conclusions of sentences signalled by indefinite articles. Although LE translates naturally into a logic programming language such as Prolog or ASP, it can also serve as a neutral standard, which can be compiled into other lower-level computer languages. (shrink)

This study seeks to explore the major errors that frequently emerge when novice translators translate technical texts, namely legal documents released by the Department of Lands and Survey in Jordan. The goal behind this investigation is to improve legal translation training, develop students’ drafts based on the types of their mistakes, and deliver a message to curricula designers in the field of legal translation. To this end, 20 Jordanian novice translators (MA students) are chosen from (...) two private universities to translate three legal documents from Arabic into English. The main findings revealed that different problems emerged, namely the participants’ inability to translate near-synonym technical terms, grammatical problems, and stylistic problems at both lexical level and sentence level. These findings are hoped to be insightful for both learners and teachers. A number of pedagogical recommendations are proposed by the researchers to develop learners’ competence and reach a professional level and open the venue for trainers to achieve advances in the quality of the target text and in the translation teaching–learning process. (shrink)

This essay opens the Special Issue of the International Journal for the Semiotics of Law entitled “Legal Languages and Legal Communication” devoted to issues in translating, interpreting and teaching legal languages and legal communication. This volume of the International Journal of the Semiotics of Law comprises twelve articles which might be grouped into three categories of problems i.e. culture in legal translation and interpretation, legal discourse and/in legal communication and teaching legal (...) languages and legal communication. The first section refers to issues connected with legal terminology and the impact legal culture has on the quality of translation and interpretation (Kordić in Int J Semiot of Law 36 (4); Janigova in Int J Semiot of Law 36 (4); Matulewska and Oh in Int J Semiot of Law 36 (4)). The second part focuses on the question of legal discourse with a special emphasis on its role in legal communication (Więcławska in Int J Semiot of Law 36 (4); Alwazna in Int J Semiot of Law 36 (4); Hadryan and Rutecka-Góra in Int J Semiot of Law 36 (4); Orts in Int J Semiot of Law 36 (4); Cudowska in Int J Semiot of Law 36 (4); Górska and Juzaszek in Int J Semiot of Law 36 (4) and Grieshofer in Int J Semiot of Law 36 (4)). The third and last section of the special issue is dedicated to question of instructing legal languages and legal communication and, mainly tackles the problem of designing curricula of English for Legal Purposes in such a way so as to equip legal professionals with such linguistic competences, knowledge and skills that are most valuable for their work (Bhatia in Int J Semiot of Law 36 (4); Chiknaverova in Int J Semiot of Law 36 (4)). (shrink)

This paper addresses the relation between explicitation and translation expertise in the rendition of nominalisation and participles in the legal Qurʾānic verses specific to purification and prayer. It uses a corpus-based method: _The Qurʾānic Arabic Corpus_. The paper argues that most of the expert Qurʾān translators explicitate in rendering nominalisation and participles in the legal verses specific to purification and prayer into English in the said corpus. They explicitate in the form of both addition and specification (...) with varying degrees as the former is adopted twice as much as the latter. The paper claims that most explicitations specific to the rendition of nominalisation and participles in the legal Qurʾānic verses peculiar to purification and prayer in the corpus have been superfluous, albeit justifiable. This may confirm the relation between explicitation and translation expertise in _The Qurʾānic Arabic Corpus_ in the sense that although the meaning of nominalisation and/or participles is wholly translated into English, the Qurʾān translators still explicitate through addition or specification to further facilitate the comprehension process. This paper offers a baseline for examining explicitation exercised on nominalisation and participles in the legal Qurʾānic verses particular to purification and prayer, which may have implications for future studies conducted on the same topic in other similar legal contexts. (shrink)

The present work examines the role of persuasive lexicon in legal discourse through the analysis of emotional devices at a lexical and rhetorical level. Our preliminary premise is that emotion is deployed by experts to convey the sentiment of shared values and epistemic trust: the need to rely on the tenets of the law as fair and conducive to the common good. The corpus of our study is constituted by the conclusions in their original Spanish, and their translation (...) into English, by the Advocate General Manuel Campos on the challenge by Hungary and Poland of the regulation establishing a “conditionality regime” in the event of a rule-of-law breach in a EU Member State. To this end, we undertake a two-pronged analysis of legal persuasion to find out what emotional devices are deployed to convey the rule-of-law principles of justice, non-discrimination, equality and solidarity. At a first stage, we concentrate upon the polarity and intensity of emotion words and their categories. Emotional implicatures in the shape of legal technolects and metaphorical ontologies and the way they are deployed in each text constitutes the second part of our study. Among our conclusions are that both the original and target texts have a strong persuasive character, mainly grounded in the negative emotion of fear and the positive emotion of trust, and that there are variances in the emotional language deployed in either version due to the different mechanics of each law system and to functional differences between English and Spanish. (shrink)

The translation process constitutes an essential part in every translator’s professional training. Translation students should be familiarised with several textual genres of different difficulties. The aim of this study is to show the importance of including semi-specialised texts in general translation subjects. To do so, a selection of semi-specialised texts was included together with more general topics. Thanks to this, translation students can learn how to deal with general and semi-specialised documents by giving their critical views (...) in a cooperative environment. They additionally improved in the correct use of translation techniques in both types of text. (shrink)

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the (...) legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu). (shrink)

[full article, abstract in English; only abstract in Lithuanian] The collection of Vilnius University Library contains an incomplete, anonymous manuscript of a Polish translation of The Contest of the Faculties by Immanuel Kant. Numerous features of the manuscript confirm that it is a fragment of the lost translation by Józef Władysław Bychowiec, one of the most important popularisers of Immanuel Kant’s philosophy in Poland and Lithuania at the beginning of the 19th century. The manuscript is the (...) earliest known work by Bychowiec, probably completed during his philosophical studies in Königsberg. (shrink)

Context is a notion that is commonly invoked in many linguistic studies, either with very general reference or, more specifically, in the light of one of a number of research approaches which assign distinct definitions to context, ranging from factors that can be recovered from a text, through social parameters serving as an index for the appropriation of discursive performance, to factors that bring texts into being and give them meaning. This exploratory and descriptive research problematises the notion of context (...) specifically on the grounds of English/Polish translation of corporate documentation processed in company registration proceedings, touching upon factors that are presumed to be discursively relevant in this communicative situation. The study is conducted from the perspective of the sociocultural approach and it adopts the parallel corpus methodology. The author discusses the concept of context on the ground of legal communication and secondarily presents a corpus-based description of the context categories that are idiosyncratic and potentially discursively relevant for the said communicative situation in the cross-linguistic perspective. The contextual variation is tested for its capacity to affect translation performance. The results reveal specific tendencies as regards the distribution patterns in the values corresponding to the investigated context categories. They point to some divergencies in translation output caused by the source text variantivity and they pave the way and directions for further research. Already at this stage the findings may have significant pedagogical value and they constitute a solid starting point for sociolinguistic research on discourse variantivity. (shrink)

This book provides a detailed commentary on the classic monograph by Alfred Tarski, and offers a reinterpretation and retranslation of the work using the original Polish text and the English and German translations. In the original work, Tarski presents a method for constructing definitions of truth for classical, quantificational formal languages. Furthermore, using the defined notion of truth, he demonstrates that it is possible to provide intuitively adequate definitions of the semantic notions of definability and denotation and that (...) the notion in a structure can be defined in a way that is analogous to that used to define truth. Tarski’s piece is considered to be one of the major contributions to logic, semantics, and epistemology in the 20th century. However, the author points out that some mistakes were introduced into the text when it was translated into German in 1935. As the 1956 English version of the work was translated from the German text, those discrepancies were carried over in addition to new mistakes. The author has painstakingly compared the three texts, sentence-by-sentence, highlighting the inaccurate translations, offering explanations as to how they came about, and commenting on how they have influenced the content and suggesting a correct interpretation of certain passages. Furthermore, the author thoroughly examines Tarski’s article, offering interpretations and comments on the work. (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies that (...) arise when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

From the perspectives of foreign-Chinese bilingual law dictionaries, Chinese-foreign bilingual law dictionaries, and monolingual Chinese law dictionaries, this paper reviews the compilation and publication of law dictionaries in China over the past six decades following the founding of New China in 1949, especially over the past three decades after the policy of reform and opening up was adopted in 1978. This paper reevaluates the translated legal terms covered and defined in the Legal Dictionary of the Soviet Union, Law (...) Dictionary, Oxford Large Dictionary of Law, Chinese-English Glossary of Terms of Laws and Regulations of People’s Republic of China and English-Chinese Dictionary of Anglo-American Law to analyze the roles of law dictionaries on the standardization of the translated Chinese legal terms. (shrink)

The context-based use of terminology and phraseology is one of the essential building blocks of legal translation. The contextual nature of both components has implications when it comes to designing resources that are adapted to the needs of translators. For Arabic legal translation, there are a multitude of different print and online resources available, however, they do not integrate the context-related parameter for term choice acceptability. In this article, we will describe the main features of certain (...) bilingual legal dictionaries with the English-Arabic and French-Arabic language pairs. We will then make a descriptive assessment of the tools available online, highlighting their limitations. Taking into consideration all the contextual parameters involved in making a translation choice, we will put forward the value of developing bilingual ontologies with Arabic. With the rapid expansion of information technologies, a move towards formalizing legal knowledge will help fill existing gaps in the representation of Arabic legal content and the retrieval of information, providing legal translators with a tool that provides specific details that will enable translators to make informed and relevant decisions, in addition to opening new research perspectives for Arabic legal translation. (shrink)

This paper aims to investigate the differences between the concepts of libel and slander as understood by the Polish statutory and English common law. As it turns out, the above terms are not only divergent with regard to language but also with regard to corresponding acts in the real world. Western cultures cherish such values as dignity, honour and self-fulfillment as the underlying rights of a citizen in democratic countries. The above terms are being constantly referred to in (...) international treaties and conventions but the question which should be asked is whether they receive due attention in legal practice. As regards interpretation, not only in theory, but also in practice the important issue is not how the defamatory statement makes the person referred to feel, but the impression it is likely to make on those reading it. The subsequent analysis of particular cases in the practical part supports the above claim. Although it is reiterated by the Polish legal academics that civil regulations are not sufficient to guarantee legal protection of dignity, there is an equal or even greater amount of supporters of the broadly conceived “freedom of speech”. The discussion might be summarized as involving the proponents of liberal and democratic policies on the one hand, and those who wish to avoid complete decriminalization of libel and slander and deem them necessary components of balance in a democratic state. (shrink)

The translation of the Bible into Turkish as a whole was made in Istanbul in 1665-1666 by Wojciech Bobowski (Ali Ufki Bey), who was of Polish origin, spoke 17 different languages, later became a Muslim, served in the Ottoman palace for many years. Among the languages he could speak were mainly Latin, Greek, Hebrew, Polish, English, French, Italian, Arabic, Turkish. He is also known as Albert Bobowski and Albertus Bobovius in European sources. The translation was (...) planned by a group of Dutch Protestants, while Dutch ambassador Levinus Warner followed the work in Istanbul. The translation texts were checked and sent immediately to the Netherlands for printing, but could be printed in Paris in 1827 due to the adverse condition. In this edition, M. Jean Daniel Kieffer has revised some on Ali Ufki Bey's translation. This translation, with some changes and corrections in the Arabic alphabet (Ottoman) in 1878, 1885, 1886, 1901was printed in Latin alphabet in 1941.The style and language properties of the 1941 edition made it difficult to understand the Bible, so it was reprinted in 2001 with the more contemporary words under the name Kutsal Kitap (Yeni Çeviri).The background of the Turkish translations of the Bible, the contributions of the Bible Society (English and Foreign Bible Society) to these studies, the change of the words used in the translations, the translation of Wojciech Bobowski used as the source text and the follow-up of this translation process are important. Because the original text of the translations of the Bible in Turkish is based on the translation of Wojciech Bobowski. (shrink)

Roman Darowski. Philosophical Anthropology: Outline of Fundamental Problems. Translated from Polish by Łukasz Darowski SDS. Wydawnictwo Ignatianum [Editions of Ignatianum, The Jesuit University of Cracow, Wydawnictwo WAM: Cracow, 2014.—Author’s summary The translation of this book into English we are dealing with here is a somewhat changed and revised version of the 4th edition of Filozofia człowieka in Polish. The last section has been expanded, while the “History of Philosophical Anthropology” chapter and the Anthology of Texts section (...) have both been omitted. (shrink)

Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the twentieth century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English (...) class='Hi'>translation of that work. It covers such topics as law and morality, the legal system and its hierarchical structure, the identity of law and state, and international law. (shrink)

As Hong Kong is the only common law jurisdiction operating in Chinese, alongside English, writing a common law judgment in Chinese is like exploring an uncharted domain in legal discourse. Apart from those judgments originally written in Chinese, Chinese judgments have also been prepared by way of translation from English. Besides, there are also English translations of Chinese judgments of jurisprudential value. Judgments in Hong Kong therefore present an interesting case for study both from a (...) legal point of view and from the perspective of discourse analysis. As Chinese judgments in Hong Kong to a large extent mirror images of their English counterparts, they provide us with insights into how judicial thinking embodied in one language is carried over to another. As the translation of court judgments can serve as a clue to the understanding of how judicial thinking is transferred and reflected in another language, this study looks into some of the fundamental problems of legal translation in general and translation of court judgments in particular, showing how the sociosemiotic approach can shed light on those problems. (shrink)