rss_2.0Comparative Legilinguistics FeedSciendo RSS Feed for Comparative Legilinguisticshttps://sciendo.com/journal/CLhttps://www.sciendo.comComparative Legilinguistics 's Coverhttps://sciendo-parsed-data-feed.s3.eu-central-1.amazonaws.com/60c5481975030c59037bb142/cover-image.jpg?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Date=20220927T195539Z&X-Amz-SignedHeaders=host&X-Amz-Expires=604800&X-Amz-Credential=AKIA6AP2G7AKP25APDM2%2F20220927%2Feu-central-1%2Fs3%2Faws4_request&X-Amz-Signature=8eac043973bb8abee51b91a8a97316ec52de3039ad5058790b100648c737e3d9200300Recent Research on the Perception of the Translating Professionhttps://sciendo.com/article/10.2478/cl-2021-0017<abstract> <title style='display:none'>Abstract</title> <p>This article presents the latest research on the perception of the translating profession from the book <italic>Tłumacz oczami społeczeństwa</italic> edited by Katarzyna Liber-Kwiecińska. The reviewed monograph includes articles that complement current research on the perception of the role and work of interpreters. The presentation of an introductory article concerning the identity of a court interpreter is followed by the results of the work conducted by six teams of young scientists; these studies can be divided into three groups. The former relates to the perception of the interpreter’s role by attorneys <italic>ad litem</italic>, judges, and students of non-philologic faculties, and to the cooperation between interpreters and judges. The second group includes a study on the required education of translators among students of philologic and nonphilologic faculties. Finally, the last group contains research on the impact of the level of knowledge of a foreign language and the age of probants on the perception of the translating profession and the impact of the presence of an interpreter on the attractiveness of statements.</p> </abstract>ARTICLE2022-01-18T00:00:00.000+00:00All Roads Lead to Romehttps://sciendo.com/article/10.2478/cl-2021-0016ARTICLE2022-01-18T00:00:00.000+00:00 and : An Approach in Affective Jurilinguisticshttps://sciendo.com/article/10.2478/cl-2021-0015<abstract> <title style='display:none'>Abstract</title> <p>This paper offers a multilingual perspective from the point of view of affective jurilinguistics on the link between the concepts of justice and play through media and literary discourses. The emotional impact of social norms on the members of any social group is highlighted, while individual and collective identity is built by playing. Playing is construed as a socializing activity <italic>per se</italic>, be it under an explicit or hidden form. <italic>Homo ludens</italic> is, by definition, a <italic>homo juridicus</italic>, too, as he complies with the rules of the social games which characterize life in a community. Researchers in the field of affective neurosciences have demonstrated that our perception of the world is first and foremost affective. The rational construction of concepts and discourse follows affective perception and is rooted in it. In the field of justice, this means that a person needs to feel safe within the group they belong to and make sure that their life and the group’s will go on. Perception is the result of a permanent social contract which is renewed regularly and cathartically through arts. Alain Supiot stated that man is a metaphysical animal, adding that “the life of the senses in a human being is intertwined with the meaning of life” (Supiot 2005: 7). By perceiving the world through his senses, the human being must bond with the other human beings, being thrown to the others through words. Thus, “the bond of the Law and the bonds of the words are intertwined in order to introduce every new-born baby to humanity, that is to give meaning to their life, in the double sense, general and juridical, of this word” (Supiot 2005: 8). Affective jurilinguistics appears to be a privileged area of multidisciplinary research in pragmatics, discourse analysis, history of mentalities and neurosciences, as well as a useful instrument for the observation of language and discourse phenomena within legal texts and texts which are related to the field of law and justice (journalistic and literary texts, etc.)</p> </abstract>ARTICLE2022-01-18T00:00:00.000+00:00Preface: Law and Legal Linguistics in a Constant State of Transitionhttps://sciendo.com/article/10.2478/cl-2021-0010<abstract> <title style='display:none'>Abstract</title> <p>Legal linguistics or jurilinguistics as it has been called recently, is a relatively new field of research. The first research into the field started with analysing the content of laws (the epistemic stage). Later on, lawyers started being interested in manners of communicating laws (the heuristic stage). This Special Issue of Comparative Legilinguistics contains two texts devoted to the development of legal linguistics, legal languages and legal translation and two papers on an institutional stratification of legal linguistics. It is a continuation of research published in the same journal (Special Issue no. 45 titled “The Evil Twins and Their Silent Otherness in Law and Legal Translation”) providing some insights into the problems of communication in legal settings.</p> </abstract>ARTICLE2021-11-15T00:00:00.000+00:00Direction-Asymmetric Equivalence in Legal Translationhttps://sciendo.com/article/10.2478/cl-2021-0012<abstract> <title style='display:none'>Abstract</title> <p>The concept of equivalence, despite the criticism it has received in the past decades, remains a useful framework for the study of correspondence between legal terms. In the present article, I address the question of direction-asymmetric equivalence in legal translation, i.e. equivalence that does not obey the “one-to-one” principle, and which usually implies that the translator’s decision-making is more difficult in one direction than in the other. This asymmetry may be triggered by intrinsic semantic characteristics of legal terms (synonymy and polysemy), by differences between legal systems (system-specific terms, the procedures used for their translation and their handling in lexicographic sources, competing legal systems, tension between cultural boundedness and neutrality), or by social factors (L1 vs. L2 translation). The instances of directional asymmetry discussed are illustrated with examples from French and Czech.</p> </abstract>ARTICLE2021-11-15T00:00:00.000+00:00A Comparative Study of the Rhetorical Functions and Features of Personal Pronouns in English and Chinese Legal Newshttps://sciendo.com/article/10.2478/cl-2021-0013<abstract> <title style='display:none'>Abstract</title> <p>This paper mainly discusses the distribution and rhetorical functions of personal pronouns in English and Chinese legal news reports which is divided into two narrative types, the objective and the semi-dialogic. Through the comparative analysis of some English and Chinese legal news texts in the two types, it finds that the differences in narrative type directly affect the distribution of personal pronouns. In objective narrative, the use of third person pronouns accounts for an absolute proportion, and the frequency of using first person and second person pronouns is close to zero. In semi-dialogic narrative, the use of third person pronouns is still the highest, but only slightly higher than the use of first person and second person pronouns, accounting for only a small number. After analysis, this paper holds that there are three reasons for the uneven distribution: first, the differences between the dialogic style and the narrative style; second, the legal narrative being a story narrative; third, the specific restrictions on the use of legal rhetoric.</p> </abstract>ARTICLE2021-11-15T00:00:00.000+00:00An Analysis of the “Right of Termination”, “Right of Cancellation” and “Right of Withdrawal” in off-Premises and Distance Contracts According to EU Directiveshttps://sciendo.com/article/10.2478/cl-2021-0014<abstract> <title style='display:none'>Abstract</title> <p>Several are the European Directives dedicated to e-commerce, focussing on consumer rights, the distance marketing of consumer financial services and the protection of consumers indistance contracts.In contract law, the terms “termination”, “withdrawal”and “cancellation”have peculiar and distinct meaning. Nonetheless, they tend to be misused and applied interchangeably. This article will shed light on these relevant terms in thelight of EU Directives on the protection of consumer rights in off-premises and distance contracts.To do so, it will first present instances in which the meaningand use of these terms is either clear-cut or somehow blurred. By analysing word usage and meaning in context, it will explore how EU Directives, and EU drafters in general, made(un)ambiguous distinctions. Then, it will investigate whether English-speaking drafters (such as those of the pre-Brexit UK, Ireland and Malta) made a consistent use ofsuch terms. Finally, this paper will explore whether online conditions of sale writtenin English by non-English speaking sellers or traders (such as Italian and Polish) also make a consistent use of the terms.The paper findings highlight that the use andlegal purpose of these terms in European Directives have not been particularly consistent over the years. Furthermore, Member States’system-specificity has weighed on the meaning, application and scope of the terms. On the other hand, at EU level the absence of a unique legal system of reference and the challenges of harmonization may have created false equivalences.</p> </abstract>ARTICLE2021-11-15T00:00:00.000+00:00Conceptual Origins of Legal Linguisticshttps://sciendo.com/article/10.2478/cl-2021-0011<abstract> <title style='display:none'>Abstract</title> <p>This essay is a survey of methods applied and topics scrutinized in legal-linguistic studies. It starts with the elucidation of the epistemic interest that led to the emergence and to the subsequent expansion of the mainstream legal-linguistic knowledge that we dispose of today. Thus, the essay focuses upon the development of problem awareness in the emerging legal-linguistic studies as well as upon the results of research that might be perceived as the state of the art in the mainstream legal linguistics. Meanwhile, some methodologically innovative tilts and twists that enrich and inspire contemporary legal linguistics are considered as well. Essentially, this essay traces the conceptual landscape in which the paradigms of legal-linguistic studies came about. This conceptual landscape extends from the research into the isolated words of law and the style used by jurists to the scrutiny of legal texts and legal discourses in all their socio-linguistic complexity. Within this broad frame of reference, many achievements in legal-linguistic studies are mentioned in order to sketch the consequences of processes in which legal-linguistic paradigms take shape. The author concludes upon a vision of legal linguistics called pragmatic legal linguistics as the newest stage in the intellectual enterprise that aims to pierce the language of the law and by so doing to understand law better.</p> </abstract>ARTICLE2021-11-15T00:00:00.000+00:00Legal and Illegal Approach in Determining Terminological Equivalents in the Process of Translation on the Example of Selected Law Actshttps://sciendo.com/article/10.14746/cl.2020.43.4<abstract><title style='display:none'>Abstract</title><p>Authors of translations of legal codes do not usually inform about their approach to solving translational problems. One of the reasons is the firm belief in the need for a faithful and thus literal translation of the output text. This unlawful approach creates a field for unfounded creation of so-called Equivalent terminology. Consequently, translations contain expressions whose meanings in the target language are incomprehensible or cannot be determined by reference to the doctrine or case-law. A legal approach based on subject knowledge and a precise methodology for determining interlingua equivalents eliminates the problems arising from a non-lawful approach. In the analytical part of the article there is presented a methodology of the legal approach to solving translational problems and the method of its practical application.</p></abstract>ARTICLE2020-09-29T00:00:00.000+00:00Therapeutic Jurisprudence and Linguistic Rights: Beyond Access to Carehttps://sciendo.com/article/10.14746/cl.2020.43.1<abstract><title style='display:none'>Abstract</title><p>Therapeutic jurisprudence is an interdisciplinary examination on the effect of the law on the mental and emotional health of those implicated in the judicial process. It concentrates primarily on the psychological impact of legal rules and procedures, as well as on the behaviour of legal players. TJ is a tool not often used in the promotion of linguistic rights. Endowed with a double mission, both normative and descriptive, TJ makes it possible to measure the impact of health incidences. In providing legal reformers with more precise tools to assess the health impacts of new linguistic rights standards TJ offers such a path of implementation of linguistic rights – not only from the formal point of view, but by keeping in mind their actual effectiveness – integrating law and languages in a way to mitigate their consequences on a population’s health.</p></abstract>ARTICLE2020-09-29T00:00:00.000+00:00The Comparative Element in Comparative Legal Linguisticshttps://sciendo.com/article/10.14746/cl.2020.43.3<abstract><title style='display:none'>Abstract</title><p>Fundamental legal-linguistic research includes next to monolingual approaches to the legal language also comparative approaches. Meanwhile, the epistemic value of comparative approaches is unclear in legal linguistics. Therefore, in this article different legal-linguistic comparative approaches will be scrutinized, and their perspectives made operational in legal linguistics. Especially, the traditional analysis of legal terminology gains momentum here in the context of discursive comparative approaches. The multilingual origins and the intertextual mode of existence and development of the legal language are identified as its characteristic features. They also shape processes in which the language of the global law emerges in the contemporary social reality.</p></abstract>ARTICLE2020-09-29T00:00:00.000+00:00The Comparative Element in Comparative Legal Linguisticshttps://sciendo.com/article/10.2478/cl-2020-0008<abstract><title style='display:none'>Abstract</title><p>Fundamental legal-linguistic research includes next to monolingual approaches to the legal language also comparative approaches. Meanwhile, the epistemic value of comparative approaches is unclear in legal linguistics. Therefore, in this article different legal-linguistic comparative approaches will be scrutinized, and their perspectives made operational in legal linguistics. Especially, the traditional analysis of legal terminology gains momentum here in the context of discursive comparative approaches. The multilingual origins and the intertextual mode of existence and development of the legal language are identified as its characteristic features. They also shape processes in which the language of the global law emerges in the contemporary social reality.</p></abstract>ARTICLE2020-09-29T00:00:00.000+00:00Therapeutic Jurisprudence and Linguistic Rights: Beyond Access to Carehttps://sciendo.com/article/10.2478/cl-2020-0006<abstract><title style='display:none'>Abstract</title><p>Therapeutic jurisprudence is an interdisciplinary examination on the effect of the law on the mental and emotional health of those implicated in the judicial process. It concentrates primarily on the psychological impact of legal rules and procedures, as well as on the behaviour of legal players. TJ is a tool not often used in the promotion of linguistic rights. Endowed with a double mission, both normative and descriptive, TJ makes it possible to measure the impact of health incidences. In providing legal reformers with more precise tools to assess the health impacts of new linguistic rights standards TJ offers such a path of implementation of linguistic rights – not only from the formal point of view, but by keeping in mind their actual effectiveness – integrating law and languages in a way to mitigate their consequences on a population’s health.</p></abstract>ARTICLE2020-09-29T00:00:00.000+00:00Testing Out Translation Universals in Legal Translation: Quantitative Insights From A Parallel Corpus of Spanish Constitutional Court’s Judgments Translated Into Englishhttps://sciendo.com/article/10.14746/cl.2020.43.2<abstract><title style='display:none'>Abstract</title><p>Research into ‘translation universals’ in legal translation is a relatively new field, which still needs to be expanded with further empirical studies. The few studies conducted so far fall into two main categories: a) analyses that explore the typical features of European legalese as translated language against national legal language; b) studies based on corpora of national legal language translated into other national languages.</p><p>The present paper is framed within the second category and aims at contributing to the academic debate on translation universals applied to legal language; more specifically, it aims at testing the methodology adopted to study translation universals on a bilingual parallel corpus of judgments delivered by the Spanish Constitutional Court (Tribunal Constitucional, TC) translated for informative purposes into English.</p><p>The corpus-based analysis, carried out mainly quantitatively, includes the comparison with a larger corpus of original judgments delivered by the UK Supreme Court (UKSC) with the final objective of testing some indicators of simplification, explicitation, normalisation, levelling out, interference, untypical collocation.</p><p>Preliminary results are promising, even though it is not possible to identify robust and homogeneous trends.</p></abstract>ARTICLE2020-09-29T00:00:00.000+00:00Legal and Illegal Approach in Determining Terminological Equivalents in the Process of Translation on the Example of Selected Law Actshttps://sciendo.com/article/10.2478/cl-2020-0009<abstract><title style='display:none'>Abstract</title><p>Authors of translations of legal codes do not usually inform about their approach to solving translational problems. One of the reasons is the firm belief in the need for a faithful and thus literal translation of the output text. This unlawful approach creates a field for unfounded creation of so-called Equivalent terminology. Consequently, translations contain expressions whose meanings in the target language are incomprehensible or cannot be determined by reference to the doctrine or case-law. A legal approach based on subject knowledge and a precise methodology for determining interlingua equivalents eliminates the problems arising from a non-lawful approach. In the analytical part of the article there is presented a methodology of the legal approach to solving translational problems and the method of its practical application.</p></abstract>ARTICLE2020-09-29T00:00:00.000+00:00Testing Out Translation Universals in Legal Translation: Quantitative Insights From A Parallel Corpus of Spanish Constitutional Court’s Judgments Translated Into Englishhttps://sciendo.com/article/10.2478/cl-2020-0007<abstract><title style='display:none'>Abstract</title><p>Research into ‘translation universals’ in legal translation is a relatively new field, which still needs to be expanded with further empirical studies. The few studies conducted so far fall into two main categories: a) analyses that explore the typical features of European legalese as translated language against national legal language; b) studies based on corpora of national legal language translated into other national languages.</p><p>The present paper is framed within the second category and aims at contributing to the academic debate on translation universals applied to legal language; more specifically, it aims at testing the methodology adopted to study translation universals on a bilingual parallel corpus of judgments delivered by the Spanish Constitutional Court (Tribunal Constitucional, TC) translated for informative purposes into English.</p><p>The corpus-based analysis, carried out mainly quantitatively, includes the comparison with a larger corpus of original judgments delivered by the UK Supreme Court (UKSC) with the final objective of testing some indicators of simplification, explicitation, normalisation, levelling out, interference, untypical collocation.</p><p>Preliminary results are promising, even though it is not possible to identify robust and homogeneous trends.</p></abstract>ARTICLE2020-09-29T00:00:00.000+00:00Can Corpus Consultation Compensate for the Lack of Knowledge in Legal Translation Training?https://sciendo.com/article/10.2478/cl-2021-0006<abstract> <title style='display:none'>Abstract</title> <p>It is generally assumed that a good knowledge of the legal field is a prerequisite to deliver legal translations. This paper will challenge this assumption by presenting a case study with third-year bachelor’s students who participated in a translation project. The students, enrolled in a course in translation practice, were trained in corpus consultation at the beginning of the academic year. Nearly at the end, they translated an extract of a supply contract without being trained in the legal field. They consulted a pre-compiled offline corpus and online bilingual dictionaries. The paper findings highlight that knowledge of the legal field would have certainly helped the students make more informed decisions and avoid some mistranslations. However, the major shortcomings were actually due to ineffective corpus or dictionary consultation. In particular, formulaic expressions and collocations were neglected. In light of the paper findings, it can be speculated that in translation training, effective corpus consultation may help users deliver high-quality legal translations. It also seemed that thorough knowledge of the legal field is not a prerequisite, at least as far as short texts are concerned.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Arabic Legal Phraseology in Positive Law and Jurisprudence: The Historical Influence of Translationhttps://sciendo.com/article/10.2478/cl-2021-0007<abstract> <title style='display:none'>Abstract</title> <p>The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as <italic>legal maxims</italic>, are subjected to a comparative analysis and discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws is fully adapted to corresponding formulations in the Roman law, steming from a historical translation process that accompanied the codification movement in the beginning of the 20th century; secondly, to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Language- And Legal Culture Peculiarities in Selected Swiss Constitutional Acts Including a Translational Perspectivehttps://sciendo.com/article/10.2478/cl-2021-0009<abstract> <title style='display:none'>Abstract</title> <p>The subject of the analysis is linguaculture expressing linguistic and cultural differences occurring in every language of law. They relate to vocabulary and editing principles of law acts. It seems that preserving such differences in the target translation makes it possible to reveal specific legislation trends of a given country, which express political motivation. Their preservation in the translated text requires good knowledge of law and in-depth comparative analysis. The focus of the analysis in this text is on the expression of gender in the law texts and specifically, on the translation of feminatives and legal names relevant for cultural dimension of a given law system.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Linguistics Difficulties in Harmonisation of European Union Law: The Example of Directives on Procedural Guaranties in Criminal Mattershttps://sciendo.com/article/10.2478/cl-2021-0008<abstract> <title style='display:none'>Abstract</title> <p>Multilingual writing of European directives is faced with a few linguistic difficulties, like choosing an appropriate legal terms. All linguistic versions shall reflect the same content event though the legal system of each Member State is different and some legal concept do not have an equivalent in other legal systems. In this way, legal writing of European Directive is a very complex subject both from legal and linguistic perspective. The aim of this article is to discuss different linguistics difficulties that could appear during the harmonisation of criminal proceedings in European Union, where multilingualism is a key value and to analyse the possible solutions, when dealing with those difficulties. It seems that even if multilingualism is a big challenge to European Union, it could have a positive influence on the quality of European legislation.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00en-us-1