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Special issue: Studies in institutional translation and international legal communication. Editor: Fernando Prieto Ramos

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Détails du magazine
Format
Magazine
eISSN
2391-4491
Première publication
20 Dec 2019
Période de publication
4 fois par an
Langues
Anglais

Chercher

Volume 38 (2019): Edition 1 (June 2019)

Détails du magazine
Format
Magazine
eISSN
2391-4491
Première publication
20 Dec 2019
Période de publication
4 fois par an
Langues
Anglais

Chercher

4 Articles
Accès libre

Legal Language in the Legislative Text (The Case Study of the Bill on Higher Education and Science)

Publié en ligne: 11 Dec 2019
Pages: 7 - 47

Résumé

Abstract

The aim of the paper is to determine whether the text of the act is edited in such a way that legal clarity is possible under conditions of legal certainty and predictability of citizen behaviour when applying the act. The bill: law on higher education and science is written in legal language. The genre pattern of the text maintains a normative procedure which is mutual to all legal orders. The text is performative because it is an act of law making. It is also normative because it sets general legal norms. In this article, the author assumes that the basic legal concept is the legal relationship.

Mots clés

  • legal language
  • bill
  • law on higher education and science
Accès libre

Referential Transparency of Motivated Public Authorities' Names in Translations

Publié en ligne: 11 Dec 2019
Pages: 49 - 64

Résumé

Abstract

The paper focuses on adequacy and clarity of motivated public authorities' names in translation of constitutional acts. In order to assess the adequacy level of identification of the authorities' name references in the source legal system, a survey has been conducted. Its results allowed to conclude, that literal translation of authorities' names in incompatible systems can be referentially empty, even for persons with field knowledge. However, it can generally be assumed, that the sufficient identification is determined by an adequate level of knowledge about the given subject (entity) in the source legal system. It is functional translation that offers a significant simplification in the process of decoding the terms used to denote authorities' names.

Mots clés

  • legal acts' translation
  • invented names' translation
  • translation of public authorities' names
  • referential transparency
Accès libre

On Judge’s Trial Discourse in Chinese Courtroom from Goal-Driven Perspective

Publié en ligne: 11 Dec 2019
Pages: 65 - 82

Résumé

Abstract

Any action has a certain goal, and the judge’s trial discourse is a system of goal with structure and level. Judges usually adopt some discourse strategies to achieve the goal of trial. Based on the court trial corpus collected by us, we find that judges often adopt purposeful discourse strategies to achieve the trial goal and discourse goal, such as question-and-answer strategy, power control strategy, presupposition strategy, repetition strategy and interruption strategy. Strategies actually refer to the means by which to achieve the goal of discourse. Because words are used to express and achieve the goal, the choice of means or strategies depends on the choice of the goal. From this perspective, we can see the relationship between strategy and goal. In a sense, strategy is rhetoric. The purpose of this paper is to study the discourse strategies adopted by judges in Chinese courts from the perspective of the goal principle.

Mots clés

  • judge’s trial discourse
  • goal principle
  • goal strategy
  • discourse strategy
  • Chinese courtroom
Accès libre

Observing Eurolects: Corpus analysis of linguistic variation in EU law

Publié en ligne: 11 Dec 2019
Pages: 83 - 94

Résumé

4 Articles
Accès libre

Legal Language in the Legislative Text (The Case Study of the Bill on Higher Education and Science)

Publié en ligne: 11 Dec 2019
Pages: 7 - 47

Résumé

Abstract

The aim of the paper is to determine whether the text of the act is edited in such a way that legal clarity is possible under conditions of legal certainty and predictability of citizen behaviour when applying the act. The bill: law on higher education and science is written in legal language. The genre pattern of the text maintains a normative procedure which is mutual to all legal orders. The text is performative because it is an act of law making. It is also normative because it sets general legal norms. In this article, the author assumes that the basic legal concept is the legal relationship.

Mots clés

  • legal language
  • bill
  • law on higher education and science
Accès libre

Referential Transparency of Motivated Public Authorities' Names in Translations

Publié en ligne: 11 Dec 2019
Pages: 49 - 64

Résumé

Abstract

The paper focuses on adequacy and clarity of motivated public authorities' names in translation of constitutional acts. In order to assess the adequacy level of identification of the authorities' name references in the source legal system, a survey has been conducted. Its results allowed to conclude, that literal translation of authorities' names in incompatible systems can be referentially empty, even for persons with field knowledge. However, it can generally be assumed, that the sufficient identification is determined by an adequate level of knowledge about the given subject (entity) in the source legal system. It is functional translation that offers a significant simplification in the process of decoding the terms used to denote authorities' names.

Mots clés

  • legal acts' translation
  • invented names' translation
  • translation of public authorities' names
  • referential transparency
Accès libre

On Judge’s Trial Discourse in Chinese Courtroom from Goal-Driven Perspective

Publié en ligne: 11 Dec 2019
Pages: 65 - 82

Résumé

Abstract

Any action has a certain goal, and the judge’s trial discourse is a system of goal with structure and level. Judges usually adopt some discourse strategies to achieve the goal of trial. Based on the court trial corpus collected by us, we find that judges often adopt purposeful discourse strategies to achieve the trial goal and discourse goal, such as question-and-answer strategy, power control strategy, presupposition strategy, repetition strategy and interruption strategy. Strategies actually refer to the means by which to achieve the goal of discourse. Because words are used to express and achieve the goal, the choice of means or strategies depends on the choice of the goal. From this perspective, we can see the relationship between strategy and goal. In a sense, strategy is rhetoric. The purpose of this paper is to study the discourse strategies adopted by judges in Chinese courts from the perspective of the goal principle.

Mots clés

  • judge’s trial discourse
  • goal principle
  • goal strategy
  • discourse strategy
  • Chinese courtroom
Accès libre

Observing Eurolects: Corpus analysis of linguistic variation in EU law

Publié en ligne: 11 Dec 2019
Pages: 83 - 94

Résumé

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