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Volume 66 (2021): Issue 4 (December 2021)

Volume 66 (2021): Issue 3 (December 2021)

Volume 66 (2021): Issue 2 (December 2021)

Volume 66 (2021): Issue 1 (December 2021)

Volume 65 (2020): Issue 1 (December 2020)

Volume 64 (2020): Issue 1 (December 2020)

Volume 63 (2020): Issue 1 (September 2020)

Volume 62 (2020): Issue 1 (June 2020)

Volume 61 (2020): Issue 1 (March 2020)

Volume 60 (2019): Issue 1 (December 2019)

Volume 59 (2019): Issue 1 (September 2019)

Volume 58 (2019): Issue 1 (June 2019)

Volume 57 (2019): Issue 1 (March 2019)

Volume 56 (2018): Issue 1 (December 2018)

Volume 55 (2018): Issue 1 (September 2018)

Volume 54 (2018): Issue 1 (June 2018)

Volume 53 (2018): Issue 1 (March 2018)

Volume 52 (2017): Issue 1 (December 2017)

Volume 51 (2017): Issue 1 (September 2017)

Volume 50 (2017): Issue 1 (June 2017)

Volume 49 (2017): Issue 1 (March 2017)

Volume 48 (2016): Issue 1 (December 2016)

Volume 47 (2016): Issue 1 (December 2016)

Volume 46 (2016): Issue 1 (September 2016)

Volume 45 (2016): Issue 1 (June 2016)

Volume 44 (2016): Issue 1 (March 2016)

Volume 43 (2015): Issue 1 (December 2015)

Volume 42 (2015): Issue 1 (September 2015)

Volume 41 (2015): Issue 1 (June 2015)

Volume 40 (2015): Issue 1 (March 2015)

Volume 39 (2014): Issue 1 (December 2014)

Volume 38 (2014): Issue 1 (September 2014)

Volume 37 (2014): Issue 1 (June 2014)
Mechanisms and Methods of Decision Making / Ed. by Ewa Roszkowska

Volume 36 (2014): Issue 1 (March 2014)

Volume 35 (2013): Issue 1 (December 2013)

Volume 34 (2013): Issue 1 (October 2013)

Volume 33 (2013): Issue 1 (August 2013)

Volume 32 (2013): Issue 1 (May 2013)

Journal Details
Format
Journal
eISSN
2199-6059
First Published
08 Aug 2013
Publication timeframe
4 times per year
Languages
English

Search

Volume 34 (2013): Issue 1 (October 2013)

Journal Details
Format
Journal
eISSN
2199-6059
First Published
08 Aug 2013
Publication timeframe
4 times per year
Languages
English

Search

12 Articles
Open Access

LATIN MAXIMS AND PHRASES IN THE POLISH, ENGLISH AND FRENCH LEGAL SYSTEMS – THE COMPARATIVE STUDY

Published Online: 31 Dec 2013
Page range: 9 - 26

Abstract

Abstract

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 (which is true only in the case of the natural sciences). 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 on-line service devoted to Polish law). 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 (Dalloz.fr, Westlaw International). The paper concludes with some comments on Latinisms in lexicographical publications and online sources.

Keywords

  • legal Latin
  • legal maxims
  • Latinisms
  • legal translation
Open Access

THE ROLE OF TEACHER KNOWLEDGE IN ESP COURSE DESIGN

Published Online: 31 Dec 2013
Page range: 27 - 42

Abstract

Abstract

English for specific purposes (ESP) has been conceptualized by its leading scholars, like Hutchinson and Waters (1987) or Dudley-Evans and St. John (1998), as a multi-stage process, where the ESP practitioner fulfils a variety of roles, including that of learner needs researcher, course designer, language instructor, learning assessor, and course evaluator. The performance of these roles requires considerable knowledge of a linguistic, socio-cultural and pedagogical nature, necessary to inform the teacher’s cognitive processes, par- ticularly those involved in course decision making. The necessary professional knowledge of the ESP teacher, which is gained through professional school- ing, teacher training, and teaching experience, comprises both relevant theo- retical concepts (knowing what) and performance skills (knowing how). It di- rectly impacts on all stages of the ESP process, namely the planning, design, teaching, assessment and evaluation of a course, largely determining its quality. The present paper focuses on ESP teacher cognition, especially those cognitions (i.e. knowledge and beliefs) that are involved in course design, informing the teacher’s choices of course parameters and instructional practices. Elaborating on the concepts developed by language cognition scholars, like Shulman (1987), Andrews (e.g. 2007), and Borg (e.g. 2006), the author tries to outline the in- ternal structure of ESP teacher cognition and describe the function of each subordinate knowledge base. The paper also presents the preliminary results of a small-scale exploratory study into the professional cognition of 13 teachers of Legal and Business English employed at the University of Warsaw.

Keywords

  • English for specific purposes
  • teacher cognition
  • teacher knowledge
  • professional knowledge base
  • teacher decision making
  • course design
Open Access

DEVELOPMENTS IN ESP TEACHING

Published Online: 31 Dec 2013
Page range: 43 - 58

Abstract

Abstract

The fast changing business environment and the ever-growing de- mand facing professional communicators in the 21st century pose new challenges to language learners and teachers alike. Competitive business organizations at- tempt to recruit employees who have excellent linguistic competence coupled with nonlinguistic competences and skills. It is not easy to acquire these addi- tional competences and skills. However, most of them are transferable and can be greatly improved if students are provided with adequate teaching materials and appropriate input from the teacher. The aim of the paper is to address the complexity of ESP teaching today. Firstly, it presents an overview of the changes that have occurred in the practice of teaching ESP in the last few decades. It also sheds some light on the increasing importance of needs analysis. Then it presents new developments in teaching English for professional communication at the ter- tiary level of education. These developments include (1) content-and-language integrated learning, (2) use of didactic case studies, (3) corpus studies con- ducted for teaching purposes and aimed at identifying high-frequency language elements: terms, specialized lexis items, collocations, formulae, acronyms, etc., that need to be prioritized in language courses, (4) more effective course-books with higher terminology indexes, (5) extended use of online materials, (6) teach- ing writing for specialized purposes, and (7) teaching cross-cultural and social skills. The new approach is more challenging for ESP teachers and requires much higher qualifications, such as content knowledge and transferable skills. In order to increase students’ employability and promotion opportunities, we need teaching materials and approaches that help streamline students’ efforts, economize on time, and increase the effectiveness of language courses.

Keywords

  • English for Specific Purposes
  • business English
  • needs analysis
  • teach- ing priorities
  • materials development
Open Access

TEACHING AND LEARNING FOREIGN LANGUAGES FOR LEGAL PURPOSES IN CROATIA

Published Online: 31 Dec 2013
Page range: 59 - 74

Abstract

Abstract

In accordance with the Bologna Declaration, modern languages and communication skills have a growing importance in all professions. With the prospect of Croatian membership of the EU and taking into consideration the conditions of the growing internationalization of law in general, knowledge of foreign languages represents an indispensable prerequisite for international com- munication within the legal profession. Thus, teaching foreign languages in the field of law, especially English and German, is necessary not only for the pro- fessional education of Croatian law students, but also for their mobility within the network of European universities. This paper presents a case-study of the current situation in teaching Legal English and Legal German in Croatian Law Schools. First, the status of foreign languages for specific purposes (FLSP) in the Higher Education System of the Republic of Croatia in general is analyzed. The main part of the paper is dedicated to teaching Legal English and / or Legal German as compulsory courses within the curricula of Croatian law faculties (status, syllabus design, teaching methods). Then some projects on teaching foreign languages to practicing lawyers will be presented. With the prospect of Croatian membership of the EU, specific education programmes for lawyer- linguists have been introduced by the Law Faculties of Zagreb and Osijek. These programmes, developed within the lifelong education project for lawyers, offer an opportunity for Croatian law students and young lawyers not only to im- prove their knowledge of Legal English and Legal German, but also to learn other languages of the EU, like French or Italian. These new programmes are the response of Croatian foreign language teachers to the current requirements of the European labour market and the challenges of the internationalization of the modern world.

Keywords

  • Legal English
  • Legal German
  • Croatian law faculties
  • new teaching programmes
Open Access

MULTILINGUALISM AT THE COURT OF JUSTICE OF THE EUROPEAN UNION: THEORETICAL AND PRACTICAL ASPECTS

Published Online: 31 Dec 2013
Page range: 75 - 92

Abstract

Abstract

The paper analyses and evaluates the linguistic policy of the Court of Justice of the European Union against the background of other multilingual courts and in the light of theories of legal interpretation. Multilingualism has a direct impact upon legal interpretation at the Court, displacing traditional approaches (intentionalism, textualism) with a hermeneutic paradigm. It also creates challenges to the acceptance of the Court’s case-law in the Member States, which seem to have been adequately tackled by the Court’s idiosyncratic translation policy.

Keywords

  • multilingualism
  • Court of Justice of the European Union
  • legal trans- lation
  • legal interpretation
  • lawyer linguist
  • international justice
Open Access

SCAFFOLDING THE WRITING COMPONENT OF THE ENGLISH FOR LAW SYLLABUS AT UNIVERSITY

Published Online: 31 Dec 2013
Page range: 93 - 111

Abstract

Abstract

The present paper is intended to be a practical guide for teachers who need to run writing for law classes for pre-experienced law students with no or little experience of academic or legal writing. It provides the teachers with advice on how to teach students to draft modern documents by sequencing and selecting the content that reflects the needs of practising lawyers. It shows how legal writing stems from academic and general writing. Overlapping or common elements of academic and legal writing are identified and sequenced in order to create an introductory base for writing for legal purposes.

Types of texts that lawyers draft have been selected and used as the scaffold- ing for writing tasks specially designed to suit the students’ proficiency and expertise.

Keywords

  • Legal English
  • ESP
  • academic writing
  • writing for legal purposes
  • plain English
  • syllabus design
Open Access

FUNCTIONALIST APPROACH TO TEACHING LEGAL TRANSLATION

Published Online: 31 Dec 2013
Page range: 113 - 127

Abstract

Abstract

The paper deals with some problems of legal translation with a particular regard to the skopos theory approach, with a special emphasis on the practical implications of these problems to legal translation instruction. The author presents the circumstances in the Republic of Croatia over the preceding several years pertaining to the activities of legal translation for the purpose of accession to the European Union. This particularly refers to the translating of the acquis communautaire into the Croatian language. Possible functions of translated legal and legislative texts are analysed from this viewpoint, as well as various possible related approaches to solving translation problems. The author pays special attention to issues in translating cultural elements, considering that they tend to show special sensitivity to the function of a translated text. Finally, practical application of the above considerations regarding legal translation is presented in the last part of the paper. Having taught courses in legal translation to lawyers aspiring to work as legal translators within EU bodies, the author presents the contents of the courses and some methods of teaching which take account of the skopos theory, as well as the reception of such teaching methods and their outcomes.

Keywords

  • legal translation
  • teaching legal translation
  • teaching translation
  • skopos theory
  • functionalist approach
Open Access

THE PROBLEM OF LANGUAGE IN THE PROCEDURE FOR GRANTING REFUGEE STATUS

Published Online: 31 Dec 2013
Page range: 129 - 140

Abstract

Abstract

Refugees constitute one of the most serious international problems that the world faces today. The problem of guarantee of access to a language that is understood by the applicant in the procedure for granting refugee status, presented in this paper, is strongly associated with this matter. Due to the fact that this is an issue which affects a considerable number of states, both interna- tional and domestic regulations concerning the granting of refugee status were selected for examination in the present paper. The provisions of the Convention relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland were considered. The paper focuses on an analysis of the guarantee to make provision for communication in an understandable language, which does not create a barrier for the person applying for refugee status while communicating with administrative agencies that are decisive in granting the aforementioned status.

Keywords

  • language
  • refugee
  • human rights
Open Access

LEGAL TRANSLATION COMPETENCE IN THE LIGHT OF TRANSLATIONAL HERMENEUTICS

Published Online: 31 Dec 2013
Page range: 141 - 159

Abstract

Abstract

This paper is concerned with the concept of translation competence as seen from the perspective of translational hermeneutics. The first part of the article provides a short survey of how translation competence and its develop- ment has been described so far, with a particular focus on the legal translator’s skills and abilities. The second part of the paper briefly presents the notion of translational hermeneutics together with its main concepts. The aim of this part of the article is also to show similarities between the translation phenomenon and hermeneutical studies. Finally, building on Stolze’s (2011) hermeneutical model of translation, the last part of the paper presents the main features of a hermeneutical model of legal translation competence.

Keywords

  • translation competence
  • legal translation competence
  • translational hermeneutics
  • legal translation
Open Access

A FEW NOTES ON THE LANGUAGE OF EU ANTITRUST LAW IN ENGLISH-POLISH TRANSLATION

Published Online: 31 Dec 2013
Page range: 161 - 174

Abstract

Abstract

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 (part 2 of the paper). 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 (part 3 of the paper). I will then (in part 4 of the paper) turn to areas where a change is needed and propose measures that might be helpful in the current circumstances.

Keywords

  • language of antitrust legislation
  • legal language
  • principles of legisla- tive technology
  • Euro-jargon
  • linguistic purity
Open Access

HE ESP TEACHER AS RESEARCHER

Published Online: 31 Dec 2013
Page range: 175 - 188

Abstract

Abstract

The field of language teaching, both TESOL and ESP, is undergo- ing rapid changes. It is responding to new educational trends and paradigms and institutions face new challenges connected with changes in the curriculum, national tests and student needs. As a result, language teachers need to update their professional knowledge by taking on new roles, such as those of teacher- researcher. The purpose of this paper is to present new developments in the area of general language teaching research, with a particular focus on meth- ods of qualitative research that might be found useful while examining certain aspects of teaching in the field of ESP, such as case studies, action research, interviews or observations. The presentation of research methods is followed by a review of research practice focused on pedagogical issues published in re- cent years in ESP journals, such as English for Specific Purposes, The Asian ESP Journal or Journal of English for Academic Purposes. Of major interest are articles on Legal English. The article concludes with suggestions for further study.

Keywords

  • research
  • English for Specific Purposes
  • teacher-researcher
  • Legal English
Open Access

INTERNATIONAL COMPETITIONS FOR LAW STUDENTS: THE DEVELOPMENT OF COMMUNICATIVE AND PROFESSIONAL COMPETENCES

Published Online: 31 Dec 2013
Page range: 189 - 204

Abstract

Abstract

The paper deals with a practical approach to developing of law stu- dents’ communicative and professional competences within a one-term, optional, cross-curricular course. The author, whose principal occupation is teaching Le- gal English, was offered the opportunity to train a team of law students to take part in the national rounds of the International Client Consultation Com- petition. Since then, the author has been involved in coaching teams for law students’ competitions and the author’s three year work has resulted in framing an experimental cross-curricular course “Client Consultation in English”. The background and necessity for the development of the course are outlined in the paper, along with a brief overview of teaching legal skills in Russia and general information about international competitions for law students. The basic ele- ments of the course are described, as well as the methods used by the author for training students’ teams. A similar framework is being used now for creating another cross-curricular course “Legal Negotiations in English”.

Keywords

  • legal English
  • communicative competence
  • professional communication
  • interviewing skills
  • client consultation
12 Articles
Open Access

LATIN MAXIMS AND PHRASES IN THE POLISH, ENGLISH AND FRENCH LEGAL SYSTEMS – THE COMPARATIVE STUDY

Published Online: 31 Dec 2013
Page range: 9 - 26

Abstract

Abstract

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 (which is true only in the case of the natural sciences). 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 on-line service devoted to Polish law). 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 (Dalloz.fr, Westlaw International). The paper concludes with some comments on Latinisms in lexicographical publications and online sources.

Keywords

  • legal Latin
  • legal maxims
  • Latinisms
  • legal translation
Open Access

THE ROLE OF TEACHER KNOWLEDGE IN ESP COURSE DESIGN

Published Online: 31 Dec 2013
Page range: 27 - 42

Abstract

Abstract

English for specific purposes (ESP) has been conceptualized by its leading scholars, like Hutchinson and Waters (1987) or Dudley-Evans and St. John (1998), as a multi-stage process, where the ESP practitioner fulfils a variety of roles, including that of learner needs researcher, course designer, language instructor, learning assessor, and course evaluator. The performance of these roles requires considerable knowledge of a linguistic, socio-cultural and pedagogical nature, necessary to inform the teacher’s cognitive processes, par- ticularly those involved in course decision making. The necessary professional knowledge of the ESP teacher, which is gained through professional school- ing, teacher training, and teaching experience, comprises both relevant theo- retical concepts (knowing what) and performance skills (knowing how). It di- rectly impacts on all stages of the ESP process, namely the planning, design, teaching, assessment and evaluation of a course, largely determining its quality. The present paper focuses on ESP teacher cognition, especially those cognitions (i.e. knowledge and beliefs) that are involved in course design, informing the teacher’s choices of course parameters and instructional practices. Elaborating on the concepts developed by language cognition scholars, like Shulman (1987), Andrews (e.g. 2007), and Borg (e.g. 2006), the author tries to outline the in- ternal structure of ESP teacher cognition and describe the function of each subordinate knowledge base. The paper also presents the preliminary results of a small-scale exploratory study into the professional cognition of 13 teachers of Legal and Business English employed at the University of Warsaw.

Keywords

  • English for specific purposes
  • teacher cognition
  • teacher knowledge
  • professional knowledge base
  • teacher decision making
  • course design
Open Access

DEVELOPMENTS IN ESP TEACHING

Published Online: 31 Dec 2013
Page range: 43 - 58

Abstract

Abstract

The fast changing business environment and the ever-growing de- mand facing professional communicators in the 21st century pose new challenges to language learners and teachers alike. Competitive business organizations at- tempt to recruit employees who have excellent linguistic competence coupled with nonlinguistic competences and skills. It is not easy to acquire these addi- tional competences and skills. However, most of them are transferable and can be greatly improved if students are provided with adequate teaching materials and appropriate input from the teacher. The aim of the paper is to address the complexity of ESP teaching today. Firstly, it presents an overview of the changes that have occurred in the practice of teaching ESP in the last few decades. It also sheds some light on the increasing importance of needs analysis. Then it presents new developments in teaching English for professional communication at the ter- tiary level of education. These developments include (1) content-and-language integrated learning, (2) use of didactic case studies, (3) corpus studies con- ducted for teaching purposes and aimed at identifying high-frequency language elements: terms, specialized lexis items, collocations, formulae, acronyms, etc., that need to be prioritized in language courses, (4) more effective course-books with higher terminology indexes, (5) extended use of online materials, (6) teach- ing writing for specialized purposes, and (7) teaching cross-cultural and social skills. The new approach is more challenging for ESP teachers and requires much higher qualifications, such as content knowledge and transferable skills. In order to increase students’ employability and promotion opportunities, we need teaching materials and approaches that help streamline students’ efforts, economize on time, and increase the effectiveness of language courses.

Keywords

  • English for Specific Purposes
  • business English
  • needs analysis
  • teach- ing priorities
  • materials development
Open Access

TEACHING AND LEARNING FOREIGN LANGUAGES FOR LEGAL PURPOSES IN CROATIA

Published Online: 31 Dec 2013
Page range: 59 - 74

Abstract

Abstract

In accordance with the Bologna Declaration, modern languages and communication skills have a growing importance in all professions. With the prospect of Croatian membership of the EU and taking into consideration the conditions of the growing internationalization of law in general, knowledge of foreign languages represents an indispensable prerequisite for international com- munication within the legal profession. Thus, teaching foreign languages in the field of law, especially English and German, is necessary not only for the pro- fessional education of Croatian law students, but also for their mobility within the network of European universities. This paper presents a case-study of the current situation in teaching Legal English and Legal German in Croatian Law Schools. First, the status of foreign languages for specific purposes (FLSP) in the Higher Education System of the Republic of Croatia in general is analyzed. The main part of the paper is dedicated to teaching Legal English and / or Legal German as compulsory courses within the curricula of Croatian law faculties (status, syllabus design, teaching methods). Then some projects on teaching foreign languages to practicing lawyers will be presented. With the prospect of Croatian membership of the EU, specific education programmes for lawyer- linguists have been introduced by the Law Faculties of Zagreb and Osijek. These programmes, developed within the lifelong education project for lawyers, offer an opportunity for Croatian law students and young lawyers not only to im- prove their knowledge of Legal English and Legal German, but also to learn other languages of the EU, like French or Italian. These new programmes are the response of Croatian foreign language teachers to the current requirements of the European labour market and the challenges of the internationalization of the modern world.

Keywords

  • Legal English
  • Legal German
  • Croatian law faculties
  • new teaching programmes
Open Access

MULTILINGUALISM AT THE COURT OF JUSTICE OF THE EUROPEAN UNION: THEORETICAL AND PRACTICAL ASPECTS

Published Online: 31 Dec 2013
Page range: 75 - 92

Abstract

Abstract

The paper analyses and evaluates the linguistic policy of the Court of Justice of the European Union against the background of other multilingual courts and in the light of theories of legal interpretation. Multilingualism has a direct impact upon legal interpretation at the Court, displacing traditional approaches (intentionalism, textualism) with a hermeneutic paradigm. It also creates challenges to the acceptance of the Court’s case-law in the Member States, which seem to have been adequately tackled by the Court’s idiosyncratic translation policy.

Keywords

  • multilingualism
  • Court of Justice of the European Union
  • legal trans- lation
  • legal interpretation
  • lawyer linguist
  • international justice
Open Access

SCAFFOLDING THE WRITING COMPONENT OF THE ENGLISH FOR LAW SYLLABUS AT UNIVERSITY

Published Online: 31 Dec 2013
Page range: 93 - 111

Abstract

Abstract

The present paper is intended to be a practical guide for teachers who need to run writing for law classes for pre-experienced law students with no or little experience of academic or legal writing. It provides the teachers with advice on how to teach students to draft modern documents by sequencing and selecting the content that reflects the needs of practising lawyers. It shows how legal writing stems from academic and general writing. Overlapping or common elements of academic and legal writing are identified and sequenced in order to create an introductory base for writing for legal purposes.

Types of texts that lawyers draft have been selected and used as the scaffold- ing for writing tasks specially designed to suit the students’ proficiency and expertise.

Keywords

  • Legal English
  • ESP
  • academic writing
  • writing for legal purposes
  • plain English
  • syllabus design
Open Access

FUNCTIONALIST APPROACH TO TEACHING LEGAL TRANSLATION

Published Online: 31 Dec 2013
Page range: 113 - 127

Abstract

Abstract

The paper deals with some problems of legal translation with a particular regard to the skopos theory approach, with a special emphasis on the practical implications of these problems to legal translation instruction. The author presents the circumstances in the Republic of Croatia over the preceding several years pertaining to the activities of legal translation for the purpose of accession to the European Union. This particularly refers to the translating of the acquis communautaire into the Croatian language. Possible functions of translated legal and legislative texts are analysed from this viewpoint, as well as various possible related approaches to solving translation problems. The author pays special attention to issues in translating cultural elements, considering that they tend to show special sensitivity to the function of a translated text. Finally, practical application of the above considerations regarding legal translation is presented in the last part of the paper. Having taught courses in legal translation to lawyers aspiring to work as legal translators within EU bodies, the author presents the contents of the courses and some methods of teaching which take account of the skopos theory, as well as the reception of such teaching methods and their outcomes.

Keywords

  • legal translation
  • teaching legal translation
  • teaching translation
  • skopos theory
  • functionalist approach
Open Access

THE PROBLEM OF LANGUAGE IN THE PROCEDURE FOR GRANTING REFUGEE STATUS

Published Online: 31 Dec 2013
Page range: 129 - 140

Abstract

Abstract

Refugees constitute one of the most serious international problems that the world faces today. The problem of guarantee of access to a language that is understood by the applicant in the procedure for granting refugee status, presented in this paper, is strongly associated with this matter. Due to the fact that this is an issue which affects a considerable number of states, both interna- tional and domestic regulations concerning the granting of refugee status were selected for examination in the present paper. The provisions of the Convention relating to the Status of Refugees, the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland were considered. The paper focuses on an analysis of the guarantee to make provision for communication in an understandable language, which does not create a barrier for the person applying for refugee status while communicating with administrative agencies that are decisive in granting the aforementioned status.

Keywords

  • language
  • refugee
  • human rights
Open Access

LEGAL TRANSLATION COMPETENCE IN THE LIGHT OF TRANSLATIONAL HERMENEUTICS

Published Online: 31 Dec 2013
Page range: 141 - 159

Abstract

Abstract

This paper is concerned with the concept of translation competence as seen from the perspective of translational hermeneutics. The first part of the article provides a short survey of how translation competence and its develop- ment has been described so far, with a particular focus on the legal translator’s skills and abilities. The second part of the paper briefly presents the notion of translational hermeneutics together with its main concepts. The aim of this part of the article is also to show similarities between the translation phenomenon and hermeneutical studies. Finally, building on Stolze’s (2011) hermeneutical model of translation, the last part of the paper presents the main features of a hermeneutical model of legal translation competence.

Keywords

  • translation competence
  • legal translation competence
  • translational hermeneutics
  • legal translation
Open Access

A FEW NOTES ON THE LANGUAGE OF EU ANTITRUST LAW IN ENGLISH-POLISH TRANSLATION

Published Online: 31 Dec 2013
Page range: 161 - 174

Abstract

Abstract

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 (part 2 of the paper). 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 (part 3 of the paper). I will then (in part 4 of the paper) turn to areas where a change is needed and propose measures that might be helpful in the current circumstances.

Keywords

  • language of antitrust legislation
  • legal language
  • principles of legisla- tive technology
  • Euro-jargon
  • linguistic purity
Open Access

HE ESP TEACHER AS RESEARCHER

Published Online: 31 Dec 2013
Page range: 175 - 188

Abstract

Abstract

The field of language teaching, both TESOL and ESP, is undergo- ing rapid changes. It is responding to new educational trends and paradigms and institutions face new challenges connected with changes in the curriculum, national tests and student needs. As a result, language teachers need to update their professional knowledge by taking on new roles, such as those of teacher- researcher. The purpose of this paper is to present new developments in the area of general language teaching research, with a particular focus on meth- ods of qualitative research that might be found useful while examining certain aspects of teaching in the field of ESP, such as case studies, action research, interviews or observations. The presentation of research methods is followed by a review of research practice focused on pedagogical issues published in re- cent years in ESP journals, such as English for Specific Purposes, The Asian ESP Journal or Journal of English for Academic Purposes. Of major interest are articles on Legal English. The article concludes with suggestions for further study.

Keywords

  • research
  • English for Specific Purposes
  • teacher-researcher
  • Legal English
Open Access

INTERNATIONAL COMPETITIONS FOR LAW STUDENTS: THE DEVELOPMENT OF COMMUNICATIVE AND PROFESSIONAL COMPETENCES

Published Online: 31 Dec 2013
Page range: 189 - 204

Abstract

Abstract

The paper deals with a practical approach to developing of law stu- dents’ communicative and professional competences within a one-term, optional, cross-curricular course. The author, whose principal occupation is teaching Le- gal English, was offered the opportunity to train a team of law students to take part in the national rounds of the International Client Consultation Com- petition. Since then, the author has been involved in coaching teams for law students’ competitions and the author’s three year work has resulted in framing an experimental cross-curricular course “Client Consultation in English”. The background and necessity for the development of the course are outlined in the paper, along with a brief overview of teaching legal skills in Russia and general information about international competitions for law students. The basic ele- ments of the course are described, as well as the methods used by the author for training students’ teams. A similar framework is being used now for creating another cross-curricular course “Legal Negotiations in English”.

Keywords

  • legal English
  • communicative competence
  • professional communication
  • interviewing skills
  • client consultation

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