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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
ISSN
0860-150X
First Published
08 Aug 2013
Publication timeframe
4 times per year
Languages
English

Search

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

Journal Details
Format
Journal
eISSN
2199-6059
ISSN
0860-150X
First Published
08 Aug 2013
Publication timeframe
4 times per year
Languages
English

Search

12 Articles
Open Access

Functional Inter-Textuality in the Spoken and Written Genres of Legal Statutes: A Discursive Analysis of Judge’S Summing-Up and Lawyers’ Closing Arguments in Adama High Criminal Court

Published Online: 05 Nov 2014
Page range: 7 - 25

Abstract

Abstract

This study examines the intertextual influence of the courtroom spoken genre with the written genre used by judge’s summing up and lawyers’ closing arguments in Ethiopian Criminal court trial. In doing so, it employs the relational and comparison-expository structuring models. The relational struc- turing is used to give emphasis to the manner in which evidence items bear on particular issues and shows how evidence items are related to each other and to major facts in issues of judge’s summing-up while the comparison-expository structure is to intertextually link the spoken genres of the two opposing lawyers’ views with the Ethiopian criminal law written statutes. The findings of the study suggest that mixed rhetorical strategies, the judge’s relational summing up and the lawyers’ comparison-expository closing arguments, are more effective than a strict narrative strategy in addressing the final judgment of the argumenta- tion

Keywords

  • closing arguments
  • comparison-expository
  • genre
  • inter-textuality
  • summing up
Open Access

English for International Trade Law

Published Online: 05 Nov 2014
Page range: 27 - 41

Abstract

Abstract

The Faculty of Law at Masaryk University in Brno, the Czech Re- public, offers several fields of studies, one of them being the three-year Bachelor’s degree programme of International Trade Law. This programme includes two semesters of English for specific purposes which the students take in their first year of studies. However, as the programme is offered as a part time study, there are only 10 lessons of English taught within two days per semester. Preparing a course which would develop the students’ language abilities and skills in the international trade law environment appears to be rather challenging under such conditions.

In the paper I would like to share the ideas and experience from re- designing the syllabus for this course of English for international trade law. I describe the process from the original syllabus to a new one in which the teaching situation and students’ needs are taken into account. The course in- tends to include both product and process oriented goals and helps to improve general professional needs. In order to cover the field specific vocabulary, language practice and soft skills development within the above mentioned limited time frame, the students need to work both before and after the classes. The course is going to be piloted this year and we expect further modifications after its evaluation.

Keywords

  • ESP
  • syllabus design
  • needs analysis
Open Access

Needs Analysis and Esp Course Design: Self-Perception of Language Needs Among Pre-Service Students

Published Online: 05 Nov 2014
Page range: 43 - 57

Abstract

Abstract

In the context of recent social changes in Central Europe, the article outlines the need for a change in the traditional syllabi for legal English classes. It deals with needs analysis as one of the most important sources of inspiration in syllabus design. First, needs analysis is situated within the methodology of English for Specific Purposes. Then, the rationale for a needs analysis survey among pre-service students in current legal English courses is presented and, finally, the findings are interpreted with respect to the actual target situations that students are likely to encounter after graduation. The article concludes by pointing out that although pre-service students may have vague ideas about the use of English in their future jobs, course instructors should consider their needs and wants because they are crucial for increasing the students’ motivation. Instructors and course designers should, however, obtain information from professionals and former graduates as well because that will enable them to address the actual target situations most effectively.

Keywords

  • needs analysis
  • ESP
  • ELP
  • legal English
  • syllabus design
  • pre-service
Open Access

The Future Of Court Interpreting In Croatia

Published Online: 05 Nov 2014
Page range: 59 - 81

Abstract

Abstract

Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation

Keywords

  • court interpreting
  • civil and criminal proceedings
  • Directive 2010/64/ EU
  • professional terminology
  • training.
Open Access

Business English in the Eyes of Economics and Management Students at the University of Białystok

Published Online: 05 Nov 2014
Page range: 83 - 102

Abstract

Abstract

According to the regulations of the Polish Ministry of Science and Higher Education, university graduates should have to know a foreign language at B2 level, as described in The Common European Framework of Reference, and they should know its specialized variety. These are the only recommendations concerning general language courses and their specialized varieties. It is up to schools of foreign languages or other institutions providing language courses for institutions of higher education to determine requirements concerning language for specific purposes. However, students are rarely asked to contribute to the development of curricula and syllabi. This article presents the results of a survey conducted among students of Economics and Management at the University of Białystok. The survey was devoted to students’ perceptions of Business English in English courses conducted by the School of Foreign Languages at the University of Białystok. The aim of the survey was to answer the following questions:

- what do students of Economics and Management at the University of Białystok believe to be the appropriate proportion of general English to Business English?

- when would they like to start learning Business English?

- what Business English topics do students find interesting?

- how do Economics and Management students use the knowledge and skills gained in Business English classes?

The article also presents possible implications of the survey for ESP course designers, and stresses the importance of needs analysis for developing ESP syllabi in the context of Polish tertiary education

Keywords

  • Business English
  • needs analysis
  • tertiary education
  • syllabus design
Open Access

Performatives in Cypriot, Greek and Polish Texts of Normative Acts. A Comparative Study

Published Online: 05 Nov 2014
Page range: 103 - 122

Abstract

Abstract

The theory of speech acts, formulated by Austin and developed by Searle, is widely applied to analyse and classify various speech acts. In this paper it is assumed that legal texts, especially normative acts i.e. constitutions and statutes, are direct speech acts. Normative acts (statutory instruments) are linguistic entities and they do not exist outside the language, thus the theory of speech acts may be applied to examine them. They are also considered to be performative utterances according to Austin’s classification. In this paper the intention is to compare Cypriot, Greek and Polish normative acts on the basis of the so-called classical theory of speech acts and typology of performativity exponents. The author will compare various methods of expressing performativity in reference to the meaning conveyed by them. Furthermore, other exponents of performativity occurring in the analysed texts (the so-called extra textual methods of expressing performativity) shall also be compared. The results obtained while performing the analysis and comparison may be significant for scholars, lawyers and translators

Keywords

  • performativity in legislation
  • performative utterances in legal com- munication
  • performative verb
  • speech act theory in legal communication
  • per- formatives in legal discourse
  • performativity markers
  • linguistic performativity markers
  • textual performativity markers
Open Access

Living or Dead? Specifics of the Language of the Second Amendment to the U.S. Constitution

Published Online: 05 Nov 2014
Page range: 123 - 136

Abstract

Abstract

The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights.

The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller (554 U.S. 570 (2008)).

It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”

Keywords

  • U.S. Constitution
  • Second Amendment
  • originalism
  • gun control laws
  • U.S. Supreme Court
Open Access

Dominance of English in the European Union and in European Law

Published Online: 05 Nov 2014
Page range: 137 - 150

Abstract

Abstract

English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.

Keywords

  • English
  • Law
  • Education and Research
  • the European Union
Open Access

Unity in Diversity. The Language Policy of the European Union

Published Online: 05 Nov 2014
Page range: 151 - 165

Abstract

Abstract

This paper explores the connections between the law and language in the European Union. The paper concerns the language policy of the European Union (EU) and English language priority. The EU faces challenges of finding a common ground for respecting the diversity of its members. So many different states are gathered in one organisation which establishes the law for diversified legal orders. The research question is - which language(s) is or should be used in the EU? Does English become lingua franca of the EU?

Keywords

  • the European Union
  • language policy
  • language use
  • multilingualism
Open Access

In Quest of Sufficient Equivalence. Polish and English Insolvency Terminology in Translation. a Comparative Study

Published Online: 05 Nov 2014
Page range: 167 - 188

Abstract

Abstract

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 (England and Wales) 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: (i) the comparison of parallel texts, (ii) the method of axiomatisation of the legal linguistic reality, (iii) the termino- logical analysis of the corpus material, (iv) the concept of adjusting the target text to the communicative needs and requirements of the community of recipients and (v) 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

Keywords

  • axiomatisation
  • parametrisation
  • insolvency terminology
  • source and target language terms
Open Access

Cultural Dimensions Of Legal Discourse

Published Online: 05 Nov 2014
Page range: 189 - 196

Abstract

Abstract

Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities

Keywords

  • legal discourse
  • legal culture
  • interpretation
  • translation
Open Access

Waging Wars with Words – Libel and Slander in the Polish Statutory Law and English Common Law

Published Online: 05 Nov 2014
Page range: 197 - 213

Abstract

Abstract

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 (varying linguistic contexts) 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 (which is rather scarce, especially in common law), but also in practice (the court verdicts in cases dealing with libel and slander) 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 (McBride, Bagshaw, 2008 in: Quinn, 2007:209). 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

Keywords

  • zniesławienie
  • zniewaga
  • libel
  • slander
  • cześć
  • defamation
12 Articles
Open Access

Functional Inter-Textuality in the Spoken and Written Genres of Legal Statutes: A Discursive Analysis of Judge’S Summing-Up and Lawyers’ Closing Arguments in Adama High Criminal Court

Published Online: 05 Nov 2014
Page range: 7 - 25

Abstract

Abstract

This study examines the intertextual influence of the courtroom spoken genre with the written genre used by judge’s summing up and lawyers’ closing arguments in Ethiopian Criminal court trial. In doing so, it employs the relational and comparison-expository structuring models. The relational struc- turing is used to give emphasis to the manner in which evidence items bear on particular issues and shows how evidence items are related to each other and to major facts in issues of judge’s summing-up while the comparison-expository structure is to intertextually link the spoken genres of the two opposing lawyers’ views with the Ethiopian criminal law written statutes. The findings of the study suggest that mixed rhetorical strategies, the judge’s relational summing up and the lawyers’ comparison-expository closing arguments, are more effective than a strict narrative strategy in addressing the final judgment of the argumenta- tion

Keywords

  • closing arguments
  • comparison-expository
  • genre
  • inter-textuality
  • summing up
Open Access

English for International Trade Law

Published Online: 05 Nov 2014
Page range: 27 - 41

Abstract

Abstract

The Faculty of Law at Masaryk University in Brno, the Czech Re- public, offers several fields of studies, one of them being the three-year Bachelor’s degree programme of International Trade Law. This programme includes two semesters of English for specific purposes which the students take in their first year of studies. However, as the programme is offered as a part time study, there are only 10 lessons of English taught within two days per semester. Preparing a course which would develop the students’ language abilities and skills in the international trade law environment appears to be rather challenging under such conditions.

In the paper I would like to share the ideas and experience from re- designing the syllabus for this course of English for international trade law. I describe the process from the original syllabus to a new one in which the teaching situation and students’ needs are taken into account. The course in- tends to include both product and process oriented goals and helps to improve general professional needs. In order to cover the field specific vocabulary, language practice and soft skills development within the above mentioned limited time frame, the students need to work both before and after the classes. The course is going to be piloted this year and we expect further modifications after its evaluation.

Keywords

  • ESP
  • syllabus design
  • needs analysis
Open Access

Needs Analysis and Esp Course Design: Self-Perception of Language Needs Among Pre-Service Students

Published Online: 05 Nov 2014
Page range: 43 - 57

Abstract

Abstract

In the context of recent social changes in Central Europe, the article outlines the need for a change in the traditional syllabi for legal English classes. It deals with needs analysis as one of the most important sources of inspiration in syllabus design. First, needs analysis is situated within the methodology of English for Specific Purposes. Then, the rationale for a needs analysis survey among pre-service students in current legal English courses is presented and, finally, the findings are interpreted with respect to the actual target situations that students are likely to encounter after graduation. The article concludes by pointing out that although pre-service students may have vague ideas about the use of English in their future jobs, course instructors should consider their needs and wants because they are crucial for increasing the students’ motivation. Instructors and course designers should, however, obtain information from professionals and former graduates as well because that will enable them to address the actual target situations most effectively.

Keywords

  • needs analysis
  • ESP
  • ELP
  • legal English
  • syllabus design
  • pre-service
Open Access

The Future Of Court Interpreting In Croatia

Published Online: 05 Nov 2014
Page range: 59 - 81

Abstract

Abstract

Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to pro- vide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to com- ply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation

Keywords

  • court interpreting
  • civil and criminal proceedings
  • Directive 2010/64/ EU
  • professional terminology
  • training.
Open Access

Business English in the Eyes of Economics and Management Students at the University of Białystok

Published Online: 05 Nov 2014
Page range: 83 - 102

Abstract

Abstract

According to the regulations of the Polish Ministry of Science and Higher Education, university graduates should have to know a foreign language at B2 level, as described in The Common European Framework of Reference, and they should know its specialized variety. These are the only recommendations concerning general language courses and their specialized varieties. It is up to schools of foreign languages or other institutions providing language courses for institutions of higher education to determine requirements concerning language for specific purposes. However, students are rarely asked to contribute to the development of curricula and syllabi. This article presents the results of a survey conducted among students of Economics and Management at the University of Białystok. The survey was devoted to students’ perceptions of Business English in English courses conducted by the School of Foreign Languages at the University of Białystok. The aim of the survey was to answer the following questions:

- what do students of Economics and Management at the University of Białystok believe to be the appropriate proportion of general English to Business English?

- when would they like to start learning Business English?

- what Business English topics do students find interesting?

- how do Economics and Management students use the knowledge and skills gained in Business English classes?

The article also presents possible implications of the survey for ESP course designers, and stresses the importance of needs analysis for developing ESP syllabi in the context of Polish tertiary education

Keywords

  • Business English
  • needs analysis
  • tertiary education
  • syllabus design
Open Access

Performatives in Cypriot, Greek and Polish Texts of Normative Acts. A Comparative Study

Published Online: 05 Nov 2014
Page range: 103 - 122

Abstract

Abstract

The theory of speech acts, formulated by Austin and developed by Searle, is widely applied to analyse and classify various speech acts. In this paper it is assumed that legal texts, especially normative acts i.e. constitutions and statutes, are direct speech acts. Normative acts (statutory instruments) are linguistic entities and they do not exist outside the language, thus the theory of speech acts may be applied to examine them. They are also considered to be performative utterances according to Austin’s classification. In this paper the intention is to compare Cypriot, Greek and Polish normative acts on the basis of the so-called classical theory of speech acts and typology of performativity exponents. The author will compare various methods of expressing performativity in reference to the meaning conveyed by them. Furthermore, other exponents of performativity occurring in the analysed texts (the so-called extra textual methods of expressing performativity) shall also be compared. The results obtained while performing the analysis and comparison may be significant for scholars, lawyers and translators

Keywords

  • performativity in legislation
  • performative utterances in legal com- munication
  • performative verb
  • speech act theory in legal communication
  • per- formatives in legal discourse
  • performativity markers
  • linguistic performativity markers
  • textual performativity markers
Open Access

Living or Dead? Specifics of the Language of the Second Amendment to the U.S. Constitution

Published Online: 05 Nov 2014
Page range: 123 - 136

Abstract

Abstract

The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights.

The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller (554 U.S. 570 (2008)).

It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”

Keywords

  • U.S. Constitution
  • Second Amendment
  • originalism
  • gun control laws
  • U.S. Supreme Court
Open Access

Dominance of English in the European Union and in European Law

Published Online: 05 Nov 2014
Page range: 137 - 150

Abstract

Abstract

English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.

Keywords

  • English
  • Law
  • Education and Research
  • the European Union
Open Access

Unity in Diversity. The Language Policy of the European Union

Published Online: 05 Nov 2014
Page range: 151 - 165

Abstract

Abstract

This paper explores the connections between the law and language in the European Union. The paper concerns the language policy of the European Union (EU) and English language priority. The EU faces challenges of finding a common ground for respecting the diversity of its members. So many different states are gathered in one organisation which establishes the law for diversified legal orders. The research question is - which language(s) is or should be used in the EU? Does English become lingua franca of the EU?

Keywords

  • the European Union
  • language policy
  • language use
  • multilingualism
Open Access

In Quest of Sufficient Equivalence. Polish and English Insolvency Terminology in Translation. a Comparative Study

Published Online: 05 Nov 2014
Page range: 167 - 188

Abstract

Abstract

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 (England and Wales) 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: (i) the comparison of parallel texts, (ii) the method of axiomatisation of the legal linguistic reality, (iii) the termino- logical analysis of the corpus material, (iv) the concept of adjusting the target text to the communicative needs and requirements of the community of recipients and (v) 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

Keywords

  • axiomatisation
  • parametrisation
  • insolvency terminology
  • source and target language terms
Open Access

Cultural Dimensions Of Legal Discourse

Published Online: 05 Nov 2014
Page range: 189 - 196

Abstract

Abstract

Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities

Keywords

  • legal discourse
  • legal culture
  • interpretation
  • translation
Open Access

Waging Wars with Words – Libel and Slander in the Polish Statutory Law and English Common Law

Published Online: 05 Nov 2014
Page range: 197 - 213

Abstract

Abstract

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 (varying linguistic contexts) 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 (which is rather scarce, especially in common law), but also in practice (the court verdicts in cases dealing with libel and slander) 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 (McBride, Bagshaw, 2008 in: Quinn, 2007:209). 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

Keywords

  • zniesławienie
  • zniewaga
  • libel
  • slander
  • cześć
  • defamation

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