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

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

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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)

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

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

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

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

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

Search

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

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

Search

18 Articles
Open Access

Case Briefs in Legal English Classes

Published Online: 14 Jul 2016
Page range: 7 - 20

Abstract

Abstract

A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s), court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.

The course of English for academic legal purposes (as part of English for specific purposes) can also benefit from implementing case briefs. Students are exposed to useful legal vocabulary while the cases themselves bring real life examples of the law, which can increase students’ interest and motivation.

The paper briefly introduces the literature on the methodology of teaching case briefing and on case briefs within the linguistics research and then describes a sample activity on case briefs from legal English classes. My experience shows that it is important to provide students with sufficient scaffolding for completing the task successfully. Even though the students feel they are easily and quickly acquainted with the format and the language used, they encounter problems when preparing particular cases. The activity combines both individual and collaborative work, oral and written outputs and peer reviewing.

Case briefing is a valuable learning activity; nevertheless, some students may find it difficult as they need not only language skills, but also general critical thinking skills. The teacher should therefore facilitate their work, help them practice the ability to find relevant information, identify the issue, and comprehend the reasoning behind.

Keywords

  • legal English
  • ESP
  • case briefs
  • methodology
Open Access

Mediation in Legal English Teaching

Published Online: 14 Jul 2016
Page range: 21 - 35

Abstract

Abstract

Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated) skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

Keywords

  • English for Specific Purposes (ESP)
  • legal English
  • mediation
  • ELT methodology
  • applied linguistics
Open Access

Preparation of a Legislative Proposal in the Multilingual Legal System of the European Union

Published Online: 14 Jul 2016
Page range: 37 - 50

Abstract

Abstract

The principle of multilingualism in the legal system of the European Union is one of the key elements that guarantees, among others, the right of access to EU legislation. It is particularly important not only in the sphere of the direct application of the EU law, but also in the sphere of access to information during the lawmaking procedures at the EU institutions. A special case is, however, a stage of preparing a draft legislative proposal by the European Commission. The EU member states agree to limit the use of official language version to the working documents for “working” languages of the Commission, i.e. English, French and German. In practice, English and French are the most widely used languages for the working arrangements in the preparation of the draft legislation, mainly due to costs of the necessary translations and an effectiveness of this stage. This article presents a course of the stage of the drafting a legislative proposal by the Commission and illustrates the scope of work partly exempted from the obligation to ensure the full application of the principle of equivalence of all the official languages of the European Union.

Keywords

  • legislative proposal
  • EC decision-making
  • draft of the of a legislative proposal
Open Access

The Role of Generic Competence and Professional Expertise in Legal Translation. The Case of English and Polish Probate Documents

Published Online: 14 Jul 2016
Page range: 51 - 67

Abstract

Abstract

This paper seeks to demonstrate how the concept of generic competence (primarily intended for monolingual specialized communication) could be extended to address important issues in translating legal texts. First, generic competence is discussed against the backdrop of the related concept of translation competence. Then, a case study is presented which examines a closely related set of documents employed by the professional community of lawyers (represented by an English solicitor and Polish advocate) engaged in the specialist domain of probate law (legal process related to the estate of a deceased person). It is argued that both generic competence and professional expertise should be included in the range of competencies required for the translator of legal texts.

Keywords

  • genre
  • generic competence
  • professional expertise
  • legal translation
  • professional practice
Open Access

Intersections between Law and Language: Disciplinary Concepts in Second Language Legal Literacy

Published Online: 14 Jul 2016
Page range: 69 - 86

Abstract

Abstract

International mobility among graduate students of law presents unique challenges for the teaching and learning of Legal English. Master of Laws (LL.M.) students, for example, often bring both prior legal training and professional experience from their home jurisdiction to their graduate studies abroad. Taking a closer look at the experience of these students as they engage with genres associated with another legal system provides insight into broader issues of intersections between language and content in English for Legal Purposes. This article draws on case studies of four LL.M students from China and Saudi Arabia, a civil law jurisdiction and an Islamic law jurisdiction, respectively, as they learn to read and write common law genres in the United States. Considering students’ experiences with these texts, the article outlines a potential framework for understanding the role of disciplinary concepts in second language legal literacy development. Specifically, the article elaborates a tentative taxonomy for disciplinary concepts that distinguishes between discourse-relevant concepts and discourse-structuring concepts in considering the interaction between language and content in ESP and CLIL for law.

Keywords

  • Disciplinary concepts
  • English for Legal Purposes
  • threshold concepts
  • transnational legal education
Open Access

Teaching Law Students Pre-Translation Text Analysis

Published Online: 14 Jul 2016
Page range: 87 - 96

Abstract

Abstract

This paper deals with stages of pre-translation text analysis and examines typical difficulties of legal text translation. Students are taught to analyze the style, genre, translatological type of the text, theme, goal, tone, author’s intention and source and recipient of the text. The order of text introduction is important beginning with legal correspondence, continuing with contracts and finally presenting different newspaper texts. However, there are universal lexical, grammatical, syntactic, and cultural difficulties of translation which appear in the same genre from text to text. When distinguished once the patterns may be kept in mind and simplify and speed up the translation of analogical texts.

Keywords

  • translantology
  • genre
  • translation technique
  • cliché
  • translation
Open Access

Developing Translation Competence Within the Lifelong Learning Programme for Lawyer-Linguists in the Republic of Croatia

Published Online: 14 Jul 2016
Page range: 97 - 110

Abstract

Abstract

Translation competence includes a complex variety of cognitive, linguistic and cultural skills. Translation in the field of law represents an even more demanding process, as it can be defined as “an act of communication in the mechanism of law” which leads “to legal effects and may induce peace or a prompt war” (Šarčević, 1997). In this paper, different aspects of the translator’s competence in legal translation are discussed. In the introductory part, an overview of theoretical approaches to the translation process is offered. The main part of the paper is dedicated to problems and challenges that legal translators are faced with. Special attention is paid to teaching the documentary approach to translation of EU legislation within the Lifelong Learning Programme for Lawyer-Linguists in the Republic of Croatia. The problems occurring in legal translation and competences of legal translators are discussed from the teacher’s perspective, based on the experience in teaching the course Introduction to the Theory of Legal Translation and Terminology within the Lifelong Learning Programme for Lawyer-Linguists at the Faculty of Law, University of Osijek, Croatia.

Keywords

  • translation competence
  • legal translation
  • documentary approach
  • lifelong learning
Open Access

English with Flying Colors: The Aviation English and the International Civil Aviation Organization

Published Online: 14 Jul 2016
Page range: 111 - 124

Abstract

Abstract

There are several reasons for the English language to become lingua franca of aviation including some historical turning points for the world aviation and some specific linguistic features of the language itself. This paper aims to firstly present a short, yet interesting history of implementation of English as standardized language for aviation. It will provide introductory historical background, establishment of arguments necessary for standardization and leading to the implementation of the Language Proficiency Requirements (LPRs) within the International Civil Aviation Organization (ICAO). It will then provide an overview of the ICAO’s actions to support its members states in implementation of the English language standards for aviation and try to evaluate the effects based on the powers granted to the Organization. Such evaluation will be presented in the comparative perspective with the powers and instruments used within the European Union to achieve the same goal - standardization of the aviation English.

Keywords

  • International Civil Aviation Organization
  • Aviation English
  • ATC English
  • Language Proficiency Requirements
Open Access

Language Policy in Switzerland

Published Online: 14 Jul 2016
Page range: 125 - 140

Abstract

Abstract

Switzerland is often referred to as a success story for handling its linguistic and cultural diversity. Traditionally four languages have been spoken in relatively homogeneous territories: German, French, Italian and Rhaeto- Romanic (Romansh). The first three have been national languages since the foundation of the Confederation in 1848; the fourth became a national language in 1938. In effect, The Law on Languages, in effect since 2010, has regulated the use and promotion of languages and enhanced the status of Romansh as one of the official languages since 2010.

While Swiss language policy is determined at the federal level, it is in the actual practice a matter for cantonal implementation. Article 70 of the Swiss Federal Constitution, titled “Languages”, enshrines the principle of multilingualism. A recent project to create legislation to implement multilingualism across the cantons, however, has failed. Thus Switzerland remains de jure quadrilingual, but de facto bilingual at best, with only a handful of cantons recognizing more than one official language (Newman, 2006: 2). Cantonal borders are not based on language: the French-German language border runs across cantons during most of its course from north to south, and such is also the case for Italian.

Keywords

  • language
  • linguistic
  • policy
  • Switzerland
Open Access

Multilingualism, Divergent Authentic Versions of a Legal Rule and Legitimate Expectations Of Individuals

Published Online: 14 Jul 2016
Page range: 141 - 159

Abstract

Abstract

The paper argues that the multilingualism of the EU legal order should be viewed from the point of view of the right of individuals to acquaint themselves with the their rights and duties under EU law in the official language of their Member State. In case of discrepancies of equally authentic versions, individuals should have the possibility to rely on an ‘authentic version’ defence, especially in tax, customs and criminal law relationships.

Keywords

  • multilingualism
  • interpretation
  • legitimate expectations
  • legal certainty
  • non-discrimination
Open Access

Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy

Published Online: 14 Jul 2016
Page range: 161 - 174

Abstract

Abstract

The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i) the analysis of comparable texts, (ii) the method of parametrisation of the legal linguistic reality, (iii) the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.

Keywords

  • legal terminology
  • legal translation
  • parametrisation of legal translation
  • parametrisation of legal terms
  • synonymy
  • quasi-synonymy
Open Access

Mediation in Different Areas of Chinese Legal Reality – Parametrisation of Selected Terminology

Published Online: 14 Jul 2016
Page range: 175 - 186

Abstract

Abstract

The paper deals with terminological issues in legal translation. The author has researched the process of establishing equivalents for partially equivalent terminology, using the parametrical approach to legal translation. The research consists of the terminological analysis of the texts of mediation regulations formulated in Chinese and Polish. The objective was to establish translational equivalents in the case of significant differences between the legal systems of the above mentioned linguistic area. The research was financed from the research grant no. 2012/07/E/HS2/00678, titled: Parameterisation of legilinguistic translatology in the scope of civil law and civil procedure awarded by the National Science Centre of the Republic of Poland (Sonata Bis program).

Determining the acceptability of functional equivalents in the selected linguistic area is possible by comparison of their semantics with the legal structure in different legal systems and cultures. The author investigates if attributing properties from dimensions relevant in translation to mediation law terms can be helpful in the process of translation.

Keywords

  • legal Chinese
  • legal terminology
  • mediation in China
  • legal translation
Open Access

Illegal, Legal, Irregular or Regular – Who is the Incoming Foreigner?

Published Online: 14 Jul 2016
Page range: 187 - 197

Abstract

Abstract

Irregular migration is a global topic which currently occupies a central position especially in Europe. Illegal migration as a concept covers a number of rather different issues. We can find different terms as clandestine migration, illegal entry, irregular migrant, undocumented migrant irregular migration etc., to name the phenomenon of illegal entry, illegal stay or overstaying a visa-free travel period. In the context of legal instruments and recommendations of the United Nations and European Union, this article tries to present the multitude of terms and definitions concerning the phenomenon of migration that is unusual to rules and regulations, and its authors who neither recognise nor follow legal migration procedure. The article also endeavours to present the terms which are mostly used in legal discourse and examples of particular acts and contexts in which they are used.

Keywords

  • migration
  • migrant
  • illegal
  • irregular
Open Access

Polish Preparatory Proceedings in Civil Cases: Written or Oral? Lessons to be Learned from Some Other Jurisdictions

Published Online: 14 Jul 2016
Page range: 199 - 223

Abstract

Abstract

In this paper a description of the model of Polish preparatory proceedings in civil cases will be presented. By looking at foreign examples of preparatory activities in civil cases first, we will be able to discern what potential advantages and disadvantages are associated with the written or oral (spoken) form of preparatory activities of court actors in the first stage of civil proceedings. In the second main part of the paper the author will turn to Polish counterparts of these preparatory activities and their form. The author will also deliberate on where a change is needed. She will also attempt to propose some measures that might be useful in the current condition of Polish civil proceedings.

Keywords

  • civil cases
  • preparatory proceedings
  • preliminary stage
  • pre-trial stage
  • pleadings
  • written form
  • oral form
Open Access

Action Research in Designing and Implementing Courses of English for Legal Purposes

Published Online: 14 Jul 2016
Page range: 225 - 251

Abstract

Abstract

English for Legal Purposes (ELP) appears to be gaining popularity and acquiring a new dimension in many countries. An increasing number of legal professionals (i.e. law students and legal practitioners) consider their General English satisfactory but desire to learn the language of their professional domain, as they believe it will bring them improved job prospects in the future. There are some aspects of ELP teaching that can be both a hindrance and a challenge for ELP teachers. These include the lack of curricula for teaching Legal English at tertiary level institutions and the restricted number of teaching resources and guidelines with reference to teaching Legal English available on the market. This article draws on the outcomes of a three-year research project, which was undertaken to design, implement, and evaluate an ELP programme for adult professionals. The research project was conducted among 293 legal professionals in Poland and took the form of an action research model - a research tool that is not often exploited by scholars despite its unquestionable value

Keywords

  • English for Legal Purposes (ELP)
  • action research
  • legal professionals
  • syllabus
  • needs analysis
Open Access

Legal English Through Movies: Development of Professional Communicative Competence

Published Online: 14 Jul 2016
Page range: 253 - 263

Abstract

Abstract

Legal English (LE) has evolved as a distinct, highly demanded part of ESP in the recent years of globalisation. Many specialised textbooks have been published lately, but the professional communication aspect lacks sufficient coverage. This article presents a project, which is a teaching manual entitled Legal English through Movies, that has grown from the author’s experience using video in the LE classroom. A general methodology of using authentic video in language teaching is briefly covered to explain why and how feature films were initially used by the author. The idea of using movies for developing law students’ professional communicative competence has shifted the emphasis from pure language training to forming professional communication skills. The applied method takes into consideration both linguistic and extra-linguistic factors of professional communication. Special attention is paid to language patterns typical of different communicative situations within various areas of legal practice along with peculiarities of cross-cultural communication. Not covering all spheres of LE teaching the results enhance education kits for such course topics as Criminal Law, Tort Law, and Civil Procedure as well as provide training materials for mastering professional skills in typical communicative situations (lawyer - client, lawyer - lawyer, etc.). The approach introduced here can be expanded to different ESP fields as well.

Keywords

  • Legal English
  • authentic video
  • professional communication
  • language pattern
Open Access

Problems of Translation of Provisions of International Treaties Illustrated by The Example of Article 6 of the European Convention for Protection of Human Rights and Fundamental Freedoms

Published Online: 14 Jul 2016
Page range: 265 - 276

Abstract

Abstract

The subject of these reflections is the analysis of issues concerning language translation of the treaty and connotations connected therewith of the meaning of legal regulations. As an example here one can cite Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, prepared in the two official languages of the Council of Europe, i.e. English and French. The problems of interpretation of Article 6, which regulates the right to a fair trial, resulted from the official translation of the term “prawo do sprawiedliwego procesu sądowego” (the right to a just trial). This triggered a quite widespread discussion in the Polish doctrine as to whether the English term “fair” should be translated as “sprawiedliwy”. Moreover, on the basis of a translation so constructed other proposals of the concept in Article 6 appeared in the literature on the subject, such as “uczciwy” (honest), “słuszny” (right) or “praworządny” (lawful) trial. The article presents the argumentation of Polish lawyers on adopting the aforementioned terms, demonstrating how the language used in translation of the treaty may affect the accurate understanding of legal terminology.

Keywords

  • fair trial
  • human rights
  • translation of treaties
Open Access

A Parameter-based Method for Translating Polish Contract Law Terms into Spanish

Published Online: 14 Jul 2016
Page range: 277 - 287

Abstract

Abstract

The paper deals with problems of legal translation from Polish into Spanish. It analyses selected terms related to contracts which are regulated in the Polish Civil Code and their possible translations into Spanish. In order to find adequate translation equivalents the author applies the method of parametrisation of legal terms (along with the method of comparing parallel texts and the skopos theory). The parametrisation of legal terms helps to systematically characterise and compare them and thus to identify differences in the meanings of the source language and target language terms and to choose the best equivalents. It may also facilitate the selection of a technique of providing translation equivalents for non-equivalent or partially equivalent terms. Parametrisation is understood as determining for each analysed term a set of properties it shows with respect to translationally relevant parameters – one property out of each parameter. A parameter is conceived of as a set of homogeneous properties.

Keywords

  • legal translation
  • Polish-Spanish translation
  • parametrisation
  • legal terminology
18 Articles
Open Access

Case Briefs in Legal English Classes

Published Online: 14 Jul 2016
Page range: 7 - 20

Abstract

Abstract

A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s), court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.

The course of English for academic legal purposes (as part of English for specific purposes) can also benefit from implementing case briefs. Students are exposed to useful legal vocabulary while the cases themselves bring real life examples of the law, which can increase students’ interest and motivation.

The paper briefly introduces the literature on the methodology of teaching case briefing and on case briefs within the linguistics research and then describes a sample activity on case briefs from legal English classes. My experience shows that it is important to provide students with sufficient scaffolding for completing the task successfully. Even though the students feel they are easily and quickly acquainted with the format and the language used, they encounter problems when preparing particular cases. The activity combines both individual and collaborative work, oral and written outputs and peer reviewing.

Case briefing is a valuable learning activity; nevertheless, some students may find it difficult as they need not only language skills, but also general critical thinking skills. The teacher should therefore facilitate their work, help them practice the ability to find relevant information, identify the issue, and comprehend the reasoning behind.

Keywords

  • legal English
  • ESP
  • case briefs
  • methodology
Open Access

Mediation in Legal English Teaching

Published Online: 14 Jul 2016
Page range: 21 - 35

Abstract

Abstract

Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated) skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

Keywords

  • English for Specific Purposes (ESP)
  • legal English
  • mediation
  • ELT methodology
  • applied linguistics
Open Access

Preparation of a Legislative Proposal in the Multilingual Legal System of the European Union

Published Online: 14 Jul 2016
Page range: 37 - 50

Abstract

Abstract

The principle of multilingualism in the legal system of the European Union is one of the key elements that guarantees, among others, the right of access to EU legislation. It is particularly important not only in the sphere of the direct application of the EU law, but also in the sphere of access to information during the lawmaking procedures at the EU institutions. A special case is, however, a stage of preparing a draft legislative proposal by the European Commission. The EU member states agree to limit the use of official language version to the working documents for “working” languages of the Commission, i.e. English, French and German. In practice, English and French are the most widely used languages for the working arrangements in the preparation of the draft legislation, mainly due to costs of the necessary translations and an effectiveness of this stage. This article presents a course of the stage of the drafting a legislative proposal by the Commission and illustrates the scope of work partly exempted from the obligation to ensure the full application of the principle of equivalence of all the official languages of the European Union.

Keywords

  • legislative proposal
  • EC decision-making
  • draft of the of a legislative proposal
Open Access

The Role of Generic Competence and Professional Expertise in Legal Translation. The Case of English and Polish Probate Documents

Published Online: 14 Jul 2016
Page range: 51 - 67

Abstract

Abstract

This paper seeks to demonstrate how the concept of generic competence (primarily intended for monolingual specialized communication) could be extended to address important issues in translating legal texts. First, generic competence is discussed against the backdrop of the related concept of translation competence. Then, a case study is presented which examines a closely related set of documents employed by the professional community of lawyers (represented by an English solicitor and Polish advocate) engaged in the specialist domain of probate law (legal process related to the estate of a deceased person). It is argued that both generic competence and professional expertise should be included in the range of competencies required for the translator of legal texts.

Keywords

  • genre
  • generic competence
  • professional expertise
  • legal translation
  • professional practice
Open Access

Intersections between Law and Language: Disciplinary Concepts in Second Language Legal Literacy

Published Online: 14 Jul 2016
Page range: 69 - 86

Abstract

Abstract

International mobility among graduate students of law presents unique challenges for the teaching and learning of Legal English. Master of Laws (LL.M.) students, for example, often bring both prior legal training and professional experience from their home jurisdiction to their graduate studies abroad. Taking a closer look at the experience of these students as they engage with genres associated with another legal system provides insight into broader issues of intersections between language and content in English for Legal Purposes. This article draws on case studies of four LL.M students from China and Saudi Arabia, a civil law jurisdiction and an Islamic law jurisdiction, respectively, as they learn to read and write common law genres in the United States. Considering students’ experiences with these texts, the article outlines a potential framework for understanding the role of disciplinary concepts in second language legal literacy development. Specifically, the article elaborates a tentative taxonomy for disciplinary concepts that distinguishes between discourse-relevant concepts and discourse-structuring concepts in considering the interaction between language and content in ESP and CLIL for law.

Keywords

  • Disciplinary concepts
  • English for Legal Purposes
  • threshold concepts
  • transnational legal education
Open Access

Teaching Law Students Pre-Translation Text Analysis

Published Online: 14 Jul 2016
Page range: 87 - 96

Abstract

Abstract

This paper deals with stages of pre-translation text analysis and examines typical difficulties of legal text translation. Students are taught to analyze the style, genre, translatological type of the text, theme, goal, tone, author’s intention and source and recipient of the text. The order of text introduction is important beginning with legal correspondence, continuing with contracts and finally presenting different newspaper texts. However, there are universal lexical, grammatical, syntactic, and cultural difficulties of translation which appear in the same genre from text to text. When distinguished once the patterns may be kept in mind and simplify and speed up the translation of analogical texts.

Keywords

  • translantology
  • genre
  • translation technique
  • cliché
  • translation
Open Access

Developing Translation Competence Within the Lifelong Learning Programme for Lawyer-Linguists in the Republic of Croatia

Published Online: 14 Jul 2016
Page range: 97 - 110

Abstract

Abstract

Translation competence includes a complex variety of cognitive, linguistic and cultural skills. Translation in the field of law represents an even more demanding process, as it can be defined as “an act of communication in the mechanism of law” which leads “to legal effects and may induce peace or a prompt war” (Šarčević, 1997). In this paper, different aspects of the translator’s competence in legal translation are discussed. In the introductory part, an overview of theoretical approaches to the translation process is offered. The main part of the paper is dedicated to problems and challenges that legal translators are faced with. Special attention is paid to teaching the documentary approach to translation of EU legislation within the Lifelong Learning Programme for Lawyer-Linguists in the Republic of Croatia. The problems occurring in legal translation and competences of legal translators are discussed from the teacher’s perspective, based on the experience in teaching the course Introduction to the Theory of Legal Translation and Terminology within the Lifelong Learning Programme for Lawyer-Linguists at the Faculty of Law, University of Osijek, Croatia.

Keywords

  • translation competence
  • legal translation
  • documentary approach
  • lifelong learning
Open Access

English with Flying Colors: The Aviation English and the International Civil Aviation Organization

Published Online: 14 Jul 2016
Page range: 111 - 124

Abstract

Abstract

There are several reasons for the English language to become lingua franca of aviation including some historical turning points for the world aviation and some specific linguistic features of the language itself. This paper aims to firstly present a short, yet interesting history of implementation of English as standardized language for aviation. It will provide introductory historical background, establishment of arguments necessary for standardization and leading to the implementation of the Language Proficiency Requirements (LPRs) within the International Civil Aviation Organization (ICAO). It will then provide an overview of the ICAO’s actions to support its members states in implementation of the English language standards for aviation and try to evaluate the effects based on the powers granted to the Organization. Such evaluation will be presented in the comparative perspective with the powers and instruments used within the European Union to achieve the same goal - standardization of the aviation English.

Keywords

  • International Civil Aviation Organization
  • Aviation English
  • ATC English
  • Language Proficiency Requirements
Open Access

Language Policy in Switzerland

Published Online: 14 Jul 2016
Page range: 125 - 140

Abstract

Abstract

Switzerland is often referred to as a success story for handling its linguistic and cultural diversity. Traditionally four languages have been spoken in relatively homogeneous territories: German, French, Italian and Rhaeto- Romanic (Romansh). The first three have been national languages since the foundation of the Confederation in 1848; the fourth became a national language in 1938. In effect, The Law on Languages, in effect since 2010, has regulated the use and promotion of languages and enhanced the status of Romansh as one of the official languages since 2010.

While Swiss language policy is determined at the federal level, it is in the actual practice a matter for cantonal implementation. Article 70 of the Swiss Federal Constitution, titled “Languages”, enshrines the principle of multilingualism. A recent project to create legislation to implement multilingualism across the cantons, however, has failed. Thus Switzerland remains de jure quadrilingual, but de facto bilingual at best, with only a handful of cantons recognizing more than one official language (Newman, 2006: 2). Cantonal borders are not based on language: the French-German language border runs across cantons during most of its course from north to south, and such is also the case for Italian.

Keywords

  • language
  • linguistic
  • policy
  • Switzerland
Open Access

Multilingualism, Divergent Authentic Versions of a Legal Rule and Legitimate Expectations Of Individuals

Published Online: 14 Jul 2016
Page range: 141 - 159

Abstract

Abstract

The paper argues that the multilingualism of the EU legal order should be viewed from the point of view of the right of individuals to acquaint themselves with the their rights and duties under EU law in the official language of their Member State. In case of discrepancies of equally authentic versions, individuals should have the possibility to rely on an ‘authentic version’ defence, especially in tax, customs and criminal law relationships.

Keywords

  • multilingualism
  • interpretation
  • legitimate expectations
  • legal certainty
  • non-discrimination
Open Access

Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy

Published Online: 14 Jul 2016
Page range: 161 - 174

Abstract

Abstract

The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i) the analysis of comparable texts, (ii) the method of parametrisation of the legal linguistic reality, (iii) the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.

Keywords

  • legal terminology
  • legal translation
  • parametrisation of legal translation
  • parametrisation of legal terms
  • synonymy
  • quasi-synonymy
Open Access

Mediation in Different Areas of Chinese Legal Reality – Parametrisation of Selected Terminology

Published Online: 14 Jul 2016
Page range: 175 - 186

Abstract

Abstract

The paper deals with terminological issues in legal translation. The author has researched the process of establishing equivalents for partially equivalent terminology, using the parametrical approach to legal translation. The research consists of the terminological analysis of the texts of mediation regulations formulated in Chinese and Polish. The objective was to establish translational equivalents in the case of significant differences between the legal systems of the above mentioned linguistic area. The research was financed from the research grant no. 2012/07/E/HS2/00678, titled: Parameterisation of legilinguistic translatology in the scope of civil law and civil procedure awarded by the National Science Centre of the Republic of Poland (Sonata Bis program).

Determining the acceptability of functional equivalents in the selected linguistic area is possible by comparison of their semantics with the legal structure in different legal systems and cultures. The author investigates if attributing properties from dimensions relevant in translation to mediation law terms can be helpful in the process of translation.

Keywords

  • legal Chinese
  • legal terminology
  • mediation in China
  • legal translation
Open Access

Illegal, Legal, Irregular or Regular – Who is the Incoming Foreigner?

Published Online: 14 Jul 2016
Page range: 187 - 197

Abstract

Abstract

Irregular migration is a global topic which currently occupies a central position especially in Europe. Illegal migration as a concept covers a number of rather different issues. We can find different terms as clandestine migration, illegal entry, irregular migrant, undocumented migrant irregular migration etc., to name the phenomenon of illegal entry, illegal stay or overstaying a visa-free travel period. In the context of legal instruments and recommendations of the United Nations and European Union, this article tries to present the multitude of terms and definitions concerning the phenomenon of migration that is unusual to rules and regulations, and its authors who neither recognise nor follow legal migration procedure. The article also endeavours to present the terms which are mostly used in legal discourse and examples of particular acts and contexts in which they are used.

Keywords

  • migration
  • migrant
  • illegal
  • irregular
Open Access

Polish Preparatory Proceedings in Civil Cases: Written or Oral? Lessons to be Learned from Some Other Jurisdictions

Published Online: 14 Jul 2016
Page range: 199 - 223

Abstract

Abstract

In this paper a description of the model of Polish preparatory proceedings in civil cases will be presented. By looking at foreign examples of preparatory activities in civil cases first, we will be able to discern what potential advantages and disadvantages are associated with the written or oral (spoken) form of preparatory activities of court actors in the first stage of civil proceedings. In the second main part of the paper the author will turn to Polish counterparts of these preparatory activities and their form. The author will also deliberate on where a change is needed. She will also attempt to propose some measures that might be useful in the current condition of Polish civil proceedings.

Keywords

  • civil cases
  • preparatory proceedings
  • preliminary stage
  • pre-trial stage
  • pleadings
  • written form
  • oral form
Open Access

Action Research in Designing and Implementing Courses of English for Legal Purposes

Published Online: 14 Jul 2016
Page range: 225 - 251

Abstract

Abstract

English for Legal Purposes (ELP) appears to be gaining popularity and acquiring a new dimension in many countries. An increasing number of legal professionals (i.e. law students and legal practitioners) consider their General English satisfactory but desire to learn the language of their professional domain, as they believe it will bring them improved job prospects in the future. There are some aspects of ELP teaching that can be both a hindrance and a challenge for ELP teachers. These include the lack of curricula for teaching Legal English at tertiary level institutions and the restricted number of teaching resources and guidelines with reference to teaching Legal English available on the market. This article draws on the outcomes of a three-year research project, which was undertaken to design, implement, and evaluate an ELP programme for adult professionals. The research project was conducted among 293 legal professionals in Poland and took the form of an action research model - a research tool that is not often exploited by scholars despite its unquestionable value

Keywords

  • English for Legal Purposes (ELP)
  • action research
  • legal professionals
  • syllabus
  • needs analysis
Open Access

Legal English Through Movies: Development of Professional Communicative Competence

Published Online: 14 Jul 2016
Page range: 253 - 263

Abstract

Abstract

Legal English (LE) has evolved as a distinct, highly demanded part of ESP in the recent years of globalisation. Many specialised textbooks have been published lately, but the professional communication aspect lacks sufficient coverage. This article presents a project, which is a teaching manual entitled Legal English through Movies, that has grown from the author’s experience using video in the LE classroom. A general methodology of using authentic video in language teaching is briefly covered to explain why and how feature films were initially used by the author. The idea of using movies for developing law students’ professional communicative competence has shifted the emphasis from pure language training to forming professional communication skills. The applied method takes into consideration both linguistic and extra-linguistic factors of professional communication. Special attention is paid to language patterns typical of different communicative situations within various areas of legal practice along with peculiarities of cross-cultural communication. Not covering all spheres of LE teaching the results enhance education kits for such course topics as Criminal Law, Tort Law, and Civil Procedure as well as provide training materials for mastering professional skills in typical communicative situations (lawyer - client, lawyer - lawyer, etc.). The approach introduced here can be expanded to different ESP fields as well.

Keywords

  • Legal English
  • authentic video
  • professional communication
  • language pattern
Open Access

Problems of Translation of Provisions of International Treaties Illustrated by The Example of Article 6 of the European Convention for Protection of Human Rights and Fundamental Freedoms

Published Online: 14 Jul 2016
Page range: 265 - 276

Abstract

Abstract

The subject of these reflections is the analysis of issues concerning language translation of the treaty and connotations connected therewith of the meaning of legal regulations. As an example here one can cite Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, prepared in the two official languages of the Council of Europe, i.e. English and French. The problems of interpretation of Article 6, which regulates the right to a fair trial, resulted from the official translation of the term “prawo do sprawiedliwego procesu sądowego” (the right to a just trial). This triggered a quite widespread discussion in the Polish doctrine as to whether the English term “fair” should be translated as “sprawiedliwy”. Moreover, on the basis of a translation so constructed other proposals of the concept in Article 6 appeared in the literature on the subject, such as “uczciwy” (honest), “słuszny” (right) or “praworządny” (lawful) trial. The article presents the argumentation of Polish lawyers on adopting the aforementioned terms, demonstrating how the language used in translation of the treaty may affect the accurate understanding of legal terminology.

Keywords

  • fair trial
  • human rights
  • translation of treaties
Open Access

A Parameter-based Method for Translating Polish Contract Law Terms into Spanish

Published Online: 14 Jul 2016
Page range: 277 - 287

Abstract

Abstract

The paper deals with problems of legal translation from Polish into Spanish. It analyses selected terms related to contracts which are regulated in the Polish Civil Code and their possible translations into Spanish. In order to find adequate translation equivalents the author applies the method of parametrisation of legal terms (along with the method of comparing parallel texts and the skopos theory). The parametrisation of legal terms helps to systematically characterise and compare them and thus to identify differences in the meanings of the source language and target language terms and to choose the best equivalents. It may also facilitate the selection of a technique of providing translation equivalents for non-equivalent or partially equivalent terms. Parametrisation is understood as determining for each analysed term a set of properties it shows with respect to translationally relevant parameters – one property out of each parameter. A parameter is conceived of as a set of homogeneous properties.

Keywords

  • legal translation
  • Polish-Spanish translation
  • parametrisation
  • legal terminology

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