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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 53 (2018): Issue 1 (March 2018)

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

RETRACTED: How to Raise Quality Assurance in Legal Translation: The Question of Objectivity?

Published Online: 29 Oct 2018
Page range: 7 - 29

Abstract

Abstract

The aim of the present study is to propose an approach to legal translation quality so as to address the idiosyncrasies in legal studies and to confront the challenges and flaws of previous paradigms and models of translation quality assessment. The present approach is associated with the micro-macro textual, contextual, and legal components/variables in the pursuit of an adequate strategy through elaborating the decision making process for translation. The elements of the decision making process remain constant between translation relevancy/brief, and the translation product in the source text analysis, reformulation and revision stages. Translation competence, translation product, and the translation decision making process are all the evaluative standards for both quality controllers and translators. Also, this study scrutinizes the impact of translation quality assessment involving professional and training contexts besides managerial quality. In the upshot, this approach has the potential to reduce subjectivity in the quality of legal translation based on particular methodologies. The proposed framework assists the need for the evaluation of the quality of legal translation to boost the quality benchmarks in the professional environment.

Keywords

  • legal translation quality
  • adequacy strategy
  • translation competence
  • translation decision making process
  • translation product
Open Access

Collaborative and Individual Vocabulary Building Using ICT

Published Online: 29 Oct 2018
Page range: 31 - 48

Abstract

Abstract

Vocabulary knowledge affects any learner’s general language proficiency and the lack of vocabulary is often seen as an obstacle in a student’s progress. This statement becomes even truer when considering languages for specific purposes as the knowledge of technical vocabulary is closely connected to mastering professional skills. The research on vocabulary learning distinguishes two types of learning, incidental and intentional, which should complement each other. One of the most efficient intentional strategies proved to be the use of flashcards. Modern technologies have contributed to further development of this rather popular method by offering new ways of vocabulary consolidation as well as novel forms of interaction.

The main objective of the paper is to introduce a teaching methodology aimed at the intentional building of students’ vocabulary, however, at the same time making students being aware of a broader context in which a word or a collocation is used. The presented methodology involves student generated and recycled content as well as the use of electronic tools, namely Google docs and Quizlet.

In the course of three subsequent spring semesters, students first created a Google Docs collaborative learning log with lists of vocabulary, the following year’s students uploaded the lists of definitions and translations into Quizlet sets and in the final year the words in Quizlet flashcards where supplemented with example sentences. Students’ performance showed that both Google Docs and Quizlet are efficient tools not only for vocabulary learning, but also for language teaching. The proposed methodology was used in legal English classes, however, it can be implemented in any language course.

Keywords

  • ESP
  • vocabulary building
  • legal English
  • Google Docs
  • Quizlet
Open Access

Practicing the Skill of Mediation in English for Legal Purposes

Published Online: 29 Oct 2018
Page range: 49 - 60

Abstract

Abstract

This article deals with mediation in language teaching, focusing on how the practice of mediation – as a specific language skill – can be incorporated in the syllabus. The chapter defines the skill of mediation as an emerging concept in language education, and discusses its potential for effective teaching of English for Specific Purposes in general and English for Legal Purposes in particular. The first part of the text seeks to answer several questions, aiming to determine whether mediation is relevant in the context of legal practice and whether it has a place in an English for Law syllabus. The second part addresses a more practical concern of how the skill of mediation can be practiced by students. The article makes a case for assigning mediation a much more central place in the classroom, giving a number of specific examples of how this soft skill can be developed in the teaching of ESP and ELP.

Keywords

  • legal English
  • ESP
  • ELP
  • mediation
  • communicative skills
  • CEFR
Open Access

Values and Valuations in Judicial Discourse. A Corpus-Assisted Study of (Dis)Respect in US Supreme Court Decisions on Same-Sex Marriage

Published Online: 29 Oct 2018
Page range: 61 - 79

Abstract

Abstract

This paper investigates the role of (DIS)RESPECT a value premise in two landmark civil rights cases given by the United States Supreme Court. It adopts a corpus-assisted approach whereby a keyword analysis and the analysis of key semantic domains are used to identify potential values relied upon by judges in their justifications. The two categories of NO RESPECT and RESPECTED have been selected and examined as one domain of (DIS)RESPECT. (DIS)RESPECT turns out to be the only value marked by strong evaluative polarity and it is found in the majority, as well as in dissenting opinions. The analysis shows how the notion of (DIS)RESPECT has been integrated into the arguments of judges and it highlights the central importance of values and the related evaluative language for legal argumentation.

Keywords

  • axiology
  • evaluation
  • judicial discourse
  • corpus-assisted discourse analysis
  • legal argumentation
  • same-sex marriage
Open Access

Frame Modeling Method in Teaching and Learning Legal Terminology

Published Online: 29 Oct 2018
Page range: 81 - 104

Abstract

Abstract

Law is known to exist only being articulated in a language and discourse, and the students’ ability to comprehend and use its meta-language is one of the main goals for English for Legal Purposes (ELP) teaching. The knowledge of terminology enables students to fit new information (linguistic, disciplinary, factual, cultural, etc.) into the framework of the legal system they are studying. The acquisition of terminology in a foreign language implies knowledge of both conceptual content and the means of its verbalization. This article argues for a cognitive approach to teaching Legal English, and frame modelling as an effective method of teaching and learning legal terminology. The heterogeneous structure of legal concepts (a permanent core and dynamic periphery) suggests the possibility of framing their verbal representations. From this perspective, legal terminology is viewed as a frame structure. Depending on the instructional objective, frame modelling may be circumscribed around a specific concept or frame level.

Keywords

  • concept
  • cognitive teaching
  • frame
  • language didactics
  • legal culture
  • terminology
Open Access

Affixed Terms in Cognitive Categorization of the Legal Picture of the World and in LSP Teaching

Published Online: 29 Oct 2018
Page range: 105 - 117

Abstract

Abstract

The interdisciplinary notion picture of the world makes research works devoted to this area of studies challenging from the point of view of finding interconnections between linguistic and extra-linguistic factors in the process of structuring categories of words, including those functioning in terminological systems and subsystems. Legal pictures of the world are specific cultural phenomena that may differ in various countries due to the nationally specific features of law and legal culture development. One of the most complicated problems of representing specific knowledge through linguistic, terminological, signifiers is the problem of linguistic categorization of concepts. The article considers the problem of forming legal categories based on word-building suffixes from the point of view of the development of the legal language ‘picture of the world’ [reflection of the world] closely associated with its conceptual picture. The conclusion is drawn that commonly used derivational suffixes transform their meanings in accordance with the legal taxonomies, forming the conceptual legal picture of the world. The results of theoretical studies in terminological conceptualization may be used in teaching legal English vocabulary in the form of systematic presentation of term-building patterns expressing certain conceptual categories.

Keywords

  • world picture
  • categorization
  • suffixed terms
  • derivational meaning
  • legal terminology
  • LSP teaching
Open Access

Shall We Teachs Shall: A Systematic Step-By-Step Approach

Published Online: 29 Oct 2018
Page range: 119 - 139

Abstract

Abstract

The paper discusses the status of shall in today’s legal drafting and legal translation, and by presenting typologies by a number of authors briefly addresses the variety of meanings it is used to express, in both legislation and contracts. It introduces the “shall dilemma” faced by non-native legal translators working both from and into English. The dilemma consists in the discrepancy between the promiscuous and abundant use of shall in authentic as well as translated documents, on the one hand, and the recommendations found in various drafting manuals promoting either a shall-free policy or a disciplined use of shall, on the other hand. The research part presents the results of a survey carried out among a carefully chosen sample of professional legal translators to determine what their policy is on the use of shall. The results include both quantitative findings and additional comments made by the translators, and confirms the divide between actual practice and the recommendations. In the next section of the paper, the results are applied and a series of step-by-step exercises are introduced which should raise the awareness of legal translation trainees of the ambiguity of shall and teach them to use it in a reasoned and disciplined way.

Keywords

  • modality
  • legal translation training
  • non-native translators
Open Access

Chinese Legal Terminology in European and Asian Contexts Analysed on the Example of Freedom of Contract Limits Related to State, Law and Publicity

Published Online: 29 Oct 2018
Page range: 141 - 162

Abstract

Abstract

The aim of this research was to analyse Chinese legal terminology related to limits of freedom of contract in juxtaposition with other European and Asian legal systems. The study was limited to state, law and publicity. The purpose of the comparison was to add a broader perspective to the research on Chinese legal terminology. The research material included civil codes and contract laws of selected European and Asian countries. Among the European codes the great ones were obviously included – French, Austrian and German, as well as those of less importance, but still relevant in Europe, such as Italian, Spanish codes or Swiss Law of Obligation, and also codes of Slavic and simultaneously post-socialist countries, like Poland, Czech Republic and Russia. In the case of Asia, the codes of China, Japan, South Korea and Vietnam were analysed. The question asked was whether the terminology used in Chinese law is unique or repeated and if so, how common it is in comparison with other legal systems. The research methods included the parametric approach to legal terminology comparison and techniques of legal construction (interpretation).

Keywords

  • freedom of contract
  • legal language
  • legal terminology
  • Chinese legal language
  • Chinese legal terminology
Open Access

Louisiana and Quebec Terminology as a Tool in Polish-English Legal Translation

Published Online: 29 Oct 2018
Page range: 163 - 176

Abstract

Abstract

While in the majority of English-speaking territories the dominant legal tradition is common law, in Louisiana and Quebec the native language is English and the legal system stems from continental civil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of English civil law terminology with well-founded conceptual background.

The civil codes of Louisiana and Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation.

Keywords

  • Polish-English legal translation
  • legal language
  • civil law terminology
  • Louisiana law
  • Quebec law
Open Access

ELP Teachers as Researchers. On the Benefits of Conducting Needs Analysis

Published Online: 29 Oct 2018
Page range: 177 - 193

Abstract

Abstract

The fact that students’ target language needs (TLN) analysis is conducted for the benefits of the students is obvious. However, in the tertiary level context the TLN analysis is usually neglected and replaced with the use of the ready-made curricula (e.g. corresponding to the content of the course books used or syllabi of the examinations taken at the end of the course).

The question which inspired the research undertaken for this paper was whether, and if so how, the very fact of conducting the TLN analysis affects teachers’ professional development. Namely, whether teachers choose to develop professionally in order to cater for the target, entry level job-related requirements, which may significantly increase students’ employability. Very often that means incorporating extracurricular content and skills into the course syllabus which originally have not been compulsory. Moreover, it may require teachers themselves gaining new knowledge and skills; it may induce professional development.

The paper will draw on interviews conducted among legal English teachers running classes at universities and will research their perception of TLN. It will address the questions how the teachers gain knowledge about their students’ target needs, what they understand by target needs, whether they try to satisfy the target needs which go beyond the studies curriculum and how they as language teachers benefit professionally from that.

Keywords

  • English for Specific Purposes
  • course design
  • Legal English
  • needs analysis
  • professional development
  • target language needs analysis
Open Access

Legal Languages – A Diachronic Perspective

Published Online: 29 Oct 2018
Page range: 195 - 212

Abstract

Abstract

The aim of the article is to discuss the legal language transformations from a diachronic perspective taking into account the following factors: (i) spatial and temporal, (ii) linguistic norm changes, (iii) political, (iv) social (customs), and (v) globalization as well as (vi) EU-induced. Spatial and temporal factors include legal relations influenced by climate and the cycles of nature. Linguistic factors include spelling reforms and grammatical changes each language undergoes, for example, as a result of usage. As far as the law is concerned, normative changes can be observed when laws are amended. Other factors such as customs, usage, etc. cannot be neglected when discussing the language of the law. Analogously political correctness and usage can be observed in gender sensitive language and the introduction of such terms as chairperson instead of chairman. Social factors should not be overlooked. As a result of social changes, numerous terms have been introduced to legal lexicons in many countries starting with same-sex unions or same-sex-marriages. The so-called political correctness enforces some language changes and leads to the introduction of new terms and at the same time the abandonment of others. Consequently, some terms cease to be used and consequently become archaic. The aim of the article is to focus on diachronic changes in legal languages and present the communication problems resulting from them from intra- and inter-lingual perspectives.

Keywords

  • legal language
  • language evolution
  • legal terminology
  • diachronic linguistics
Open Access

Mediation: Framing a Clil Course

Published Online: 29 Oct 2018
Page range: 213 - 222

Abstract

Abstract

Mediation in a legal sense is a means of alternative dispute resolution (ADR). Having evolved in the USA in the last half of 20th century the procedure is growing in popularity and proliferation all over the world. Many countries enacted particular legislation, and others included relevant articles into Civil and/or Criminal Procedure Codes. Howbeit, lawyers are to be aware of mediation and roles they may play within the process. Law school curriculum drafters face the challenge of including a new up-to-date course in mediation into busy and very full academic programmes. Analysis of existing instructing practice showed that in Anglo-American law schools mediation teaching is a part of clinical legal education. As for European countries, there is a broad range of scenarios and no established experience. Recognition of communicative skills as key skills for mediators prompts the use of a CLIL approach in structuring such a course. Listening, reframing, summarising, questioning are skills to be mastered by law-students both in a foreign language and their mother tongue. Language teachers are in charge of this part of the course while law teachers can work out text contents built on the branches of law mediators deal with more often (family law, employment law, contracts, etc.). Moreover, some texts may cover mediation law in a home country and abroad. Another important factor to take into account is a career path chosen by a law-student – if s/he is going to become a mediator or a lawyer securing clients in mediation. Role plays and scenarios are an integral part of the course. Moreover, the course developed can serve as an introduction to internship in a law clinic.

Keywords

  • mediation
  • CLIL
  • Legal English
  • professional communicative competence
12 Articles
Open Access

RETRACTED: How to Raise Quality Assurance in Legal Translation: The Question of Objectivity?

Published Online: 29 Oct 2018
Page range: 7 - 29

Abstract

Abstract

The aim of the present study is to propose an approach to legal translation quality so as to address the idiosyncrasies in legal studies and to confront the challenges and flaws of previous paradigms and models of translation quality assessment. The present approach is associated with the micro-macro textual, contextual, and legal components/variables in the pursuit of an adequate strategy through elaborating the decision making process for translation. The elements of the decision making process remain constant between translation relevancy/brief, and the translation product in the source text analysis, reformulation and revision stages. Translation competence, translation product, and the translation decision making process are all the evaluative standards for both quality controllers and translators. Also, this study scrutinizes the impact of translation quality assessment involving professional and training contexts besides managerial quality. In the upshot, this approach has the potential to reduce subjectivity in the quality of legal translation based on particular methodologies. The proposed framework assists the need for the evaluation of the quality of legal translation to boost the quality benchmarks in the professional environment.

Keywords

  • legal translation quality
  • adequacy strategy
  • translation competence
  • translation decision making process
  • translation product
Open Access

Collaborative and Individual Vocabulary Building Using ICT

Published Online: 29 Oct 2018
Page range: 31 - 48

Abstract

Abstract

Vocabulary knowledge affects any learner’s general language proficiency and the lack of vocabulary is often seen as an obstacle in a student’s progress. This statement becomes even truer when considering languages for specific purposes as the knowledge of technical vocabulary is closely connected to mastering professional skills. The research on vocabulary learning distinguishes two types of learning, incidental and intentional, which should complement each other. One of the most efficient intentional strategies proved to be the use of flashcards. Modern technologies have contributed to further development of this rather popular method by offering new ways of vocabulary consolidation as well as novel forms of interaction.

The main objective of the paper is to introduce a teaching methodology aimed at the intentional building of students’ vocabulary, however, at the same time making students being aware of a broader context in which a word or a collocation is used. The presented methodology involves student generated and recycled content as well as the use of electronic tools, namely Google docs and Quizlet.

In the course of three subsequent spring semesters, students first created a Google Docs collaborative learning log with lists of vocabulary, the following year’s students uploaded the lists of definitions and translations into Quizlet sets and in the final year the words in Quizlet flashcards where supplemented with example sentences. Students’ performance showed that both Google Docs and Quizlet are efficient tools not only for vocabulary learning, but also for language teaching. The proposed methodology was used in legal English classes, however, it can be implemented in any language course.

Keywords

  • ESP
  • vocabulary building
  • legal English
  • Google Docs
  • Quizlet
Open Access

Practicing the Skill of Mediation in English for Legal Purposes

Published Online: 29 Oct 2018
Page range: 49 - 60

Abstract

Abstract

This article deals with mediation in language teaching, focusing on how the practice of mediation – as a specific language skill – can be incorporated in the syllabus. The chapter defines the skill of mediation as an emerging concept in language education, and discusses its potential for effective teaching of English for Specific Purposes in general and English for Legal Purposes in particular. The first part of the text seeks to answer several questions, aiming to determine whether mediation is relevant in the context of legal practice and whether it has a place in an English for Law syllabus. The second part addresses a more practical concern of how the skill of mediation can be practiced by students. The article makes a case for assigning mediation a much more central place in the classroom, giving a number of specific examples of how this soft skill can be developed in the teaching of ESP and ELP.

Keywords

  • legal English
  • ESP
  • ELP
  • mediation
  • communicative skills
  • CEFR
Open Access

Values and Valuations in Judicial Discourse. A Corpus-Assisted Study of (Dis)Respect in US Supreme Court Decisions on Same-Sex Marriage

Published Online: 29 Oct 2018
Page range: 61 - 79

Abstract

Abstract

This paper investigates the role of (DIS)RESPECT a value premise in two landmark civil rights cases given by the United States Supreme Court. It adopts a corpus-assisted approach whereby a keyword analysis and the analysis of key semantic domains are used to identify potential values relied upon by judges in their justifications. The two categories of NO RESPECT and RESPECTED have been selected and examined as one domain of (DIS)RESPECT. (DIS)RESPECT turns out to be the only value marked by strong evaluative polarity and it is found in the majority, as well as in dissenting opinions. The analysis shows how the notion of (DIS)RESPECT has been integrated into the arguments of judges and it highlights the central importance of values and the related evaluative language for legal argumentation.

Keywords

  • axiology
  • evaluation
  • judicial discourse
  • corpus-assisted discourse analysis
  • legal argumentation
  • same-sex marriage
Open Access

Frame Modeling Method in Teaching and Learning Legal Terminology

Published Online: 29 Oct 2018
Page range: 81 - 104

Abstract

Abstract

Law is known to exist only being articulated in a language and discourse, and the students’ ability to comprehend and use its meta-language is one of the main goals for English for Legal Purposes (ELP) teaching. The knowledge of terminology enables students to fit new information (linguistic, disciplinary, factual, cultural, etc.) into the framework of the legal system they are studying. The acquisition of terminology in a foreign language implies knowledge of both conceptual content and the means of its verbalization. This article argues for a cognitive approach to teaching Legal English, and frame modelling as an effective method of teaching and learning legal terminology. The heterogeneous structure of legal concepts (a permanent core and dynamic periphery) suggests the possibility of framing their verbal representations. From this perspective, legal terminology is viewed as a frame structure. Depending on the instructional objective, frame modelling may be circumscribed around a specific concept or frame level.

Keywords

  • concept
  • cognitive teaching
  • frame
  • language didactics
  • legal culture
  • terminology
Open Access

Affixed Terms in Cognitive Categorization of the Legal Picture of the World and in LSP Teaching

Published Online: 29 Oct 2018
Page range: 105 - 117

Abstract

Abstract

The interdisciplinary notion picture of the world makes research works devoted to this area of studies challenging from the point of view of finding interconnections between linguistic and extra-linguistic factors in the process of structuring categories of words, including those functioning in terminological systems and subsystems. Legal pictures of the world are specific cultural phenomena that may differ in various countries due to the nationally specific features of law and legal culture development. One of the most complicated problems of representing specific knowledge through linguistic, terminological, signifiers is the problem of linguistic categorization of concepts. The article considers the problem of forming legal categories based on word-building suffixes from the point of view of the development of the legal language ‘picture of the world’ [reflection of the world] closely associated with its conceptual picture. The conclusion is drawn that commonly used derivational suffixes transform their meanings in accordance with the legal taxonomies, forming the conceptual legal picture of the world. The results of theoretical studies in terminological conceptualization may be used in teaching legal English vocabulary in the form of systematic presentation of term-building patterns expressing certain conceptual categories.

Keywords

  • world picture
  • categorization
  • suffixed terms
  • derivational meaning
  • legal terminology
  • LSP teaching
Open Access

Shall We Teachs Shall: A Systematic Step-By-Step Approach

Published Online: 29 Oct 2018
Page range: 119 - 139

Abstract

Abstract

The paper discusses the status of shall in today’s legal drafting and legal translation, and by presenting typologies by a number of authors briefly addresses the variety of meanings it is used to express, in both legislation and contracts. It introduces the “shall dilemma” faced by non-native legal translators working both from and into English. The dilemma consists in the discrepancy between the promiscuous and abundant use of shall in authentic as well as translated documents, on the one hand, and the recommendations found in various drafting manuals promoting either a shall-free policy or a disciplined use of shall, on the other hand. The research part presents the results of a survey carried out among a carefully chosen sample of professional legal translators to determine what their policy is on the use of shall. The results include both quantitative findings and additional comments made by the translators, and confirms the divide between actual practice and the recommendations. In the next section of the paper, the results are applied and a series of step-by-step exercises are introduced which should raise the awareness of legal translation trainees of the ambiguity of shall and teach them to use it in a reasoned and disciplined way.

Keywords

  • modality
  • legal translation training
  • non-native translators
Open Access

Chinese Legal Terminology in European and Asian Contexts Analysed on the Example of Freedom of Contract Limits Related to State, Law and Publicity

Published Online: 29 Oct 2018
Page range: 141 - 162

Abstract

Abstract

The aim of this research was to analyse Chinese legal terminology related to limits of freedom of contract in juxtaposition with other European and Asian legal systems. The study was limited to state, law and publicity. The purpose of the comparison was to add a broader perspective to the research on Chinese legal terminology. The research material included civil codes and contract laws of selected European and Asian countries. Among the European codes the great ones were obviously included – French, Austrian and German, as well as those of less importance, but still relevant in Europe, such as Italian, Spanish codes or Swiss Law of Obligation, and also codes of Slavic and simultaneously post-socialist countries, like Poland, Czech Republic and Russia. In the case of Asia, the codes of China, Japan, South Korea and Vietnam were analysed. The question asked was whether the terminology used in Chinese law is unique or repeated and if so, how common it is in comparison with other legal systems. The research methods included the parametric approach to legal terminology comparison and techniques of legal construction (interpretation).

Keywords

  • freedom of contract
  • legal language
  • legal terminology
  • Chinese legal language
  • Chinese legal terminology
Open Access

Louisiana and Quebec Terminology as a Tool in Polish-English Legal Translation

Published Online: 29 Oct 2018
Page range: 163 - 176

Abstract

Abstract

While in the majority of English-speaking territories the dominant legal tradition is common law, in Louisiana and Quebec the native language is English and the legal system stems from continental civil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of English civil law terminology with well-founded conceptual background.

The civil codes of Louisiana and Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation.

Keywords

  • Polish-English legal translation
  • legal language
  • civil law terminology
  • Louisiana law
  • Quebec law
Open Access

ELP Teachers as Researchers. On the Benefits of Conducting Needs Analysis

Published Online: 29 Oct 2018
Page range: 177 - 193

Abstract

Abstract

The fact that students’ target language needs (TLN) analysis is conducted for the benefits of the students is obvious. However, in the tertiary level context the TLN analysis is usually neglected and replaced with the use of the ready-made curricula (e.g. corresponding to the content of the course books used or syllabi of the examinations taken at the end of the course).

The question which inspired the research undertaken for this paper was whether, and if so how, the very fact of conducting the TLN analysis affects teachers’ professional development. Namely, whether teachers choose to develop professionally in order to cater for the target, entry level job-related requirements, which may significantly increase students’ employability. Very often that means incorporating extracurricular content and skills into the course syllabus which originally have not been compulsory. Moreover, it may require teachers themselves gaining new knowledge and skills; it may induce professional development.

The paper will draw on interviews conducted among legal English teachers running classes at universities and will research their perception of TLN. It will address the questions how the teachers gain knowledge about their students’ target needs, what they understand by target needs, whether they try to satisfy the target needs which go beyond the studies curriculum and how they as language teachers benefit professionally from that.

Keywords

  • English for Specific Purposes
  • course design
  • Legal English
  • needs analysis
  • professional development
  • target language needs analysis
Open Access

Legal Languages – A Diachronic Perspective

Published Online: 29 Oct 2018
Page range: 195 - 212

Abstract

Abstract

The aim of the article is to discuss the legal language transformations from a diachronic perspective taking into account the following factors: (i) spatial and temporal, (ii) linguistic norm changes, (iii) political, (iv) social (customs), and (v) globalization as well as (vi) EU-induced. Spatial and temporal factors include legal relations influenced by climate and the cycles of nature. Linguistic factors include spelling reforms and grammatical changes each language undergoes, for example, as a result of usage. As far as the law is concerned, normative changes can be observed when laws are amended. Other factors such as customs, usage, etc. cannot be neglected when discussing the language of the law. Analogously political correctness and usage can be observed in gender sensitive language and the introduction of such terms as chairperson instead of chairman. Social factors should not be overlooked. As a result of social changes, numerous terms have been introduced to legal lexicons in many countries starting with same-sex unions or same-sex-marriages. The so-called political correctness enforces some language changes and leads to the introduction of new terms and at the same time the abandonment of others. Consequently, some terms cease to be used and consequently become archaic. The aim of the article is to focus on diachronic changes in legal languages and present the communication problems resulting from them from intra- and inter-lingual perspectives.

Keywords

  • legal language
  • language evolution
  • legal terminology
  • diachronic linguistics
Open Access

Mediation: Framing a Clil Course

Published Online: 29 Oct 2018
Page range: 213 - 222

Abstract

Abstract

Mediation in a legal sense is a means of alternative dispute resolution (ADR). Having evolved in the USA in the last half of 20th century the procedure is growing in popularity and proliferation all over the world. Many countries enacted particular legislation, and others included relevant articles into Civil and/or Criminal Procedure Codes. Howbeit, lawyers are to be aware of mediation and roles they may play within the process. Law school curriculum drafters face the challenge of including a new up-to-date course in mediation into busy and very full academic programmes. Analysis of existing instructing practice showed that in Anglo-American law schools mediation teaching is a part of clinical legal education. As for European countries, there is a broad range of scenarios and no established experience. Recognition of communicative skills as key skills for mediators prompts the use of a CLIL approach in structuring such a course. Listening, reframing, summarising, questioning are skills to be mastered by law-students both in a foreign language and their mother tongue. Language teachers are in charge of this part of the course while law teachers can work out text contents built on the branches of law mediators deal with more often (family law, employment law, contracts, etc.). Moreover, some texts may cover mediation law in a home country and abroad. Another important factor to take into account is a career path chosen by a law-student – if s/he is going to become a mediator or a lawyer securing clients in mediation. Role plays and scenarios are an integral part of the course. Moreover, the course developed can serve as an introduction to internship in a law clinic.

Keywords

  • mediation
  • CLIL
  • Legal English
  • professional communicative competence

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