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

According to E. G. Lorenzen, the international theory of the conflict of laws rests almost wholly on fiction. The discipline of conflict of laws is created by a huge number of national internal laws and quite a large number of international instruments. Concepts used there are interpreted in many ways illustrating the variety of legal solutions and values. Some of the instruments facilitating the correct application of law are unregulated. One of them is qualification, which starts the process of indication and application of the proper law and assists in its completion.

The development of genre-awareness is a key issue in legal translator training, as, according to research, semantic text comprehension depends largely on the recognition of genres/text types. Legal translators must be familiar with the rhetorical and textual conventions of legal genres both in the source- and the target language – the two code systems – to realise the communicative aim of the translation, and to be able to produce texts that are acceptable by the professional community.

Consequently, in legal translator training the development of intercultural competence has double implications: it refers not only to the ability to transfer between legal systems, but also between legal genres. The biggest challenge of translator training is to improve skills and competences effectively through a selection of texts that realistically meet the changing needs of the translation market, but, at the same time, can be successfully adjusted to the level of proficiency attained by students at different levels of the training.

Drawing on both practical experience and empirical research, the paper attempts to present a methodological scheme for the selection and grading of legal genres and text types in legal translator training, taking into account some of the functional typologies, and several other relevant aspects. With a practical approach, the selected genres are introduced in the context of exercises aimed at improving genre-transfer competence and some other skills vital for legal translators. Although the presented scheme/case study has been designed for an actual 3-semester legal translator training where students have legal degrees, it is supplemented with further methodological guidelines so that it can be adapted to other legal translator trainings of any level.

The aim of the paper is to investigate the impact of the Greek language on modern legal languages in the United Kingdom and United States of America. The focus is placed on terms with the prefix cyber- of Greek origin that have recently enriched the English legal languages in connection with the fact that certain new phenomena (legal institutions) have been regulated by laws as a result of the development of new technologies. Therefore, the authors have investigated the occurrence of terms with the prefix cyber- in legislation and other legal texts. Apart from the analysis of borrowings in the English legal languages, the authors have also investigated the occurrence of equivalent terms in Greek and Cypriot legislation and other genres of legal texts. Furthermore, the analysis involved the investigation of the occurrence of terms with the analysed prefix cyber- in European Union legislation and terminological databases (mostly IATE) to find out whether the borrowings may become internationalisms of Greek origin. Furthermore, the authors have also investigated whether for those terms with a prefix of Greek origin there are synonyms in the languages under scrutiny of non-Greek origin.

One of the fields of protecting human rights within the framework of standards of the Council of Europe is the protection of national minorities – with the special issue of their linguistic rights. An intensification of actions aimed at adopting legal measures in this field happened in the 1960s. The concern for a proper range and level of regulation was expressed at the level of the Parliamentary Assembly and the Committee of Ministers. National experts formulated detailed resolutions to include the goals of international organizations such as CSCE and the United Nations concerning this matter. The fact that the framework convention was chosen as the means bears witness to a significant provision that the guarantee of rights were realized in the most flexible manner, including the designations and capacities of State parties.

This article includes an analysis of three stages of work connected with ensuring linguistic rights for national minorities, with a special emphasis on the linguistic rights in the education system. On the one hand, actions which resulted in the acceptance of the Framework Convention for the Protection of National Minorities are shown. On the other hand, the goals and details of this Convention are described. The third section concerns the analysis of mechanisms for monitoring the realization of the rights included in the Convention. Due to limitations in the terms of reference for this work, the analysis of the convention guarantees, and their realization, was limited to linguistic rights in the education system. The practice of these actions was shown through examples in Poland and Lithuania.

The right to education for national minorities (in a general sense) including knowledge about their culture, traditions, and their input into the development of the society of a given country is one of the rights clearly stated in the Framework Convention. By the same token are linguistic rights in an education system – the right to teach the language of a national minority or to teach in the language of a minority. As practice in Poland and Lithuania shows, the situation of education of national minorities is different, although some of the problems are common: an example for that would be access to proper coursebooks in the languages of national minorities, or properly trained teachers.

The paper focuses on the notion of disability in the documents of selected international organisations. The social model approach to disability has been implemented since the second half of the 20^th century and consequently such terms as ‘invalid’, ‘madman’, ‘dumb’, ‘cripple’, ‘paralytic’, ‘the lame’ or ‘the blind’ were removed from the literature, legal acts, or documents of international organisations. Notions like ‘disability’, ‘disabled person’, or ‘a person with disability’ are considered ‘politically correct’ now. It is worth highlighting however that great emphasis is put to replace the term ‘a disabled person’ with the term ‘a person with a disability or disabilities” as the latter notion does not refer to the person’s characteristics with one adjective only, hence it does not stigmatize him/her either. The trend is reflected in the terminology used in the documents and acts introduced at the international level. Nevertheless, there are still a lot of difficulties with translation into other languages, which is also the Polish case.

In many papers dealing with the stylistic features of legal texts, metaphor is highlighted as a stylistic figure often used in the language of law. On a daily basis we can witness the frequent use of metaphoric collocations like soft laws, hard laws, silent partner, hedge funds, etc. In this paper, the author analyses the use of denotations for colours as constituent parts of metaphoric collocations in the language of law. The analysis is conducted by using a comparative approach to examples extracted by means of computer technology from international bills and conventions available online. In the main part of the paper, examples are classified by using a colour denotation as the main criterion for the classification. After that, the examples are compared with corresponding expressions used in German and Croatian. Taking into account the main principle of the Skopos translation theory that differences between cultures strongly influence the translation process, the hypothesis of this research is that in many cases there will be no lexical equivalence between collocations with colour denotation in three languages. Due to the fact that international bills and conventions build the corpus of the research, and that the English language has become the lingua franca of international communication, it can be expected that some metaphoric terms and collocations would be literally translated from English. Conclusions drawn from the comparative analysis of legal collocations containing denotations for colours can be interesting to lawyers and LSP teachers in the field of law. In this sense, results of the research can contribute to motivational aspects of teaching Legal English and Legal German.

The main aim of this paper is to present the results of a job satisfaction survey conducted on a group of Polish sworn translators (translating from English into Polish and from Polish into English). The first part of this paper discusses the state of the art of sociology of translation as well as providing a definition of job satisfaction. Then, the author of the paper moves on to the presentation of the research procedure: the methodology, the limitations of the study, the results and a discussion about the findings. This study presents evidence suggesting that Polish sworn translators experience a high level of job satisfaction. Nevertheless, due to research limitations, further studies on this topic are recommended before the issue of job satisfaction among sworn translators is more clearly understood.

In this paper, the author intends to present an approach against lengthy contracts, judgements, and pleadings. He describes the advantages of brevity, conciseness, and plain English, focusing on research in Israel and abroad. An extreme example of how a whole page may be condensed into one sentence is provided by the author, as well as the opinion of a Supreme Court Chief Justice regarding methods to be used in writing good judgments, and a lawyer’s proposal to summarize pleadings. In the second part of this paper, the author briefly illustrates the differences between three disciplines: Law, Business Administration, and Social Sciences. He proposes that the Law should examine and adopt several elements from other disciplines that can have a positive impact on legal language.

Easy and cheap access to the Internet and a wide array of new technologies, such as smartphones, have multiplied opportunities for online informal learning of English (OILE). Yet, despite sizeable research, few studies have examined the issue of OILE in the context of university students of different disciplines. The aim of this research study was to examine the role of online language use through smartphones among students of various disciplines and its possible effects on enhancement of their foreign language skills. The study assumed both qualitative and quantitative methodology encompassing three research instruments: an online survey, the self-assessment language competence grid of the Common European Framework of Reference for Languages (CEFRL; Council of Europe, 2001) and a semi-structured interview. Data were collected with 377 students from two universities: University of Białystok, Poland and University of Osijek, Croatia. The research outcomes indicate that both Croatian and Polish students of different disciplines use their smartphones chiefly for receptive activities with infrequent use for language learning purposes and the predominant use of the mother tongue or English for the listed online activities through smartphones do not significantly affect the self-assessed level of their communicative competence in English. However, it can be stated that the choice of the preponderant language for online use through smartphones, especially for study-related issues, is conditioned by the students’ discipline of study.

The aim of this paper is to discuss a selection of Japanese rape-related terminology and their potential equivalents in English and Polish. In this article the author will present an analysis of chosen rape-related terminology which is present in legislation and other legal texts, as well as in the media. Firstly, the definitions of selected terms will be provided; next, potential equivalents from the British, American, and Polish legal systems will be chosen in order to carry out comparative linguistic analysis. Finally, conclusions will be drawn on whether there are near, partial, or no equivalents in the languages under scrutiny.

Among the political changes brought about by the First World War was the formation of new countries, including Latvia. This in turn resulted in a strong need for the first national legislative acts and thus a substantial amount of effort to develop Latvian legal terminology which dates back to the beginning of the 19th century.

The purpose of the paper is to study the development of Latvian terminology of marriage in the 20th century through analysis of the relevant body of laws. The paper focuses on marriage-related terms extracted from the major legislative acts governing the institution of marriage in the 20th century. The present study adopts the qualitative research approach which constitutes data collection (selection of the relevant legislative acts, term extraction) and data analysis (qualitative analysis of extracted terms). For the purposes of a comprehensive and efficient analysis of the extracted legal terms, marriage terms are divided into the following five thematic groups: 1) engagement; 2) entering into marriage; 3) nullity of marriage; 4) dissolution of marriage (divorce); and 5) consequences of dissolution or nullity of marriage. The paper suggests that the core of the Latvian terminology of marriage has remained stable, as entering into marriage is a solid procedure where two interested parties give notice to a public or religious institution in order to officially register their relationship. Similarly, both parties often feel the need to terminate this relationship just as officially. This stability of fundamental processes contributes to terminological continuity.

The paper presents findings gathered in an exploratory, descriptive, corpus-based analysis of a parallel corpus composed of English corporate documents and their translations into Polish with regard to the frequency-related, binary strategy distribution pattern. In general, the author posits a distinctiveness of interlingual communication in the domain of law, as delineated by the institutional and disciplinary framework. The material extracted from the corpus and studied for its generic features (author, forthcoming-a) points to the hermetic character of corporate written communication in English. The thesis to be verified is whether there are any tendencies in the distribution of the translation strategies in the corpus texts. The research question was operationalised via coding the corpus extracts according to the binary strategy division scheme. Further, the data have been discussed in reference to the sociocultural background of the communicative situation covered under the analysis in order to account for the translators’ motivation.