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Special issue: Studies in institutional translation and international legal communication. Editor: Fernando Prieto Ramos

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Informacje o czasopiśmie
Format
Czasopismo
eISSN
2391-4491
Pierwsze wydanie
20 Dec 2019
Częstotliwość wydawania
4 razy w roku
Języki
Angielski

Wyszukiwanie

Tom 44 (2020): Zeszyt 1 (December 2020)

Informacje o czasopiśmie
Format
Czasopismo
eISSN
2391-4491
Pierwsze wydanie
20 Dec 2019
Częstotliwość wydawania
4 razy w roku
Języki
Angielski

Wyszukiwanie

4 Artykułów
Otwarty dostęp

A Discourse Analysis of News Media Articles on the Polish ‘Rule of Law Crisis’

Data publikacji: 24 Dec 2020
Zakres stron: 5 - 43

Abstrakt

Abstract

The article identifies the discursive characteristics of news media texts covering Poland’s ‘constitutional crisis’. Following the conception of discourse presented in Laclau and Mouffe (1985), i.e. as an articulatory practice that conveys meaning through a structured system of positions and differences, the article highlights some features of English-language news media texts (e.g. from the Guardian, Telegraph, Economist, Financial Times, New York Times, Washington Post) that can be described as typical. The following features are identified: a lecturing tone, the use of structural oppositions, immediate rebuttals, misrepresentation, appeals to expertise, and the sovereignty taboo. These features are diagnosed as contributing to the narrow discursive range covered by news articles. To shed light on this narrow range, the article presents three conflicting positions from Polish legal theory that address the issues of constitutional courts, the rule of law and national sovereignty: Ryszard Piotrowki’s legal constitutionalism, Paweł Bała and Adam Wielomski’s Schmitt-inspired position, and Adam Sulikowski’s reading of the constitutional courts as an instrument of hegemonic discourse. In the conclusion it is suggested that news media discourse would benefit from demonstrating a greater awareness of other discourses, and from developing a more generous, balanced approach to presenting and addressing their claims.

Słowa kluczowe

  • discourse analysis
  • news media articles
  • the Polish constitutional crisis
  • rule of law
  • sovereignty
  • legal theory
Otwarty dostęp

“Dear Emma…”. Genre Overlapping and Register Variation in the English and Italian Version of Sergio Marchionne’s Letter to Confindustria

Data publikacji: 24 Dec 2020
Zakres stron: 45 - 63

Abstrakt

Abstract

The aim of this paper is to examine whether genre overlapping and register variation have implications in terms of translation outcomes. To this end, the English and the Italian version of the letter sent by Sergio Marchionne to the President of Confindustria – Italy’s most important employers’ organisation – will be analysed. The decision to investigate Marchionne’s statement is based on the fact that this is a letter disseminated as a press release, which also contains highly-technical terminology pertaining to the discourse of Employment Relations (ER). It is stressed that a number of issues arise when deciding which genre and register to use when translating specialised texts. It is argued that genre overlapping and register variation affect the texts in English and Italian in important respects, leading to different perceptions on the part of the target audience.

Słowa kluczowe

  • genre analysis
  • register
  • employment relations
  • translation
  • linguistics
Otwarty dostęp

Definition as a Genre in Three Legal Systems: A Comparative Analysis

Data publikacji: 24 Dec 2020
Zakres stron: 65 - 92

Abstrakt

Abstract

This paper aims at comparing the definition of ‘trademark’ in three different legal systems – EU law, international law and US common law – in order to identify the discoursal, generic and textual characteristics of definition as a genre. The selected corpus of analysis is made up of three definitions from EU Regulation 2017/1001, WTO Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS) and US Lanham Act (sec.45) and of several US cases from 1926 to 2019. The theoretical framework within which the analysis is carried out is the seminal work on definition as carried out by Richard Robinson (1954) and Harris and Hutton (2007). The approach is mainly linguistic, though a historical excursus on the concept of definition is provided as a necessary introductory premise. The findings demonstrate that EU legal texts are characterised by a hybrid style (Robertson 2010) which results from the combination of common law and civil law textual features.

The analysis of the definitional sections here displayed supports this point and confirms that EU term formation and definition are text-driven (Šarčević 2016). EU legal texts in their English version originate from the dynamic combination of two aspects: one connected to EU legal English – which is not common law English – and one connected to matters of terminology, syntax and general structure which has a French origin.

Słowa kluczowe

  • definition
  • legal language
  • discourse analysis
  • interpretation
  • semiotics
Otwarty dostęp

Prototype Theory in the Judicial Practice of the Court of Justice of the European Union. A Case Study

Data publikacji: 24 Dec 2020
Zakres stron: 93 - 119

Abstrakt

Abstract

Prototype theory is a semantic theory according to which the membership of conceptual categories is based not on a list of criterial features, but rather on the similarity to the most representative member of the category. Consequently, conceptual categories may lack classical definitions and rigid boundaries. This article supports the claims, already made by other scholars working in the field, that prototype theory may greatly augment our understanding of legal (i.e. statutory, judicial) interpretation. Legal provisions are traditionally written as classical definitions, but they are rarely applied that way. Statutory concepts tend to be interpreted with a great deal of flexibility, using a wide array of extra-textual factors. This is especially true for the case law of the Court of Justice of the European Union, which has to deal with the challenges of the multilingual, supranational law of the European Union.

Słowa kluczowe

  • judicial interpretation
  • legal semantics
  • prototype theory
  • cognitive linguistics
  • EU legislation
4 Artykułów
Otwarty dostęp

A Discourse Analysis of News Media Articles on the Polish ‘Rule of Law Crisis’

Data publikacji: 24 Dec 2020
Zakres stron: 5 - 43

Abstrakt

Abstract

The article identifies the discursive characteristics of news media texts covering Poland’s ‘constitutional crisis’. Following the conception of discourse presented in Laclau and Mouffe (1985), i.e. as an articulatory practice that conveys meaning through a structured system of positions and differences, the article highlights some features of English-language news media texts (e.g. from the Guardian, Telegraph, Economist, Financial Times, New York Times, Washington Post) that can be described as typical. The following features are identified: a lecturing tone, the use of structural oppositions, immediate rebuttals, misrepresentation, appeals to expertise, and the sovereignty taboo. These features are diagnosed as contributing to the narrow discursive range covered by news articles. To shed light on this narrow range, the article presents three conflicting positions from Polish legal theory that address the issues of constitutional courts, the rule of law and national sovereignty: Ryszard Piotrowki’s legal constitutionalism, Paweł Bała and Adam Wielomski’s Schmitt-inspired position, and Adam Sulikowski’s reading of the constitutional courts as an instrument of hegemonic discourse. In the conclusion it is suggested that news media discourse would benefit from demonstrating a greater awareness of other discourses, and from developing a more generous, balanced approach to presenting and addressing their claims.

Słowa kluczowe

  • discourse analysis
  • news media articles
  • the Polish constitutional crisis
  • rule of law
  • sovereignty
  • legal theory
Otwarty dostęp

“Dear Emma…”. Genre Overlapping and Register Variation in the English and Italian Version of Sergio Marchionne’s Letter to Confindustria

Data publikacji: 24 Dec 2020
Zakres stron: 45 - 63

Abstrakt

Abstract

The aim of this paper is to examine whether genre overlapping and register variation have implications in terms of translation outcomes. To this end, the English and the Italian version of the letter sent by Sergio Marchionne to the President of Confindustria – Italy’s most important employers’ organisation – will be analysed. The decision to investigate Marchionne’s statement is based on the fact that this is a letter disseminated as a press release, which also contains highly-technical terminology pertaining to the discourse of Employment Relations (ER). It is stressed that a number of issues arise when deciding which genre and register to use when translating specialised texts. It is argued that genre overlapping and register variation affect the texts in English and Italian in important respects, leading to different perceptions on the part of the target audience.

Słowa kluczowe

  • genre analysis
  • register
  • employment relations
  • translation
  • linguistics
Otwarty dostęp

Definition as a Genre in Three Legal Systems: A Comparative Analysis

Data publikacji: 24 Dec 2020
Zakres stron: 65 - 92

Abstrakt

Abstract

This paper aims at comparing the definition of ‘trademark’ in three different legal systems – EU law, international law and US common law – in order to identify the discoursal, generic and textual characteristics of definition as a genre. The selected corpus of analysis is made up of three definitions from EU Regulation 2017/1001, WTO Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS) and US Lanham Act (sec.45) and of several US cases from 1926 to 2019. The theoretical framework within which the analysis is carried out is the seminal work on definition as carried out by Richard Robinson (1954) and Harris and Hutton (2007). The approach is mainly linguistic, though a historical excursus on the concept of definition is provided as a necessary introductory premise. The findings demonstrate that EU legal texts are characterised by a hybrid style (Robertson 2010) which results from the combination of common law and civil law textual features.

The analysis of the definitional sections here displayed supports this point and confirms that EU term formation and definition are text-driven (Šarčević 2016). EU legal texts in their English version originate from the dynamic combination of two aspects: one connected to EU legal English – which is not common law English – and one connected to matters of terminology, syntax and general structure which has a French origin.

Słowa kluczowe

  • definition
  • legal language
  • discourse analysis
  • interpretation
  • semiotics
Otwarty dostęp

Prototype Theory in the Judicial Practice of the Court of Justice of the European Union. A Case Study

Data publikacji: 24 Dec 2020
Zakres stron: 93 - 119

Abstrakt

Abstract

Prototype theory is a semantic theory according to which the membership of conceptual categories is based not on a list of criterial features, but rather on the similarity to the most representative member of the category. Consequently, conceptual categories may lack classical definitions and rigid boundaries. This article supports the claims, already made by other scholars working in the field, that prototype theory may greatly augment our understanding of legal (i.e. statutory, judicial) interpretation. Legal provisions are traditionally written as classical definitions, but they are rarely applied that way. Statutory concepts tend to be interpreted with a great deal of flexibility, using a wide array of extra-textual factors. This is especially true for the case law of the Court of Justice of the European Union, which has to deal with the challenges of the multilingual, supranational law of the European Union.

Słowa kluczowe

  • judicial interpretation
  • legal semantics
  • prototype theory
  • cognitive linguistics
  • EU legislation

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