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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 47 (2021): Zeszyt 1 (September 2021)

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

Wyszukiwanie

5 Artykułów
Open Access

Preface: Law and Legal Linguistics in a Constant State of Transition

Data publikacji: 15 Nov 2021
Zakres stron: 7 - 16

Abstrakt

Abstract

Legal linguistics or jurilinguistics as it has been called recently, is a relatively new field of research. The first research into the field started with analysing the content of laws (the epistemic stage). Later on, lawyers started being interested in manners of communicating laws (the heuristic stage). This Special Issue of Comparative Legilinguistics contains two texts devoted to the development of legal linguistics, legal languages and legal translation and two papers on an institutional stratification of legal linguistics. It is a continuation of research published in the same journal (Special Issue no. 45 titled “The Evil Twins and Their Silent Otherness in Law and Legal Translation”) providing some insights into the problems of communication in legal settings.

Słowa kluczowe

  • legal linguistics
  • jurilinguistic
  • legal translation
  • legal language
Open Access

Conceptual Origins of Legal Linguistics

Data publikacji: 15 Nov 2021
Zakres stron: 17 - 56

Abstrakt

Abstract

This essay is a survey of methods applied and topics scrutinized in legal-linguistic studies. It starts with the elucidation of the epistemic interest that led to the emergence and to the subsequent expansion of the mainstream legal-linguistic knowledge that we dispose of today. Thus, the essay focuses upon the development of problem awareness in the emerging legal-linguistic studies as well as upon the results of research that might be perceived as the state of the art in the mainstream legal linguistics. Meanwhile, some methodologically innovative tilts and twists that enrich and inspire contemporary legal linguistics are considered as well. Essentially, this essay traces the conceptual landscape in which the paradigms of legal-linguistic studies came about. This conceptual landscape extends from the research into the isolated words of law and the style used by jurists to the scrutiny of legal texts and legal discourses in all their socio-linguistic complexity. Within this broad frame of reference, many achievements in legal-linguistic studies are mentioned in order to sketch the consequences of processes in which legal-linguistic paradigms take shape. The author concludes upon a vision of legal linguistics called pragmatic legal linguistics as the newest stage in the intellectual enterprise that aims to pierce the language of the law and by so doing to understand law better.

Słowa kluczowe

  • inquiries into the language of law
  • legal linguistics and its method
  • legal-linguistic topics
  • mainstream legal linguistics
  • future legal linguistics
Open Access

Direction-Asymmetric Equivalence in Legal Translation

Data publikacji: 15 Nov 2021
Zakres stron: 57 - 72

Abstrakt

Abstract

The concept of equivalence, despite the criticism it has received in the past decades, remains a useful framework for the study of correspondence between legal terms. In the present article, I address the question of direction-asymmetric equivalence in legal translation, i.e. equivalence that does not obey the “one-to-one” principle, and which usually implies that the translator’s decision-making is more difficult in one direction than in the other. This asymmetry may be triggered by intrinsic semantic characteristics of legal terms (synonymy and polysemy), by differences between legal systems (system-specific terms, the procedures used for their translation and their handling in lexicographic sources, competing legal systems, tension between cultural boundedness and neutrality), or by social factors (L1 vs. L2 translation). The instances of directional asymmetry discussed are illustrated with examples from French and Czech.

Słowa kluczowe

  • legal translation
  • legal terminology
  • equivalence
  • translation direction
  • French
  • Czech
  • languages with limited diffusion
Open Access

A Comparative Study of the Rhetorical Functions and Features of Personal Pronouns in English and Chinese Legal News

Data publikacji: 15 Nov 2021
Zakres stron: 73 - 103

Abstrakt

Abstract

This paper mainly discusses the distribution and rhetorical functions of personal pronouns in English and Chinese legal news reports which is divided into two narrative types, the objective and the semi-dialogic. Through the comparative analysis of some English and Chinese legal news texts in the two types, it finds that the differences in narrative type directly affect the distribution of personal pronouns. In objective narrative, the use of third person pronouns accounts for an absolute proportion, and the frequency of using first person and second person pronouns is close to zero. In semi-dialogic narrative, the use of third person pronouns is still the highest, but only slightly higher than the use of first person and second person pronouns, accounting for only a small number. After analysis, this paper holds that there are three reasons for the uneven distribution: first, the differences between the dialogic style and the narrative style; second, the legal narrative being a story narrative; third, the specific restrictions on the use of legal rhetoric.

Słowa kluczowe

  • Legal News
  • Personal Pronouns
  • Dialogic
  • Narrative
  • Rhetoric
Open Access

An Analysis of the “Right of Termination”, “Right of Cancellation” and “Right of Withdrawal” in off-Premises and Distance Contracts According to EU Directives

Data publikacji: 15 Nov 2021
Zakres stron: 105 - 133

Abstrakt

Abstract

Several are the European Directives dedicated to e-commerce, focussing on consumer rights, the distance marketing of consumer financial services and the protection of consumers indistance contracts.In contract law, the terms “termination”, “withdrawal”and “cancellation”have peculiar and distinct meaning. Nonetheless, they tend to be misused and applied interchangeably. This article will shed light on these relevant terms in thelight of EU Directives on the protection of consumer rights in off-premises and distance contracts.To do so, it will first present instances in which the meaningand use of these terms is either clear-cut or somehow blurred. By analysing word usage and meaning in context, it will explore how EU Directives, and EU drafters in general, made(un)ambiguous distinctions. Then, it will investigate whether English-speaking drafters (such as those of the pre-Brexit UK, Ireland and Malta) made a consistent use ofsuch terms. Finally, this paper will explore whether online conditions of sale writtenin English by non-English speaking sellers or traders (such as Italian and Polish) also make a consistent use of the terms.The paper findings highlight that the use andlegal purpose of these terms in European Directives have not been particularly consistent over the years. Furthermore, Member States’system-specificity has weighed on the meaning, application and scope of the terms. On the other hand, at EU level the absence of a unique legal system of reference and the challenges of harmonization may have created false equivalences.

Słowa kluczowe

  • e-commerce
  • consumer rights
  • legal terminology
  • near-synonyms
  • legal discourse
  • off-premises contracts
5 Artykułów
Open Access

Preface: Law and Legal Linguistics in a Constant State of Transition

Data publikacji: 15 Nov 2021
Zakres stron: 7 - 16

Abstrakt

Abstract

Legal linguistics or jurilinguistics as it has been called recently, is a relatively new field of research. The first research into the field started with analysing the content of laws (the epistemic stage). Later on, lawyers started being interested in manners of communicating laws (the heuristic stage). This Special Issue of Comparative Legilinguistics contains two texts devoted to the development of legal linguistics, legal languages and legal translation and two papers on an institutional stratification of legal linguistics. It is a continuation of research published in the same journal (Special Issue no. 45 titled “The Evil Twins and Their Silent Otherness in Law and Legal Translation”) providing some insights into the problems of communication in legal settings.

Słowa kluczowe

  • legal linguistics
  • jurilinguistic
  • legal translation
  • legal language
Open Access

Conceptual Origins of Legal Linguistics

Data publikacji: 15 Nov 2021
Zakres stron: 17 - 56

Abstrakt

Abstract

This essay is a survey of methods applied and topics scrutinized in legal-linguistic studies. It starts with the elucidation of the epistemic interest that led to the emergence and to the subsequent expansion of the mainstream legal-linguistic knowledge that we dispose of today. Thus, the essay focuses upon the development of problem awareness in the emerging legal-linguistic studies as well as upon the results of research that might be perceived as the state of the art in the mainstream legal linguistics. Meanwhile, some methodologically innovative tilts and twists that enrich and inspire contemporary legal linguistics are considered as well. Essentially, this essay traces the conceptual landscape in which the paradigms of legal-linguistic studies came about. This conceptual landscape extends from the research into the isolated words of law and the style used by jurists to the scrutiny of legal texts and legal discourses in all their socio-linguistic complexity. Within this broad frame of reference, many achievements in legal-linguistic studies are mentioned in order to sketch the consequences of processes in which legal-linguistic paradigms take shape. The author concludes upon a vision of legal linguistics called pragmatic legal linguistics as the newest stage in the intellectual enterprise that aims to pierce the language of the law and by so doing to understand law better.

Słowa kluczowe

  • inquiries into the language of law
  • legal linguistics and its method
  • legal-linguistic topics
  • mainstream legal linguistics
  • future legal linguistics
Open Access

Direction-Asymmetric Equivalence in Legal Translation

Data publikacji: 15 Nov 2021
Zakres stron: 57 - 72

Abstrakt

Abstract

The concept of equivalence, despite the criticism it has received in the past decades, remains a useful framework for the study of correspondence between legal terms. In the present article, I address the question of direction-asymmetric equivalence in legal translation, i.e. equivalence that does not obey the “one-to-one” principle, and which usually implies that the translator’s decision-making is more difficult in one direction than in the other. This asymmetry may be triggered by intrinsic semantic characteristics of legal terms (synonymy and polysemy), by differences between legal systems (system-specific terms, the procedures used for their translation and their handling in lexicographic sources, competing legal systems, tension between cultural boundedness and neutrality), or by social factors (L1 vs. L2 translation). The instances of directional asymmetry discussed are illustrated with examples from French and Czech.

Słowa kluczowe

  • legal translation
  • legal terminology
  • equivalence
  • translation direction
  • French
  • Czech
  • languages with limited diffusion
Open Access

A Comparative Study of the Rhetorical Functions and Features of Personal Pronouns in English and Chinese Legal News

Data publikacji: 15 Nov 2021
Zakres stron: 73 - 103

Abstrakt

Abstract

This paper mainly discusses the distribution and rhetorical functions of personal pronouns in English and Chinese legal news reports which is divided into two narrative types, the objective and the semi-dialogic. Through the comparative analysis of some English and Chinese legal news texts in the two types, it finds that the differences in narrative type directly affect the distribution of personal pronouns. In objective narrative, the use of third person pronouns accounts for an absolute proportion, and the frequency of using first person and second person pronouns is close to zero. In semi-dialogic narrative, the use of third person pronouns is still the highest, but only slightly higher than the use of first person and second person pronouns, accounting for only a small number. After analysis, this paper holds that there are three reasons for the uneven distribution: first, the differences between the dialogic style and the narrative style; second, the legal narrative being a story narrative; third, the specific restrictions on the use of legal rhetoric.

Słowa kluczowe

  • Legal News
  • Personal Pronouns
  • Dialogic
  • Narrative
  • Rhetoric
Open Access

An Analysis of the “Right of Termination”, “Right of Cancellation” and “Right of Withdrawal” in off-Premises and Distance Contracts According to EU Directives

Data publikacji: 15 Nov 2021
Zakres stron: 105 - 133

Abstrakt

Abstract

Several are the European Directives dedicated to e-commerce, focussing on consumer rights, the distance marketing of consumer financial services and the protection of consumers indistance contracts.In contract law, the terms “termination”, “withdrawal”and “cancellation”have peculiar and distinct meaning. Nonetheless, they tend to be misused and applied interchangeably. This article will shed light on these relevant terms in thelight of EU Directives on the protection of consumer rights in off-premises and distance contracts.To do so, it will first present instances in which the meaningand use of these terms is either clear-cut or somehow blurred. By analysing word usage and meaning in context, it will explore how EU Directives, and EU drafters in general, made(un)ambiguous distinctions. Then, it will investigate whether English-speaking drafters (such as those of the pre-Brexit UK, Ireland and Malta) made a consistent use ofsuch terms. Finally, this paper will explore whether online conditions of sale writtenin English by non-English speaking sellers or traders (such as Italian and Polish) also make a consistent use of the terms.The paper findings highlight that the use andlegal purpose of these terms in European Directives have not been particularly consistent over the years. Furthermore, Member States’system-specificity has weighed on the meaning, application and scope of the terms. On the other hand, at EU level the absence of a unique legal system of reference and the challenges of harmonization may have created false equivalences.

Słowa kluczowe

  • e-commerce
  • consumer rights
  • legal terminology
  • near-synonyms
  • legal discourse
  • off-premises contracts

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