rss_2.0Comparative Legilinguistics FeedSciendo RSS Feed for Comparative Legilinguistics Legilinguistics 's Cover200300Language- And Legal Culture Peculiarities in Selected Swiss Constitutional Acts Including a Translational Perspective<abstract> <title style='display:none'>Abstract</title> <p>The subject of the analysis is linguaculture expressing linguistic and cultural differences occurring in every language of law. They relate to vocabulary and editing principles of law acts. It seems that preserving such differences in the target translation makes it possible to reveal specific legislation trends of a given country, which express political motivation. Their preservation in the translated text requires good knowledge of law and in-depth comparative analysis. The focus of the analysis in this text is on the expression of gender in the law texts and specifically, on the translation of feminatives and legal names relevant for cultural dimension of a given law system.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Can Corpus Consultation Compensate for the Lack of Knowledge in Legal Translation Training?<abstract> <title style='display:none'>Abstract</title> <p>It is generally assumed that a good knowledge of the legal field is a prerequisite to deliver legal translations. This paper will challenge this assumption by presenting a case study with third-year bachelor’s students who participated in a translation project. The students, enrolled in a course in translation practice, were trained in corpus consultation at the beginning of the academic year. Nearly at the end, they translated an extract of a supply contract without being trained in the legal field. They consulted a pre-compiled offline corpus and online bilingual dictionaries. The paper findings highlight that knowledge of the legal field would have certainly helped the students make more informed decisions and avoid some mistranslations. However, the major shortcomings were actually due to ineffective corpus or dictionary consultation. In particular, formulaic expressions and collocations were neglected. In light of the paper findings, it can be speculated that in translation training, effective corpus consultation may help users deliver high-quality legal translations. It also seemed that thorough knowledge of the legal field is not a prerequisite, at least as far as short texts are concerned.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Linguistics Difficulties in Harmonisation of European Union Law: The Example of Directives on Procedural Guaranties in Criminal Matters<abstract> <title style='display:none'>Abstract</title> <p>Multilingual writing of European directives is faced with a few linguistic difficulties, like choosing an appropriate legal terms. All linguistic versions shall reflect the same content event though the legal system of each Member State is different and some legal concept do not have an equivalent in other legal systems. In this way, legal writing of European Directive is a very complex subject both from legal and linguistic perspective. The aim of this article is to discuss different linguistics difficulties that could appear during the harmonisation of criminal proceedings in European Union, where multilingualism is a key value and to analyse the possible solutions, when dealing with those difficulties. It seems that even if multilingualism is a big challenge to European Union, it could have a positive influence on the quality of European legislation.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Arabic Legal Phraseology in Positive Law and Jurisprudence: The Historical Influence of Translation<abstract> <title style='display:none'>Abstract</title> <p>The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as <italic>legal maxims</italic>, are subjected to a comparative analysis and discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws is fully adapted to corresponding formulations in the Roman law, steming from a historical translation process that accompanied the codification movement in the beginning of the 20th century; secondly, to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.</p> </abstract>ARTICLE2021-06-12T00:00:00.000+00:00Plain-Language Approach in Legislative Drafting: A Perspective from Poland<abstract><title style='display:none'>Abstract</title><p>The purpose of this research is to explore plain-language postulates reflecting on legal drafting assumptions since legal acts should be precise, clear and express with no doubts the intention of the legislator. The aim of this project is to commence discussion about improving the clarity of Polish consumer law based on selected plain-language techniques. This article agrees that the aspiration to make the law comprehensible for all subjects is an idealistic postulate. Ultimately, despite this, legislators’ obligation is to make an effort to increase the intelligibility of legislation wherever it is possible.</p></abstract>ARTICLE2020-07-04T00:00:00.000+00:00Capitalising on Polish Translation Market Data in the Field of Commercial Law<abstract><title style='display:none'>Abstract</title><p>The author presents data gathered in an online survey questionnaire (<ext-link ext-link-type="uri" xmlns:xlink="" xlink:href=""></ext-link>) which is a part of a broader research project related to the quality of translation of English language documents in the field of commercial law that are processed in the judicial registration proceedings in reference to the entities subject to registration at the Register of Entrepreneurs of the National Court Register (RP, KRS). The questions and hypotheses posed by the author relate to the relationship or comparison of nation-wide data concerning cases with foreign element in the context of the documents in translation on file in the National Court Register (source texts and their certified translations).</p><p>The survey is the first stage of this project and has been ascribed a number of aims: allowing for a definition of the genre profile of the corpus texts; identifying the general sociologically conditioned tendencies in their structure; and – primarily – determining the practically feasible search criterion for compiling a design corpus for further quantitative and qualitative analysis of selected language structures (the ensuing stages of the said project).</p></abstract>ARTICLE2020-07-04T00:00:00.000+00:00Addressing the Needs of Lawyers in Legal English: A Comparative Study in Four European Union Countries<abstract><title style='display:none'>Abstract</title><p>The paper reports on a survey into the linguistic needs of law professionals in four European countries, with the aim of identifying their views on the importance and their use of foreign language skills as well as their preferences for ELP course content. The data, obtained from a questionnaire survey of 536 legal professionals from Poland, the Czech Republic, Croatia and Germany, show that while the respondents agree on many of the major points, there are also some differences conditioned by the respondents’ age and the specific tasks they perform in the legal profession. The article argues that these variables have to be taken into consideration in the LSP context because they determine some of the specific needs that need to be addressed in Legal English instruction. It is suggested that the findings about the lawyers’ self-perceived importance and preferred styles of learning are highly relevant for LSP practitioners, particularly when designing Legal English programmes and testing materials.</p></abstract>ARTICLE2020-07-04T00:00:00.000+00:00MLTI Education in China: Current Situation, Challenges and Countermeasures<abstract><title style='display:none'>Abstract</title><p>Based on the Guideline for MTI Training Program established by China National Committee for MTI (Master of Translation and Interpreting) Education, this research makes a successive survey on the status quo of master education of legal translators and interpreters from 2014-2016 to trace the changes and problems revealed in the five major universities of political science and law in China. By comparing and analyzing the information and facts collected on the training target, curriculum setting, teaching staff, platform construction, practical training as well as the employment in those five universities, the authors sort out the diversified advantages and features of the five law schools, and probe into the existing problems and difficulties in common. On the grounds of the survey and interview conducted by the authors in the recent years, the authors put forward the solutions and suggestions on the improvement and future development of Chinese MTI education.</p></abstract>ARTICLE2020-07-04T00:00:00.000+00:00The Web as Corpus and Online Corpora for Legal Translations<abstract><title style='display:none'>Abstract</title><p>Legal language is hallmarked by a pedantic and user-<italic>un</italic>friendly jargon whose constructs are all but intuitive, not to mention the legal system specificity which makes it unique in every country. Second language (L2) learners or scholars, hence, may find it difficult to understand the language of the law; whereas translators may consider legal lexical phrases and patterns rather intricate to deal with. The literature claims that a practical way to deepen language knowledge can be found in the Web considered as corpus and in online corpora. This paper is aimed at exploring whether commercial search engines, Web concordancers and online specialised corpora can tackle the issues revolving around legal language. In particular, it will investigate whether Google advanced search and the Leeds Web concordancer can be used to meet the requirements of legal language learners, scholars and translators. Furthermore, it will address legal language queries (and results) in an online specialised corpus: the COCA. This paper will provide instances of the soundness of the above-mentioned online resources, especially when used jointly as cross-analysis tools. The shortcomings of one can, in fact, be compensated for by the other(s).</p></abstract>ARTICLE2020-07-04T00:00:00.000+00:00Translation as a Catalyst in the Development of Modern Chinese Legal Language<p>This paper focuses on the translation of legal language and the development of modern Chinese legal language as a translated legal language. It first describes the historical contexts in which China underwent enormous and unprecedented social and political changes including changes to law in the late 1800s and early 1900s. It then discusses how translation played an important catalyst role in introducing Western law, legal practices, legal concepts and terminology in the emerging modern Chinese legal language as we know it today, and in the process, lent a helping hand in negotiating China’s transition to modernity through translation and creating a new legal language and legal system. It also considers the issues in translingual and cross-cultural communication and understanding translated Chinese legal language.</p>ARTICLE2021-03-01T00:00:00.000+00:00On the Forms and Thorns of Linguistic Indeterminacy in Chinese Law<p>This study addresses the different types and implications of linguistic indeterminacy in Chinese law. It firstly draws on the studies of scholars of different disciplines, such as linguistics and philosophy of language, to provide a taxonomy of indeterminacy in language. It then provides examples of each type, highlighting the implications in law and legal interpretation. It uses linguistic data from various texts, such as statutory laws and judgements, and analyses them with various methods, including discourse analysis and corpus linguistics. This study argues that when the language of the law is indeterminate, the legal outcomes may be particularly uncertain. It suggests that although it is difficult to ascertain whether the degree of indeterminacy is higher in some languages more than in others, some linguistic mechanisms at the word-formation level in Chinese, such as portmanteaus and the modifier-modified structure, are remarkably ambiguous. When uncertain terms are in key parts of the law, the consequences may be more serious. The study of linguistic indeterminacy in Chinese has implications for the study of forensic linguistics, and Chinese studies in general.</p>ARTICLE2021-03-01T00:00:00.000+00:00Reconceptualising the Third Space of Legal Translation: A Study of the Court of Justice of the European Union<p>This paper explores the concept of legal translation as a Third Space through the lens of the ‘multilingual’ Court of Justice of the European Union (ECJ). In many ways legal translation at that Court fits readily with the characterisation of translation as a Third Space. Due to complex internal production processes the ECJ produces texts which are undoubtedly hybrid in nature, and which exhibit distinctive features on a lexical and textual level marking them out as a product of cross-fertilisation of influences from source and target languages and legal cultures. Even the teleological approach taken towards legal reasoning at the ECJ occupies a space outside the strict confines of the texts involved. Both the processes and the product of the ECJ’s language system appear to bear all the hallmarks of translation as a Third Space. However, translation at the ECJ also challenges the concept of a Third Space. The prevailing definitions of translation as a Third Space fail to effectively conceptualise additional nuances of the specific nature of drafting and the complex nature of translation at the ECJ. This paper uses original empirical data to demonstrate that translation at the ECJ places constraints on the undefined, vague and fluid nature of the Third Space, warping the forces at work within that space. In this regard, rather than an amorphous space, the Third Space is better thought of as a determinate area which is delimited by elements of translation process which constrain it. This adapted framing of the Third Space can consequently be used to better understand and illustrate the dynamics at play in other areas of legal translation where the current concept of the Third Space is equally inadequate for encompassing the specific nature of translation practices which impact on that space-in-between.</p>ARTICLE2021-03-01T00:00:00.000+00:00Preface Abyss of Meaning or the Cauldron of Signs: Meaning and . Shakespeare as a Translator?<p>Sum of atoms or molecules that are the signs that the author of a text organizes in speech, the text contains meaning, in latency. To activate it, reveal it must be interpreted, whether or not the purpose is to translate it. When it comes to translating, the difficulties presented by the translation of normative texts are due in large part to the notional burden, the degree of “juridical status” of the message conveyed by the text and the cultural singularity revealed by its mode of writing. While the substance of a text is of paramount importance in its interpretation, the manner in which it is written and presented – its form – is far from negligible. Each way of saying carries its own, and participates in, the meaning. The approach defined for the translation, sourcing (least-cultural) or targeting (most-cultural), guides the meaning. That is when the final interpretation of the two versions of the instrumental text by the courts fulfils the canonical function of law and language: to say the law by determining the meaning of all or part of a text. Until then, the signs generating the speech and its meaning nested in this place of uncertainty that is the <italic>tertium quid</italic>, where rest, like the ingredients that the Sisters of Destiny (Macbeth) stir in their cauldron, the signs of where meaning will come out, an uncertain and precarious truth deduced by the original interpreter of the instrumental text, the translator, transcribed into the target text. Would Shakespeare provide an answer to the existential questions posed by the translator, when the spectre (Hamlet) and the witches (Macbeth), enigmatic oracles, answer the protagonists’ ontological questions about the meaning and direction of their lives? The bard indeed launches this injunction: <italic>keep law and form and due proportion</italic> in <italic>Richard II</italic> (3.4.43)! Will the translator follow him in each of these three directions?</p>ARTICLE2021-03-01T00:00:00.000+00:00Evaluation of Statutory Provisions Relating to the Profession of Sworn Translator in Poland. An Attempt at Summing-Up<p>The paper focuses on an evaluation of statutory provisions relating to the profession of sworn translator in Poland. The Act on the Profession of Sworn Translator and its associated statutory instruments have been in force since 27 January 2005. After more than 13 years of operation of this legal framework, it is worth summing up whether the legal solutions put forward by the Polish legislature make it easier to practice the profession of sworn translator. The author discusses, <italic>inter alia</italic>, the recommendations of the Panel for Review and Assessment of Operation of the Act on the Profession of Sworn Translator, formed on 21 July 2015 by the Minister of Justice, and the legislative changes proposed by translation experts in order to improve the status and financial situation of sworn translators. Moreover, he suggests several solutions which – in his opinion based on many years’ experience as a practising sworn translator and a certified translation theoretician – would greatly facilitate the work of sworn translators and would raise its quality.</p>ARTICLE2020-06-22T00:00:00.000+00:00Interpreting in Criminal Cases in Japan: Past, Present, and Future Prospects<p>In the extant literature in Japan, the description of criminal cases involving foreigners goes back to around the fifth century; however, detailed depictions of language problems requiring legal interpreters started to appear in the Edo period (1603–1868). The cases of an Italian missionary who entered Japan illegally in 1709 and the robbery of Ainu graves by British consular officers in 1865 presented communication difficulties between the interrogator and accused in criminal procedures. This is common even today. This paper introduces the history of legal interpreting with reference to high profile cases, and reviews changes in communication issues in criminal proceedings involving non-Japanese speaking defendants in modern Japan. It also presents prospects regarding the shift in attitude among legal practitioners toward legal interpreting against the backdrop of recent judicial reforms including the introduction of a lay judge system and visualisation of the investigation process.</p>ARTICLE2020-07-04T00:00:00.000+00:00Uniform or Pluricentric Legal Chinese? and Particular Features of Legal Language in Heikki E.S. Mattila’s Conception of Comparative Legal Linguistics Learning Models of Certified Legal Translators and Interpreters in China<p>Legal translation has played an important part in the contact between different people and countries in the history, and it is playing an even more significant role in the increasingly globalized world nowadays. This study uses case study method and the data analysis tool voyant to explore smart learning models of certified legal translators and interpreters that they are supposed to grasp. Through the analysis of the guiding case No. 75 of The Supreme People’s Court of The People’s Republic of China, the graphs show that the legal translator possesses some good competences, though there are some defects in the translation that fail to exhibit the integration of all the presupposed legal translational competences completely. The results find that the prerequisites about knowledge of comparative laws, legal languages and forensic linguistics are the external framework of smart learning models; and the legal translational language competence, legal translational knowledge structures, legal translational strategic competence and context of situation are the internal model. The whole model is multi-componential, interactive, dynamic and developed.</p>ARTICLE2020-07-04T00:00:00.000+00:00Preface