rss_2.0Law FeedSciendo RSS Feed for Lawhttps://www.sciendo.com/subject/LAhttps://www.sciendo.comLaw Feedhttps://www.sciendo.com/subjectImages/Law.jpg700700Can Corpus Consultation Compensate for the Lack of Knowledge in Legal Translation Training?https://sciendo.com/article/10.2478/cl-2021-0006<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+00:00Arabic Legal Phraseology in Positive Law and Jurisprudence: The Historical Influence of Translationhttps://sciendo.com/article/10.2478/cl-2021-0007<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+00:00Language- And Legal Culture Peculiarities in Selected Swiss Constitutional Acts Including a Translational Perspectivehttps://sciendo.com/article/10.2478/cl-2021-0009<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+00:00Linguistics Difficulties in Harmonisation of European Union Law: The Example of Directives on Procedural Guaranties in Criminal Mattershttps://sciendo.com/article/10.2478/cl-2021-0008<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+00:00Appointment as the Basis for Establishing an Employment Relationship in Local Government and the Regulations of the Labor Codehttps://sciendo.com/article/10.15290/bsp.2021.26.02.09ARTICLE2021-07-20T00:00:00.000+00:00Objective Reasons on the Part of the Employer as a Premise for Entering into an “Unlimited” Fixed-Term Employment Contracthttps://sciendo.com/article/10.15290/bsp.2021.26.02.11ARTICLE2021-07-20T00:00:00.000+00:00General Clauses in the Act on So-Called Collective Redundancieshttps://sciendo.com/article/10.15290/bsp.2021.26.02.07ARTICLE2021-07-20T00:00:00.000+00:00General Clauses that Define the Scope of Contractual Freedom in Concluded Settlements in Disputes Between the Employee and the Employerhttps://sciendo.com/article/10.15290/bsp.2021.26.02.03ARTICLE2021-07-20T00:00:00.000+00:00Current Perspectives Concerning the Autonomy of Will while Concluding a Fixed-Term Employment Law Relationshiphttps://sciendo.com/article/10.15290/bsp.2021.26.02.05ARTICLE2021-07-20T00:00:00.000+00:00The Constitutional Right to Fair Remuneration for Workhttps://sciendo.com/article/10.15290/bsp.2021.26.02.08ARTICLE2021-07-20T00:00:00.000+00:00The Terminal of Marriage in Czech Labor Codehttps://sciendo.com/article/10.15290/bsp.2021.26.02.04ARTICLE2021-07-20T00:00:00.000+00:00The Notion of “Worker” for the Purpose of EU Social Policy and its Interpretation by the Court of Justice of the European Unionhttps://sciendo.com/article/10.15290/bsp.2021.26.02.02ARTICLE2021-07-20T00:00:00.000+00:00The Evolution of the Notion of Disability in EU and Polish Labor Lawhttps://sciendo.com/article/10.15290/bsp.2021.26.02.13ARTICLE2021-07-20T00:00:00.000+00:00The Idea of the “General Clause” in American Labor Lawhttps://sciendo.com/article/10.15290/bsp.2021.26.02.01ARTICLE2021-07-20T00:00:00.000+00:00The Important Interest of the Service as an Optional Reason for Dismissal from Service in the Form of a General Clausehttps://sciendo.com/article/10.15290/bsp.2021.26.02.10ARTICLE2021-07-20T00:00:00.000+00:00Reinstatement to Work under Previous Conditions and the Right to Holiday Leave on the Basis of the Case Law of the Supreme Court and the Court of Justice of the European Unionhttps://sciendo.com/article/10.15290/bsp.2021.26.02.12ARTICLE2021-07-20T00:00:00.000+00:00Good Manners and the Prohibition on the Abuse of Rights in Slovak Labor Lawhttps://sciendo.com/article/10.15290/bsp.2021.26.02.06ARTICLE2021-07-20T00:00:00.000+00:00Internal Rate of Return on Investment in Higher Education in Europehttps://sciendo.com/article/10.2478/wrlae-2021-0010<abstract><title style='display:none'>Abstract</title><p>The study aims to update the well-settled issue in literature of rate of return on investment in higher education in Europe. The proposed approach slightly modifies the existing methodology based on the Mincer equation, using an updated set of data for the period 2014–2016 from the European Central Bank's ‘Household Finance and Consumption Survey’. The results obtained, ranging between 13% and 21%, are higher compared to historical records for the years 1996–2013. As for the microeconometric estimates of the Mincer-type equation, they are sound and comparable, although showing higher margins in relation to the recent figures. Thus, they may suggest an increasing trend in valuation and importance of human capital based on high school degree, especially for the Central–Eastern European Union countries, resulting probably from rapid economic and cultural convergence.</p></abstract>ARTICLE2021-09-09T00:00:00.000+00:00To Delegate or Redelegate: Is That the Question?https://sciendo.com/article/10.2478/bjals-2021-0003<abstract> <title style='display:none'>Abstract</title> <p>Conflicts between those supporting and opposing congressional redelegation to executive agencies go back to the earliest days of the Republic, but given the enormous development of the administrative state, now raise issues of great practical importance. The arguments back and forth implicate abstract notions of democracy, efficiency, and judicial power, though typically partisan and other self interested considerations actually drive the debate. The future is likely to see some retrenchment, but not wholesale rejection of redelegation, as the massive and unpredictable consequences would deter courts from acting.</p> </abstract>ARTICLE2021-05-18T00:00:00.000+00:00Prison Shipshttps://sciendo.com/article/10.2478/bjals-2021-0002<abstract> <title style='display:none'>Abstract</title> <p>In 2026, New York City plans to close the VERNON C. BAIN, America’s only currently-operating prison ship. Although prison ships have a long history, both in the United States and elsewhere, surprisingly little has been written about them. Accordingly, this article first provides a detailed overview of prison ships. It then surveys the U.S. case law generated by them.</p> </abstract>ARTICLE2021-08-09T00:00:00.000+00:00en-us-1