Aguilar Camacho, María del Carmen. 2010. "La terminología jurídica en la literatura francesa." [Legal terminology in French literature] Anales de Filología Francesa 18: 5-16.
ABSTRACT: This work tries to analyze the influence that historic and legal juncture has over Literature. Such influence becomes evident if we focus ourselves on two different aspects: first, the interest that the legal world has in literature and which is apparent in some French literary works, either fiction or real, which deals the legal themes and where we find its subsequent specific terminology; second, the interest of the government’s authority for controlling the style and the fond of every written text independently of its nature, ordering a severe control over the literary production. So, the work is based on the analysis of both, a several literary French works and the most relevant rules on literary documents.
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Al Shehab, Mohammad. 2013. "The Translatability of English Legal Sentences into Arabic by Using Google Translation." International Journal of English Language and Linguistics Research 1 (3): 18-31.
ABSTRACT: Legal translation is a type of translation for legal terms and documents from a source language (SL) into a target language (TL). Moreover, it is also a translation from one legal system into another. It involves all the legal texts that are used in different legal settings; in courts, legal reports, contracts, etc. This paper aimed at examining the translatability of Google Translation (GT) for a test of six English Legal Articles or sentences (ELAs) into Arabic. For the validity of the Articles, they were translated into Arabic by two professionals at the Jordanian universities. These ELAs were entered into Google to be translated into Arabic. Qualitative analysis was placed to investigate the translatability of GT for legal sentences in comparing with human translation. In the light of the results a number of recommendations and suggestions for further research were set up.
internal-pdf://0945117102/Al Shehab-2013-The Translatability of English.pdf.
Alamany i Sesé, Raimon. 1983. "A dia cert / sabut / adiat." Revista de Llengua i Dret 1 27-33.
internal-pdf://1776808908/Alamany i Sesé-1983-A dia cert _ sabut _ adiat.pdf.
Alwazna, Rafat Y. 2013. "Testing the Precision of Legal Translation: The Case of Translating Islamic Legal Terms into English." International Journal for the Semiotics of Law 26 (4): 897-907. https://doi.org/10.1007/s11196-013-9331-z.
ABSTRACT: Legal translation is viewed as “a category in its own right” (Weston in An English reader’s guide to the French legal system. Berg, Oxford, (1991, p. 2). It is a kind of translation of the language used for specific purposes (Zhao in J Transl Stud 4:28, 2000). Legal translation requires accuracy in relaying the substance of the message, while respecting the form thereof as well as the genius of the target language (Zhao in J Transl Stud 4:19, 2000; Sarcevic in New approach to legal translation. Kluwer Law International, Hague, 1997, p. 52). As generally accepted worldwide, precision is deemed of paramount importance in legal translation. With this in mind, the present paper deals chiefly with the concept of how legal translation can correctly be tested in order to ensure precision and validity for application and implementation. The paper will argue that the main goal of legal translation and the major criterion against which the precision of legal translation should be tested is to reproduce the same legal effect in the target text as that conveyed in the source text regardless of the method(s) used in the translation process.
internal-pdf://3422857286/Alwazna-2013-Testing the Precision of Legal Tr.pdf.
Alwazna, Rafat Y. 2019. "Translation and Legal Terminology: Techniques for Coping with the Untranslatability of Legal Terms between Arabic and English." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 32 (1): 75-94. https://doi.org/10.1007/s11196-018-9580-y. https://link.springer.com/content/pdf/10.1007/s11196-018-9580-y.pdf.
ABSTRACT: The issue of untranslatability of legal terms, particularly between originally unrelated languages, like legal Arabic and legal English, has long been a real challenge in legal translation. It stems from the conceptual incongruency between legal terms of different legal languages, which are derived from different legal cultures and legal systems. Such conceptual asymmetry is owing to the fact that law has no universal reference and that legal language is what determines the degree of difference in conceptual correspondence. The present paper argues that although conceptual asymmetry, which is the main reason for the issue of untranslatability of legal terms, cannot be denied in legal translation, there exist certain translation techniques which, if properly adopted, would resolve the issue of untranslatability of legal terms and therefore achieve acceptable legal translation. Such translation techniques are primarily controlled by legal, cultural and linguistic criteria that stand as a basis for choosing the appropriate technique(s) in Arabic-English legal translation.
internal-pdf://3006967408/Alwazna-2019-Translation and Legal Terminology.pdf.
Andrés Santos, Francisco Javier. 2006. "Algunos problemas de traducción de la terminología jurídica romana en el Imperio Bizantino." Minerva: Revista de filología clásica (19): 285-296.
ABSTRACT: This paper refers to the history of the Greek translations of Latin legal texts in the Byzantine Empire and examines some problems and controversies caused by a Latin law being in force in a Greek speaking territory, especially between the 6th and 10th centuries.
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Ares Licer, Elisabete. 2013. "Paratradução jurídica entre o português e o espanhol: O sistema judiciário e administrativo brasileiro." Viceversa: revista galega de traducción (19): 303-334.
ABSTRACT: This work proposes organising and classifying the Brazilian legal and administrative system, which will then be compared to the equivalent Spanish and Portuguese systems in Europe. The results of said comparison will become a knowledge base for translators who specialise in this field. The legal and administrative system of each country will be divided into three elements: legal bodies, the legal profession and legal documents. The duties, powers and jurisdiction of each element will then be established. Once the systems are categorised, equivalence methodology for legal and administrative terminology will be applied based on the concept of translation and paratranslation expounded by the Translation and Paratranslation (T&P) research group at the Universidade de Vigo. These three legal and administrative systems share a common root: a Romano-Germanic code-based legal system, as against the common law system of precedent. However, throughout the legislative, legal and executive history of Brazil, Spain and Portugal, these codes have changed according to customary law. Translators must therefore define the role of each element within a given system so that they can determine the equivalence between the systems. Note that legal equivalence is not the same as linguistic equivalence.
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Argüeso González, Antonio. 1995. "Traducción y terminología: un complemento indispensable en la versión del lenguaje juríico." In V Encuentros Complutenses sobre la Traducción, 473-482. Madrid: Editorial Complutense.
Atabekova, A., and F. Uslu. 2020. "Food Metaphor in Legal Terminology: Challenges for Perception, Solutions for Interpretation in Multilingual Professional Settings." In 7th International Conference on Education and Social Sciences, 1057-1063. Istanbul: Int Organization Center Acad Research.
ABSTRACT: The paper explores the domain of food-based metaphor use in legal terminology and issues related its correct rendering into another language. The correctness is considered in the paper in line with such cornerstone translation studies categories as equivalence and adequacy. However, the need to balance and adapt the legal information to another country legal culture, legislation and proceedings runs through the text like a red thread. The goal of the study comprises two interdependent objectives, namely to identify interdisciplinary grounds for food metaphor-based terminology interpretation in administrative legal settings and to specify possible protocols for such interpretation within multilingual communication in legal settings, as well. The materials for theoretical analysis covered academic papers. The data for empirical studies included the USA and UK administrative-legal sources, academic papers on legal cases, and samples of mass -media communication in the administrative-legal field, monolingual and bilingual dictionaries and encyclopaedias. The methodology exploited qualitative approach to data analysis, rested on ground theory and inductive method as no substantial theoretical data has been found on the topic under study so far. The empirical analysis incorporated legal analysis of the concepts and their interpretation, the cognitive-frames based comparative analysis of the concepts in different national legal cultures, the investigation of language structure, namely syntax, morphology, orthography, linguistic and extralinguistic contexts, etymology data. The investigation rested on case study techniques.
Bajcic, Martina. 2011. "Conceptualization of Legal Terms in Different Fields of Law: The Need for a Transparent Terminological Approach." Research in Language: 81-93.
internal-pdf://0755526127/Bajcic-2011-Conceptualization of Legal Terms i.pdf.
Bajcic, Martina. 2020. "Linguistic Comparison within CJEU's Decision-Making: A Debunking Exercise." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique. https://doi.org/10.1007/s11196-020-09751-4.
ABSTRACT: It has long been noticed that there is no predetermined meaning of legal terms. Rather, meaning depends on the context and the interpreter (Engberg in Brook J Int Law 29:1135, 2003. fittps://brooklynvvorks.brooklavv.edthrbidtvol29/iss3/6). While this assertion holds true for both unilingual and multilingual legal environments, the Court of Justice of the European Union (hereinafter: CJEU) openly acknowledges it, by stating that no legal consequences can be based on the terminology used. Accordingly, by virtue of the principle of equal authenticity, when interpreting EU law courts cannot rely on a single language version. Adjudicating legal disputes involving linguistic matters in a multilingual environment-i.e. cases of discrepancies between different language versions of an EU legislative text-the CJEU has been given a fascinating role insofar as its interpretative moves include linguistic comparison, which in turn bears ramifications on uniformity and equal authenticity, as well as on effectiveness of EU law. With a view to unmasking the nature of the linguistic comparison carried out by the CJEU, this study examines settled case law, asking the following questions: What are the central moves of linguistic comparison? What role does it play in the process of CJEU's decision-making? Has it changed over time?
internal-pdf://3582701835/Bajcic-2020-Linguistic Comparison within CJEU'.pdf.
Baker, Mona. 2020. "Rehumanizing the migrant: the translated past as a resource for refashioning the contemporary discourse of the (radical) left." Palgrave Communications 6. https://doi.org/10.1057/s41599-019-0386-7. https://www.nature.com/articles/s41599-019-0386-7.pdf.
ABSTRACT: This study examines conceptions of outsiders to the polity, focusing on the lexical items migrant(s), refugee(s), and exile(s) in both internet- and print-based sources. Drawing primarily on a subsection of the Genealogies Internet Corpus consisting of left-wing sources, I argue that left-wing politics is currently caught up in the rhetoric of the right and of mainstream institutions in society, largely reproducing the same discursive patterns even as it sets out to challenge them. Dominant patterns in left-wing Internet sources reveal, for example, that the economic migrant vs. political refugee distinction enforced by mainstream institutions remains largely intact, that the assumption of a "refugee crisis" unfolding in Europe is accepted at face value, and that the left is entangled in the same politics of labeling imposed by the right, reproducing designations such as "undocumented migrants" uncritically. Refugees and migrants, moreover, are represented as victims with no agency, are discussed in legal terms that serve to dehumanize them, and are repeatedly "quantified" as a homogenous and potentially problematic category. Acknowledging the contagious nature of dominant discourses and the difficulty of finding an alternative language with which to argue against established institutional rhetoric, the study further explores historical models that appear more consistent with the values espoused by left-wing politics today. It examines a subcorpus of modern English translations of ancient Greek texts such as Thucydides' The Peloponnesian War and Herodotus's Histories to demonstrate the viability of adopting a different conceptualization of refugees and other outsiders to the polity that may be drawn from classical antiquity-and/or from nineteenth- and early twentieth-century receptions of texts originating in classical antiquity-and the possibility of developing an alternative discourse with which to speak about migrants in the present.
internal-pdf://3617317658/Baker-2020-Rehumanizing the migrant_ the trans.pdf.
Baklazhenko, Yuliia. 2021. "Ukrainian - English Translation of Legal Terms: A Case Study of Insignificant Cases and Small Claims." Access to Justice in Eastern Europe (1): 232-242. https://doi.org/10.33327/AJEE-18-4.1-n000055.
ABSTRACT: The article is devoted to the problem of translating legal terms from Ukrainian into English on the basis of a case study of a newly-coined term in Ukrainian legislation - 'maloznachna sprava'. The relevance of the topic of legal translation from English into Ukrainian and vice versa has become especially acute in light of the Ukraine-EU approximation agreement. The author emphasises the necessity to perform concept analysis between the terms in the EU and Ukraine simplified procedures and comes to the conclusion that despite having surface similarity to the EU term 'small claim', the Ukrainian term `maloznachna sprava' is, in fact, a much wider concept. A range of translations of legal neologisms are described in the article, and the need to use a literal translation of the term is substantiated. As a result of the analysis of possible translation options and the ECtHR translation precedent, it is recommended that the term ' maloznachna sprava' should be translated as 'insignificant case' within the sphere of Ukrainian civil procedure.
internal-pdf://3211441202/Baklazhenko-2021-Ukrainian - English Translati.pdf.
Balañà Abadia, Pere. 1988. "Recull bàsic de terminologia jurídica catalano-aràbiga." Revista de Llengua i Dret 11: 137-156.
internal-pdf://2383132787/Balañà Abadia-1988-Recull bàsic de terminologi.pdf.
Benmaman, Virginia. 1990. "Towards standardization of legal terminology: The search for appropriate linguistic/conceptual equivalents." In Proceedings of the Northeast Conference on Legal Interpretation and Translation, edited by Angela M Aguirre, 75-81. Jersey: Consortium on Legal Interpretation & Translation.
Benmaman, Virginia, and Norma C Connolly. 1989. "Towards Standardization of Legal Terminology: The First Major Step." In Coming of Age: Proceedings of the 30th Annual Conference of the American Translators Association, edited by Deanna Lindberg Hammond, 23-32. Medford, NJ: Learned Information.
Bergeron, Gilles. 2002. "L’interprétation en milieu judiciaire." Meta: Journal des traducteurs 47 (2): 225-232. https://doi.org/10.7202/008011ar.
ABSTRACT: The right to the services of an interpreter within the framework of court procedures is enshrined in both the Canadian and the Quebec Charter of Rights, and therefore, constitutes an important element in the administration of justice in Canada. The courts have interpreted the provisions of these Charters and have developed standards of interpretation with which we are faced and of which application is not without problems. Certainly, this constitutional right does not affect all regions in the same way. For example, the Montréal region has a multiethnic character all its own, as 90% of all immigrants who settle in Quebec live here. This cultural diversity, which characterizes the region, will necessarily affect the judicial services offered. The combined evolution of these rights, norms, and sociocultural realities therefore represent, for a court such as Montreal's, a constant challenge within the framework of a sound administration of justice.
internal-pdf://1559857245/Bergeron-2002-L’interprétation en milieu judic.pdf.
Bergmans, B. 1987. "L’enseignement d’une terminologie juridique étrangère comme mode d’approche du droit comparé: l’exemple de l’allemand." Revue internationale de droit comparé 1: 90-110.
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Bestué, Carmen. 2008. "El método comparativo en la traducción de textos jurídicos. Úsese con precaución." [The comparatist method in legal translation. Caution is advised] Sendebar 19: 199-212.
ABSTRACT: This study is based on the premise that comparative law is an indispensable tool for legal translation and vice versa; that is to say, the two disciplines feed on each other. In fact, translation plays a fundamental role in transferring legal terms from one legal system to another. Indeed, it is increasingly common to see binding contracts that are mere translations of originals drafted in English, thus originating what we consider to be a hybrid legal genre. In this article, we analyse how legal experts use English legal vocabulary in their comparative studies. In the process, we derive certain principles which may be applied to specialised legal translation.
internal-pdf://0711645629/Bestué Salinas-2008-El método comparativo en l.pdf.
Bestué, Carmen. 2009. "La traducción de términos jurídicos en el ámbito internacional." Babel: Revue internationale de la traduction/International Journal of Translation 55: 244-262. https://doi.org/10.1075/babel.55.3.03bes.
internal-pdf://2379086069/Bestué-2009-La traducción de términos jurídico.pdf.
Bestué, Carmen. 2016. "La variación terminológica de los conceptos del derecho de sociedades y sus estrategias de traducción." Revista de llengua i dret (65): 18-35.
ABSTRACT: This paper analyses the variation in terminology for the concepts of company law from a descriptive and comparative perspective, taking as a reference the legal terms used in Spain, Mexico and Peru, in the case of Spanish, and England and Wales and the United States for English. The aim is to highlight the diatopic varieties in this area, which are related to the conceptual and terminological diversity that arises from the different legal systems. The approach is pragmatic so we have selected the most common documents in this field to make specific translation proposals.
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Biel, Łucja. 2008. "Legal terminology in translation practice: dictionaries, googling or discussion forums?" SKASE Journal of Translation and Inerpretation 3: 22-38.
ABSTRACT: The article discusses terminology mining on a small scale as used by legal freelance translators in practice, and recent developments in this area. Major properties of legal terms are discussed from the Cognitive Linguistics perspective where terms are seen as prompts that activate background knowledge structures. Next various resources are presented, including the most traditional ones, i.e. dictionaries, to more recent online and electronic resources such as googling, and discussion forums. Their major advantage is reduction of search time, increased functionality of translation and insight into how other translators have tackled a similar terminological problem before (established equivalents).
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Biel, Łucja. 2010. "Corpus-Based Studies of Legal Language for Translation Purposes: Methodological and Practical Potential." In Reconceptualizing LSP. Online Proceedings of the XVII European LSP Symposium 2009, edited by Carmen Heine and Jan Engberg, 1-15. Aarhus: Aarhus Online.
ABSTRACT: The introduction of electronic corpora to linguistics has been compared to the introduction of telescopes in astronomy (Stubbs 2004: 107). Indeed, the use of computers in language studies was inevitable. Corpus-based and corpus-driven studies of language have become a mainstream methodology used in many branches of linguistics. Since the 1990s they have also been applied in translation studies, yet relatively seldom in research on specialised translation, in particular legal translation. The aim of this paper is to demonstrate the potential of corpus-based studies as a methodology for researching legal translation and as a tool in translator training.
internal-pdf://1376710045/Biel-2010-Corpus-Based Studies of Legal Langua.pdf
Biel, Łucja, Agnieszka Biernacka, Anna Jopek Bosiacka, Silvia Marino, Łucja Biel, Martina Bajčić, and Vilelmini Sosoni. 2018. "Collocations of Terms in EU Competition Law: a Corpus Analysis of EU English Collocations." In Language and Law: the Role of Language and Translation in EU Competition Law, 249-274. Cham, Suiza: Springer.
ABSTRACT: The objective of this chapter is, first, to identify key terms in EU Competition Law in English and, secondly, to identify and examine their collocational environment via the corpus methodology. The first part of the chapter presents a theoretical background on EU English as a supranational variety of English due to the increased mediation of content through translators and non-native English-speaking authors. The chapter next discusses the role of collocations, focusing on collocations of legal terms and collocations in EU English. Section 4 describes the EU Competition Corpus (1.5 million words), comprised of EU legislation, case law and “praxis” documents on Competition Law. The corpus was used to extract term-node candidates (103 terms). Their collocational environment was analysed through words sketches and concordances in Sketch Engine and WordSmith. The analysis has focused on the following aspects of collocations: semantic prosodies, collocational ranges (combinatory potential), derivational productivity, international prefixes, Latinisms, premodification by –ing and –ed participles, adjectives with negative connotations, deverbal and deadjectival nouns and an atypical grammatical behaviour of certain patterns. Last but not least, the chapter draws attention to a high variation of terminology and phraseology at various levels, which contributes to the hybridity of EU English
Biel, Łucja, and Dariusz Koźbiał. 2020. "How do translators handle (near-) synonymous legal terms? A mixed-genre parallel corpus study into the variation of EU English-Polish competition law terminology." Estudios de Traducción 10: 69-90. https://doi.org/10.5209/estr.68054.
ABSTRACT: Terminological variation, i.e. synonymy at the term level, is regarded as a recurrent problem in EU law. Working with a parallel-comparable corpus of EU English-Polish legislation, soft law and judgments in the area of competition, this study explores how source-language synonymy is handled in translation across institutional genres. The findings show that synonyms may be reflected symmetrically or asymmetrically, with variation being eliminated, partly reduced, mirrored, or increased in translation. It is quite frequent for translators to introduce additional variation and cross-variation. This is affected by: genre, source and target asymmetries, complexity of a semantic field, low termness and microdiachronic shifts. The study confirms that synonymy is one of the causes of variation in transla- tion and calls for more conceptual clarity at the drafting stage.
internal-pdf://3172685187/Biel-2020-How do translators handle (near-) sy.pdf.
Biel, Lucja, and Dariusz Kozbial. 2020. "How do translators handle (near-) synonymous legal teiins? A mixed-genre parallel corpus study into the variation of EU English-Polish competition law terminology." Estudios De Traduccion 10: 69-90. https://doi.org/10.5209/estr.68054. https://revistas.ucm.es/index.php/ESTR/article/download/68054/4564456554867.
ABSTRACT: Terminological variation, i.e. synonymy at the term level, is regarded as a recurrent problem in EU law. Working with a parallel-comparable corpus of EU English-Polish legislation, soft law and judgments in the area of competition, this study explores how source-language synonymy is handled in translation across institutional genres. The findings show that synonyms may be reflected symmetrically or asymmetrically, with variation being eliminated, partly reduced, mirrored, or increased in translation. It is quite frequent for translators to introduce additional variation and cross-variation. This is affected by: genre, source and target asymmetries, complexity of a semantic field, low termness and microdiachronic shifts. The study confirms that synonymy is one of the causes of variation in translation and calls for more conceptual clarity at the drafting stage.
internal-pdf://0628174329/Biel-2020-How do translators handle (near-) sy.pdf.
Biel, Łucja, and Karine McLaren. 2015. "Legislative bilingualism as a special case of legal translation." The Journal of Specialised Translation 23.
ABSTRACT: Łucja Biel interviews Karine McLaren, Director of the Centre de traduction et de terminologie juridiques (CTTJ), Université de Moncton, Canada
internal-pdf://3824894814/Biel-2015-Legislative bilingualism as a specia.pdf.
Binder, Claus. 2001. "A Lack of Language - Waging War or Combatting Crime? The Blurred Rule of International Law in the Face of the Attacks of September 11, 2001." German Law Journal 2 (17): 7.
ABSTRACT: "War is directed against those who cannot be held in check by judicial process."(*) (1) [1] After the terrorists' attacks of September 11, 2001, a lot of war rhetoric came out of the public and private sphere within the United States of America. On October 7, 2001, however, the rhetoric turned into reality as President George W. Bush countered the terrorist attacks and the threat of future terrorism with military means. While waging that new war U.S. governmental officials constantly make one important point, and that is that the United States are just exercising their right of self-defense. Moreover, on the day after the attacks, the Security Council of the United Nations unanimously reaffirmed the inherent right of self-defense as recognized by the Charter of the United Nations.(2) Does that mean that international law is just that clear? [2] According to Bruno Simma, a professor of International Law at the University of Munich, who was interviewed by the Süddeutsche Zeitung after the attacks, the answer seems to be "yes."
internal-pdf://3172685649/Binder-2001-A Lack of Language ? Waging War or.pdf.
Bover, Jordi, and Rosa Colomer. 2007. "Terminologia jurídica: eines i recursos." Papers Lextra 3: 41-53.
internal-pdf://4146382381/Bover-2007-Terminologia jurídica_ eines i recu.pdf.
Brannan, James. 2013. "Coming to Terms with the Supranational: Translating for the European Court of Human Rights." International Journal for the Semiotics of Law 26 (4): 909-925. https://doi.org/10.1007/s11196-013-9320-2.
ABSTRACT: Translators at the European Court of Human Rights, as at other inter- national courts, have to deal with two different types of legal terminology in judgments and decisions: on the one hand, terms that would be used by a national practitioner in the relevant language, and on the other, the supranational language that has evolved in general international law or that is specific to the Court itself, being enshrined in its basic texts or case-law. The choice of translation will often be imposed by the source text, which may be a constraint; extensive knowledge of the Court’s autonomous terms and other ‘‘linguistic precedent’’ is vital if they are to be used accurately and consistently. The task of devising and using supranational terms to encompass domestic realities in as many as 47 States is not only that of the drafter; the linguist also has a crucial role to play in conveying the Court’s message in a culture-neutral manner.
internal-pdf://3829175996/Brannan-2013-Coming to Terms with the Supranat.pdf.
Broekman, Jan M. 2010. "Face to Face (II): Semiotics of Interactivity." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 23 (1): 41-48. https://doi.org/10.1007/s11196-009-9129-1.
ABSTRACT: Faces challenge the sender-receiver model as the major scheme of thought for appropriately understanding interaction between human individuals. The openness and indeterminacy of faces lead to establish a semiotically relevant distinction between interaction and interactivity. The latter is our proposed articulation of the dynamic energy that thrives through the existence of signs and the uses of a semiotics. Facial expressions sustain and express the vital dynamism of making meaning in life. This often occurs at a bewildering distance to legal life and discourses established by legal terminologies.
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Brunet, P. 1992. "Legal Terminology - French - Cornu,G." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 5 (13): 104-106.
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Cairns, John. 1993. "Centre de Traduction et de Terminologie Juridiques: Ecole de droit, Université de Moncton." Babel 39 (3): 187-188. https://doi.org/10.1075/babel.39.3.14cai.
internal-pdf://0038649710/Cairns-1993-Centre de Traduction et de Termino.pdf.
Cao, Deborah. 2002. "Finding the Elusive Equivalents in Chinese/English Legal Translation." Babel: Revue internationale de la traduction/International Journal of Translation 48: 330-341. https://doi.org/http://ejournals.ebsco.com/direct.asp?ArticleID=UE32HHXUCUP38GTNX0CK.
ABSTRACT: This paper investigates one aspect of legal translation between English and Chinese, the lexical equivalence and non-equivalence that often present special challenges to Chinese/ English translators. It identifies three lexical features and discusses the meanings, equivalents and translation strategies associated with them. The paper suggests the essential requirements for translational competence of a legal translator and argues that, in legal translation, it is essential to consider the contextual factors and pragmatic effects of legal usage in both the SL and TL and to strive to achieve the optimal communicative results given the relative nature of equivalence and the difficulties in cross-cultural and cross-jurisdictional communication. This may also have implications for the training of legal translators in basic knowledge of the relevant legal systems and legal languages, apart from the general translation skills required.
internal-pdf://1374344028/Cao-2002-Finding the Elusive Equivalents in Ch.pdf.
Capellas-Espuny, Gemma. 1999. "The Problem of Terminological Equivalence in International Maritime Law: the case of hypothèque and mortgage in the document Final Act and International Convention on Maritime Liens and Mortgages." Translation Journal 3.
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Casademont Caixàs, Elisabeth, and María Navas Jara. 2016. "El portal Terminologia jurídica." Llengua i ús: revista tècnica de política lingüística (58).
ABSTRACT: El 10 de desembre de 2015 es va fer públic el portal Terminologia jurídica, un punt de trobada web, impulsat pel Centre de Terminologia TERMCAT, per donar a conèixer l’activitat del Comitè Terminològic de Dret, facilitar la consulta dels recursos lingüístics i terminològics en català que poden resultar d’interès per als professionals d’aquest àmbit d’especialitat, i articular un espai interactiu de consultes i suggeriments.
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Casademont, Elisabeth, and Apel·les Carod. 2017. "El Comitè Terminològic de Dret i el portal Terminologia jurídica: recursos de consens per a l’accés a la justícia en català." In Les llengües minoritzades en l’ordre postmonolingüe / Minoritized languages under a postmonolingual order / Las lenguas minorizadas en el orden posmonolingüe, edited by Esther Monzó Nebot and Juan Jiménez Salcedo, 235-252. Castelló de la Plana: Universitat Jaume I.
ABSTRACT: The Committee on Legal Terminology and the Terminologia jurídica (legal terminology) website have been created with the aim of developing tools and terminology resources in Catalan and contributing to ensuring access to justice in this language. Unfortunately, the use of Catalan in the Administration of justice is still limited and it must be promoted by institutions and using different means. Both the Committee and the website have been driven by TERMCAT with the support of institutions, professional entities and universities. The Committee on Legal Terminology is an established group of experts entrusted to promote the development of Catalan terminology in the legal field. Two different professional profiles were selected: on the one hand, experts in law, and, on the other, linguists and terminologists. Their joint efforts guarantee quality results. The Catalan Lawyer’s Council edits content for the website and is also a member of the Committee, providing legal knowledge and information about the use of legal terms. Terminologia jurídica is a public website that gathers a wide range of linguistic resources for users of legal terminology, such as legal professionals and translators.
internal-pdf://4129656529/Casademont-2017-El Comitè Terminològic de Dret.pdf
Cazan, Olga. 2009. "Procedeele de formare a terminologiei juridice românesti." Ianua. Revista Philologica Romanica (9): 213-227.
ABSTRACT: In this article, we aim at analysing and classifying the Romanian legal terminology (based on examples of international criminal law terminology) according to the methods of creation. We have tried to discover what kind of methods of creation in this area are. Thus, we have observed that most terms, having neology base, are coined words from French. The influence of French language favoured, in the Romanian legal terminology, the development of derivation by adapting an inventory of neology affixes and affixoides from classic languages. Also, we have noted that the terminology expressions, especially bi-member ones, are more numerous than simple derivative terms. The quantity of legal compound terms allows us to affirm, without fail, that the method of compounding is more productive in the legal terminology than in other specialized terminology.
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Chan, Clara Ho-yan. 2011. "The use and translation of Chinese legal terminology in the property laws of mainland China and Hong Kong: Problems, strategies and future development." Terminology 17 (2): 249-273. https://doi.org/10.1075/term.17.2.10cha.
ABSTRACT: The paramount importance of ‘equivalence’ of terms in legal translation raises challenging issues for Chinese, in that legal terminology in mainland China differs from that of Hong Kong due to the separate legal systems maintained under ‘One country, two systems’. With the more frequent interaction between the two regions since the handover in 1997, Chinese legal terminology has been undergoing transformation as China also aims to globalize its legal system by introducing legal concepts from other countries and adapting them to work within the confines of local culture (Potter 2001: 4–15). There is, therefore, a great need for systematic study of the Chinese legal terms of the two regions to clarify confusion between similar terms and cast light on the overall trends. This study focuses on the Property Law of the People’s Republic of China promul- gated in October 2007 in order to safeguard state and private property, as part of an ongoing effort to develop a civil code under the globalizing trend of integra- tion. I chose this case study because the use of terms in the new property law and their contrast with the usage in Hong Kong law are highly representative of the latest developments. The present state of affairs is that no overall strate- gies have been formulated with regard to English-Chinese and Chinese-English legal term translation. As a result, there are problematic cases, but most of these remain untouched by linguists and translation scholars. In my conclusion, I attempt to measure the equivalence of terminology, in order to shed light on future directions in the translation of Chinese and Hong Kong legislature. I also make suggestions regarding the differentiation and standardization of terms commonly used in the property laws of the mainland and Hong Kong, and their translations.
internal-pdf://2855384594/Chan-2011-The use and translation of Chinese l.pdf.
Chiesa, Ricardo. 1996. "Rigurosidad del léxico jurídico." Voces: revista del Colegio de Traductores Públicos de la Ciudad de Buenos Aires: 19-24.
ABSTRACT: El traductor Ricardo Chiesa propone una delimitación clara entre el concepto de especificidad y el de rigurosidad, considerando a la especificidad una característica de los términos y la rigurosidad, una propiedad del uso que de esos términos se hace. Texto presentado en la mesa redonda sobre Léxico Jurídico que tuvo lugar durante la "Jornada de Traductores Públicos" organizada por la XXII Feria del LIbro.
internal-pdf://0598322544/Chiesa-1996-Rigurosidad del léxico jurídico.pdf.
Chiocchetti, Elena, and Natascia Ralli. 2011. "Legal Terminology and Lesser Used Languages: The Case of Mòcheno." Research in Language 9 (1). https://doi.org/10.2478/v10015-011-0003-3.
ABSTRACT: The article aims at outlining the specific problems connected with the elaboration of legal and administrative terminology in a lesser used language and illustrating the methods and tools proposed considering the knowledge and competences to be conveyed. Since 2003 the Institute for Specialised Communication and Multilingualism of the European Academy of Bolzano (EURAC) offers education courses in legal terminology work, coupled with introductions in related/complementary disciplines, e.g. documentation, specialised translation and technical writing. Next to professional trainings, the Institute held also ad-hoc courses, such as a two-day course organised in 2008 for the Mòcheni, a Germanic minority living in the Italian Province of Trento. Since the passing of provincial law no. 6/2008, which foresees specific measures for the protection and promotion of local language minorities, the Mòcheno-speaking community has the right to use their language in all situations of social, economic and administrative life in both oral and written communications. Notwithstanding the recent compilation of a standard grammar, the Mòcheno language is not yet developed for the use in technical and specialised contexts. Indeed, the most urgent needs seem to exist in the translation of administrative terminology.
internal-pdf://2104001379/Chiocchetti-2011-Legal Terminology and Lesser.pdf.
Chiocchetti, Elena, Tanja Wissik, Vesna Lušicky, and Michael Wetzel. 2017. "Quality assurance in multilingual legal terminological databases." The Journal of Specialised Translation 27: 164-188.
ABSTRACT: In addition to several other factors, terminology and terminology management are perceived to be important elements of the quality assurance (QA) system of document production, translation, and multilingual lawmaking. This implies that quality in translation, including legal translation, partly depends on the quality of terminology found in terminological databases (TDBs). In order to use terminology as a QA tool, the quality of TDBs has to be ensured. In this paper, we discuss the relevance of legal TDBs for translation quality and propose a QA framework for multilingual legal TDBs based on a comprehensive approach, which includes QA at workflow level, at product level, and at staff level. For each of this three aspects we address the main features to be implemented — and how they should be implemented — to successfully achieve and maintain high quality of multilingual legal TDBs. Our comprehensive approach to QA therefore considers persons, processes, products and services as well as dedicated tools.
internal-pdf://2508745098/Chiocchetti-2017-Quality assurance in multilin.pdf.
Chromá, Marta. 2011. "Synonymy and Polysemy in Legal Terminology and Their Applications to Bilingual and Bijural Translation." Research in Language 9 (1). https://doi.org/10.2478/v10015-011-0004-2.
ABSTRACT: The paper focuses on synonymy and polysemy in the language of law in English-speaking countries. The introductory part briefly outlines the process of legal translation and tackle the specificity of bijural translation. Then, traditional understanding of what a term is and its application to legal terminology is considered; three different levels of vocabulary used in legal texts are outlined and their relevance to bijural translation explained. Next, synonyms in the language of law are considered with respect to their intension and distribution, and examples are given to show that most expressions or phrases which are interchangeable synonyms in the general language should be treated carefully in legal translation. Finally, polysemes in legal terminology are discussed and examples given to illustrate problems potentially encountered by translators.
internal-pdf://1402586628/Chromá-2011-Synonymy and Polysemy in Legal Ter.pdf.
Chromá, Marta, Elisa Corino, Carla Marello, and Cristina Onesti. 2006. "Synonymy and polysemy in a bilingual law dictionary." In Atti del XII Congresso Internazionale di Lessicografia: Torino, 6-9 settembre 2006, 735-741. Alessandria : Edizioni dell'Orso, 2006.
ABSTRACT: This paper focuses on issues of synonymy and polysemy in the language of law, and the treatment of these issues in the "Czech-English Law Dictionary with Explanations". The introduction outlines the context of legal translation in the Czech Republic and its potential impact upon special bilingual lexicography. Then, the traditional understanding of what a term is and its application to legal terminology is mentioned. Legal terminology is dealt with in the third part; three different levels of vocabulary used in legal texts are outlined and their relevance to dictionary making is explained. Synonyms in the language of law are considered with respect to their intension and distribution, and an example is given to show that most expressions or phrases which are interchangeable synonyms in general language should be treated carefully both in legal translation and in preparing a bilingual law dictionary. Finally, polysemy in legal terminology is discussed and examples are given to illustrate its possible lexicographical solution.
Cobos López, Ingrid. 2009. "La traducción jurídica alemán-español: tipos de errores traductológicos." redit: Revista electrónica de didáctica de la traducción y la interpretación 2: 11-32.
ABSTRACT: Legal translation implies a lot of difficulties regarding its teaching and learning due to the great variety of textual genres together with the complexity of legal terminology. In the present work we will deal with the meaning of legal translation, sworn translation, legal language and the main types of translating mistakes made by translation students in the language pair German - Spanish. Nowadays and due to the great demand of legal texts translations in the labour market, the professional training of legal and sworn translators and interpreters should play an important role in the curriculum of Translation Degrees. The explanation of the differences between the main figures of this specialty and their text typology is a very important factor in order to be introduced in this knowledge. Furthermore we have to consider the kind of mistakes made by our students in order to teach and assess them better. With this aim, we will study the main mistakes made by our students related to the pair of languages German-Spanish and the translation specialization.
internal-pdf://0924839303/Cobos López-2009-La traducción jurídica alemán.pdf.
Cobos López, Ingrid, and Aurora Ruiz Mezcua. 2010. "La importancia de la terminología jurídica en la interpretación de los Servicios Públicos: un caso empírico de interpretación social español-francés." [The importance of legal terminology in Interpretation in the Public Services: An empirical case of Spanish-French social interpretation] Anales de Filología Francesa 18: 103-117.
ABSTRACT: The aim of this article is to highlight the importance of using the accurate terminology when working as an interpreter for the public services, especially when dealing with Court or Police station matters. For this reason, its teaching and understanding is vital for a quality translator and interpreter training.This article provides a reflection on the importance of juridical terminology and a text typology analysis. Besides, we study a form based on our own experience as community interpreters in Córdoba’s Police station. We extract specific terminology and translation problems. Finally, we compile a glossary, and we include a translation proposal of the above-mentioned document into French.
internal-pdf://2550207484/Cobos López-2010-La importancia de la terminol.pdf.
Cruz Martínez, María Soledad. 2001. "El inglés jurídico: estudio contrativo inglés-español de términos jurídico-penales."
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de Groot, Gerard-René. 1993. "Sobre la traducción de la terminología jurídica y un nuevo diccionario bilingüe." Revista española de derecho internacional 45: 586.
internal-pdf://3516616130/de Groot-1993-Sobre la traducción de la termin.pdf.
de Groot, Gerard-René. 1999. "Das Übersetzen juristischer Terminologie." [The translation of legal terminology.] In Recht und Übersetzen, edited by Gerard-René de Groot and Rainer Schulte, 11-46. Baden Baden: Nomos.
internal-pdf://3829176422/Groot-1999-Das Übersetzen juristischer Termino.pdf
de Groot, Gerard-René. 2000. "Translating Legal Informations." In Jahrbuch für Juristische Hermeneutik. Übersetzung im Recht. Journal of Legal Hermeneutics. Translation in Law, edited by Guiseppe Zaccaria, 131–147. Münster/Hamburg/London: LIT.
internal-pdf://2545528437/Groot-2000-Translating Legal Informations.pdf
Dechamps, Christina. 2013. "Traduction juridique et étude des collocations : quelles perspectives ?" Parallèles 25.
ABSTRACT: In this article we will present the subject matter of our PhD dissertation at the Faculty of Social and Human Sciences of the Universidade Nova de Lisboa. We will then go on to comment on our findings of a case study on the different collocations of the term ordonnance. Our aim is to demonstrate the importance of collocation studies on legal terminology and the impact they have in the context of legal translation given the weaknesses of specialized and unspecialized dictionaries.
internal-pdf://2426206488/Dechamps-2013-Traduction juridique et étude de.pdf.
Departament de Justícia de la Generalitat de Catalunya, and TERMCAT Centre de Terminologia. 2005. Diccionari de dret civil. Barcelona: Generalitat de Catalunya.
Dias Loguercio, Sandra. 2005. "Les stratégies de traduction dans des traités internationaux signés par le Brésil et la France : un regard sur la terminologie juridique." Meta : journal des traducteurs / Meta: Translators' Journal 50 (4).
ABSTRACT: The goal of the present study is to examine how terminology is dealt with and how terms are composed in a context involving legal regulations and bilingualism. To this end, an exploratory and contrastive study of the international treaties signed between Brazil and France was conducted. The analysis of the texts was based on terminology theories that take the textual and communicative dimensions of language into account, and on translation studies that view the translated text as a product of a culturally and socially determined communicative event. Highlighting the interference of the translation process in establishing legal terminology, the analysis also revealed preferences for certain translation strategies in each culture, thus underlining the specific nature of the product of the translation.
internal-pdf://3693763076/Dias Loguercio-2005-Les stratégies de traducti.pdf.
Díez-Picazo Giménez, Luis María. 2010. "Notas sobre el blindaje de las normas forales fiscales." Indret: Revista para el Análisis del Derecho (3).
ABSTRACT: The Fundamental Act 1/2010, of February 19, has done what in the political jargon has been called the ?shielding? of tax provincial law. In technical legal terms, this means that provincial law in taxation from each one of the three Basque provinces (Álava, Guipúzcoa and Vizcaya) will no longer be challenged before administrative courts, but only before the Constitutional Court.
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Dobrić, Katja. 2014. "The Future Of Court Interpreting In Croatia." Studies in Logic, Grammar and Rhetoric 38 (1). https://doi.org/10.2478/slgr-2014-0032.
ABSTRACT: Court interpreting in Croatia is a very unregulated field especially regarding the training and the skills that are to be acquired in order to provide accurate translation at courts. One of the prerequisites according to the Regulations on Court Interpreters in Croatia is knowledge of the structure of judicial power, state government and legal terminology. Although the Regulations prescribe that the training should last no longer than two months, the organisations providing such training shorten this to three or four days. Taking into account all that has been said one realizes that in such short time a per- son cannot be properly qualified to practice as a court interpreter. According to the EU Directive on the right to interpretation and translation in criminal proceedings member states should provide adequate training in order to ensure the quality of interpretation and to avoid that suspected or accused persons complain that the quality of interpretation was not good enough to secure the fairness of the proceeding, which according to Article 2 of the Directive they have the right to. Since Croatia joined the European Union on 1 July 2013, it will have to change its Regulations on Court Interpreters in order to comply with this Directive. This paper will try to analyze the problems within the scope of court interpreter’s profession in Croatia both in civil and in criminal proceedings. Several examples will be suggested as the possible model for modifying court interpreting in Croatia. Since this profession is often underrated by the national courts, the paper will suggest ways to prevent such views and point out the importance of good court interpretation.
internal-pdf://1823089405/Dobrić-2014-The Future Of Court Interpreting I.pdf.
Donna, Walter. 2010. "Questions to ask potential interpreters."
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Duarte i Montserrat, Carles. 1983. "El vocabulari jurídic del Llibre de les Costums de Tortosa (MS. de 1272)." Revista de Llengua i Dret 2 33-57.
internal-pdf://3130390592/Duarte i Montse-1983-El vocabulari jurídic del.pdf.
Dullion, Valerie. 2015. "Comparative Law for Translators: From Theory to Didactics of Legal Translation." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 28 (1): 91-106. https://doi.org/10.1007/s11196-014-9360-2. https://link.springer.com/content/pdf/10.1007/s11196-014-9360-2.pdf.
ABSTRACT: Theorists of legal translation generally describe it as an interdisciplinary activity whose methodology draws deeply upon comparative law. In practice, how can we apply this theoretical paradigm to translator training? This article examines methods of integrating comparative law with the acquisition of knowledge and know-how that constitute the translator's core competences, emphasizing the resolution of legal terminology problems resulting from incongruencies between legal systems. Given that the goal is to compare law for the purposes of translation, it is useful to approach these problems from a functionalist viewpoint, principally through confronting a range of cases and situations likely to challenge the professional translator. Therefore, the author proposes including, along with other teaching methods, targeted work on terminological problems which necessitate the study of comparative law. A set of learning activities is presented for that purpose.
internal-pdf://1129565777/Dullion-2015-Comparative Law for Translators_.pdf.
Dyjakowska, Marzena. 2018. "Instytucye Gaja by Teodor Dydynski: The First Polish Translation of the Gaius' Institutions." Roczniki Humanistyczne 66 (8): 9-25. https://doi.org/10.18290/rh.2018.66.8-1. https://ojs.tnkul.pl/index.php/rh/article/download/6821/6583.
ABSTRACT: The aim of this paper is to discuss the first translation of the Gaius' Institutions into Polish. Its author, Teodor Dydynski, lecturer in Roman law at the Warsaw Major School in 1866-1909, limited himself to translating the first two books of the work, but laid the foundations for later translations (in 1982 and 2003). The method of translation has been discussed (including the review of the translation of book one by F. Zoll from 1865); the translators of the sources of Roman law are faced with the choice of whether to leave specialist legal terms in the original (or the polonised) version, or give them-as much as possible-entirely in Polish, through neologisms or in a descriptive manner. The method adopted by the author was also evaluated, also in terms of the precision of the translation of individual terms and formulations.
internal-pdf://1734574551/Dyjakowska-2018-Instytucye Gaja by Teodor Dydy.pdf.
El-Farahaty, Hanem. 2016. "Translating Lexical Legal Terms Between English and Arabic." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 29 (2): 473-493. https://doi.org/10.1007/s11196-016-9460-2.
ABSTRACT: Legal translation between English and Arabic is under researched. However, the growing need for it, due to immigration and asylum seeking, among other reasons, necessitates the importance of more research. The asymmetry between English and Arabic poses many difficulties for legal translators, be they linguistic-based, culture-specific or system-based. The aim of this research is to discuss ways of translating lexical items between English and Arabic. In this current discussion I will present, exemplify and analyse the common difficult areas of translating English/Arabic legal texts and suggest ways of dealing with them. These areas involve culture-specific and system-based terms, archaic terms, specialised terms and doublets and triplets. With this aim in mind, the paper answers the following research questions: 1. What are the common difficulties of translating legal texts between English and Arabic? 2. What are the common lexical difficulties between English and Arabic legal texts? 3. What are the procedures of translating lexical legal terms between English and Arabic? The paper concludes that translating the above-mentioned lexical terms requires expertise, professional training, robust knowledge of the linguistic and legal systems of languages, as well as up-to-date electronic dictionaries and well-defined parallel corpora.
internal-pdf://3877902304/El-Farahaty-2016-Translating Lexical Legal Ter.pdf.
El-Madkouri Maatoui, M. 2005. "Lengua y cultura en la traducción de la terminología jurídica (árabe-francés-español como ejemplo)." IV Jornadas sobre la Formación y Profesión del Traductor e Intérprete, Madrid.
Engberg, Jan. 2009. "Assessing the dynamic character of legal terms." Fachsprache 3-4.
internal-pdf://2009726278/Engberg-2009-Assessing the dynamic character o.pdf.
Engberg, Jan. 2009. "Methodological aspects of the dynamic character of legal terms." Fachsprache 31 (3-4): 126-138.
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Engberg, Jan. 2020. "Comparative Law for Legal Translation: Through Multiple Perspectives to Multidimensional Knowledge." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 33 (2): 263-282. https://doi.org/10.1007/s11196-020-09706-9. https://link.springer.com/content/pdf/10.1007/s11196-020-09706-9.pdf.
ABSTRACT: With this paper, I suggest a multiperspectivist approach for assessing conceptual legal knowledge with relevance for the translation of legal terms in translation between two or more different legal systems. The basic quest is to present a set of categories and analytical approaches for legal translators to generate (collect) and classify knowledge necessary for their professional conceptual needs. In this paper, I will focus on the translational, juridical, and cognitive basics of such an approach. In order to cope with the broad range of possible translational purposes in different translational situations and choose relevantly between alternative formulations, translators need methods and strategies in order to construct the necessary conceptual knowledge. This presupposes a broad knowledge structured in ways that enable the translator to recognize relevant characteristics of legal systems and relevant differences between different legal systems. Concerning translational theory, the basis is the functional theory of translation as adapted to legal translation, based upon the idea of translation as choice between alternatives and distinguishing between documentary translation, at one end of a scale, and instrumental translation, at the other. This basis and the distinction presuppose relevant knowledge from comparative law. Hence, existing approaches and fundamental tenets concerning comparative law inside and outside of translation are presented. In order for knowledge to be presented in a manageable way with relevance to translators, I work with the approach of concept frames as basic unit of knowledge gathering and categorization. This way of presenting knowledge is embedded more generally in a knowledge communication approach, focusing on knowledge asymmetry. Within this general framework, the multiperspectivist approach combines insights from cultural studies (especially the study of law-as-culture), law as a disciplinary social system, and communicative interaction generating meanings in legal communication, also across national borders.
internal-pdf://0631704099/Engberg-2020-Comparative Law for Legal Transla.pdf.
Faber, Pamela, and Arianne Reimerink. 2019. "Framing terminology in legal translation." International Journal of Legal Discourse 4 (1): 15-46. https://doi.org/10.1515/ijld-2019-2015.
ABSTRACT: Legal language and its translation are considerably more complex than scientific and technical translation because the legal object is a text that performs an action. For this reason it is not only necessary to consider the legal terminology but also the structure of the text itself as well as the verbs used and their performative act. In this paper, we explore how the analysis of terminological meaning in legal texts can be addressed from the perspective of Frame-Based Terminology (FBT), a cognitive approach to domain-specific language, which directly links specialized knowledge representation to cognitive linguistics and cognitive semantics. In a case study on international agreements in the context of environmental law, we analyze the argument structure of verbs as well as the conceptual categories of their semantic arguments providing insights into the semantic profile of this text type. The representation of the verb class and its semantic arguments can be considered a type of interlingua that could be used as a basis for translation.
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Falian, Z., L. H. Cox, Q. Fan, L. Sun, and J. Zhang. 2019. "The Exploration of Anglo-American Legal Terminology Translation Strategies." In Proceedings of the Eighth Northeast Asia International Symposium on Language, Literature and Translation, 2019, 14-21. Marietta: Amer Scholars Press.
ABSTRACT: Legal Terminology is the most important component of legal language, and the accuracy of its translation manifests judicial impartiality directly. Accuracy and precision are the soul of legal terminology translation. This thesis, combined with legal translation practice, probes into the thinking process of Anglo-American legal terminology translation, provides corresponding translation strategies, and indicates that translators should confront three legal language phenomena: the progress of legal language, the custom of Chinese terminology and the translation of conventions. Chinese legal language literacy is the key to Anglo-American legal terminology translation.
Ferran Larraz, Elena. 2011. "Estatismo y dinamismo de la terminología jurídica en el ámbito de los documentos de transmisión de bienes." Terminology: international journal of theoretical and applied issues in specialized communication 17 (2): 224-248.
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Ferrazzi, Sabrina. "The Notion of "Cultural Heritage" in the International Field: Behind Origin and Evolution of a Concept." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique. https://doi.org/10.1007/s11196-020-09739-0.
ABSTRACT: The introduction of the concept of 'cultural heritage' is a relatively recent achievement of international law. Over the years, the enthusiasm for the protection of cultural property has enriched the term of new shades of meaning, while maintaining the older ones. At the same time, 'cultural heritage' is only one of the terms used in international treaties and other normative instruments. Hence, its comprehension needs to pass through a comparison of the other legal terminologies adopted. In such a context, the paper aims at providing a broad understanding of the idea of 'cultural heritage' by investigating its origin and evolution in the legal framework. In order to do so, the analysis begins with a brief discussion of the notion of 'culture' by analyzing how it has come to convey the current meanings. The paper then describes the main aspects influencing the linguistic choice within the field of Cultural Heritage Law. The central part of the paper deals with the different terminologies used to refer to cultural property within the international legal instruments (among them, 1954 Hague Convention, 1970 UNESCO Convention, and 1972 World Heritage Convention). Finally, the paper explores the existence of constructions of belongings in the legal terminologies examining the impact of territorial or communitarian linkage in the cultural legal discourse. The aim of this work is to reveal the inner system of interconnections in an effort to shed light on the multiple meanings of the term 'cultural heritage' by exploring how the concept evolved within the socio-legal context over time and space.
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Fiola, Marco A. 2017. "The Ontario English-Tamil Legal Glossary: An empowering socioterminology endeavour." Revista de Llengua i Dret 68: 89-99. https://doi.org/10.2436/rld.i68.2017.2933.
ABSTRACT: In this article, the idea of norm in language is compared to the notion of law in the application of justice, and how rules in both fields must be interpreted not in a rigid manner, but in a way that is appropriate to context. The case used to illustrate this principle of flexibility and adaptability is a community-based legal terminology and lexicography project developed with, by and for the Canadian-Tamil community of Ontario, Canada.
internal-pdf://3386519323/Fiola-2017-The Ontario English-Tamil Legal Glo.pdf.
Földi, András. 2020. ""False Friends" and Some Other Phenomena Reflecting the Historical Determination of the Terminology of Hungarian Private Law." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 33 (3): 729-747. https://doi.org/10.1007/s11196-020-09727-4.
ABSTRACT: This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that "false friends" and some further misunderstandings in the current terminology of Hungarian private law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some "global" difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception ofbona fidescan be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith (and fair dealing) conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions ofGultigkeitandWirksamkeitin Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions (as well as of the legal norms), similar to the Italian terminology (validitav.efficacia). Sometimes the reception of German notions happened in a less successful way (e.g. in the case ofnegatives Interessecreated by Jhering, which can be qualified as a "false friend" in Hungary in comparison with the original German notion). Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures.
internal-pdf://3287867818/Földi-2020-_False Friends_ and Some Other Phen.pdf.
Fonseca, Alexandre Mueller. 2018. "Hart and Putnam on Rules and Paradigms: A Reply to Stavropoulos." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 31 (1): 53-77. https://doi.org/10.1007/s11196-017-9526-9. https://link.springer.com/content/pdf/10.1007/s11196-017-9526-9.pdf.
ABSTRACT: Near the end of the last century, some legal philosophers adapted the so called causal theories of reference to solve internal problems in legal theory. Among those philosophers, Nicos Stavropoulos adjusted Hilary Putnam's semantic externalism claiming it as a better philosophical view than legal positivism defended by Herbert Hart. According to him, what determines the correct application of a legal rule must be determined by the objects themselves. In that case, what determines the reference of legal terms is an issue to be solved by the best theory developed. However, this is not the case necessarily: Hart's model can reach to the same conclusions as an externalist adjustment of law. Furthermore, the epistemic criteria required by Putnam to deal with value judgements are also acceptable in a positivist model. This paper presents the central thesis of Putnam's semantic externalism, with Stavropoulos adaptations to law, and defends that Hart's approach to deal with legal rules and Putnam's approach to deal with language rules can converge.
internal-pdf://2474737768/Fonseca-2018-Hart and Putnam on Rules and Para.pdf.
Franzoni de Moldavsky, Ada 1996. "Traducción jurídica inglés-español: sociedades comerciales." Voces: revista del Colegio de Traductores Públicos de la Ciudad de Buenos Aires 27: 2-10.
ABSTRACT: Ada Franzoni de Moldavsky habló sobre Léxico Jurídico. Analiza algunos de los términos y conceptos jurídicos utilizados para la denominación de las sociedades comerciales o mercantiles en España y Argentina, por una parte, y en Inglaterra y Estados Unidos de Norteamérica por la otra. La autora es Traductora Pública de idioma inglés y es Profesora Titular de Lengua(Jurídica) Inglesa IV en la Carrera de Traducción de la Universidad de Buenos Aires.
internal-pdf://1222064224/Franzoni de Mol-1996-Traducción jurídica inglé.pdf.
Fullagar, W K. 1957. "Legal terminology." Melbourne University Law Review: 1-8.
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Geeroms, Sofie M. F. 2002. "Comparative Law and Legal Translation: Why the Terms Cassation, Revision and Appeal Should Not Be Translated." The American Journal of Comparative Law 50 (1): 201-228.
internal-pdf://1450821791/Geeroms-2002-Comparative Law and Legal Transla.pdf.
Gémar, Jean-Claude. 2002. "Le plus et le moins-disant culturel du texte juridique. Langue, culture et équivalence." Meta: Journal des traducteurs 47 (2): 163-176. https://doi.org/10.7202/008006ar.
ABSTRACT: Legal texts abound in culturally loaded terms expressing a society's complex institutions and vocabulary generated by cultures stretching back thousands of years. The common law and civil law systems bear numerous common features that are more or less equivalent and based upon a number of universals common to all legal systems. They also differ in many aspects as they present great cultural gaps that render translation of certain terms hazardous or even impossible since they may convey notions unknown tot the target system and culture. The way the translator addresses this problem, will vary according to the cultural load borne, in any given system, by the phrases and terms, from the highest (charter, constitution, statute) to the lowest (contract, regulation). The translator's response to this challenge will be governed by the legal functions of the text and its target readers.
internal-pdf://0466393453/Gémar-2002-Le plus et le moins-disant culturel.pdf.
Gémar, Jean Claude. 1992. "Reproducción del seminario de Jean-Claude Gémar." Voces: revista del Colegio de Traductores Públicos de la Ciudad de Buenos Aires 1: 31-43.
ABSTRACT: (...) "Lorsquï on me demande de faire une conférence sur un sujet dïaussi brûlante actualité, je suis gêné dïavoir à disserter sur un thème que les collègues, traducteurs, professeurs, universitaires, connaissent très bien, et sur lesquels je ne peux dire que quelques banalités de plus, parce que parler de traduction juridique, de langue, de terminologie, ce nïest pas un séminaire de trois ou quatre jours quïil faudrait, mais dïune année entière, dans le cadre dïun cours, dïun séminaire de traduction, de langue et de terminologie juridique spécialisée, parce que la traduction nïest pas simplement une théorie, un principe, mais surtout une pratique qui se fait dans le monde depuis les origines de la civilisation; et à cet égard on peut déjà distinguer dans cette practique des aspects généraux et des aspects spécialisés".
internal-pdf://0828983706/Gémar-1992-Reproducción del seminario de Jean-.pdf.
Gergen, Thomas. 2007. "Lexikon zu zentralen begriffen der juristischen fachsprache -die wortfelder recht und gericht." Revista de Llengua i Dret 48: 59-98.
ABSTRACT: In this article I am presenting the results of my research: a lexicon of the main words of legal terminology in German language, for which purpose I have taken into account both compound words and the semantic fields of law (I) and court of justice (II). On finishing, I made a selection of the chosen bibliography and a summary of the most relevant sources of information (III).In the "law" (I) semantic field, I examine the etymology of the term "law" and "court of justice", as well as the legal regulations, what we understand by objective law and subjective law and what imperative regulation and dispositive regulation means. I then go on to analyse the terms court, justice, constitution and their derived words (II). Finally, I provide the reader with a list of the most significant sources of information for the creation of the lexicon (III). This article is not intended just for jurists, but also for linguists that work with legal texts on public, civil and criminal law.
internal-pdf://1782280499/Gergen-2007-Lexikon zu zentralen begriffen der.pdf.
Gibbs, Joseph. 2018. "'A certain false, malicious, scandalous and famous libel': Sir Henry Morgan's legal action against a London publisher of Alexandre Exquemelin, 1685." International Journal of Maritime History 30 (1): 3-29. https://doi.org/10.1177/0843871417742270. https://journals.sagepub.com/doi/10.1177/0843871417742270.
ABSTRACT: This research examines the surviving plea roll from Sir Henry Morgan's 1685 libel action against London publisher Thomas Malthus, presenting what it reveals about the substance of the complaint in the context of contemporary English libel law and Morgan-related sources. Malthus and rival printer William Crooke had produced competing English translations of buccaneer Alexandre Exquemelin's memoir of Morgan-led operations against the Spanish, which included passages Morgan objected to through his attorney. The document (in the UK National Archives) summarizes the form and resolution of the lawsuit in the Court of King's Bench against Malthus, and offers insight into what Morgan's attorney considered libellous; these points probably echo Morgan's concerns about the edition printed by Crooke, who settled out of court. Though the truth of Exquemelin's contested statements was never tested in court, the episode can be seen as marking the first step in an ongoing critical appraisal of the buccaneer-turned-author's veracity.
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Gifis, Steven H. 1998. Dictionary of Legal Terms. Barron's Educational Series.
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Giner, Diana. 2017. "Comparative Law for Spanish-English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 30 (3): 533-536. https://doi.org/10.1007/s11196-017-9515-z. https://link.springer.com/content/pdf/10.1007/s11196-017-9515-z.pdf.
internal-pdf://0352405767/Giner-2017-Comparative Law for Spanish-English.pdf.
Gortych, Karolina. 2017. In Search of Equivalents in Legal Translation: A Parametric Approach to the Comparison of Legal Terminology in Polish and Greek. Poznan: Wydawnictwo Naukowe CONTACT.
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Goźdź-Roszkowski, Stanisław. 2013. "Exploring near-synonymous terms in legal language. A corpus-based, phraseological perspective." Linguistica Antverpiensia 12: 94-109.
ABSTRACT: This paper aims to determine the extent to which a corpus-based, phraseological approach can be effectively applied to discriminate among near-synonymous, semantically-related terms which often prove troublesome when translating legal texts. Based on a substantial multi- genre corpus of American legal texts, this study examines the collocational patterns of four legal terms ‘breach’, ‘contravention’, ‘infringement’ and ‘violation’, first in the genre of contracts and then in the multi-genre context of the entire corpus. The findings highlight the area of overlap as well as specificity in the usage of these terms. While collocational constraints can be argued to play an important disambiguating role in the semantic and functional analysis of both source and target text items carried out by translators prior to the interlingual translation, this study emphasizes the applicability of the phraseological approach to English source texts.
internal-pdf://1376709942/Goźdź-Roszkow-2013-Exploring near-synonymous.pdf.
Goźdź-Roszkowski, Stanisław, and Iwona Witczak-Plisiecka. 2011. "Editorial to Special Issue on Legal Terminology." Research in Language 9 (1). https://doi.org/10.2478/v10015-011-0015-z.
ABSTRACT: Although terminology understood as a discipline concerned with the study of specialised vocabulary, i.e. terms, is by no means new, it is only relatively recently that it has begun to emerge as a fully-fledged scientific endeavour complete with its principles, bases and methodologies. As an inter- and trans-disciplinary field of knowledge, terminology is characterised by a plurality of approaches to its theoretical foundations and practical applications. Despite the diversity of terminological theories and approaches, there seem to exist certain theoretical and methodological aspects shared by most, if not all of them, such as recognition of the concept, the nature of the term and its functions in texts; non- verbal representational forms, knowledge ordering and modelling, terminology and cognition, lexical pragmatics, and corpus-based terminology (see Laurén and Picht 2006 for a recent comparative presentation of various approaches based on a regional criterion). At the same time, we are witnessing a gradual but steady shift from the principles of the Vienna school towards socio-cognitive and corpus-based descriptions of terminology (see Temmerman 2000, Pearson 1998).
internal-pdf://0930353825/Goźdź-Roszkowsk-2011-Editorial to Special Issu.pdf.
Goźdź-Roszkowski, Stanisław, and Iwona Witczak-Plisiecka, eds. 2011. “Legal Terminology: Approaches and Applications.” Special issue of Research in Language 9 (1).
Guerrero Ramos, Gloria, and R. Caparrós Sánchez. 2008. "Situación actual de la terminología jurídica en España." In La traducción e interpretación jurídicas en la UE. Retos para la Europa de los ciudadanos, edited by Emilio Ortega Arjonilla, 191. Granada: Comares.
Haenisch, Melanie. 2003. "La terminología jurídica: dificultades y estrategias de traducción." Revista de Ciencias Jurídicas 8-9: 203-223.
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Harvey, Malcolm. 2002. "What's so Special about Legal Translation?" Meta: Journal des traducteurs 47 (2): 177-185. https://doi.org/10.7202/008007ar.
ABSTRACT: The aim of this paper is to provide an overview of the main difficulties of legal translation and discuss whether they justify claims that it is a category in its own right. It proposes a wide-ranging definition of legal translation, which calls into question some received notions about its inherent difficulties.
internal-pdf://1454350057/Harvey-2002-What's so Special about Legal Tra1.pdf.
Heyden, Benjamin. 2004. "Réflexions sur la traduction des formes de sociétés." Translation Journal 8.
ABSTRACT: When translating legal terms, the translator may use different stratagems depending on the legal systems involved. Within the same (bilingual or multilingual) country, accepted exact translations of legal terms usually exist. When different countries have similar legal systems, direct literal translation is usually possible. Translation between different legal systems requires that the translator be aware of the legal terminologies involved and often to provide an explanation for the benefit of the target-language audience
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Heylen, Kris, and Frieda Steurs. 2014. "Translating legal and administrative language: how to deal with legal terms and their flexible meaning potential." Turjuman: revue de traduction et d'interprétation = journal of translation studies 23 (2): 96-146.
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Ho-yan Chan, Clara. 2011. "The use and translation of Chinese legal terminology in the property laws of mainland China and Hong Kong: Problems, strategies and future development." Terminology: international journal of theoretical and applied issues in specialized communication 17 (2): 249-274.
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Husinec, Snježana. 2011. "The Importance of Content Knowledge for Successful Legal Language Acquisition." Research in Language 9 (1). https://doi.org/10.2478/v10015-011-0007-z.
ABSTRACT: One of the most difficult tasks in the instruction of legal language is teaching highly specific legal terminology. Although some legal terms are widely used in ordinary language, there are some words and phrases which seem familiar, but have an unexpected meaning for a layperson. Additionally, there is a number of terms with specific legal meanings which presuppose some knowledge of legal content to be fully understood. On the other hand, since legal language is shaped by the legal system in which it is used, legal terms reflect particular legal systems and differences between them and are therefore inseparable from the law. This paper examines what implications this interconnection between language and law has on the process of legal language instruction and acquisition. How important is the knowledge of legal content for successful acquisition of legal terminology? What is the best approach to teaching such content-dependant language and what amount of background information needs to be taught? To answer these questions, the author analyses the results of a survey conducted among the law students attending legal language courses at the Faculty of Law in Zagreb and combines it with theoretical research and her teaching experience.
internal-pdf://0486006071/Husinec-2011-The Importance of Content Knowled.pdf.
Ioriatti Ferrari, Elena. 2010. "Linguistic precedent and nomadic meanings in EC private law." Revista general de derecho público comparado (6).
ABSTRACT: The European Community is a multilingual, multijure and multisystem reality whose legal production is mostly committed to written legal sources. As no uniform legal terminology - created and shaped by a common European legal culture, pre - exists the Community legal text, the European Community has developed a specific methodology in order to transfer the Community terminology into all the twenty-three European legal languages. Legal terms are not simply translated, but created ad hoc, in all the official languages. The creation of new community legal terms is based on calques of words and their reproduction in all the official languages (e.g. “common market” and so on). This drafting technique had already been created by the EC in the Sixties. It is generally acknowledged that, at that time, the Community lawmakers focused their harmonisation activity on technical sectors; the creation of legal terminology in areas such agriculture or food market has accustomed the EC to legislate without the support and the experience of legal science. The creation of existing European legal terminology has progressed automatically, as it were, based on an already existing nucleus of standard legal language and simply extended to the languages of the new Member States. Later, as the European Community started the process of harmonisation of some areas of national private law, the same technique was revived; as a consequence, private law terminology was not created on the basis of legal concepts and organised in legal categories by legal science. Still today, within and outside Community legal terminology, there are no points of reference ? general principles or a system of concepts - which have been organised by legal culture on a scientific basis. However, Community texts are still structured primarily on a linguistic basis. Their drafting is based on precise rules, which are provided by some drafting manuals which have been adopted in Brussels in order to improve the quality of drafting of Community legal acts, and particularly their semantic and linguistic coherence. As European private law has not yet been organised into a coherent legal system, the main point of reference for European legislators is semantic coherence; this phenomenon has been defined by some scholars as “linguistic precedent”. As linguistic precedent is based on semantic “and not legal” equivalence in all the linguistic versions of the Community act, it may happen that the legal drafter of community law is forced to adopt a community legal term which has already been used in enacted legislation, but he/she does not realise that from a legal point of view the context is very different. The consequence is that sometimes two or more Community legal terms are identical from the semantic point of view, but they have a potentially different legal effect. This phenomenon is called “semantic nomadism”. This means that Community legal terms may have the same linguistic and semantic structure, but a different legal effect with regard to the context in which they are used. Habitual residence and free movement of services are two examples of such semantic nomadism within Community private law terminology. The analysis of these two terms is particularly important and denotes this phenomenon. With regard to these terms, the European Court of Justice in 2009 provided new definitions and different legal effects, in accordance with the new context and their different meaning. The ECJ has proved to be an efficient institutional support in solving the problem of semantic nomadism. However, it is clear that in the long run, a systematic and coherent legal language of European private law should be the result of a synergy between the Community legislators and European legal science. As a consequence, it is important to reflect on a specific and efficient methodology for achieving this.
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Ioriatti Ferrari, Elena, Bárbara Pasa, and Lucía Morra. 2014. "Chapter 16: Found in Translation: national concepts and EU Legal Terminology." In Translating the DCFR and Drafting the CESL: A pragmatic perspective, 233-245. Munich: Sellier, 2014.
Jabardo Velasco, Mercedes. 2000. "Migración, multiculturalismo y minorías étnicas en España." Anales del Museo Nacional de Antropología (7): 139-166.
ABSTRACT: This article argüe the formation ofnew ethnic minorities in Spain as a process derivedfrom the migratory flow during the nineties. The article offers a preliminary description ofthe phenomenon in the context of International migrations, follotving tvith a deep analysis of migratory policies set up along the eighties. Secondly, the article focuses on illegal migrations, and deals tvith its ideological and social implications while challenginglfacing the restrictive features ofthe new political measures. The process of formation ofthe new ethnic minorities is analyzed in this specific context. Furthermore, the article poses how the migrant is being categorized. In legal terms, placing him on the edge of illegality. And in the cultural sphere, as bearer of valúes that potentially might conflict tvith those ofthe society to be. Summarizing, the article states that the ideological phenomenon of illegal migration and the cultural alterphobia, helps to differentiate, tvhile minimizing, the communities emerged from of the migration process. The formation ofnew ethnic minorities is, henee, only one step ahead.
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Janulevičienė, Violeta, and Sigita Rackevičienė. 2011. "Translation strategies of English legal terms in the bilingual Lithuanian and Norwegian Law dictionaries." Societal Studies 3.
ABSTRACT: The aim of the article is twofold: to investigate the legal terminology translation strategies suggested by contemporary researchers and then to perform comparative analysis of the translation strategies employed by the compilers of two English-Lithuanian and one English-Norwegian law dictionaries in translating the English-Welsh legal system terms”.The first part of the article deals with the characteristic features of legal terminology and the issue of equivalency in legal translation. It also weighs the advantages and disadvantages of the four main translation strategies. The second part of the article presents a detailed translation analysis of twelve English-Welsh law terms defining abstract common law terms, specific English-Welsh legal professions and the English-Welsh court names, revealing that different translation strategies were employed in the examined dictionaries.
internal-pdf://0628175004/Janulevičienė-2011-Translation strategies of E.pdf.
Jiménez-Salcedo, Juan. 2010. "Bijuridismo, bilingüismo y terminología jurídica en francés: el caso canadiense." [Bijuridism, bilingualism and legal terminology in French: the Canadian case] Anales de Filología Francesa 18: 301-316.
ABSTRACT: The article presents French jurislinguistics in Canada, which has created a new terminology for common law in French. It describes how Canadian legislation and case law establishes bilingualism in the judicial system and how scholars have managed to produce common law bilingual glossaries.
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Jordà Mathiasen, Eivor. 2018. "Can a legal dictionary go from sexist to inclusive? : the dictionary of legal terms as a case of point." Revista de Llengua i Dret (70): 117-132.
ABSTRACT: Linguistic sexism can be present in any text, even in those that appear to be neutral. One clear example of this is dictionaries, as they exhibit a certain image of our society through multiple mechanisms, such as the selection of both entries and definitions. This paper analyses the Dictionary of Legal Terms (DLT) by Enrique Alcaraz Varó, Brian Hughes and Miguel Ángel Campos, and through this analysis the aforementioned mechanisms are highlighted. Furthermore, a comparative study of the 10 editions of the DLT allows us to observe how one particular dictionary’s treatment of gender has evolved through the years and to determine to what extent the sexism that is implicit in language has been taken into account, both when the dictionary was being written for the first time and also during its successive modifications. Lastly, some alternatives are offered up, the use of which can help to avoid sexist language being included in dictionaries.
internal-pdf://0304088717/Jordà Mathiasen-2018-Can a legal dictionary go.pdf.
Jourdain, Guy. 2002. "La législation bilingue au Manitoba : le rêve d’une version française faite sur mesure pour son auditoire." [Bilingual Legislation in Manitoba: The Dream of a French Version Tailored to its Audience: The Dream of a French Version Tailored to its Audience] Meta: Journal des traducteurs 47 (2): 244-264. https://doi.org/10.7202/008013ar.
ABSTRACT: The author first discusses the social and historical background forming the substance of the constitutional norm of legislative bilingualism in Manitoba, on the one hand, and the need to redirect its application, on the other. He then examines the scope of the constitutional norm in question and the conventional means that may used to implement them. Lastly, he proposes remedial action to counter the effects of 90 years of English legislative unilingualism and ensure that, in its mode of expression, the French version of bilingual legislation is optimally adapted to its target audience. To this end, he proposes three measures, i.e. the codification of laws, the simplification of legislation, and the clarification of the law in French. He concludes by expressing the opinion that, failing in-depth reform, the constitutional ideal of legislative bilingualism may be jeopardized.
internal-pdf://3080038148/Jourdain-2002-La législation bilingue au Manit.pdf.
Kalmazova, Nadezhda A., Viktoria F. Borisova, and Julia A. Kuznetsova. 2020. "English Terms of Terminological Field Legal Profession: Motivation of Choice and Translation." Vestnik Volgogradskogo Gosudarstvennogo Universiteta-Seriya 2-Yazykoznanie 19 (3): 84-96. https://doi.org/10.15688/jvolsu2.2020.3.8.
ABSTRACT: The article deals with the urgent issue of translation of special vocabulary. It has been proved, that effective study of English legal terminology by Russian native speakers is possible when there is profound knowledge of the corresponding piece of worldview shared by the English native speakers and understanding how the cognition of one nation is translated into the worldview of another nation. This understanding is achieved by means of studying concepts named by legal terms. The authors have systematized the difficulties, which appear in the process of English-Russian translation of the terms within the field of legal profession. Etymological, universal, national and professional conceptual layers named by the legal terms: barrister, solicitor, attorney, lawyer, coroner, Personal Injury Law have been characterized, the peculiarities, which motivate representative variants of translation - found out. The appearance of new signs in the structure of concepts, represented by the terms legal research, discovery, legal writing has been detected; the choice of translation techniques applied for these terminological units is explained. The research has revealed the changes in the piece of worldview of the English native speakers connected with the appearance of new concepts named by the terms ediscovery and predictive coding. The choice of translation techniques has been justified.
internal-pdf://4084960138/Kalmazova-2020-English Terms of Terminological.pdf.
Kathrani, Paresh. 2017. "‘Kandinsky-fying’ the law: A translaborative use of abstract art in the law classroom." Translation and translanguaging in multilingual contexts 3 (3): 370-387.
ABSTRACT: Sources of law are made up of terms that, amongst other things, mediate between facts and different results, and it is the role of lawyers to explain or justify why a particular interpretation or permutation of a given term should be taken in a given case. Such terms do not exist in isolation, but are hugely contextual and play an integral role in intermediating between different potential outcomes. Therefore, the skill of carefully applying and using legal terms is one of the primary focuses of legal education and calls for a consideration of the intricate role that legal terms play in legal argumentation. However, sometimes this endeavour in the law classroom is affected by the focus placed on the meaning of individual terms, as opposed to the broader role they have in legal reasoning and the analysis of legal outcomes. In considering this, this paper draws a contrast between the way in which students sometimes use different legal and moral terms in the various roles in their lives outside of the classrooms and within, and contends that one of the reasons for this is the greater liberty that they feel in using different terms outside of the classroom. This paper contends that, pedagogically, a similar level of independence can be achieved through the collaborative translation of legal concepts into abstract art, by enabling students to take greater co-ownership of legal language. Specifically, it argues that Wassily Kandinsky’s art theory, with its emphasis on the spirit and emotions, can provide an effective framework for this.
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Khizhnyak, S. P., and V. G. Annenkova. 2021. "The Variety of Language Signs in Legal Terminology: Linguistic and Extra-Linguistic Background." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique. https://doi.org/10.1007/s11196-021-09828-8.
ABSTRACT: The article deals with diversity of language signs in legal terminology. The aim of the article is to show the influence of both linguistic and extra-linguistic factors on the specificity of various linguistic units in the legal terminology. Though all terminological systems possess some similar features, there may be certain traits characteristic only for some of them. As specific systems of signs, legal terminologies show some peculiarities that are discussed in the article from the point of view of oppositions to highlight the semiotic specifics of language units used by lawyers and also the organization of the terminological system under consideration. The oppositions under consideration emerge due to both linguistic and extra-linguistic factors. Extra-linguistic factors determine such oppositions as terminology of law: terminology of jurisprudence, modern terminology: historical terminology, terms: nomenclature signs. Linguistic factors stipulate the opposition of primary and derived terms. A combination of linguistic and extra-linguistic factors determines the following oppositions: native terms: borrowed terms, terms of the basic terminological system: terms attracted from other spheres of knowledge. Within these types of oppositions a number of more specific ones were elicited. The interaction of synchronic and diachronic approaches the article is based on allowed the authors to focus on the permanent semantic properties of the language signs pertaining to tribal customary and modern law, and on those emerging in the course of the evolution of law.
internal-pdf://3130390031/Khizhnyak-2021-The Variety of Language Signs i.pdf.
Khizhnyak, Sergey P., and Alexander A. Zaraiskiy. 2020. "Proper Names in the Legal Terminology of the English Language." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 33 (3): 543-558. https://doi.org/10.1007/s11196-020-09683-z.
ABSTRACT: The article deals with the problem of coining terms and nomenclature signs with proper names illustrated by the example of the English language legal terminology. The article begins with the discussion of the problems of intersection of two linguistic areas (those of terminology and onomastics) and differentiation between terms and nomenclature signs. It is observed that linguistic units with proper names possess a cultural specificity in the legal English as compared to the Russian terminological system of law. Linguistic and extra-linguistic factors influencing language units' formation with the help of proper names in legal English, their structural and semantic specificity are revealed. The latter is considered from the point of view of the two-level semantics of language signs. The authors come to the following conclusions: (1) structural variability of the units under consideration especially strongly manifest in formation of legal nomenclature; (2) systemic linguistic oppositions of terms and nomenclature signs with proper names determine the semantics of these units; (3) the basis of the meaning of a term and a nomenclature sign is a notion, its essential components being included into the definitions; (4) differential semes of the meanings are assigned to the proper name elements of terms; (5) all semes of nomenclature signs with proper names constitute an inseparable whole and are not assigned to any specific elements of these units; (6) the meanings of nomenclature signs with proper names specify those of the terms in the hierarchical structure of the terminological system and in particular legal situations.
internal-pdf://3713853279/Khizhnyak-2020-Proper Names in the Legal Termi.pdf.
Kierkowska, Danuta. 1995. "Standardization of polish legal terminology." Terminology: international journal of theoretical and applied issues in specialized communication 2 (1): 129-140.
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Knap-Dlouha, Pavlina. 2018. "The Competention Profile of the Legal Translator and the Method of Legal Comparison as an Instrument for the Translation of "Untranslatable" Legal Terminology." Roczniki Humanistyczne 66 (5): 49-62. https://doi.org/10.18290/rh.2018.66.5s-6. https://ojs.tnkul.pl/index.php/rh/article/download/6771/6533.
ABSTRACT: We can define the legal comparison in two ways. From the perspective of the description, in which it can be used to explain how two legal systems or certain institutions operate within a particular legal system, or from an application as an instrument to achieve other purposes within the legal domain. The use of the methods of comparative law comparison for legal translators lies precisely in this applied area. In this article, comparative law is not approached in itself, but purely as an educational tool and exercise in legal translation. We will examine the methodology of legal comparison and apply it to concrete problematic, or 'untranslatable,' legal terms. Examples are references to legal concepts, institutions or procedures that only occur in the source language legal system but not in the target language legal system. One of the most important principles of legal comparison is that if we want to compare two objects or concepts, we must assume that they are comparable, at least in relation to one aspect (tertium comparationis). Unlike lawyers who use the method of legal comparison directly, legal translators cannot content themselves with this principle. They must find a translation for a particular legal entity, document or procedure, even if it has no equivalent in the target language legal system. The starting point for illustrating certain solutions to such translation problems is that legal translators should act as mediators between different legal cultures with the task of effectively transferring legal information, regardless of different legal traditions and legal languages.
internal-pdf://2953233916/Knap-Dlouha-2018-The Competention Profile of t.pdf.
Kocbek, Alenka. 2013. "Legal terminology at arm's length - the multiple dimensions of legal terms." Linguistica 53 (2): 25-37. https://doi.org/10.4312/linguistica.53.2.25-37. https://revije.ff.uni-lj.si/linguistica/article/download/733/2247.
internal-pdf://3289099187/Kocbek-2013-Legal terminology at arm's length.pdf.
Kościałkowska-Okońska, Ewa. 2011. "EU Terminology in Interpreter Training: Selected Problem Areas Connected With EU-Related Texts." Research in Language 9 (1). https://doi.org/10.2478/v10015-011-0009-x.
ABSTRACT: The presentation refers to the entire area of translating legal terminology, in particular to the translation of EU law-related texts that are especially vital for translating the acquis communautaire. This area of translation (and interpreting) services has been developing rapidly. The language used in documents is specialist and, at the same time, specific, due to the terminology used. Both the translator and the interpreter face the responsibility and the obligation to observe and apply translation strategies, consistently selected and considering the already existing and valid names, terms, concepts, definitions etc., by means of such available sources of information as dictionaries, encyclopedias, lexicons or special glossaries. Problems that translators and interpreters may encounter focus, to a large extent, on (un)translatability of certain terms, ambiguity of EU-speak or textual coherence, or the absence of it, which results from unclear, vague or ambiguous style of the original. On the other hand, the challenge for the translator/interpreter is constant care of the quality of the text created in Polish, which substantially affects the standard level and quality of Polish that we use everyday. Quality is the concept in translation and interpreting closely related with successful performance and communication (with all its aspects). The attempt at quality description in this context, apart from subjective impressions resulting from our understanding of the importance of features that good – competent – translation and effective communication should have, cannot be devoid of focusing on three principal factors, i.e., the translator/interpreter (as the text author/ producer), translation/interpreting process and product, which is the result of this process and, finally, involvement (and competence) on the part of the translator/interpreter. All the above aspects pose a real challenge for the translator/interpreter focusing on legal terminology.
internal-pdf://4286188133/Kościałkowska-O-2011-EU Terminology in Interpr.pdf.
Koutsivitis, Vassilis. 1991. "Problèmes terminologiques de la version grecque des textes legislatifs des communautés européennes." Meta: Journal des traducteurs 36 (1): 284-290. https://doi.org/10.7202/003347ar.
ABSTRACT: The paper deals with problems of translating European legal terminology into Greek.
internal-pdf://2996873650/Koutsivitis-1991-Problèmes terminologiques de.pdf.
Krieger, Maria da Graça. 2002. "Terminographie juridique et spécificités textuelles." Meta: Journal des traducteurs 47 (2): 233-143. https://doi.org/10.7202/008012ar.
ABSTRACT: This article describes some theoretical and methodological propositions adopted in the elaboration of a Multilingual Glossary of Environmental Law. The results show that the identification of the terminology in focus and the guidelines to solve terminological problems can be determined by the textual, discursive and pragmatic specificities of each field of knowledge. This study suggests that progress in the field of terminology is linked to the description of how language is used in different areas.
internal-pdf://0126266059/Krieger-2002-Terminographie juridique et spéci.pdf.
Kruchin, Mariana. 2011. "The Role of Municipalities and the "New Paradigm" in Safety Public Policies in Brazil: an Analysis of the Process of Shifts in Public Policies." Oñati socio-legal series 1 (1).
ABSTRACT: After the democratic transition in Brazil (1984) public safety has become especially relevant in the country due to high rates of crime and the feeling of insecurity among the population, especially in big cities. In this context, prevention is presented in the last decade in response to the repressive policies that have not prevented the continued growth of violence in the country.Regarding public safety, the Brazilian Constitution stipulates in its art. 144 that public safety is carry out by a set of institutions. The list that follows this statement is composed by different (but only) police forces, which are exclusive responsibility of the government of the provinces. In this scenario, there is a strong demand for active participation of municipalities in public safety policies by scholars and professionals who work with the topic. This debate was developed within the political arena whereas the legal field was delegitimize as the field of productions of new truths.This thesis seeks to understand the meaning of the decentralization of public safety policies in socio-legal terms, i.e. the production of meaning and new legal interpretation through social and political discourse and the relations between a new discourse and the possibilities of new practices. A shift in the discourse have altered in practice the terms of the debate in the field, but it was necessary to investigate whether the changes in the level of discourse, rather than the regulatory system are sufficient to alter the existing political model.
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Kuepper, Herbert. 2020. "Terminology in the New Hungarian Civil Code: Reception of Hungarian Sources and Foreign Models." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 33 (3): 799-821. https://doi.org/10.1007/s11196-020-09724-7.
ABSTRACT: Every legal system needs to update its rules from time to time. Since legal rules are laid down in language, legal innovation requires linguistic innovation as well. This essay analyses how Hungary modernised its private law in pre-socialist, socialist and, most important, post-socialist times. The focus of the analysis is the interaction between the modernisation of the substance-matter and the modernisation of legal language. During the codification of the 2009 and 2013 Civil Codes, the legislator sometimes reverted to pre-socialist Hungarian sources, sometimes reacted to requirements of European Union and international law, and sometimes autonomously created new legal instruments and/or new legal terminology. In order to do so, the codification commissions sometimes received a foreign regulation pattern and created a Hungarian term for it, sometimes they developed the regulation themselves and adopted a foreign term for it, and sometimes the reception of foreign role models ran parallel in substance-matter and terminology. The analysis of the Hungarian post-socialist modernisation of civil law and its linguistic basis shows that terminological and material receptions are not necessarily interdependent but can, and did, happen independently of each other.
internal-pdf://0120306708/Kuepper-2020-Terminology in the New Hungarian.pdf.
Kwong, Oi Yee, Benjamin K. Tsou, and Tom B. Y. Lai. 2004. "Alignment and extraction of bilingual legal terminology from context profiles." Terminology 10 ( 1): 81-99.
ABSTRACT: In this study, we propose a method for aligning terms and extracting translations from a small, domain-specific corpus consisting of parallel English and Chinese court judgments from Hong Kong. With a sentence-aligned corpus, translation equivalents are suggested by analysing the frequency profiles of parallel concordances. The method overcomes the limitations of conventional statistical methods which require large corpora to be effective, and those of lexical approaches which depend on existing bilingual dictionaries. Pilot testing on a parallel corpus of about 113K Chinese words and 120K English words gives an encouraging 79% precision and 38% recall on average. The method has its own limitations such as failure to detect multiple candidates and secondary translations, but it provides a good basis for acquiring an initial translation lexicon for legal terminology from indigenous bilingual legal texts.
internal-pdf://0719885360/Kwong-2004-Alignment and extraction of bilingu.pdf.
Lakic, Igor. 2020. "Syntactic and Lexical Aspects of Students' Legal Translations at the Postgraduate Level." Folia Linguistica Et Litteraria (33): 189-205. https://doi.org/10.31902/fll.33.2020.10.
ABSTRACT: Teaching translation of legal texts into English at the postgraduate level at the Faculty of Philology (formerly at the Institute of Foreign Languages), University of Montenegro, started in 2004. At this study programme, students face for the first time challenges of translating legal texts. Although they occasionally translate some legal texts at the undergraduate level, this is the first time that they study legal translation in a systematic way. This certainly produces some challenges, that may be mainly observed on two levels: (1) syntactic level, where some students produce English sentences that are literal translations of Montenegrin sentences; bearing in mind syntactic differences in the languages, this sometimes leads to a loss of meaning or distorted meaning in translations; and (2) lexical level, where there are differences in the English and Montenegrin legal systems, which certainly requires caution in translation; it is possible to identify some inconsistencies in using legal terminology because some Montenegrin concepts cannot be always simply transferred into English without looking more deeply into the legal systems. The paper discusses the notions of formal fidelity vs. fidelity to the "uniform intent" of the text (Sarcevic, 1997) or what Hatim and Munday (2004) refer to as literal and free translation. These notions are crucial for my discussion of causes of errors in my students' translations.
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Lamarca i Marques, Albert. 1995. ""Tort" i The Law of Torts." Revista de Llengua i Dret 24 7-30.
internal-pdf://2688554799/Lamarca i Marqu-1995-_Tort_ i The Law of Torts.pdf.
Lane, Alexander. 1969. "Quelques aspects de la terminologie juridique et administrative." Babel 15 (1): 31-36.
internal-pdf://0113658788/Lane-1969-Quelques aspects de la terminologie.pdf.
Lane, Alexander. 1982. "Legal and Administrative Terminology and Translation Problems." In Langage du droit et traduction : essais de jurilinguistique, edited by Jean Claude Gémar, 219-231. Montreal: Linguatech.
internal-pdf://3333573966/lane.docx
Lavoie, Judith. 2002. "Le discours sur la traduction juridique au Canada." Meta: Journal des traducteurs 47 (2): 198-210. https://doi.org/10.7202/008009ar.
ABSTRACT: This paper examines the jurists' perception of legislative translation through an analysis of the literature published over the last thirty years. The analysis shows that translation has long been seen as a process that, resulting in a negative perception of the final product (the translated text), distorts the translator's profession. At first stigmatized because of the numerous calques which appeared in the federal statutes translated into French, translation was criticized for other reasons: it was considered to be a secondary or derivate. Still, today, there are jurists for whom translating is a simple process which requires no creativity.
internal-pdf://0598846920/Lavoie-2002-Le discours sur la traduction juri.pdf.
Lerat, Pierre. 2002. "Vocabulaire juridique et schémas d’arguments juridiques." Meta: Journal des traducteurs 47 (2): 155-162. https://doi.org/10.7202/008005ar.
ABSTRACT: The main difficulties in legal translation are names, constructions and semantic compatibilities. A methodology inspired by Zellig Harris offers an appropriate framework:'schemata of arguments' (predicative expressions and classes of objects), with applications to constructions ('frozen phrases') and to derivation ('condensation of schemata'). The French Legal Dictionary (Laboratoire de linguistique informatique, Paris 13, dir. G. Gross), with equivalents in English, uses this approach.
internal-pdf://3324358337/Lerat-2002-Vocabulaire juridique et schémas d’.pdf.
Lerat, Pierre. 2020. "La terminologie juridique." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique: 1-41. https://doi.org/10.1007/s11196-020-09794-7. <Go to ISI>://WOS:000582405100001.
ABSTRACT: There are many ways to approach and analyze juridical terminology. Every approach is useful, even though for a great number of linguists juridical vocabulary is not really considered as a terminology. The first part of this paper is devoted to the presentation of the state of art in the field under scrutiny, including traditional approaches (savant language, technical language, pure language, 'general' theory of terminology) and more recent approaches (socioterminology, text mining terminology, communicative theory of terminology, frame terminology, sociocognitive approach, pragmaterminological approach). The second part explains how the philosophy of language can shed some light on juridical terminology. For this branch of human sciences, legal words and groups of words are lexical units used in legal discourses. Thus, relevant analysis perspectives include enunciation, reference, extension, predication and speech acts.
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Lewis, Eric. 2006. "The Space of Law and the Law of Space." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 19 (3): 293-309. https://doi.org/10.1007/s11196-006-9024-y. https://link.springer.com/content/pdf/10.1007/s11196-006-9024-y.pdf.
ABSTRACT: This essay investigates the interconnections between early Greek cosmology and legal theory. In particular, it demonstrate that spatial and legal concepts developed hand in hand, and that it would be mistaken to assume that legal terminology in cosmology, and/or spatial terminology in legal texts, are best read metaphorically. This state of affairs may be contrasted with contemporary legal theory, which often employs spatial terms metaphorically. The principal authors I consider are Solon, Anaxamander, Heraclitus and Parmenides. The essay concludes that justice and space/place were, for the Early Greeks, often equated-that distinct differing meanings for the two were not yet clearly established, and so, in a sense, there was both a spatial component to law, and a legal component to space.
internal-pdf://4146381899/Lewis-2006-The Space of Law and the Law of Spa.pdf.
Leyva, José Luis. 2013. Companion Book for Translators and Interpreters: The 1000+ Key English-Spanish Legal Terms You Will Need to Know. El Paso: Idea.
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Li, Li. 2012. "Translation as a Complex Inter-linguistic Discourse and its Current Problematic Practice in the Genre of Legal Fiction in China." International Journal for the Semiotics of Law 26 (4): 849-859. https://doi.org/10.1007/s11196-012-9289-2.
ABSTRACT: In comparison with the creation of language, translation from one lan- guage to another offers greater challenges for those working with languages, be the text for translation concerned with philosophy, literature or law, all of which are arguably highly professional domains. When it comes to the translation of legal fiction, a highly interdisciplinary genre, even experienced practicing translators tend to fall short of being well equipped with sufficient legal knowledge and terminol- ogies, not to mention the capacity to detect the subtleties that are inherent in a legal term. All of the problems above account for the often less-than-satisfactory quality of legal fiction in translation, misleading or confusing the potential target audience. After making the prior theoretical investigations, this paper attempts to analyze some problems in the current Chinese translation of such legal novels as Franz Kafka’s Der Prozess and Charles Dickens’s Bleak House, and then take a corrective stance, hoping to arouse the translators’ awareness of the importance of this genre, as well as their awareness of the essential professional skills they still need to acquire, so that they can reach equivalent accuracy in legal technicalities, as well as subtlety and nuance that reflect the legal spirit.
internal-pdf://0943947580/Li-2012-Translation as a Complex Inter-linguis.pdf.
Liebwald, Doris. 2013. "Law's Capacity for Vagueness." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 26 (2): 391-423. https://doi.org/10.1007/s11196-012-9288-3. https://link.springer.com/content/pdf/10.1007/s11196-012-9288-3.pdf.
ABSTRACT: This paper deals with the particularities of vagueness in law. Thereby the question of the law's capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing Heck's metaphor of a core and a periphery of meaning. Furthermore, evidence is provided that the use of vague legal concepts and the capability of legal methodology to affect the specific meaning of those concepts, may give rise to astonishing and irrational changes of meaning of the law. Finally the paper sets out in search of an added value of vagueness in law, and weighs several stated pros and contras of vagueness. The paper is written against a background of the German speaking realm.
internal-pdf://2260288927/Liebwald-2013-Law's Capacity for Vagueness.pdf.
Lind, Åge, Elisa Corino, Carla Marello, and Cristina Onesti. 2006. "The ambiguous terminology of business entities: on the quest for equivalence in corporation and enterprise law." In Atti del XII Congresso Internazionale di Lessicografia: Torino, 6-9 settembre 2006, 779-786. Alessandria : Edizioni dell'Orso, 2006.
ABSTRACT: This paper examines the translation of legal terminology between different legal systems with specific emphasis on the equivalence or non-equivalence in the domain of corporation and enterprise law. This is an area in which there is significant semantic difference between seemingly identical concepts, where the same terminology disguises the fact that business entities are widely different in organisation and legal status not only between languages and legal systems, but also between English-language common law jurisdictions. With examples from his English-Norwegian dictionary of law the author will try to show how Anglo-American terminology in this field can be transferred into Norwegian.
Lopez, Antoinette Sedillo. 1999. "Translating Legal Terms in Context." Legal Reference Services Quarterly 17 (4): 105-113. https://doi.org/10.1300/J113v17n04_07.
internal-pdf://4263038881/Lopez-1999-Translating Legal Terms in Context.pdf.
Losson, Gérard J. 1990. "De l’ordre des choses ou comment placer dans un texte les États, les Communautés, les parties à un accord, les institutions communautaires, les traités communautaires, les monnaies et les langues." Terminologie et Traduction 1: 147-158.
Macías Otón, Elena. 2016. "Aproximación didáctica a la enseñanzaaprendizaje de la traducción de terminología y fraseología jurídicas." Quaderns: Revista de traducció (23): 133-154.
ABSTRACT: En el presente artículo analizamos los principios que han de informar la elaboración de una unidad didáctica sobre terminología y fraseología jurídicas. Específicamente, pretendemos definir un marco de actuación pedagógica que recoja los elementos necesarios para diseñar unidadesdidácticas aplicables en la enseñanza-aprendizaje de los términos y los fraseologismos jurídicos. Para ello, delimitamos el marco teórico centrado en el paradigma socioconstructivista, el enfoque por tareas y la teoría de las puertas en terminología, y proponemos una serie de principios didácticos extraídos de la experiencia de diversos autores. A partir de estos principios y del esquema de Hurtado (2003) y Estaire y Zanón (1994), planteamos una guía útil para la preparación de unidades didácticas destinadas a la formación de traductores e intérpretes que contemplen el tratamiento de estas unidades lingüísticas en la clase de traducción. Por último, en la evaluación de la unidad didáctica, presentamos dos instrumentos de evaluación de acuerdo con los principios socioconstructivistas.
In this article we analyze the principles that must inform the preparation of a didactic unit about legal terminology and phraseology. More specifically, we try to define a framework of pedagogic action that considers the necessary elements to design didactic units applicable in the teaching and learning of legal terms and phraseologisms. To that end, we delimit the theoretical framework focused on the socio-constructivist paradigm, the task-based approach and the theory of doors in terminology and we propose several didactic principles drawn from the experience of diverse authors. From these principles and Hurtado (2003) and Estaire y Zanón (1994) schema, we provide a useful guide for the preparation of didactic units aimed to train translators and interpreters which take into consideration the treatment of these linguistic units in the class of translation. In the didactic unit’s assessment, we suggest two assessment’s instruments according to socio-constructivist principles.
internal-pdf://0661362440/Macías Otón-2016-Aproximación didáctica a la e.pdf.
Makushev, Petro V., Olha V. Minchenko, and Iryna V. Tsareva. 2021. "Legal linguistics as a promising field of knowledge." Cuestiones Politicas 39 (68): 571-580. https://doi.org/10.46398/cuestpol.3968.36.
ABSTRACT: The relevance of the article is stipulated for the necessity to study a new and promising field of knowledge - legal linguistics. The purpose of the article is to study legal linguistics as a promising field of knowledge. Achieving the goal of the study necessitated processing the scientific literature on legal techniques, hermeneutics, linguistic interpretation, public speaking, and legal linguistics. The main method while studying these issues is the hermeneutic method, which is programmed for a new approach to understanding and interpreting the language of law and the language of laws, legal language formation and allowed to understand the text as a process of interpretation. The problems of linguistic field, interaction of linguistics and law are revealed, the specific functioning of language in the field of law is analyzed. Prospects of combining legal and linguistic competence, interpretation of texts of laws, speeches of judges and lawyers, and legal translation are studied. The article emphasizes the necessity to single out such a field of knowledge as legal linguistics and the prospects for its development are outlined.
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Manzella, Pietro. 2019. "The notion of lavoro subordinato and its English translation in EU documents. Reflections from a dataset-based analysis." trans-kom. Zeitschrift für Translationswissenschaft und Fachkommunikation 12 (2): 227–239.
ABSTRACT: This paper sets out to point out the difficulties stemming from translating notions pertaining to industrial relations and labour law discourse. In order to do so, the Italian concept of lavoro subordinato is examined and then compared with the terms used to render this concept in English. This has been done by considering a dataset of 100 documents drafted in Italian by the European Union and subsequently translated into English. The analysis reveals that a lack of consistency exists as regards the terminology that has been employed to translate this term into English. At times, the wording used to transpose lavoro subordinato in English can be questioned because it seems to move away from source-text meaning. The paper reasserts the challenges faced by translators when dealing with legal terms and the need to fully understand the function of the practices they denote when attempting to render them in another language and system.
internal-pdf://2382283320/Manzella-2019-The notion of lavoro subordinato.pdf.
Marin, Simona. 2010. "Kultur und (Rechts)Sprache." Germanistische Beiträge 26: 254-266.
internal-pdf://3439682566/Marin-2010-Kultur und (Rechts)Sprache.pdf.
Marques Afonso, Tereza Passos e Sousa, and Maria do Ceu Henriques de Bastos. 2019. "Procuracao/power of attorney A corpus-based translation-oriented analysis." Translation Spaces 8 (1): 144-166. https://doi.org/10.1075/ts.00016.afo.
ABSTRACT: This paper presents a contrastive legal and corpus-based linguistic and terminological analysis to translate a common legal instrument on a global scale, the power of attorney in English or procuracao in Portuguese. This usually takes the shape of a written document, granted before a notary public as required by law, allowing one person to appoint another person to act on his/her behalf. Civil law and common law systems differ considerably with respect to requirements, formalities and range of powers permitted. In cross-border transactions, a translation is required to certify the authority given to third parties who do not speak the language. Bearing this in mind, a comparable corpus of authentic Portuguese and British texts (from England and Wales, and Northern Ireland) pertaining to this legal genre (12 procuracoes and 24 PoA) is analysed to identify its characteristics at functional, situational, thematic, lexical and grammatical levels.
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Martínez López, Ana Belén. 2009. "Terminología y fraseología en los documentos médico-legales (2): extracción, clasificación, análisis y traducción de unidades de naturaleza jurídica." Entreculturas: revista de traducción y comunicación intercultural (1): 409-424.
ABSTRACT: This article intends to address the issue of translation posed by medicolegal documents of the English-Spanish combination. The study being conducted, in this case is based on the fieldwork based on a translation assignment of 30 forms and standard documents in relation to assisted reproduction. The final result focusing on the terminological units and phraseologisms most representative of the reference corpus discussed is a Spanish-English bilingual glossary of legal terms in relation to assisted reproduction.
En este artículo pretendemos abordar la problemática de traducción que presentan los documentos médico-legales dentro de la combinación lingüística español-inglés. En este caso, el estudio realizado se basa en un trabajo de campo realizado a partir de un encargo profesional de traducción compuesto de 30 formularios y documentos-tipo relacionados con el ámbito de la reproducción asistida. El resultado final, centrado en las unidades terminológicas y fraseológicas más representativas del corpus de referencia analizado, es un glosario bilingüe de términos jurídicos (español-inglés) relacionados con la reproducción asistida.
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Mattila, Heikki E. S. 2010. "La comunitat lingüística nòrdica en matèria jurídica." Revista de Llengua i Dret 54: 17-32.
ABSTRACT: Cada uno de los cinco países nórdicos tiene su lengua principal, cuyo uso en la mayoría de casos corresponde a las fronteras del Estado.Tres de estas lenguas 'danés, noruego y sueco' son en gran parte interinteligibles, y, por razones históricas, el sueco se habla en una parte de Finlandia y se enseña en gran parte del país, y el danés se enseña en Islandia.Por otro lado, las culturas jurídicas de los países nórdicos son muy similares gracias a valores sociales compartidos, a una antigua interacción entre los países y a una cooperación legislativa internórdica en el siglo XX.Gracias a estas dos razones 'parentesco lingüístico y herencia jurídica común', existe una intensa comunicación jurídica transfronteriza entre los países nórdicos, y el danés, el noruego y el sueco se usan en esta comunicación.Se puede hablar de una comunidad lingüística nórdica en materia jurídica.Pero en esta comunicación jurídica transfronteriza también hay problemas. En primer lugar, Noruega complica la comunicación porque existen dos estandarizaciones de la lengua principal del país. En segundo lugar, hay diferencias entre el sueco jurídico de Suecia y el sueco jurídico de Finlandia, lo cual puede provocar malentendidos, aunque es raro. En tercer lugar 'y es a veces un problema grave', algunos términos técnicos jurídicos son totalmente diferentes en los lenguajes jurídicos nórdicos occidentales (danés y noruego), por un lado, y en los lenguajes jurídicos nórdicos orientales (sueco de Suecia y sueco de Finlandia), por otro. Finalmente, la mayor dificultad se produce porque el conocimiento del sueco va declinando en Finlandia.Este artículo trata del uso de las lenguas escandinavas, principales de cada país, en la comunicación jurídica transfronteriza en los países nórdicos y de los problemas que comporta este uso, así como del futuro de la comunidad lingüística nórdica en materia jurídica.
Each of the five Nordic countries has its own principal language the use of which in most cases corresponds to the frontiers of the State.Three of these languages ' Danish, Norwegian and Swedish ' are largely inter-intelligible, and, for historical reasons, Swedish is partly spoken and largely taught in Finland and Danish is taught in Iceland. On the other hand, the legal cultures of the Nordic countries are very similar thanks to shared social values, to an old interaction between the countries, and to an inter-Nordic legislative cooperation in the 20th century. Due to these two reasons ' language kinship and common legal heritage ' there is very much cross-border legal communication between the Nordic countries, and Danish, Norwegian and Swedish are used in this communication.One may speak about a Nordic linguistic community in legal matters There are also problems in this cross-border legal communication. Firstly, Norway makes the communication more complicated due to the fact that there are two standardizations of the main language of the country. Secondly, there are differences in the legal Swedish in Sweden and in the legal Swedish in Finland which may cause misunderstandings although this is rare. Thirdly ' and this is occasionally a serious problem ' some technical legal terms are entirely different in the West-Nordic legal languages (Danish and Norwegian) on the one hand and in the East- Nordic legal languages (Swedish of Sweden and Swedish of Finland) on the other. Finally, the biggest difficulty is caused by the fact that the knowledge of Swedish is declining in Finland.The present article discusses the use of the principal Scandinavian languages in crossborder legal communication in the Nordic countries and the problems involved in this usage, as well as the future of the Nordic linguistic community in legal matters.
internal-pdf://1129566389/Mattila-2010-La comunitat lingüística nòrdica.pdf.
Matulewska, Aleksandra. 2017. Contrastive Parametric Study of Legal Terminology in Polish and English. Vol. 5.Dissertationes legilinguisticae. Poznan: Wydawnictwo Naukowe CONTACT.
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Matulewska, Aleksandra, and Paula Trzaskawka. 2020. "A tentative analysis of legal terminology diachronic changes and the problem of communication effectiveness in legal settings." Semiotica (236): 427-451. https://doi.org/10.1515/sem-2020-0033.
ABSTRACT: The aim of the paper is to present the diachronic changes taking place in legal languages and discuss whether the translators, who for some reason use as an equivalent an obsolete term, may produce a target text which is communicatively ineffective. The research methods applied encompass: the parametric approach to the interlingual comparison of legal terminology for translation purposes, the analysis of pertinent literature on translation and translation errors, the analysis of comparable texts for the purpose of observing diachronic changes in terminology. The diachronic change in terminology most frequently is the result of the amendments of legislation or repealing one act and replacing it with a new one. The terminological changes are especially frequent when the change in the political system occurs and the need appears to adjust the legal system to the new political ideology and principles. For that reason, the authors have analysed in detail three Polish acts on copyright enacted under three different political regimes that is to say (i) after the First World War when Poland regained independence after 123 years of occupation (Act of 29 March 1926 on Copyrights [Ustawa z dnia 29 marca 1926 r. o prawie autorskiem]), (ii) under the communist rule in Poland that lasted from 1945 until 1989 (Act of 10 July 1952 on Copyrights [Ustawa z dnia 10 lipca 1952 r. o prawie autorskim]), and finally (iii) after the collapse of communism in Poland and the period of transition into the democratic and free market society (Act on Copyrights and Related Rights of 4 February 1994 [Ustawa o prawie autorskim i prawach pokrewnych z dnia 4 lutego 1994 roku]). Apart from the main Polish corpus of above-mentioned acts, the authors have also provided examples from some other languages to confirm that the diachronic changes take place everywhere and miscommunication problems resulting from using an obsolete term in translation may occur in any pair of languages. In the last part of the paper the problem of the scale of miscommunication resulting from the usage of obsolete terminology in the target text is discussed.
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Mazzucco, Patricia Olga, and Alejandra Hebe Maranghello. 1992. Diccionario bilingüe de terminología jurídica: inglés-castellano, castellano-Inglés. Buenos Aires: Abeledo-Perrot.
McKay, William R, and Helen E Charlton. 2005. "Legal English: How to understand and master the language of law." VII,188.
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Mikkelson, Holly. 1999. "On the Horns of a Dilemma: Accuracy vs. Brevity in the Use of Legal Terms by Court Interpreters." 2006.
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Mira Rueda, Concepción. 2010. "Repertorio bibliográfico sobre terminología jurídica en lenguas francesa y española." Entreculturas: revista de traducción y comunicación intercultural (3): 293-300.
ABSTRACT: This paper attempts to be a useful guide for all translators, lawyers and People interested in juridical terminology. It's a paper that includes a selection of the most representative lexicographic works published up to now about Law in the following two languages: French (France) and Spanish (Spain). Works that have been comprised in this paper range from dictionaries in paper and electronic formats.
El presente artículo pretende ser una guía útil para todos los traductores, juristas y personas interesadas por la terminología jurídica. Se trata de un artículo en el que se ha recogido una selección representativa de obras lexicográficas publicadas a día de hoy sobre Derecho restringiéndolo a las lenguas francesa (de Francia) y española (de España). Las obras recogidas en este artículo tienen tanto formato papel como electrónico.
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Miret Mestre, María Teresa. 2012. "Miniglosario inglés-español-catalán sobre negligencia médica." Panace@: Revista de Medicina, Lenguaje y Traducción 13 (36): 279-284.
ABSTRACT: In this article, the author analyzes the terminology of a judgment handed down by a US court in a medical negligence case. Although both medical and legal terms are used, the balance here is clearly tipped toward the legal terminology. The author?s study of this judgment has led her to create a mini-glossary of sixty English legal terms with their proposed equivalents in Spanish and Catalan.
En este artículo se analiza la terminología de una sentencia en un caso de negligencia médica dictada por un tribunal de los Estados Unidos. Aunque aparecen tanto términos de medicina como de derecho, en este caso la balanza se decanta claramente a favor de estos últimos. Como resultado del estudio se ofrece un miniglosario que consta de sesenta términos jurídicos en inglés con sus correspondientes propuestas de equivalencia al español y catalán.
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Mityagina, V. A., A. A. Novozhilova, Y. A. Shovgenina, and E. G. Popkova. 2019. "Congruence of Legal Term Systems in the Tourism Internet Discourse." In Ubiquitous Computing and the Internet of Things: Prerequisites for the Development of Ict, In Studies in Computational Intelligence, 283-290. Cham: Springer International Publishing Ag.
ABSTRACT: This article is devoted to the study of congruence of legal term systems in the texts of tourism Internet discourse. Material of the study consists of multilingual tourist resources, containing legal terminology. The object of this study is tourism Internet discourse, and its subject is functioning of legal terminology in the texts of tourism Internet discourse and peculiarities of its translation. The aim of this paper is to determine the peculiarities of legal term translation and the extent of legal terminology formation used in the English-speaking, German-speaking and Russian-speaking Internet space. For the research, the following methods of linguistic and translatological analysis were applied: the method of continuous sampling, the method of semantic analysis, the method of discourse analysis, contextual analysis, method of comparative analysis. The research revealed that legal terminological system of the Russian-language tourism Internet discourse is of less congruence in comparison with the English and German-language term systems, and its terminology is being developed, which is influenced by already established foreign-language terminological systems, particularly, in English. This is explained by the fact that tourism development in Russia is in its infancy and many terminological units are borrowed together with foreign models of the tourism business. Empirical material analysis also showed that while creating a Russian version of tourist websites there is lack of uniformity of legal terminology even within a single resource, which is a violation of translation rules. To achieve an adequate translation of legal terminology a translator has not only to master a foreign language, but also understand tourism legislation peculiarities of the country concerned.
Molinero, Leticia. 1998. “Terminología legal y financiera: "Agreements" y "Bonds".”
Moreno Pérez, Leticia. 2019. "Estudio descriptivo comparado de la variación sinonímica en el lenguaje jurídico inglés y español: implicaciones para la traducción." [Comparative descriptive study of the synonymic variation in the English legal language and Spanish: implications for translation] Meta: Journal des traducteurs = translators' journal 64 (1): 266-284.
ABSTRACT: Synonymic variation is a common resource in specialized languages, particularly in legal language (Acuyo Verdejo 2004; Thiry 2009a; Barceló Martínez 2010). Since it is a semantic strategy, an erroneous interpretation can change the meaning of the text and the legal relationships created therein. Therefore, it is essential to detect it and manage it adequately. This paper takes a closer look at the use of synonymic variation within the legal field to understand how it works in English and Spanish for the purpose of setting up similarities and differences between them. Our research will be carried out through the analysis of comparable corpora of sales agreements in both languages. A series of textual markers will be used to detect the cases of synonymic variation in the texts in order to set a list of patterns of use regarding frequency, productivity, functioning and equivalence relationships created between synonyms. The results will help us understand how synonymic variation could affect the understanding and interpretation of legal texts, specifically regarding translation, where the management of this strategy can be essential to accurately transfer the meanings between source and target text.
internal-pdf://3351759215/Moreno Pérez-2019-Estudio descriptivo comparad.pdf.
Moreno-Perez, Leticia. 2019. "Comparative descriptive study of the synonymic variation in the English legal language and Spanish: implications for translation." Meta 64 (1): 266-284.
ABSTRACT: Synonymic variation is a common resource in specialized languages, particularly in legal language (Acuyo Verdejo 2004; Thiry 2009a; Barcelo Martinez 2010). Since it is a semantic strategy, an erroneous interpretation can change the meaning of the text and the legal relationships created therein. Therefore, it is essential to detect it and manage it adequately. This paper takes a closer look at the use of synonymic variation within the legal field to understand how it works in English and Spanish for the purpose of setting up similarities and differences between them. Our research will be carried out through the analysis of comparable corpora of sales agreements in both languages. A series of textual markers will be used to detect the cases of synonymic variation in the texts in order to set a list of patterns of use regarding frequency, productivity, functioning and equivalence relationships created between synonyms. The results will help us understand how synonymic variation could affect the understanding and interpretation of legal texts, specifically regarding translation, where the management of this strategy can be essential to accurately transfer the meanings between source and target text.
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Moschetti, Margarita Ana. 1996. "Marcas de especificidad en los textos jurídicos." Voces: Revista del Colegio de Traductores Públicos de la Ciudad de Buenos Aires 27: 11-16.
ABSTRACT: En la mesa redonda sobre Léxico Jurídico que tuvo lugar en el marco de la Jornada Profesional organizada por el Colegio de Traductores en la Feria del Libro, la Traductora Margarita Moschetti se refirió a los elementos que diferencian al lenguaje jurídico de otras lenguas de especialidad, tanto desde el punto de vista gramatical como en sus aspectos léxicos.
internal-pdf://3634890333/Moschetti-1996-Marcas de especificidad en los.pdf.
Nauen, Milana. 2020. "Translation of Court Documents Challenging, correct and incomprehensible (with Examples from the Language Pair Russian-German)." Babel-Revue Internationale De La Traduction-International Journal of Translation 66 (2): 254-277. https://doi.org/10.1075/babel.00147.nau.
ABSTRACT: The article examines the translation of court documents (indictments, penalty and arrest warrants, court decisions and court orders) and the challenges they pose. The activity of court translators is regulated by law. This unique position entrusts them with a special responsibility. Even if the actual addressees of the translation are unlikely to fully understand the text, the translation must be accurate and complete. This requires a thorough knowledge of both legal systems and an understanding of both legal languages. The present article discusses parts of a court document from a translator's point of view, analysing the difficulties of translating court names, titles of laws, classification units and standardised formulations. The article contains many examples from the language pair German-Russian but is also comprehensible and of potential interest for translators from and into other languages.
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Nelken, D. 1991. "Analytical Theory of Legal Terms - Italian - Pintore,A." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 4 (10): 77-87. https://doi.org/10.1007/BF01303508. https://link.springer.com/article/10.1007%2FBF01303508.
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Ni, Shifeng, Le Cheng, and King Kui Sin. 2010. "Terminology evolution and legal development: a case study of Chinese legal terminology." Terminology: international journal of theoretical and applied issues in specialized communication 16 (2): 159-180.
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Nida, Eugene A. 1982. "Translating Legal Terms in the Bible." In Langage du droit et traduction, edited by Jean Claude Gémar, 261-289. Montréal: Linguatech.
internal-pdf://2930852338/Nida-1982-Translating Legal Terms in the Bible.PDF
Northcott, Jill, and Gillian Brown. 2006. "Legal translator training: Partnership between teachers of English for legal purposes and legal specialists." English for Specific Purposes 25: 358-375. https://doi.org/10.1016/j.esp.2005.08.003.
ABSTRACT: Training legal English specialists is one area in which cooperation between discipline and language specialists is particularly valuable. Seven short excerpts from a short training course run jointly by teachers of English for legal purposes and legal specialists are presented and analysed to illustrate the contribution an ESP oriented approach, involving a high degree of subject specialist and ELP teacher cooperation can make to a very specific training need. These episodes provide illustrations of the interaction between legal translators and law lecturers centred on solving specific legal terminology questions. They are contextualized within an ethnographic account of courses designed and run for legislative translation teams from Central and Eastern European countries involved in European integration related translation activities. The data point to features of legal seminar discourse which would merit further investigation with possible applications for English for Academic Legal Purposes.
internal-pdf://1881356391/Northcott-2006-Legal translator training_ Part.pdf.
Nowak-Korcz, Paulina. 2021. "Le genocide des nazis dans les temoignages des interpretes et traducteurs au proces de Nuremberg." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique. https://doi.org/10.1007/s11196-021-09834-w. https://link.springer.com/content/pdf/10.1007/s11196-021-09834-w.pdf.
ABSTRACT: The Nuremberg Trial is of paramount importance, first of all, in historic and legal terms, as it laid the foundations for an international justice system that had no precedent in history, but also in linguistic terms, as it marks the very beginning of simultaneous interpretation and the modern profession of interpreting. By analysing the testimonies of those exceptional interpreters who were ensuring the communication in four languages before the International Military Tribunal in Nuremberg, we will highlight the linguistic and technical challenges they were facing as well as the deeply personal struggles they had to overcome, in particular on a psychological and ethical level, while taking part in a worldwide historic event. The aim of this article is to deepen the current state of research on simultaneous interpretation, but above all to pay tribute to these remarkable interpreters and translators who made history with their pioneering work and their legendary accomplishments in Nuremberg.
internal-pdf://2511711604/Nowak-Korcz-Le genocide des nazis dans les tem.pdf.
Nowak-Michalska, Joanna. 2020. "The Dynamics of Euphemisation in Legal Language: An Analysis of Legal Terms Referring to People with Disabilities Used in Poland and Spain." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 33 (3): 559-580. https://doi.org/10.1007/s11196-020-09699-5.
ABSTRACT: Socio-political developments can result in a change of perception of people with disabilities and increase sensitivity towards language, especially legal language, used in relation to them. Some terms perceived as offensive or stigmatising are rejected in favour of more neutral and inclusive ones. Such terms can often be categorised as euphemisms or orthophemisms (Allan and Burridge inForbidden Words, Taboo, and the Censoring of Language, Cambridge University Press, Cambridge, New York, 2006). With the passage of time, such new words frequently cease to serve their purpose and new ones need to be proposed to refer to a given concept (euphemism treadmill). In order to examine this issue, a number of legal terms denoting persons with disabilities used, currently and historically, in legal regulations in Poland and Spain are discussed. They are analysed in the context of changing the model of perception of people with disabilities (medical model vs. social model). Next, the differentiation between the so-called Identity-First Language (the term denoting disability comes first linearly) and Person-First Language (the term denoting disability comes second linearly, often in the form of a prepositional phrase), advocated by some members of the disability rights movement, is discussed. In this context, important syntactic and morphological differences (word-order, number of the term denoting disability) between English, serving as a model, and Spanish and Polish are focused on.
internal-pdf://2579013772/Nowak-Michalska-2020-The Dynamics of Euphemisa.pdf.
Nozdracheva, I., and F. Uslu. 2020. "Interpreters in the Courtrooms as the Key Participants Aimed at Reducing Language Barriers in the Course of Trial- Criteria Set for Identification of Interpreters' Competence." In 7th International Conference on Education and Social Sciences, 314-318. Istanbul: Int Organization Center Acad Research.
ABSTRACT: This article explores challenges faced by interpreters in courtrooms where the burden of providing information in a rigorous way and decoding it is on them. An interpreter in a courtroom is considered as the key figure in protection of rights of any person who does not have knowledge of the relevant language. Interpreter in a courtroom acts as a mediator and provides assistance aimed at eradicating communication barriers. By contrast, very little is known what concrete requirements except holding a university degree in "Interpreting" towards potential candidates who are to be involved in interpreting activities in courtrooms should be applied in Russia; the practice of establishing competence demands is very differentiated when compared with the English system. In addition to all above mentioned tasks, this paper gives details regarding peculiarities in applied terminology in court proceeding based on some cases having been handled in Russian federal courts involving foreign citizens. Various types of problems in the interpretations have been analyzed using different techniques and methods. Among the key findings are significantly higher number of interpreting problems and decline in interpreting performance in so-called judicial interpreting activities. The clear understanding of above mentioned issues may help to improve the quality of interpreting activities in a courtroom. It will prompt creation of special teaching facilities or associations in collaboration with universities and higher educational establishments aimed at educating students and graduates of translation and interpreting programs, thereby by developing a trained work force for Russian courts.
Nozdracheva, I., and F. Uslu. 2020. "English Legal Terminology and Ways of Its Translation from Russian into English." In 7th International Conference on Education and Social Sciences, 319-322. Istanbul: Int Organization Center Acad Research.
ABSTRACT: This article is devoted to the study of peculiarities and different techniques in the process of translation in the sphere of jurisprudence. Experts of legal field call for precise translation due to the fact that there is a growing need in competent translators and interpreters in the sphere of jurisprudence. It happens amid migration processes; migration flows are growing. Moreover, many newcomers and foreign entrepreneurs arrive in Russia for the purpose to set up business or broaden economic ties; subsequently many commercial disputes arise out of such collaboration which may serve ground for urgent linguistic assistance in a courtroom. This kind of assistance may be expressed in different ways: documents must be translated rigorously, this presuppose the knowledge of terms and its understanding. There are various studies devoted to the use of legal terms in the field of jurisprudence: laws, legal documents, court sessions, etc. However, there are few research works that explore translation issues based on case study. The sublanguage of jurisprudence is the language of relevant documents and Justice Department Representatives' protocol speeches. The terms and formulations used are mono-semantic. They have strict and precise meanings, provided with unambiguously interpreted definitions in industry dictionaries, as well as exhaustive interpretations in specialized reference books and sources. "Legal term" is interpreted as "verbal designation of state-legal concepts by means of which the content of normative-legal prescriptions of the state is expressed and fixed" [1, 683]. Lawyers define a legal term as " a word or phrase that is used in legislation, being a generalized name of a legal concept that has an exact and definite meaning, and is characterized by semantic unambiguity, functional stability". The main issue raised is whether full equivalence in the legal field exists and what it means. It is very hard to identify what variant is appropriate especially in case of affluent variants. Due diligence in translation and intercultural understanding which is something beyond ordinary thinking must be taken into applied. What requirements towards quality in translation field are set? What is quality? What factors does the quality depend on? Are requirements toward quality the same for both types: translation and interpreting? This article also includes examples criminal cases and its applied terminology which can be subsequently used for learning. Paying attention to language difference and the experience of non-English native speakers in the courts and beyond can shed light on the problems themselves and help to analyze mistakes and omissions in meaning in the processes of translation and interpreting in the legal field. All aspects should be taken into account in order to eliminate future misrepresentations and failures in translation.
Ogleznev, Vitaly V., and Valeriy A. Surovtsev. 2018. "Alf Ross on Definition in Legal Language." Vestnik Tomskogo Gosudarstvennogo Universiteta-Filosofiya-Sotsiologiya-Politologiya-Tomsk State University Journal of Philosophy Sociology and Political Science 41: 221-236. https://doi.org/10.17223/1998863X/41/23.
ABSTRACT: The article deals with a very interesting and original approach to a new understanding of the role of definition in legal science, developed by the representative of Scandinavian legal realism, Alf Ross. It is shown that the basis of Ross's theory is the orientation on social facts and the "empiristic postulate", which methodologically bring his approach to the empiricist tradition within the framework of analytical philosophy, especially with a logical empiricism of R. Carnap. Ross represents his main thesis that abstract legal terms have a meaning only in context. In addition to its main tenet, Ross's paper also contains a criticism of essentialism in a definition of legal terms and some comments on the relative importance of legal definitions in common law countries as compared with countries of codified law. The translation into Russian A. Ross "Definition in Legal Language" is presented in appendix.
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Onufrio, Maria Vittoria. 2007. "Harmonisation of European contract law and legal translation: a role for comparative lawyers." Indret: Revista para el Análisis del Derecho (2).
ABSTRACT: The problem of harmonising the contract in Europe has caught the interest of law professors, researchers and the European institutions. After years of debates, the European Union is aware that a lack of uniform legal terminology prevents any kind of unification and harmonisation of European Contract law. The need for a uniform legal terminology clashes with the multilingual legal terminology of European law. In Europe there is not just one, but many legislative and administrative languages, and each of them is an official language of the European institutions. In accordance with the principle of linguistic equality, the European Community (EC) recognises that all legal instruments have to be drawn up and published in all the official languages of the Member States. But every linguistic version of the same European legal instrument has not a functional and teleological equivalence of meaning, since every language reflects the legal culture of a specific legal system. Instead of suggesting a solution to the conflict between linguistic equality and the need for uniform legal terminology, the article focuses on the dangers of legal translation and claims a role for the comparative lawyer in the process of harmonisation of European Contract law.
internal-pdf://0719885151/Onufrio-2007-Harmonisation of European contrac.pdf.
Orlando, Daniele. 2017. "Calling translation to the bar: A comparative analysis of the translation errors made by translators and lawyers." Translation and translanguaging in multilingual contexts 3 (1): 81-96.
ABSTRACT: This paper proposes a comparative analysis of the translation errors made by prospective legal translation trainees, with a special focus on the (mis)use of legal terminology and phraseology. The investigation relies on the data produced and collected within a wider empirical study on the translation problems faced by a cohort of translation graduates with no specialisation in legal translation on the one hand, and a cohort of linguistically-skilled lawyers with no translation-related qualifications on the other, who translated the same criminal law document from English into Italian. The translation errors made by the two cohorts have been classified on the basis of the categories proposed by Mossop (2014) and assessed following the severity scale devised by Vollmar (2001) . The Translation Quality Index (cf. Schiaffino and Zearo 2006 ) thus obtained has allowed for the ranking of the participants in the five quality levels identified for legal translation by Prieto Ramos (2014) . The findings of the quantitative and qualitative analyses of errors are also traced back to the participants’ translation process by triangulating data from the different collection methods used within the empirical study, i.e. screen recording, keystroke logging and questionnaires, with particular reference to time and reference material use. The specific design of this investigation, which considers the participants’ prior education as additional variable, allows for the identification of a possible correlation between the different backgrounds of the translators and the quality of their translations, with general consequences on the conceptualisation of legal translation competence and effective training.
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Orozco-Jutoran, Mariana. 2014. "The EULA’s labyrinth: Mapping the process." Across Languages and Cultures 15 (2): 199-217. https://doi.org/doi:10.1556/Acr.15.2014.2.3. http://www.akademiai.com/doi/abs/10.1556/Acr.15.2014.2.3.
ABSTRACT: After close observation of the general practices of translating End-User License Agreements (EULAs) from English into Spanish, it was found that there were inconsistencies in the way in which translation companies dealt with the problem of the legal terms and principles found in this type of document. Some companies accounted for the difference between the legal requirements of the source text and the target text whilst others did not. This finding flagged up the need to analyse how EULAs were being translated, and to determine how research into the translation process could contribute to improving the way in which professional translators approached the translation of these documents. The aim of the LAW10n project was first to analyze all relevant aspects of the translation of software license agreements from English into Spanish and, secondly, to improve the quality of these translations by ensuring that the differences in the legal requirements of source and target texts are taken into account during the translation process, thereby best satisfying the communicative goal. The methodology used in the project was based on direct observation and interviews with translators and companies involved in translating EULAs using a validated questionnaire. Analysis of the data obtained provided a general description of the process of translation used and evidenced its shortcomings. As a result, proposals have been made for the improvement of the process of translating EULAs, including the creation of a web-based tool with translation resources. Future research contemplates expanding the data-gathering process and proposals for improvements in the translation of these documents in other languages and cultures.
internal-pdf://4084960607/Orozco-Jutoran-2014-The EULA’s labyrinth_ Mapp.pdf.
Ortega Arjonilla, Emilio. 2008. "Termjurídica (2): Las barreras culturales y la direccionalidad en la traducción de la terminología jurídica: La base de datos solon (español-francés)." In La traducción e interpretación jurídicas en la UE. Retos para la Europa de los ciudadanos, edited by Emilio Ortega Arjonilla, 239-262. Granada: Comares.
Ozyumenko, V., and F. Uslu. 2019. "Enantiosemy in Legal English." In Proceedings of Intcess 2019- 6th International Conference on Education and Social Sciences, 72-78. Istanbul: Int Organization Center Acad Research.
ABSTRACT: The paper deals with enantiosemy also called contronymy, auto-antonomy, and antagonymy, which has not found much attention of scholars. Enantiosemy is a case of polysemy where one meaning is in some respect the opposite of another. The paper studies the problem of enantiosemy in English legal vocabulary, which in itself presupposes definiteness and unambiguity, and focuses on the terms which contain opposite meanings within a single word form (e.g. TENANT a:, one who has the occupation or temporary possession of lands or tenements of another.; b:, one who holds or possesses real estate or personal property.). Although this linguistic phenomenon is to a certain extent marginal, it poses serious difficulties in understanding and translation. The paper is aimed at the analysis of enantiosemic legal terms with the focus on translation and second language teaching (SLT). The data were taken from dictionaries, legal texts, newspapers as well as British National Corpora (BNC), Corpus of Contemporary American English (COCA) and other Internet resources. Drawing on equivalence theory, descriptive theory, distributive theory and discourse analysis the study explores the semantic and functional features of enantiosemic terms and the role of context in defining their meaning. The results obtained testify to the existence of terminological enantiosemy and challenge the opinion that terms are monosemantic and independent of the context. The paper suggests some practical recommendations for the translation of enantiosemic legal terms in second language teaching. The findings can be used in lexicography to specify some dictionary entries, they can also find application in the theory and practice of translation and in teaching Professional English to Law students.
Pardo, María Laura. 1996. "Criterios lingüísticos para la traducción del texto jurídico." Voces: revista del Colegio de Traductores Públicos de la Ciudad de Buenos Aires 25: 16-18.
ABSTRACT: Durante su intervención en la mesa redonda sobre Léxico Jurídico organizada por el CTPCBA en la XXII Feria del Libro, la doctora María Laura Pardo señaló las características que pueden observarse en los textos jurídicos a partir de las diferentes líneas de análisis que aporta la lingüística.
internal-pdf://0901181882/Pardo-1996-Criterios lingüísticos para la trad.pdf.
Pardons, C. 1995. "Élaboration d’une terminologie française de la common law." In Français juridique et science du droit, edited by Gérard Snow and Jacques Vanderlinden. Bruselas: Bruylant.
Pepermans, Raymond. 1992. "Étude de terminologie juridique comparée : les notions de gouvernement et d’administration en anglais et en français." TTR: Traduction, terminologie, rédaction 5 (1): 183. https://doi.org/10.7202/037112ar.
internal-pdf://0494065121/Pepermans-1992-Étude de terminologie juridique.pdf.
Pérez, María José Marín, and Camino Rea Rizzo. 2013. "Automatic Access to Legal Terminology Applying Two Different Automatic Term Recognition Methods." Procedia - Social and Behavioral Sciences 95: 455-463. https://doi.org/10.1016/j.sbspro.2013.10.669.
internal-pdf://0945117239/Pérez-2013-Automatic Access to Legal Terminolo.pdf.
Perrin, Geoffrey. 1988. "'Rechtsverordnung' and the Terminology of Legal Translation." Lebende Sprachen 33: 17-18.
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Peruginelli, Ginevra. 2008. "Multilingual Legal Information Access: an Overview." In Harmonising Legal Terminology, 13-35.
ABSTRACT: Multilingualism is a phenomenon which greatly affects the efficiency of information exchange among people in every sector of life. Cross-language retrieval systems are tools that contribute to such exchange, supporting research and world-wide communication, helping to search for data irrespective of the language in which information objects are expressed. In particular, in the domain of law a vast category of users need to exchange legal information world-wide and carry out activities in a context where a common understanding of law beyond language barriers is highly desired. However, this requirement is hard to meet, due to the variety of languages and modes in which the legal discourse is expressed as well as to the diversity of legal orders and the legal concepts on which these systems are founded.
internal-pdf://0943947434/Peruginelli-Multilingual Legal Information Acc.pdf
Peruzzo, Katia. 2019. "When international case-law meets national law A corpus-based study on Italian system-bound loan words in ECtHR judgments." Translation Spaces 8 (1): 12-38. https://doi.org/10.1075/ts.00011.per.
ABSTRACT: The European Court of Human Rights (ECtHR) is an international court set up in 1959 with the aim of ruling on applications alleging violations of the rights enshrined in the European Convention on Human Rights. The Court's official languages are English and French, which are also used for delivering and publishing its judgments. In order to decide on the single cases, the ECtHR needs to discuss and recall national and international legislation. This leaves "traces" in the Court's judgments. The focus of this paper is on one possible type of such traces, i.e. loan words referring to Italian legal concepts and institutions. The paper presents a case study conducted on a corpus of ECtHR judgments published in English. The aims are to propose a methodology for the semi-automatic extraction of loan words and to analyse them in the light of translation techniques.
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Picotte, Jacques. 1991. Juridictionnaire : recueil des difficultés et des ressources du français juridique. Moncton: Centre de terminologie juridique, École de droit, Université de Moncton.
internal-pdf://0719885263/Picotte-1991-Juridictionnaire _ recueil des di.pdf
Pimentel, Janine. 2013. "Desmistificando a intraduzibilidade da terminologia jurídica." Belas Infiéis 2 (2): 55-72.
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Piszcz, Anna, and Halina Sierocka. 2020. "The Role of Culture in Legal Languages, Legal Interpretation and Legal Translation." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 33 (3): 533-542. https://doi.org/10.1007/s11196-020-09760-3. https://link.springer.com/content/pdf/10.1007/s11196-020-09760-3.pdf.
ABSTRACT: The aim of this short essay is to highlight and concisely explore-but not address in depth-some cultural aspects related to legal languages, legal interpretation and legal translation. We would like to consider briefly the following questions: How can elements of legal language, as exemplified by proper names and euphemisms, be connected with cultural (extra-linguistic) factors influencing language units' formation? How can judicial discourse reflect the culture of a given justice system? How can the legal interpretation affect the degree of legal culture? Are theories of legal interpretation universal or applicable to specific legal cultures? What is the impact of culture on the context of legal translation? How can the cultural background affect the decision to use terms in translation? How does cyberculture impact legal translation?
internal-pdf://1374343479/Piszcz-2020-The Role of Culture in Legal Langu.pdf.
Poirier, Eric. 2017. "English-French legal terminology dictionary." Meta 62 (2): 461-464. https://doi.org/10.7202/1041033ar.
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Policastro Ponce, Gisella. 2015. "El Derecho comparado y la terminología jurídica en traducción." Skopos: Revista Internacional de Traducción e Interpretación 6: 155-172.
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Poon Wai-Yee, Emily. 2002. "The Right of Abode Issue: Its Implication on Translation." Meta: Journal des traducteurs 47 (2): 211-224. https://doi.org/10.7202/008010ar.
ABSTRACT: This paper explores the limitations on legal translation strategy by looking at the right of abode issue in Hong Kong- the very first case in which the role of interpretation was argued since the return of sovereignity to China in 1997. The different approaches to interpreting the mini-constitution, the Basic Law, by the Court of Final Appeal, the Hong Kong and the Central Authorities as well as public opinion on the issue will leave translators with no choice but to translate a text that carries terms with open interpretation as literally as possible so as not to affect the substance of the original text. This paper also discusses the strategy of translating a judgement made by a legal body. Legal bilingualism should enable the general public to understand the law to a greater extent than they previously did.
internal-pdf://3444751370/Poon Wai-Yee-2002-The Right of Abode Issue_ It.pdf.
Prieto Ramos, Fernando. 1997. "La terminologia procesal en la traduccion de citaciones judiciales españolas al inglés." Sendebar 8-9: 115-135.
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Prieto Ramos, Fernando. 2020. "Translating legal terminology and phraseology: between inter-systemic incongruity and multilingual harmonization." Perspectives 29 (2): 175-183. https://doi.org/10.1080/0907676x.2021.1849940.
ABSTRACT: As central aspects of legal translation practice and research, legal terminology and phraseology are a prominent area of inquiry in Legal Translation Studies (LTS). This introductory paper reviews the varying conditions and challenges of dealing with conceptual incongruity in inter-systemic legal translation, on the one hand, and the implications of ensuring harmonization and consistency in multilingual legal texts through institutional translation, on the other. These endeavors are compounded by the significant hybridity and polysemy of legal terminology, as multiple intersections co-exist between legal orders, legal fields and other specialized domains, and between legal and general language. As illustrated by this special issue, corpus-based methodologies have proven particularly fruitful approaches to investigating these issues. They support the description of terminological and phraseological features of legal genres, as well as the acceptability analysis required to make translation decisions and to elaborate lexicographical resources in line with legal and institutional translators’ needs.
internal-pdf://0631704173/Prieto Ramos-2020-Translating legal terminolog.pdf.
Prieto Ramos, Fernando. 2021. "Translating legal terminology and phraseology: between inter-systemic incongruity and multilingual harmonization INTRODUCTION." Perspectives-Studies in Translation Theory and Practice 29 (2): 175-183. https://doi.org/10.1080/0907676X.2021.1849940. https://www.tandfonline.com/doi/pdf/10.1080/0907676X.2021.1849940?needAccess=true.
ABSTRACT: As central aspects of legal translation practice and research, legal terminology and phraseology are a prominent area of inquiry in Legal Translation Studies (LTS), this introductory paper reviews the varying conditions and challenges of dealing with conceptual incongruity in inter-systemic legal translation, on the one hand, and the implications of ensuring harmonization and consistency in multilingual legal texts through institutional translation, on the other. These endeavors are compounded by the significant hybridity and polysemy of legal terminology, as multiple intersections co-exist between legal orders, legal fields and other specialized domains, and between legal and general language. As illustrated by this special issue, corpus-based methodologies have proven particularly fruitful approaches to investigating these issues. They support the description of terminological and phraseological features of legal genres, as well as the acceptability analysis required to make translation decisions and to elaborate lexicographical resources in line with legal and institutional translators' needs.
internal-pdf://0945116730/Prieto Ramos-2021-Translating legal terminolog.pdf.
Prieto Ramos, Fernando. 2021. "The use of resources for legal terminological decision-making: patterns and profile variations among institutional translators." Perspectives-Studies in Translation Theory and Practice 29 (2): 278-310. https://doi.org/10.1080/0907676X.2020.1803376. https://www.tandfonline.com/doi/pdf/10.1080/0907676X.2020.1803376?needAccess=true.
ABSTRACT: Effective information mining for legal terminological research in translation is largely determined by the ability to contextualize concepts in their legal framework and to resort to relevant legal sources. Specialized knowledge of these sources thus emerges as a competence marker that is expected to converge with that of comparative law practitioners. Against this background, a survey was conducted in order to examine institutional translators' use of resources for translation in general and their perceptions of sources for legal translation in particular. The data provided by 234 respondents from 12 international organizations offer a comprehensive portrait of translation professionals and information-mining practices in these settings. Profile features in terms of legal translation frequency, main translation specializations and academic backgrounds were correlated to relevance and reliability scores assigned to the sources used for legal terminological research. The results confirm several hypotheses based on generally accepted indicators of specialization in this field, including the prioritization of monolingual lexicographical resources over bilingual ones and the higher reliability of primary legal sources over institutional terminological databases and previous translations. Common patterns and variations between institutions and profiles, as well as their implications for institutional terminology management and translation quality, are briefly discussed.
internal-pdf://2040650921/Prieto Ramos-2021-The use of resources for leg.pdf.
Prószéky, Gábor. 2002. "Semiotic Machine-Assisted Translation of EU Documents into Hungarian." Across Languages and Cultures 3 (2): 189-199. https://doi.org/doi:10.1556/Acr.3.2002.2.4.
ABSTRACT: This paper outlines the roles of the translator, the terminologist and the reviser described by their input and output information in the translation workflow. A real application of the computational work-flow management of translation in the project Translation of EU Legislation Texts into Hungarian is shown. With the help of the computational translation tools developed for this project, 40,000 pages of translation by around 100 translators was done by a Consortium consisting of three translation agencies, a revision agency and a language technology partner. A very important by-product, a common English-Hungarian glossary of 11,000 legal terms introduced by the translators involved in the project was also produced.
internal-pdf://0628974580/Prószéky-2002-Semiotic Machine-Assisted Transl.pdf.
Qu, Wensheng. 2015. "Compilations of Law Dictionaries in New China and Their Roles on Standardization of Translated Legal Terms." International Journal for the Semiotics of Law 28 (3): 449-467. https://doi.org/10.1007/s11196-015-9408-y.
internal-pdf://0719885027/Qu-2015-Compilations of Law Dictionaries in Ne.pdf.
Rackeviciene, Sigita, Violeta Januleviciene, and Liudmila Mockiene. 2019. "Circumnavigating Non-Equivalence in Legal Languages: A Trilingual Case Study of Generic-Specific Concepts and Terms." Journal of Teaching English for Specific and Academic Purposes 7 (1): 1-16. https://doi.org/10.22190/JTESAP1901001R. http://espeap.junis.ni.ac.rs/index.php/espeap/article/download/860/419.
ABSTRACT: Studies of Language for Specific Purposes (LSP) aim at mastering particular terms of the target discourse community in the given field of knowledge. This cannot be achieved without comprehending the concepts denoted by the terms and their genericspecific relations which is not always the case in popular usage by media and translation. The given research is a small-scale analysis of conceptualisation and denotation of bribery offences in different legal settings (the international conventions and three national legal systems - the UK, Lithuanian and Russian) intended to expose the way of circumnavigating non-equivalency for LSP/ESP (English for Specific Purposes) learners. Firstly, bribery concepts in two international conventions are analysed and their terminological denotations in English, Lithuanian and Russian versions of the conventions are extracted. Secondly, functional equivalents of the international bribery concepts (the generic concept of bribery and the concepts forming the dichotomies of bribery types and forms) in the UK, LT and RU national legal settings are determined. Finally, terminological counterparts denoting the bribery concepts in the investigated legal settings are established. The analysis is performed using the methodology of contrastive conceptual analysis which focuses on logical relationship among the concepts, namely hierarchical genus-species relations, in lexical semantics referred to as hyper-hyponymic relations. The methodology enables to compare conceptualisation and denotation of bribery offences and highlight their incongruities. The procedure and the results described in the paper are believed to be valuable to the learners and teachers of LSP/ESP, to the translators and could enhance efficient international professional communication.
internal-pdf://2639188502/Rackeviciene-2019-Circumnavigating Non-Equival.pdf.
Rackevičienė, Sigita, and Jolita Šliogerienė. 2014. "Dealing wiht Non-Equivalence of Legal Terminology - A Comparative Case Study of Lithuanian and English Legal Terms." English for Specific Purposes World 42 (15).
internal-pdf://2044897466/Rackevičienė-2014-Dealing wiht Non-Equivalen.pdf.
Ralli, Natascia. 2009. "Terminografia e comparazione giuridica: metodo, applicazioni e problematiche chiave." inTRAlinea.
internal-pdf://3325571675/Ralli-2009-Terminografia e comparazione giurid.pdf.
Ramos Bossini, Francisco, and Mary Gleeson. 1997. Diccionario de términos jurídicos inglés-español, español-inglés. Granada: Comares.
Ribó Durán, Luis. 1987. Diccionario de términos jurídicos. Barcelona: Bosch.
Ricca, Mario. 2020. "Planning Facts Through Law: Legal Reasonableness as Creative Indexicality and Trans-categorical Re-configuration." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 33 (4): 1089-1123. https://doi.org/10.1007/s11196-020-09702-z. https://link.springer.com/content/pdf/10.1007/s11196-020-09702-z.pdf.
ABSTRACT: Legal reasonableness and its theoretical analysis are often gauged on judicial activity. However, the judicial exercise of reasonableness is always a post-factum activity. People produce facts, and then courts are called to ascertain and qualify their conduct to determine its legal consequences. The use of reasonableness appears, in this way, almost inherently grafted onto a pre-existing divide between facts and legal rules. Reasonableness would appear to be mainly engaged in the balancing of the semantic spectrums of law's provisions and their underlying axiological legitimations. To put it diversely, reasonableness seems to be confined within the semantic fluctuations of a major premise of syllogism and only indirectly focused on its minor premise and the translation of facts in legal terms.
internal-pdf://3520709538/Ricca-2020-Planning Facts Through Law_ Legal R.pdf.
Richard, Isabelle. 2013. "Fidelity in legal translation: Translation Strategies, English to the French, real and fake friends." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique 26 (3): 651-671. https://doi.org/10.1007/s11196-012-9279-4.
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Rico, Alberto. 2021. "Glosario de terminología jurídica inglés-español." Juringles. https://web.juringles.es/glosario/ingles-espanol.
Rodríguez Muñoz, Francisco José, and Susana Ridao Rodrigo. 2012. "La terminologia en diacronia: els camps lexicosemàntics de "conflicte" i "judici"." Revista de Llengua i Dret 58: 1-14.
ABSTRACT: Són pocs els precedents que, des d'una perspectiva interdisciplinària, s'han preocupat d'estudiar les variacions de sistematització i la definició dels vocables que pertanyen a diferents àmbits d'especialitat. Aquesta investigació pretén contribuir a l'anàlisi de les entrades lexicogràfiques que els diccionaris acadèmics, de caràcter general, han dedicat a tres parells de termes jurídics: (1) conflicte i disputa; (2) resolució alternativa de conflictes i resolució extrajudicial de conflictes; i (3) judici i jutge. Amb aquest objectiu, s'adopta una perspectiva diacrònica i, alhora, s'aporta un enfocament comparatiu a partir de la revisió de les definicions que ofereix una altra sèrie de vocabularis, en aquest cas, d'especialitat judicial. Finalment, l'anàlisi lexicosemàntica permet traçar una línia evolutiva en el definidor d'aquests termes, així com enfortir els llaços existents entre les ciències del llenguatge i del dret.
internal-pdf://1129566391/Rodríguez Muñoz-2012-La terminologia en diacro.pdf.
Rodriguez-Rubio, Santiago, and Nuria Fernandez-Quesada. 2020. "Towards Accuracy: A Model for the Analysis of Typographical Errors in Specialised Bilingual Dictionaries. Two Case Studies." Lexikos 30: 386-415.
ABSTRACT: This paper presents the results of research on typographical error analysis in two specialised bilingual paper dictionaries: Diccionario de terminos economicos, financieros y comerciales/A Dictionary of Economic, Financial and Commercial Terms (Ariel, 2012), and Diccionario de terminos jurfdicos/A Dictionary of Legal Terms (Arid, 2012). A model of errors is described, including similar errors and errors that are repeated both intratextually and intertextually. The error frequency in A Dictionary of Economic, Financial and Commercial Terms is higher than the average error frequency in a reference corpus of fourteen dictionaries (mainly first editions). This indicates that repeated editions do not always guarantee a higher level of formal correctness. Our results also show that a high frequency of errors does not necessarily entail a high intratextual error repetition rate. On the other hand, we establish a relationship between typographical errors and the access function in dictionaries, as that kind of error can interfere with access to accurate lexicographical information and data retrieval (especially when they occur in lemmas or sublemmas).
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Rogers, Donna M. 1991. "Legal terms in Eiximenis’ "Regiment de la cosa pública"." Revista de Llengua i Dret 15 35-41.
internal-pdf://1335354314/Rogers-1991-Legal terms in Eiximenis’ _Regimen.pdf.
Sánchez, Judith, and Berta Vilageliu. 2006. "Didàctica i gestió de la terminologia jurídica en la modalitat semipresencial " Papers Lextra 2: 79-88.
internal-pdf://0628174901/Sánchez-2006-Didàctica i gestió de la terminol.pdf.
Sandrini, Peter. "Der Rechtsbegriff: Implikationen für die mehrsprachige Terminologiearbeit."
ABSTRACT: This article tries to outline the characteristics of legal concepts in general and their impact on terminography. It focuses on the specific features of legal concepts which justify a „Special Theory of Terminology“ as proposed by Wüster et al. for legal terms. The paper is based on continental Code Law systems. Concepts reflect the facts laid down by law. In the course of the administration of justice these rules must be applied to the concrete situations of single cases. The main function of legal concepts is to control the interaction of humans. A precise intensional definition of concepts would hinder the adaptation of the abstract rule to the single case in question, and leave no room for interpretation of laws and the adaptation of rules to new or changed social and moral environments. Furthermore the extensional definition of a legal concept can change considerably by application of the analogy principle, i.e. extending the applicability of a rule to other cases not provided for in the law. Legal concepts can therefore not be described adequately by intensional or extensional definitions. Establishing equivalences between concepts belonging to two or more legal systems requires therefore not just a comparison of definitions but an analysis of their respective functions within the legal system. Equivalence in this sense does not mean intensional identity of concepts. The aim of comparative legal terminology should be to provide an insight into the purpose of single concepts (and their terms) within the framework of a rule and a system of laws. Similar function or comparable purpose of the concept within a particular segment of the whole system of laws are the criteria for establishing links between concepts of different legal systems.
internal-pdf://3289099701/Sandrini-Der Rechtsbegriff_ Implikationen für.pdf.
Sandrini, Peter. 1996. "Comparative analysis of legal terms: Equivalence revisited." In Tke 96, edited by Christian Galinski and Klaus-Dirk Schmitz, 342-350. Frankfurt a.M.: Indeks Verlag.
internal-pdf://1244316345/Sandrini-1996-Comparative Analysis of Legal Te.pdf
Sandrini, Peter. 1999. "Legal Terminology. Some Aspects for a New Methodology." Hermes. Journal of Language and Communication Studies 22: 101-112.
internal-pdf://0434248622/Sandrini-1999-Legal Terminology. Some Aspects.pdf.
Sandrini, Peter. 2014. "Multinational Legal Terminology in a Paper Dictionary?" In Legal lexicography: a comparative perspective, edited by Máirtín Mac Aodha. Surrey: Ashgate.
internal-pdf://3617318037/Sandrini-Multinational Legal Terminology in a.pdf
Šarčević, Susan. 1991. "Bilingual and Multilingual Legal Dictionaries: New Standards for the Future." Meta: Journal des traducteurs 36 (4): 615-626. https://doi.org/10.7202/004030ar.
ABSTRACT: The structure of bilingual or multilingual works on legal terminology is explored. A discussion on interlingual legal lexicography pinpoints the issues underlying dictionary design and how they may be solved to increase their usefulness, also if no equivalent is available.
internal-pdf://3988570798/Šarčevič-1991-Bilingual and Multilingual Legal.pdf.
Šarčević, Susan. 1997. "Terminological problems of legal translation." In New Approach to Legal Translation. The Hague; Boston: Kluwer Law International.
internal-pdf://4146382276/Šarčevič-1997-New Approach to Legal Translatio.PDF
Schwab, Wallace. 2002. "A Quebec-Canada constitutional law lexicon (French to English)." Meta: Journal des traducteurs 47 (2): 279-280. https://doi.org/10.7202/008015ar.
ABSTRACT: This article contains a compendium of constitutionally relevant terms French and English. This lexicon is Canadian and Québec oriented.
internal-pdf://3800613769/Schwab-2002-A Quebec-Canada Constitutional Law.pdf.
Schwab, Wallace. 2002. "Art and juri-linguistics. Strange bedfellows or inseparable companions." Meta: Journal des traducteurs 47 (2): 154. https://doi.org/10.7202/008004ar.
ABSTRACT: The Language of the Law, if such a thing exists as some might maintain, is often a topic central to wordsmiths who must struggle with the multifarious manifestations and demands of expressing legal thinking, sometimes in only one language and at others in fifteen or dozens of languages. A truism of yesterday, today and tomorrow, the current contribution to this ongoing dialogue—as you will read—defines, explains, illustrates, teaches, categorizes, and dissects the workings of language when harnessed to express formal relations between human beings across language barri- ers. A fathomless subject!
internal-pdf://0493994967/Schwab-2002-Art and Juri-Linguistics. Strange.pdf.
Schwab, Wallace, ed. 2002. “Traduction et terminologie juridiques.” Special issue of Meta. Journal des traducteurs 47 (2).
Sempere Souvannavong, Juan David. 2010. "La migración magrebí en España." Polígonos: Revista de geografía (20): 71-90.
ABSTRACT: Spain and Maghreb have a very old relationship which is the result of a physical closeness and several centuries of all sorts of exchange.Nowadays, migration is one of the key issues in this relationship as more than 846.002 North-Africans currently live in Spain with a residence permit, 92% of them are Moroccan.Today's migration started with decolonization and there was a turning point in 1991, when visas where made compulsory. Despite of this, the North-African community has increased significantly since then. At the end of the 1990, Moroccans were by far the main foreign community in Spain. Since then it has gone up less than all the foreign groups together but they still are the main community of immigrants. The North-Africans are better established than other communities because of the way they settled, the structure of their communities and the long time they have migrated. Despite the economic crisis, this group is going to continue increasing because of family and economic migration, because people who have visas are going to come to Spain or, even though it is a minority, people are going to come to Spain illegally. At the same time as they are settling in social, economical and legal terms, we are also seeing the emergence of a mixed community which is going to play an important part in the complex relationship that links Spain and Maghreb.
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Seskauskiene, Inesa, and Justina Urbonaite. 2018. "Deprivation of liberty or imprisonment? Metaphorical motivation of some terms in the Criminal Code of the Republic of Lithuania and their translation into English." International Journal of Legal Discourse 3 (2): 173-195. https://doi.org/10.1515/ijld-2018-2007.
ABSTRACT: The paper sets out to examine the stability and motivation of collocations with the word laisve 'liberty, freedom' in the Criminal Code of the Republic of Lithuania and tendencies of their rendering into English. The methodology of research relies on the cognitive linguistic principles of embodiment, the understanding of metaphor in terms of cross-domain mappings, the relevance of context and frames. The results demonstrate very stable collocations in Lithuanian, all of which are metaphorically motivated and constitute legal terms. Their translation into English uncovers some tendencies of the same and different conceptualisation of such notions of criminal law as the restriction of liberty, deprivation of liberty, imprisonment and some others. The English terms, equivalents of the selected Lithuanian terms with the word laisve, are much less metaphorical than could be expected.
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Shesteryakova, I. V., I. A. Shesteryakov, A. A. Zaraiskiy, and A. Pavlova. 2020. "Legal Collisions in Labour Law: Problems of Translation and Use of Foreign Terminology." In Proceedings of the Philological Readings, In European Proceedings of Social and Behavioural Sciences, 773-780. London: European Publisher.
ABSTRACT: The article analyses issues of legal conflicts caused by linguistic problems. Previously such problems were solved only through the legal side, but recently more problems causing collisions have appeared, such as inaccuracy of translation of individual terms or existence of a term in English and the lack of its equivalent in Russian. The authors consider the fact that existence of law without collisions is impossible; this is true about the linguistic component. Thus, more discrepancy is found between the conceptual apparatus of international labour standards and national labour legislation of states. It especially concerns developing states, because their national labour legislation needs to be elaborated and closely revised. Nowadays the problem under study is relevant because new terms and concepts appear. The latter require the adoption of new national norms and entire sections in the labour codes of states, following the example of France and other European states. Collision problems also emerge when translators are fluent in language but lack knowledge of special legal terminology (the terms of labour law, theory of law, etc.). The authors state that to minimize the collisions the translator should have some basic knowledge of the professional language as well as of the linguacultural peculiarities of the states they translate for. The authors prove that nowadays learning a foreign language is growing into a popular and urgent tendency marked by the term "legal linguistics". The authors suppose it should help in present day communication between lawyers and legislators and contribute to resolving conflicts in law. (C) 2020 Published by European Publisher.
Sierocka, Halina. 2021. "How Vague is the Third Space for Legal Professions in the European Union?" International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique. https://doi.org/10.1007/s11196-020-09806-6. https://link.springer.com/content/pdf/10.1007/s11196-020-09806-6.pdf.
ABSTRACT: Legal concepts and notions are deeply affected by religions, ethics, philosophy and the culture of a particular nation. As Friedman (in: Nelken (ed) Comparing legal cultures, Dartmouth, Aldershot, 1997, p. 34) highlights, understanding legal culture (i.e. expectations, attitudes, values and ideas towards law and legal institutions) is a crucial factor as it both affects their translation and interpretation and consequently has an impact on the application of law. This increases in importance, for example, in the context of the principle of mutual trust and recognition of judgments assumed by the European Union as the cornerstone of judicial co-operation in the European Union, which would not be possible without the trust in each other's justice system and the respect for the different legal systems and traditions of the Member States. In that vein, 'the Third Space' (i.e. the legal translation process), where legal concepts and notions of multiple origins meet and where their meanings are negotiated, transformed, translated and integrated into various socio-political and cultural contexts has acquired an immense significance. Although there may be natural similarities between legal professions in the European Union, they could differ quite substantially as they are deeply rooted in the history and societal evolution of a country; therefore, they are generally regulated at a national, not a European level. In light of the above, the author intends to perform an in-depth analysis of key terminology in the field of names of legal professions which exist in the Member States of the European Union. The author focuses on the terms which refer to the legal profession of lawyers as they might pose obstacles in translation and interpretation due to different functions and roles these legal professionals play in their legal systems or due to the lack of their equivalents in other legal systems. The terminology is compared to present similarities and differences in their meaning, particularly putting some emphasis on socio-political and cultural contexts. The research methods encompass the analysis of relevant literature and the terminological analysis of the research material, which includes the information on legal professions provided by particular Member States on the European e-Justice portal and relevant national regulations in that respect. Finally, the author draws the conclusion that a thorough analysis of the functions and roles of a particular legal profession in socio-political and cultural contexts is required before the translation and interpretation of the term is provided as it helps to avoid ambiguity and makes legal communication precise.
internal-pdf://2426205749/Sierocka-How Vague is the Third Space for Lega.pdf.
Simonnaes, Ingrid. 2009. "Legal Terminology - a Description Model. The Russian Intellectual Property Law." Fachsprache-Journal of Professional and Scientific Communication 31 (3-4): 179-183.
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Sin, King Kui. 2013. "Out of the Fly-Bottle: Conceptual Confusions in Multilingual Legislation." International Journal for the Semiotics of Law 26 (4): 927-951. https://doi.org/10.1007/s11196-013-9313-1.
ABSTRACT: Conceptual confusions permeate all forms of intellectual pursuit. Many have contended that multilingual legislation, i.e., one law enacted in different languages, is unviable when carried out by means of translation. But not many have realized that the same would also be true of drafting if their contention could be justified. My involvement in the translation of Hong Kong laws into Chinese in the run-up to 1997 exposed me to a whole world of myths and misconceptions about legal translation arising from our failure to command a clear view of the workings of language. Over the years I have endeavoured to come to grips with the problems inherent in legal translation, showing that the arguments against the possibility of exact translation, against the possibility of achieving equivalence between different language texts of the law, and against the possibility of bridging the conceptual gap between legal terminologies in different languages, are all ill-grounded and mis- guided. There are indeed enormous difficulties in drafting and translating multilingual law, but they are essentially of a technical nature, by no means theo- retically irresolvable. The viability of multilingual legislation is simply grounded in our innate communicative intention to use signs and symbols to convey meaning. As language users, we are capable of making language work for us for any par- ticular purpose. Just as we can translate the rules of chess from one language to another whereby players speaking different languages can play the same game called “chess”, we don’t see why we can’t do the same with multilingual legislation. The door has always been open!
internal-pdf://2426206275/Sin-2013-Out of the Fly-Bottle_ Conceptual Con.pdf.
Snow, Gérard. 2002. "Le use de la common law : étude terminologique." Meta: Journal des traducteurs 47 (2): 186-197. https://doi.org/10.7202/008008ar.
ABSTRACT: Twenty years ago, work began on the standardization of a French-language terminology for the common law in Canada under the auspices of the National Program for the Integration of Both Official Languages in the Administration of Justice (POLAJ). Using his research on the term “use,” the author provides an overview of the pre-standardization research and analysis process involved and the problems faced by terminologists in transposing legal concepts from one language to the other.
internal-pdf://3214069002/Snow-2002-Le use de la common law _ étude term.pdf.
Solà, Amadeu. 2001. "Governança i governabilitat: una proposta terminològica." Revista de Llengua i Dret 35 9-30.
ABSTRACT: The English terms governance and governability have taken on a new meaning and their Catalan and Spanish translations are still being debated. The term governance comes from the French (14th century) and has been adopted by the other Romance languages. The controversy unleashed in Spanishspeaking countries and the confused translation of these concepts (normally the term gobernabilidad is used for both meanings) may be explained by the difficulty of precisely defining the two concepts and by the short history of both. Governance appeared at the end of the 20th century, first in the term corporate governance, the structure and mechanisms that enable the direction and management of a company with a view towards increasing its value and guaranteeing its financial viability. In 1989, the term good governance was used for the first time. Good governance defines the ensemble of traditions and institutions that make it possible to exercise authority in a country, thereby ensuring proper management of public resources. Since 1989, the system of international aid has conditioned governance, and mention has been made of network governance, the global, neoliberal system in which the economy takes precedence over politics and where civil society must take on an active role. The quality of governance generates the conditions that make governability possible. The advantage of the Spanish terms gobernanza and gobernabilidad is that they clearly define these two new political economic realities, avoid confusion and are the same words that are used in French, Italian and Portuguese.
internal-pdf://0719885343/Solà-2001-Governança i governabilitat_ una pro.pdf.
Solé i Cot, Sebastià. 1986. "Notes sobre terminologia jurídica." Revista de Llengua i Dret 7: 69-74.
internal-pdf://0628174945/Solé i Cot-1986-Notes sobre terminologia juríd.pdf.
Soler Fontrodona, Francesc de P. 1994. "Necessitat d'una normativa lingüística del llenguatge jurídic. El seu àmbit." Revista de Llengua i Dret 22 71-79.
ABSTRACT: Una plena normalizacion lingüística en el ámbito judicial catalán implica resolver una serie de problemas que afectan tanto al uso externo de la lengua como a la regulación de esta. Para que el catalán sea utilizado en los tribunales de justicia de Cataluña, el jurista debe disponer de un instrumento lingüístico correcto. Centrándose en el aspecto de la normativización del catalán, el autor hace un repaso histórico del establecimiento del catalán estándar y su normalización. El lenguaje de los juristas, como parte de la lengua estándar, necesita uniformidad ortográfica, una gramática normativa clara y un diccionario normativo oficial. La causa de la difícil actualización del lenguajer jurídico catalán ha sido la falta, en el pasado, de una lengua estándar y el desconocimiento, por parte de los juristas, de la terminología jurídica catalana. Aunque el lenguaje jurídico se basa en la lengua normalizada, este no puede ser una lengua vernácula. El lenguaje de los juristas necesita precisión de conceptos, traducir fielmente y debe evitar la polisemia como el uso de un dialecto concreto, aunque se permita el uso de ciertas formas dialectales. El lenguaje jurídico catalán debe atenerse a la normativa de la lengua estándar, además de utilizar una terminología especial y de respetar ciertas normas de redactado. Existen, asimismo, regulaciones de carácter general que afectan al lenguaje jurídico catalán. Un diccionario de términos jurídicos y equivalencias de términos para poder traducir, sin ambigüedades, otras legislaciones es el material imprescindible para evitar que la mayoría de juristas catalanes siga escribiendo en castellano.
internal-pdf://4057784570/Soler Fontrodon-1994-Necessitat d'una normativ.pdf.
Madrid. Terminología jurídica en América Latina.
Sparer, Michel. 2002. "Peut-on faire de la traduction juridique ? Comment doit-on l’enseigner ?" Meta: Journal des traducteurs 47 (2): 266-278. https://doi.org/10.7202/008014ar.
ABSTRACT: This article provides the opportunity to formulate a few considerations regarding the comprehension of what is, or should be, legal translation and how translators are trained to cope with such translation. It is an attempt to address certain issues or biases found in questions such as: Can legal texts be translated? Should one be a trained legal specialist to do such translation? Are undergraduate university courses sufficient for preparing translators in this field? Canadian law is expressed here in two languages. But Canada and Québec are home to two traditions of law, hence a context with two legal vocabularies: a bilingual common law vocabulary, in all four specialized vocabularies. Like all things, languages evolve. Finding a perfect and stable equivalence linking two terms in French and English is a daunting task that in the absolute smacks of the impossible.
internal-pdf://2638727453/Sparer-2002-Peut-on faire de la traduction jur.pdf.
Šprcová, Ilona. 2013. "Basic and further training and development of legal translators and court interpreters." FIT 11th International Forum: The Life of Interpreters and Translators - Joy and Sorrow?, Belgrade.
Abstract: Work of legal interpreters and translators is very demanding. It seems obvious that they must have profound knowledge of both, foreign language(s) and their mother one, legal terminology and syntactical patterns of the professional language used by legal professionals, deep understanding of legal systems and proceedings relevant for their working languages, rhetoric skills, ability to apply the relevant interpretation techniques as well as to cope with stressful situations. Interpreters and translators should seek continuing professional education and continuously develop their skills. Interpreting before courts and authorities and translations for such institutions is continuously undergoing many changes arising from gradual improvement of legal awareness of recipients of the services of court translators and interpreters, and also from generally increased requirements regarding judicial proceedings and quality of interpreting and translating in the course of them. As there is no educational institution specializing in education of legal translators and interpreters in the Czech Republic, the Chamber of Court Interpreters and Translators is trying to fill in this gap by offering specialization courses in cooperation with its partners – mainly universities and other specialized institutions. The Chamber organizes various seminars, meetings, briefings and trainings for interpreters and translators. As a non-political organization, the Chamber participates also in preparing and negotiating drafts of legal regulations concerning interpreters and translators and their work, including the formulation of ethical principles of our profession.
internal-pdf://1129566130/9_Sprcova_Basic and Further Training and Devel.doc
Stefkova, Marketa. 2018. "Boundaries of (Un)Translatibility of National Legal Terminology in the Context of European Harmonization Tendencies." Roczniki Humanistyczne 66 (5): 39-48. https://doi.org/10.18290/rh.2018.66.5s-5. https://ojs.tnkul.pl/index.php/rh/article/download/6770/6532.
ABSTRACT: Full equivalence between legal concepts from different legal systems is difficult to achieve in legal translation. Legal concepts in one legal system are not easy to transfer to another legal system, a process which is similar to the complexity of translating culture-bound concepts in general. Interpretation, partial equivalence, description equivalence, functional equivalent are frequent strategies applied by legal translators in order to overcome the challenges in translating legal concepts. In this article, we will discuss the boundaries of the (un)translatability of legal concepts from the perspective of the growing internationalization of law within the EU. On the basis of examples, we will illustrate the adoption of harmonized supranational legal concepts into national legislation. Next, we will deal with the problem of translating via a third language. Finally, we will summarize some tendencies in legal translation as a result of the process.
internal-pdf://2053999402/Stefkova-2018-Boundaries of (Un)Translatibilit.pdf.
Szantova Giordano, Stella. 2012. "“We Have to Get By”: Court interpreting and its impact on access to justice for non-native English speakers." International Journal of Law, Language & Discourse 2 (2).
ABSTRACT: Non-native English speakers find themselves on an unequal footing in American courts. While some of them possess reasonable proficiency in conversational English, almost all have poor or no proficiency in legal English, including the complex legal terminology used in the courtroom. Since legal language is heavily dependent on the legal system in which it is used, litigants who lack this understanding may fail to fully appreciate what is transpiring in the courtroom. Worse still, interpreters who lack it may interpret inadequately or completely incorrectly. While American federal and state judiciaries purport to provide non- native English speakers with equal access to justice through court interpreters, the reality is that the existing court interpreting system fails to protect their rights. Two pivotal problems are the lack of certification programs for prospective interpreters of minority languages and a deficient system of court interpreter appointment, often resulting in the selection of unqualified “interpreters.” This article explores the issues in the current court interpreting regime and suggests systemic improvements in court interpreter appointment and administration.
internal-pdf://0943947679/Szantova Giorda-2012-“We Have to Get By”_ Cour.pdf.
Tamm, Ditlev, and Helle Vogt. 2013. "Creating a Danish legal language: legal terminology in the medieval Law of Scania." Historical Research 86 (233): 505-514. https://doi.org/10.1111/1468-2281.12007.
internal-pdf://4262421380/Tamm-2013-Creating a Danish legal language_ le.pdf.
Tarasov, Alexander A., Vladimir I. Khairoulline, and Alia R. Sharipova. 2019. "International standards of the defendant's legal status and the problem of legal terminology translation." Vestnik of Saint Petersburg University-Law-Vestnik Sankt-Peterburgskogo Universiteta-Pravo 10 (2): 260-273. https://doi.org/10.21638/spbu14.2019.205. https://lawjournal.spbu.ru/article/download/5166/4379.
ABSTRACT: A comparative analysis of the European Convention English and its official Russian variants, as well as the text of the Russian criminal procedure law and the accepted theoretical understanding of European Convention notions and terms, allows us to reveal extra possibilities for comprehending the systemic sense of the international standards of human rights and justice. The European Convention describes a prosecuted person as someone charged and who has a minimum set of rights. The official Russian translation uses the term, although the minimum of rights stretches to cover not only the Russian/a accused person (article 47 of the Russian Federation Criminal Procedure Code), but also the suspect as well (article 46 of the Russian Federation Criminal Procedure Code). In this case, the Russian translation offers a narrower meaning to the term used in the Convention. Nonetheless, the systemic sense requires a broader interpretation of the term and of the array of rights of the Russian suspect and corresponding duties of law enforcement bodies. In other cases, the Russian translation employs terms with a broader meaning compared to the analogous English terms; for example, the Russian word combination. possesses a broader meaning than the English through legal assistance. The analysis of the literal translation of the text of the European Convention may be useful not only for the
internal-pdf://3616831228/Tarasov-2019-International standards of the de.pdf.
ten Hacken, Pius. 2010. "Creating Legal Terms: A Linguistic Perspective." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 23 (4): 407-425. https://doi.org/10.1007/s11196-010-9164-y.
ABSTRACT: Legal terms have a special status at the interface between language and law. Adopting the general framework developed by Jackendoff and the concepts competence and performance as developed by Chomsky, it is shown that legal terms cannot be fully accounted for unless we set up a category of abstract objects. This idea corresponds largely to the classical view of terminology, which has been confronted with some challenges recently. It is shown that for legal terms, argu- ments against abstract objects are not pertinent. As abstract objects are not natural, it is important to consider their creation. Two types of creation are distinguished and illustrated, one for new concepts and one for terms corresponding to existing general language concepts. In the latter case, it is important for the abstract object to remain close enough to the intuitive prototype. At the same time, legal terms as abstract objects are shown to have a natural place in relation to legal theory.
internal-pdf://1889947161/ten Hacken-2010-Creating Legal Terms_ A Lingui.pdf.
Terral, Florence. 2004. "L’empreinte culturelle des termes juridiques." Meta: Journal des traducteurs 49 (4): 876-890. https://doi.org/10.7202/009787ar.
ABSTRACT: Legal terminology has two main characteristics: it is technical, because it uses a specialised vocabulary and it is culturally bound because law is above all a social science. The problem of technicality is common to all languages for special purposes. However, the culturally bound aspect of legal language is particular – though not exclusive – to the legal terminology because of the close relationship existing between legal language and the legal system. A more thorough study of this relationship will show, on the one hand, that different situations in which legal translation is used and, on the other hand, that several specific terminological difficulties of legal translation stem from the relationship between legal language and the legal system. The translator has to be particularly aware of these difficulties to avoid the pitfall of using too systematically predetermined terminological correspondences.
internal-pdf://2322585072/Terral-2004-L’empreinte culturelle des termes.pdf.
Thiry, Bernard. 2000. "Equivalence bilingue en traduction et en terminologie juridiques : Qu'est-ce que traduire en droit ?" In La Traduction Juridique. Histoire, théorie(s) et pratique / Legal Translation. History, Theory/ies and Practice, edited by GREJUT. Ginebra: Ecole de Traduction et d'Interpretation, Université de Genève.
internal-pdf://1869470106/Thiry-2000-Equivalence bilingue en traduction.pdf
Thiry, Bernard. 2009. "La motivación de los términos en terminología: cómo la terminología jurídica asume los riesgos de su evolución." Revista de Llengua i Dret 51: 161-185.
internal-pdf://1960709844/Thiry-2009-La motivación de los términos en te.pdf.
Torres Hostench, Olga. 2006. "Propostes lúdiques per a la didàctica de la terminologia jurídica." Papers Lextra 2: 73-79.
internal-pdf://3516616606/Torres Hostench-2006-Propostes lúdiques per a.pdf.
Tribunal Constitucional, Álvaro Rodríguez Bereijo, José Gabaldón López, Fernando García-Mon y González-Regueral, Vicente Gimeno Sendra, Rafael de Mendizábal Allende, Julio Diego González Campos, Pedro Cruz Villalón, Carles Viver Pi-Sunyer, Enrique Ruiz Vadillo, Manuel Jiménez de Parga y Cabrera, Javier Delgado Barrio, and Tomás S Vives Antón. 1995. "Auto del Tribunal Constitucional núm. 172/1995." ATC 172/1995.
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Trzaskawka, Paula, and Joanna Kic-Drgas. 2021. "Culturally Immersed Legal Terminology on the Example of Forest Regulations in Poland, The United Kingdom, The United States of America and Germany." International Journal for the Semiotics of Law-Revue Internationale De Semiotique Juridique. https://doi.org/10.1007/s11196-020-09817-3. https://link.springer.com/content/pdf/10.1007/s11196-020-09817-3.pdf.
ABSTRACT: The importance of forests is reflected in the national forest legislation which has been developed and implemented in European countries over recent years. Due to regional and national specificities, forest regulations include culturally immersed terms specific to the described area. The aim of this paper is to analyses the culturally driven legal terms existing in specific legal regulations concerning forestry in Germany, the United Kingdom, the United States of America and Poland, and identify possible ways of translating them. In order to take the interdisciplinary nature of the issue into account, the degree of hybridity of the selected texts will be examined by means of corpus analysis. The methodology applied in the paper uses a comparative approach. Additionally, the authors also resort to the aforementioned corpus analysis, as well as the analysis of comparable texts and the analysis of terminology according to the three categories of equivalence as determined by Sarcevic (New Approach to Legal translation, Kluwer Law International, Hague, 1997), and the techniques of providing equivalents for non-equivalent or partially equivalent terms (Matulewska A, in: Lingua Legis in Translation, Peter Lang Publishing House, 2007) as research methods. The material used for analysis comes from selected German, English and Polish legal acts regulating forest management and maintenance that are considered as corpora for the selection of culturally immersed terminology, namely: (i) the Polish Act on Forests of 28th September 1991 [Ustawa z dnia 28 wrzesnia 1991 r. o lasach], (ii) Title 16 U.S. Code Chapter 2-National Forests, (iii) Forestry Act 1967, Chapter 10 (the United Kingdom), (iv) German Forestry Act 1975 [Gesetz zur Erhaltung des Waldes und zur Forderung der Forstwirtschaft (Bundeswaldgesetz) von 1975]. The paper concerns potential problems that could occur in the translation of culturally immersed legal terminology due to the terms' rigidity and high degree of specificity. The studies presented will allow conclusions to be drawn regarding the possibilities and strategies for translating culturally immersed terms. In addition, the availability of terminological dictionaries for these language pairs will be discussed.
internal-pdf://3516616020/Trzaskawka-Culturally Immersed Legal Terminolo.pdf.
Urrutia Badiola, Andrés M. 2009. "Dominique Dufau (1880-1956) notario senpertarraren testu juridikoak euskaraz: lexikoa eta itzultze-lana." Anuario del Seminario de Filología Vasca Julio de Urquijo: International journal of basque linguistics and philology 43 (1): 909-950.
ABSTRACT: Few juridic texts are known in the Basque languague?s history. They have an strong interest, both for the linguists as for the lawyers. In the same way they are a truthful tool to know the Basque strategies for the expression of the law and contract spaces. In this way, the text remembers Dominique Dufau (1880-1956) public notary, ?Euskaltzaleen Biltzarra? society?s treasurer and Basque writer. His command of the Basque language and of the fine notarial technique give us a powerful comprehension of two legal documents that he translated into Basque during the 1927 and 1930 years. In this article are included both linguistical and legal topics, in a way to show the use of Basque as an official language for French notarial documents. The article includes too a brief terminological list with French and Basque legal terms.
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Vanden Bulcke, Patricia. 2013. "Dealing with deontic modality in a termbase: the case of Dutch and Spanish legal language." Linguistica Antverpiensia 12: 12-32.
ABSTRACT: In this article, we analyse, on the basis of comparable corpora (Dutch– Spanish) of the same legal genre, that is, the Articles of Association, an aspect of cross-linguistic variation, namely the expression of deontic modality. We also examine the ways in which the findings of the study can be processed into a bilingual, translator-friendly legal termbase (JuriGenT). In doing so, we map out the asymmetry, which is mainly attributable to the use of tenses, and duly process this in the relevant term records, taking the view that the translator should be aware of the similarities and differences of their usage so as to be able to make well- considered translation decisions.
internal-pdf://2639188875/Vanden Bulcke-2013-Dealing with deontic modali.pdf.
Vasiljevic, Vera. 2016. "ÜbersetzerInnen mit Übersetzungsausbildung oder zweisprachige RechtsexpertInnen? : ein Vergleich zwischen Studierenden der Translationswissenschaft und Studierenden der Rechtswissenschaften beim Rechtsübersetzen mit Blick auf kulturspezifische Rechtsbegriffe." MA dissertation, Translation and Interpreting Studies, Karl-Franzens-Universität Graz.
ABSTRACT: This master thesis deals with a jurisdictional struggle in the field of legal translation between translators holding a university degree in translation and bilingual law experts with no formal translation training. The latter are termed ‘non-professional translators in this study (also known as ad hoc, natural and native translators). This jurisdictional struggle will be presented in the context of the Polysystem Theory, where society dictates how translation is defined and agents provide their services offering competing understandings of how translations should be like. In the empirical part of the thesis, the translations of undergraduate translation students (group 1) and bilingual law students (group 2) will be compared taking culture-bound legal terms as the focus of the study. The comparison aims to illustrate potential differences between these two groups, not only as to how they proceed with those terms but also as to how they understand how they should translate. Their translation decisions and the impact of their training will be analysed. It was hypothesized that group 1 would translating paying more attention to the source culture than group 2. The latter, on the other hand, was expected to focus on the target culture when producing equivalents. By using a quantitative method, the first hypothesis was confirmed. It was further hypothesized that group 1 would strongly follow the norms imparted in their undergraduate translation training, that is, that agents participating in the translation process and other translation-related factors would show a clear impact in their decision-making processes. By using a qualitative method, this hypothesis was also confirmed. However, the results of the analysis showed that both hypotheses can only be partly confirmed, as the focus of the subjects on the source or target culture and the bearing of agents expectancies on translation decisions were shown to depend more strongly on their experience with legal texts in translation training and their real-life experience with translation.
internal-pdf://1376709876/Vasiljevic-2016-ÜbersetzerInnen mit Übersetzun.pdf.
Vaupot, Sonia. 2009. "L'enseignement de la terminologie juridique française à un public slovène." Terminology 15 (1): 119-143. https://doi.org/10.1075/term.15.1.07vau.
ABSTRACT: Terminology is part of the program of university degree in Slovenia. The purpose of the paper is to study some parameters in terminology teaching within the framework of French legal terminology offered by the Department of Translation at the Faculty of Arts in Ljubljana. The program takes into account multiple aspects, which represent an important issue in translation. Mastering legal terminology is often a source of difficulties, since law, as any specialized discipline, uses its own vocabulary. The present article suggests an analysis of some specificities of legal terminology in particular for the teaching of the French legal system in Slovenian legal education.
internal-pdf://0995706857/Vaupot-2009-L'enseignement de la terminologie.pdf.
Vazquez, Merce, Antoni Oliver, and Georgina Ubide. 2018. "Iate's Legal Terminology in Catalan." Revista De Llengua I Dret-Journal of Language and Law (69): 139-153. https://doi.org/10.2436/rld.i69.2018.3010. http://revistes.eapc.gencat.cat/index.php/rld/article/download/10.2436-rld.i69.2018.3010/n69-vazquez-oliver-ubide-ca.pdf.
ABSTRACT: Europe's institutions draw up a wide variety of laws and documentation belonging to different fields of knowledge, which are translated into all the official languages of the European Union. This set of laws and provisions constitutes the body of European law (the acquis communautaire) and encompasses all applicable community legislation. The terminology contained in this body of European law is gathered together in the IATE (InterActive Terminology for Europe) multilingual terminology database. As of today, the legislation and other documentation constituting this body of law are not available in Catalan, and so neither does the associated terminology form part of the IATE database. To possess the broadest possible collection of legal terminology present in IATE in Catalan, taking advantage of existing terminological directories, in this article, we present a working method that permits selection of the legal terminology present in IATE and the automatic location of the associated equivalents translated into Catalan. The results obtained confirm that taking advantage of pre-existing terminological resources permits quick and efficient supplementing of the IATE database with the associated terms in Catalan. This approach opens up the possibility of creating new terminological directories in Catalan to complement IATE's thematic areas and that may be made available to specialists, translators, correctors and language users in general.
internal-pdf://1376709582/Vazquez-2018-Iate's Legal Terminology in Catal.pdf.
Vázquez, Mercè, Antoni Oliver González, and Georgina Ubide. 2018. "La terminologia jurídica del IATE en català." Revista de Llengua i Dret (69): 139-153.
ABSTRACT: Les institucions europees elaboren una gran diversitat de lleis i documentació que pertanyen a diferents àmbits de coneixement i que són traduïdes a totes les llengües oficials de la Unió Europea. Aquest conjunt de lleis i disposicions constitueix el cabal comunitari (acquis communautaire) i conté el conjunt del dret comunitari vigent. La terminologia que és present en el cabal comunitari es troba recollida en la base de dades terminològica multilingüe IATE (InterActive Terminology for Europe). Actualment les lleis i la documentació que constitueixen el cabal comunitari no estan disponibles en llengua catalana i, en conseqüència, la terminologia corresponent tampoc no forma part de la base de dades terminològica IATE. Per a disposar del recull més ampli possible de terminologia jurídica present en el IATE en llengua catalana aprofitant repertoris terminològics existents, en aquest article presentem un mètode de treball que permet seleccionar la terminologia jurídica present en el IATE i localitzar de manera automàtica els corresponents equivalents de traducció en català. Els resultats obtinguts confirmen que l'aprofitament de recursos terminològics ja disponibles permet completar la base de dades IATE amb les corresponents denominacions en llengua catalana de manera ràpida i eficaç. Amb aquest mètode de treball s'obre la possibilitat de crear nous repertoris terminològics en llengua catalana que serveixin per a completar els diferents àmbits temàtics del IATE i que puguin estar a disposició d'especialistes, traductors, correctors i usuaris de la llengua en general.
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Vicén Antolín, Carlos. 2002. Diccionario de expresiones y términos jurídicos latinos. In Cedecs derecho. Barcelona: Cedecs.
Viens, Christine, Georges L. Bastin, Solange Duhamel, and Roselyne Moreau. 2002. "L’accréditation des interprètes judiciaires au Palais de justice de Montréal." Meta: Journal des traducteurs 47 (2): 289-293. https://doi.org/10.7202/008016ar.
ABSTRACT: The complexity of the profession of an interpreter is obvious in the legal milieu, where the lack of providing quality service could have a major impact on the rights and liberties of people. This article first draws an outline of legal interpreting services, followed by the issue that led to adopt a qualification process for legal interpreters called to work for the Ministery of Justice of Québec. Finally, the principal elements of this process are described.
internal-pdf://3006257217/Viens-2002-L’accréditation des interprètes jud.pdf.
Vitalaru, Bianca. 2019. "Organización temática de terminología jurídica para traductores: proceso de elaboración de una ontología del proceso penal en español-rumano-inglés." [Thematic Organization of Legal Terminology for Translators: Designing an Ontology for Criminal Procedure in Spanish-Romanian-English] Hermeneus: Revista de la Facultad de Traducción e Interpretación de Soria (21): 463-514. https://doi.org/10.24197/her.21.2019.463-514. https://revistas.uva.es/index.php/hermeneus/article/download/4054/3211.
ABSTRACT: This research arises as a response to a need identified both in the professional practice of legal translation and in the actual training process: the lack of bilingual legal materials for professional translators and interpreters in the Spanish-Romanian language combination. The main objective of this paper is to describe the process of developing a tool that allows the thematic organization of knowledge, i.e., an ontology of trilingual legal terminology (Spanish-Romanian-English) for translators, as a practical solution to this need. The tool designed is proposed as a model to be followed and adapted and it is part of a broader research process that includes a comparison of legal systems, of text types, of languages and of specific terminology considering the three countries involved (Spain, Romania and United Kingdom). It mainly includes terms related to the criminal procedure as well as a classification of offenses, all of them organized on the basis of the relationship between the main concepts they are based on.
internal-pdf://3802518967/Vitalaru-2019-Organización temática de termino.pdf.
Wai-Yee, Emily Poon. 2002. "The pitfalls of linguistic equivalence: The challenge for legal translation." Target 14: 75-106.
ABSTRACT: This paper discusses the problems of legislative translation in Hong Kong through the study of the rules adopted by the Department of Justice to select equivalent lexical terms and from the examination of the sentence structure and legislative expressions in pre-modern and modern ordinances. While literal translation can be effective in achieving "equal intent" on comparison with the original text, this paper will examine supplementary approaches in an attempt to address the problems and contradictions previously experienced in legislative translation and to increase the effectiveness of the translated text.
internal-pdf://2376240485/Wai-Yee-2002-The pitfalls of linguistic equiva.pdf.
Wang, X., L. Cheng, Q. Ma, J. Du, and L. Hale. 2014. "Understanding, Interpreting and Translating the Law: A Case Study of "gonggongliyi"." In Fourth International Conference on Law, Language and Discourse, 149-155. Marietta: Amer Scholars Press.
ABSTRACT: Legal translation should not be word-by-word. First of all, translating legal terms or documents is not expected to be effective unless the translator thoroughly interprets the legal systems of both languages (Chinese and English); then, explanations or definitions of legal terms are necessary in both linguistic contexts; thirdly, elements behind the superficiality of the definitions or explanations in the two languages should be sought; at last, the translation can be processed. In this paper, the author will focus on the third step. It is clear that the determinants (e.g. history, culture, and social cognition, etc.) of defining a legal term are diverse and inexhaustible. The author will first discuss how social cognition and legal systems of the source language and target language interact with each other. Second, the paper will demonstrate how different social cognition exert influences on defining the same legal terms. At last, the paper will seek a solution that can handle the non-overlapping parts and process a sound translated version of the term. In conclusion, the goal of legal translation is to create a similar or at least quasi-similar legal system in the target language (English).
Wenckstern, Manfred. 2018. "Designing Last Wills and Inheritance Contracts." Rabels Zeitschrift Fur Auslandisches Und Internationales Privatrecht 82 (2): 299-314. https://doi.org/10.1628/rabelsz-2018-0004.
ABSTRACT: The article describes in its first part the work of a German lawyer in the field of last wills and inheritance contracts. The practitioner's work starts with a detailed determination of the legal, economic and social situation of the client as the point of departure. The second step consists in determining the aims of the client. Does he want to deviate from the rules of intestate succession? If yes, the lawyer has the task of translating these aims into legal concepts, i.e. legal clauses and terms of the last will. For guidance and help, a huge mass of German legal literature is available. Afterwards, the lawyer has, among other obligations, the task of explaining the chosen legal terms to the client using colloquial language. In the second part the article deals with the creation of legal clauses and terms in four cases: The first case concerns the limitation of the binding effects of spouses' interdependent joint wills. The second case treats the compulsory portion of children in the context of spouses' joint wills: How can it be avoided that a child asks for his compulsory portion after the death of his first parent? The third case concerns the structure of a last will of parents whose child is physically and / or mentally disabled and therefore dependent on social welfare. These parents often have the aim of furthering their child on beyond the existing social welfare schemes. The social welfare authorities long tried to secure the estate as a compensation for their expenditures. However, the Federal Supreme Court (Bundesgerichtshof) has in three judgments ruled that a carefully drafted and quite complicated last will in favour of a disabled child is not against public policy and therefore is to be accepted by the public authorities. The fourth case concerns the European Regulation on Inheritance Law. As early as two years before its entry into force, German authors published proposals suggesting new legal clauses.
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Wharton, J J S, and J M Lely. 1892. Wharton's Law-lexicon: Forming an epitome of the law of England; and contaning full explanations of the technical terms and phrases there of, both ancient and modern. 9th ed. London: Stevens & Sons.
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Wiesmann, Eva. 2004. "Neue Wege der Beschreibung von Rechtstermini: der semasiologisch-onomasiologische Ansatz der Begriffsbestimmung und seine Bedeutung für den Rechtsübersetzer." Linguistica Antverpiensia: 37-51.
ABSTRACT: Within the framework of modern terminological findings, a new approach for the description of legal terms is presented which attempts to overcome the limitations posed by the traditional conceptual understanding of Wüster’s theory of terminology. The central question deals with the role of definition, which is of importance in the delimitation of legal terms, but more so and particularly in the formation of legal concepts. Viewed from the perspective of a modern conceptual understanding, legal concepts are the result, not the object of definition. Often, however, they may be formed through definitions only in the core area, but not in the marginal area important for the differentiation of legal concepts, and this means that further debate on the objects of law is required. By defining legal terms, and not legal concepts, a basic precondition is created for taking into consideration not only the subject specialist but also the linguistic context, and thus for fully taking into account the needs of the legal translator.
internal-pdf://3732194505/Wiesmann-2004-Neue Wege der Beschreibung von R.PDF.
Williman, D. 1986. Legal terminology. Broadview Press Ltd.
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Wissik, Tanja, and Claudia Resch. 2019. "Legal Aspects in historical Leaflets of the 18th Century." Fachsprache-Journal of Professional and Scientific Communication 41 (1-2): 41-60.
ABSTRACT: This paper documents the corpus-based investigation of a collection of historical broadsheets from the 18th century with regards to the use of legal terminology and explores the specific language features of the genre in terms of legal terminology with the help of digital methods. Elements of specialized language cannot only be found in specialized text but also in other text genres, among them media texts. The article aims to contribute to research into historical legal terminology of the 18th century, while simultaneously bringing into focus a little-explored media format, the historical execution broadsheets also known as "Death Sentences".
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Wuerdinger, Markus. 2011. "The Principle of Unity in the European Private International Law and Procedural Law Governing Contractual and Non-Contractual Obligations A Methodological Examination of the Practical Concordance between the Brussels I, Rome I and Rome II Regulations." Rabels Zeitschrift Fur Auslandisches Und Internationales Privatrecht 75 (1): 102-126. https://doi.org/10.1628/003372511794052164.
ABSTRACT: The following conclusions can be drawn about European private international law and procedural law: 1. The two crucial questions of every trial having an international dimension - the question of international jurisdiction and that of the applicable law - are to be separated (principle of separation in European private international law and procedural law). In principle, in European private and procedural law, there is no automatic correlation between forum and ius. 2. The regulatory purpose of the Brussels I Regulation differs from that of its sister regulations on the conflict of laws, Rome I and Rome II. European procedural law, at its source, seeks to protect the defendant, and therefore the place of general jurisdiction follows the Roman law principle of actor sequitur forum rei. By contrast, private international law, by use of the principle of the closest connection, aims to apply the law which is most closely related to the relevant subject matter. This difference consequently leads to conceptual differences between the Brussels I Regulation on the one hand and the Rome I and Rome II Regulations on the other (e.g. several venues and one legal system). 3. The question of synchronization with respect to Brussels I, Rome I and Rome II needs to be resolved on the level of interpretation. With respect to the predecessors of these regulations, the European Court of Justice had similarly resorted to an interpretation correlation. Besides the autonomous interpretation of the respective regulation on the vertical interpretation axis, the concordance imperatives of the recitals in the Rome I and Rome II Regulation have to be considered (on the horizontal interpretation axis). These must be taken into account in the course of a purposive interpretation, and they argue against relativity of the respective legal terms and for a consistent interpretation beyond the limits of each regulation. The general concordance imperatives in recitals no. 7 of the Rome I and Rome II Regulations need to be distinguished from the special concordance imperatives (see recital 17 phrase 1 of the Rome I Regulation and recital 24 phrase 2 of the Rome I Regulation). Between the Regulations there is an interpretation correlation; all three instruments of European private international law and procedural law must be seen and interpreted as a single mutually connected entity (coherence of interpretation). This is a question of practical concordance. 4. Whoever deviates from a synchronized interpretation and endorses a relativity of the legal terms carries the burden of argumentation and has to give purposive reasons for this opinion. Otherwise, the principle of the unity of the Regulations applies.
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Xirinachs i Codina, Marta. 1995. "Terminologia jurídica." In La redacció de les lleis, edited by GRETEL, 53-68. Barcelona: Generalitat de Catalunya, Escola d'Administració Pública de Catalunya.
Zigon, Tanja. 2020. "Matej Cigale (1819-1889) as schoolbook translator." Acta Neophilologica 53 (1-2): 167-182. https://doi.org/10.4312/an.53.1-2.167-182. https://revije.ff.uni-lj.si/ActaNeophilologica/article/download/9683/9155.
ABSTRACT: The jurist and linguist Matej Cigale (1819-1889) made his mark on Slovenian cultural history primarily as the editor of the Slovenian edition of the Official Law Gazette (Reichsgesetzblatt) and as the father of Slovenian legal terminology. However, Cigale also proved himself in other fields. Due to his excellent language knowledge, he was entrusted with the publication of the German-Slovenian dictionary (1860), he collected and published the Slovenian-German scientific terminology (1880), he was an assistant proofreader at the imperial-royal schoolbook publisher (k.k. Schulbucherverlag) and also published several schoolbooks himself: The article mainly deals with his translation of Heufler's geography textbook (1861) by focusing on how Cigale's translation was received by the target audience, on the problems he encountered during translation and on his translation strategies, as well as on how established the terminology he introduced has become.
internal-pdf://2550207445/Zigon-2020-Matej Cigale (1819-1889) as schoolb.pdf.