2012 10 Comparative

2012 10 Comparative

 

  1. Yahya Jasim BASIM.
    Author Attribution in Suicide Notes: Evidence from Applied Linguistics. Comparative Legilinguistics 10:7–23, październik 2012.
    Abstract Authorship attribution is a branch of authorship identification whose aim is to examine the characteristic features of a piece of writing to establish its author. The present study applies the methods and techniques of forensic and applied linguistics to the analysis of a suicide note believed to have been written by a 49-year old brigadier in the Iraqi Army who was found shot in the head. The accident was regarded as a suicidal act, which the family of the deceased challenged. They suspected an assassination disguised as a suicide and claimed that the suicide note left close to the deceased was either a mere fabrication, or was written under duress. The present study attempts to verify these assumptions using the techniques commonly followed in authorship attribution in analyzing the form and content of the suicide note and comparing it to a text that is known to have been written by the deceased. The results indicate that the suicide note was not simulated or tampered with and was not written under threat or duress. Key words: Suicide notes, Author Attributes, Forensic Linguistics, Applied Linguistics.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative BibTeX

    @article{key:BASIM,
    	author = "Yahya Jasim BASIM",
    	title = "Author Attribution in Suicide Notes: Evidence from Applied Linguistics",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 10,
    	month = 10,
    	pages = "7--23",
    	abstract = "Authorship attribution is a branch of authorship identification whose aim is to examine the characteristic features of a piece of writing to establish its author. The present study applies the methods and techniques of forensic and applied linguistics to the analysis of a suicide note believed to have been written by a 49-year old brigadier in the Iraqi Army who was found shot in the head. The accident was regarded as a suicidal act, which the family of the deceased challenged. They suspected an assassination disguised as a suicide and claimed that the suicide note left close to the deceased was either a mere fabrication, or was written under duress. The present study attempts to verify these assumptions using the techniques commonly followed in authorship attribution in analyzing the form and content of the suicide note and comparing it to a text that is known to have been written by the deceased. The results indicate that the suicide note was not simulated or tampered with and was not written under threat or duress. Key words: Suicide notes, Author Attributes, Forensic Linguistics, Applied Linguistics.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative"
    }
    
  2. Mami Hiraike OKAWARA.
    Disappearance of Witnesses’ Own Words. Comparative Legilinguistics 10:23–37, październik 2012.
    Abstract This paper discusses the characteristics of prosecutor’s language that would appear in the prosecution witness’s answers during direct examination. I performed a linguistic comparison of the language that is used in a witness’s answers against that of five relevant documents, which include a prosecutor’s opening statement, a prosecutor’s final statement, 11 samples of suspect’s statements from the handbook for investigating officers and one from witness’s personal letters. I would like to argue that as the witness’s answer had the features of a prosecutor’s language as well as written language, the prosecutor’s ten meetings with the witness immediately before the trial may have possibly influenced not only the witness’s language but also the content of the testimony itself. The analysis of this paper is based upon my expert witness opinion that was submitted to the Tokyo High Court and Japanese Supreme Court for the case in question.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative BibTeX

    @article{key:OKAWARA,
    	author = "Mami Hiraike OKAWARA",
    	title = "Disappearance of Witnesses’ Own Words",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 10,
    	month = 10,
    	pages = "23--37",
    	abstract = "This paper discusses the characteristics of prosecutor’s language that would appear in the prosecution witness’s answers during direct examination. I performed a linguistic comparison of the language that is used in a witness’s answers against that of five relevant documents, which include a prosecutor’s opening statement, a prosecutor’s final statement, 11 samples of suspect’s statements from the handbook for investigating officers and one from witness’s personal letters. I would like to argue that as the witness’s answer had the features of a prosecutor’s language as well as written language, the prosecutor’s ten meetings with the witness immediately before the trial may have possibly influenced not only the witness’s language but also the content of the testimony itself. The analysis of this paper is based upon my expert witness opinion that was submitted to the Tokyo High Court and Japanese Supreme Court for the case in question.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative"
    }
    
  3. Grażyna BEDNAREK.
    The Approximation of Criminal laws in the European Union: the Demise of Incongruency of Legal Terminology in Legal Translation ?. Comparative Legilinguistics 10:37–51, październik 2012.
    Abstract In legal translation, one of the major challenges is the translation of legal concepts, which may be attributed to the fact that translation of legal texts entails translation not only from one legal language into another legal language, but primarily from one legal system into another legal system. It is generally acknowledged that the incongruency of the SL and TL legal systems makes it impossible for the elements of one legal system to be automatically transposed into another. For this reason, the translation of legal concepts is characterized by the existence of near, partial, and non-equivalents. There are many words, which although perceived as linguistic equivalents, conceptually and/or referentially constitute only partial or non-equivalents. In what follows, I wish to investigate, whether the approximation of serious, transnational criminal offences in the European Union (EU) leads to the demise of the incongruency of legal terminology. The paper encompasses three major parts, of which the first introduces the existence of the incongruency of legal terminology, the successive part expounds the intricate mechanisms that lead to the approximation of criminal laws, and the final provides a comparative analysis of the approximated legal concepts relating to chosen serious criminal offences revealing its consequences on legal translation.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative BibTeX

    @article{key:BEDNAREK,
    	author = "Grażyna BEDNAREK",
    	title = "The Approximation of Criminal laws in the European Union: the Demise of Incongruency of Legal Terminology in Legal Translation ?",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 10,
    	month = 10,
    	pages = "37--51",
    	abstract = "In legal translation, one of the major challenges is the translation of legal concepts, which may be attributed to the fact that translation of legal texts entails translation not only from one legal language into another legal language, but primarily from one legal system into another legal system. It is generally acknowledged that the incongruency of the SL and TL legal systems makes it impossible for the elements of one legal system to be automatically transposed into another. For this reason, the translation of legal concepts is characterized by the existence of near, partial, and non-equivalents. There are many words, which although perceived as linguistic equivalents, conceptually and/or referentially constitute only partial or non-equivalents. In what follows, I wish to investigate, whether the approximation of serious, transnational criminal offences in the European Union (EU) leads to the demise of the incongruency of legal terminology. The paper encompasses three major parts, of which the first introduces the existence of the incongruency of legal terminology, the successive part expounds the intricate mechanisms that lead to the approximation of criminal laws, and the final provides a comparative analysis of the approximated legal concepts relating to chosen serious criminal offences revealing its consequences on legal translation.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative"
    }
    
  4. Annarita FELICI.
    “Shall” Ambiguities in EU Legislative Texts. Comparative Legilinguistics 10:51–67, październik 2012.
    Abstract This paper investigates the modal ‘shall’, whose excessive use can be problematic both in legal translation and interpretation (Coode 1843, Driedger 1976). The context of analysis is the EU for offering a relative young legal environment where translation represents the main channel of communication. The analysis moves from the deontic speech acts of ordering and prohibiting and looks at examples of performativity where ‘shall’ is not only deontically binding, but it is also used to express a necessary condition or to set a new state of things up. The disambiguation is particularly evident in multilingual translation and is performed with the help of parallel concordances, which also shed light on the conceptual framework of norms. Data consist of a parallel corpus including English, French, German and Italian versions of EU legislative texts chosen between 2001-04. As a term of comparison, a small comparable corpus containing English orginal texts has also been compiled.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative BibTeX

    @article{key:FELICI,
    	author = "Annarita FELICI",
    	title = "“Shall” Ambiguities in EU Legislative Texts",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 10,
    	month = 10,
    	pages = "51--67",
    	abstract = "This paper investigates the modal ‘shall’, whose excessive use can be problematic both in legal translation and interpretation (Coode 1843, Driedger 1976). The context of analysis is the EU for offering a relative young legal environment where translation represents the main channel of communication. The analysis moves from the deontic speech acts of ordering and prohibiting and looks at examples of performativity where ‘shall’ is not only deontically binding, but it is also used to express a necessary condition or to set a new state of things up. The disambiguation is particularly evident in multilingual translation and is performed with the help of parallel concordances, which also shed light on the conceptual framework of norms. Data consist of a parallel corpus including English, French, German and Italian versions of EU legislative texts chosen between 2001-04. As a term of comparison, a small comparable corpus containing English orginal texts has also been compiled.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative"
    }
    
  5. Maria Teres LIZISOWA.
    The Metaphor of SWOBODA in the Treaties of the European Union. Comparative Legilinguistics 10:67–89, październik 2012.
    Abstract The subject of this article is a linguistic analysis of the texts of the EU Treaty of 1992, as well as of the Treaty on the Functioning of the EU of 2010, with an aim to demonstrate that in these legislative acts the meanings of legal and economic terms are communicated through the means of everyday expressions, which in great measure retrace the practical way of human thinking. The author claims that in legal principles regarding the decisions about the stability of the financial market, the metaphor of SWOBODA (Eng. FREEDOM ) enables to understand the abstract sphere of the creating and functioning of the European economy in the image schemas of “ obejmowanie i wnoszenie ”, typical for material objects. The freedom of establishment is conceptualized as a person, who obejmuje (‘otacza r ę kami’; Eng.: ‘takes into their arms’) prawo (Eng.: law), zniesienie dyskryminacji (Eng.: abolition of any discrimination), działalno ść gospodarcz ą (Eng.: establishment), as well as wnosi (‘umieszcza wraz z sob ą w czym ś ’; Eng.: brings [in], ‘places somewhere together with itself’) korzystny wkład w rozwój produkcji i handlu (Eng.: valuable contribution to the development of production and trade). In the metaphor of SWOBODA are inscribed the metaphors of the EU market in the image schemas of “ PRZEPŁYW [ RUCH ]” (Eng.: ‘flow’, ‘movement’), “ OBRÓT ” (Eng.: ‘circulation’) and “ SOJUSZ ” (Eng.: ‘alliance”). In the Polish translation of the Treaties, economic goods are treated as if they were a LIQUID [ PŁYN ], protected due to their expected profit; and the transfer of money, services and people producing these goods is described as PRZEPŁYW [ FLOW ] of the goods. In the English text of the Treaties INFLOW refers only to persons, while the transfer of money, goods and services is referred to as MOVEMENT [ RUCH ] . An alternative metaphorical pattern in both the Polish and English languages is created by OBRÓT [ CIRCULATION ]. These metaphors are linked to the metaphor of the MARKET AS A CONTAINER , in which SWOBODA [ FREEDOM ] locates the MOVEMENT [ FLOW ] and the CIRCULATION of goods, services, money and persons. In the EU Treatises, the economic cooperation is depicted as a MILITARY ALLIANCE [ SOJUSZ WOJENNY ] in relation to the STRUGGLE FOR THE MARKET [ WALKA O RYNEK ] , in the economic discourse. The metaphorical patterning depicts the personified SWOBODA [ FREEDOM ], sub-dependent to which are the ontological and orienteering metaphors communicating the principles of the functioning of the internal EU market. Summing up, the author concludes that in the Polish translation of the EU Treaties the notions of swoboda and wolno ść are separated, because the word wolno ść is used in its literal meaning in the Preamble to the Treatises, so within the axiological principle of law, whereas in the regulations of these legislative acts, the word swoboda , used metaphorically, characterises the aspect of establishment as a principle-norm to which, in the legal regulations of these legislative acts, all the other norms are sub-dependent. In the English version such a strong polarisation of meanings does not occur.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative BibTeX

    @article{key:LIZISOWA,
    	author = "Maria Teres LIZISOWA",
    	title = "The Metaphor of SWOBODA in the Treaties of the European Union",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 10,
    	month = 10,
    	pages = "67--89",
    	abstract = "The subject of this article is a linguistic analysis of the texts of the EU Treaty of 1992, as well as of the Treaty on the Functioning of the EU of 2010, with an aim to demonstrate that in these legislative acts the meanings of legal and economic terms are communicated through the means of everyday expressions, which in great measure retrace the practical way of human thinking. The author claims that in legal principles regarding the decisions about the stability of the financial market, the metaphor of SWOBODA (Eng. FREEDOM ) enables to understand the abstract sphere of the creating and functioning of the European economy in the image schemas of “ obejmowanie i wnoszenie ”, typical for material objects. The freedom of establishment is conceptualized as a person, who obejmuje (‘otacza r ę kami’; Eng.: ‘takes into their arms’) prawo (Eng.: law), zniesienie dyskryminacji (Eng.: abolition of any discrimination), działalno ść gospodarcz ą (Eng.: establishment), as well as wnosi (‘umieszcza wraz z sob ą w czym ś ’; Eng.: brings [in], ‘places somewhere together with itself’) korzystny wkład w rozwój produkcji i handlu (Eng.: valuable contribution to the development of production and trade). In the metaphor of SWOBODA are inscribed the metaphors of the EU market in the image schemas of “ PRZEPŁYW [ RUCH ]” (Eng.: ‘flow’, ‘movement’), “ OBRÓT ” (Eng.: ‘circulation’) and “ SOJUSZ ” (Eng.: ‘alliance”). In the Polish translation of the Treaties, economic goods are treated as if they were a LIQUID [ PŁYN ], protected due to their expected profit; and the transfer of money, services and people producing these goods is described as PRZEPŁYW [ FLOW ] of the goods. In the English text of the Treaties INFLOW refers only to persons, while the transfer of money, goods and services is referred to as MOVEMENT [ RUCH ] . An alternative metaphorical pattern in both the Polish and English languages is created by OBRÓT [ CIRCULATION ]. These metaphors are linked to the metaphor of the MARKET AS A CONTAINER , in which SWOBODA [ FREEDOM ] locates the MOVEMENT [ FLOW ] and the CIRCULATION of goods, services, money and persons. In the EU Treatises, the economic cooperation is depicted as a MILITARY ALLIANCE [ SOJUSZ WOJENNY ] in relation to the STRUGGLE FOR THE MARKET [ WALKA O RYNEK ] , in the economic discourse. The metaphorical patterning depicts the personified SWOBODA [ FREEDOM ], sub-dependent to which are the ontological and orienteering metaphors communicating the principles of the functioning of the internal EU market. Summing up, the author concludes that in the Polish translation of the EU Treaties the notions of swoboda and wolno ść are separated, because the word wolno ść is used in its literal meaning in the Preamble to the Treatises, so within the axiological principle of law, whereas in the regulations of these legislative acts, the word swoboda , used metaphorically, characterises the aspect of establishment as a principle-norm to which, in the legal regulations of these legislative acts, all the other norms are sub-dependent. In the English version such a strong polarisation of meanings does not occur.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative"
    }
    
  6. Filip RADONIEWICZ.
    Unification of Information Technology Terminology in Polish Law. Comparative Legilinguistics 10:89–105, październik 2012.
    Abstract In the present article the question of systematisation of information technology terminology in Polish Law is presented. The instrument, which is used for this purpose is the Amendment to Statutes in Order to Unify Information technology terminology Act of the 4 th of September 2008. With this Act the number of provisions was amended and uniform terms of information origin were introduced - as an “information data carrier”, an “electronic document”, a “data communications system” and “electronic communications means”. However, these concepts are not defined in the Act but referred to the Implementation of IT Solutions to Entities Executing Public Assignments Activity Act of the 17 th of February 2005. The article is divided into three parts. After the short preface in order to introduce the issues discussed, in the main part the author addressed the question of the above mentioned Amendment to Statutes in Order to Unify Information technology terminology Act. The summary is an attempt to make an assessment of regulation in force.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative BibTeX

    @article{key:RADONIEWICZ,
    	author = "Filip RADONIEWICZ",
    	title = "Unification of Information Technology Terminology in Polish Law",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 10,
    	month = 10,
    	pages = "89--105",
    	abstract = "In the present article the question of systematisation of information technology terminology in Polish Law is presented. The instrument, which is used for this purpose is the Amendment to Statutes in Order to Unify Information technology terminology Act of the 4 th of September 2008. With this Act the number of provisions was amended and uniform terms of information origin were introduced - as an “information data carrier”, an “electronic document”, a “data communications system” and “electronic communications means”. However, these concepts are not defined in the Act but referred to the Implementation of IT Solutions to Entities Executing Public Assignments Activity Act of the 17 th of February 2005. The article is divided into three parts. After the short preface in order to introduce the issues discussed, in the main part the author addressed the question of the above mentioned Amendment to Statutes in Order to Unify Information technology terminology Act. The summary is an attempt to make an assessment of regulation in force.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative"
    }
    
  7. Artur Dariusz KUBACKI.
    Tłumaczenie poświadczone. Status,kształcenie, warsztat i odpowiedzialność tłumacza przysięgłego [Certified translation. The status, education and training, fields of activity and liability of sworn translators]. Comparative Legilinguistics 10:105–109, październik 2012.
    Abstract The book is composed of six chapters in which the author focuses on aspects of the profession of sworn translators and interpreters (the latter also called in pertinent literature court interpreters), which will be referred to as sworn translators in this review for the purpose of convenience. It should be stressed, however, that in Poland sworn translators are rendering translations of written texts and interpret oral texts in legal settings as the Polish legislator has not enabled to choose whether one wants to be a translator or interpreter. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative BibTeX

    @article{key:KUBACKI,
    	author = "Artur Dariusz KUBACKI",
    	title = "Tłumaczenie poświadczone. Status,kształcenie, warsztat i odpowiedzialność tłumacza przysięgłego [Certified translation. The status, education and training, fields of activity and liability of sworn translators]",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 10,
    	month = 10,
    	pages = "105--109",
    	abstract = "The book is composed of six chapters in which the author focuses on aspects of the profession of sworn translators and interpreters (the latter also called in pertinent literature court interpreters), which will be referred to as sworn translators in this review for the purpose of convenience. It should be stressed, however, that in Poland sworn translators are rendering translations of written texts and interpret oral texts in legal settings as the Polish legislator has not enabled to choose whether one wants to be a translator or interpreter. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-10-comparative"
    }