2012 12 Comparative

2012 12 Comparative

 

  1. Ondřej KLABAL Michal KUBÁNEK.
    Plain or Archaic: The New Czech Civil Code Going against the Flow. Comparative Legilinguistics 12:9–19, grudzień 2012.
    Abstract The article presents the discussion on the wording of the new Civil Code of the Czech Republic which becomes effective on January 1, 2014. Some critics claim that the Code contains many newly coined or re-introduced terms which are unknown to the general public and may even feel archaic. Inspired by this debate, a survey was carried out in which a group of students was asked to assess the perceived familiarity with ten terms selected from the new Code and also mark the terms with respect to their perceived stylistic features. All the terms had been analysed with respect to their relative frequency in various text types using the Czech National Corpus. Only one term was assessed as known by more than 40% of the subjects. The same portion of the subjects marked six terms as archaic and five terms as strangely formed. The results show that the debate on the wording was justified. Nevertheless, the requirement for accessibility of legal documents to the general public should be seen with due consideration to various functions, situations and contexts in which individual genres and text types are used. KEYWORDS: legal drafting, plain language, term motivation, archaism, Civil Code } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative BibTeX

    @article{key:KUBÁNEK 2012-12,
    	author = "Michal KUBÁNEK, Ondřej KLABAL",
    	title = "Plain or Archaic: The New Czech Civil Code Going against the Flow",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 12,
    	month = 12,
    	pages = "9--19",
    	abstract = "The article presents the discussion on the wording of the new Civil Code of the Czech Republic which becomes effective on January 1, 2014. Some critics claim that the Code contains many newly coined or re-introduced terms which are unknown to the general public and may even feel archaic. Inspired by this debate, a survey was carried out in which a group of students was asked to assess the perceived familiarity with ten terms selected from the new Code and also mark the terms with respect to their perceived stylistic features. All the terms had been analysed with respect to their relative frequency in various text types using the Czech National Corpus. Only one term was assessed as known by more than 40% of the subjects. The same portion of the subjects marked six terms as archaic and five terms as strangely formed. The results show that the debate on the wording was justified. Nevertheless, the requirement for accessibility of legal documents to the general public should be seen with due consideration to various functions, situations and contexts in which individual genres and text types are used. KEYWORDS: legal drafting, plain language, term motivation, archaism, Civil Code } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative"
    }
    
  2. Mami Hiraike OKAWARA.
    Lay Understanding of Legaln Terminology in the Era of the Japanese Lay Judge System. Comparative Legilinguistics 12:19–49, grudzień 2012.
    Abstract This paper discusses the unintelligible nature of legal terminology from lay perspectives in the era of the lay judge system. First, I will introduce Japan’s first plain language project which was set up by the lay-judge preparatory headquarters of Japan Federation of Bar Associations in preparation in 2005 for the lay judge system introduced in 2009. The project paraphrased sixty-one legal terms, which were important for lay judges but not known to lay people. I will show some rewording work, which was conducted by joint effort between legal and non-legal experts of the project. After the discussion of the rewording work I will move to a mock lay judge trial which was held by Maebashi District Courts, together with Maebashi District Public Prosecutors’ Offices and Gunma Bar Association in 2006 to prepare for the lay judge system. I will focus on one unintelligible legal terminology, ‘murder through willful negligence’ ( mihitus no koi) and discuss how the intent to murder was determined in a deliberation of a mock trial, using a discourse connective, ‘the only thing is that...’ (tada). The introduction of the lay judge system has therefore given a prodigious opportunity to work on plain legal language in Japan. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative BibTeX

    @article{key:Hiraike 2012-12,
    	author = "Mami Hiraike OKAWARA",
    	title = "Lay Understanding of Legaln Terminology in the Era of the Japanese Lay Judge System",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 12,
    	month = 12,
    	pages = "19--49",
    	abstract = "This paper discusses the unintelligible nature of legal terminology from lay perspectives in the era of the lay judge system. First, I will introduce Japan’s first plain language project which was set up by the lay-judge preparatory headquarters of Japan Federation of Bar Associations in preparation in 2005 for the lay judge system introduced in 2009. The project paraphrased sixty-one legal terms, which were important for lay judges but not known to lay people. I will show some rewording work, which was conducted by joint effort between legal and non-legal experts of the project. After the discussion of the rewording work I will move to a mock lay judge trial which was held by Maebashi District Courts, together with Maebashi District Public Prosecutors’ Offices and Gunma Bar Association in 2006 to prepare for the lay judge system. I will focus on one unintelligible legal terminology, ‘murder through willful negligence’ ( mihitus no koi) and discuss how the intent to murder was determined in a deliberation of a mock trial, using a discourse connective, ‘the only thing is that...’ (tada). The introduction of the lay judge system has therefore given a prodigious opportunity to work on plain legal language in Japan. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative"
    }
    
  3. Hanna JUSZKIEWICZ.
    Dissolution of Marriage: Functional Approach to Polish-English Translation of Selected Court Documents. Comparative Legilinguistics 12:49–67, grudzień 2012.
    Abstract The paper presents results of a study aimed at analysing problems that arise in Polish-English translation of selected court documents in divorce and judicial separation cases, as well as the ways of solving such problems in the light of the functional approach to translation. The methodology used includes parallel texts analysis, corpus linguistics for term extraction and comparative legal research into concept comparison. The results, including comments on specific terminological, phraseological and textual choices and a critical analysis of certain established equivalents, are presented in the form of an annotated translation. The findings also include general observations on the types and the sources of common problems encountered by both beginner and experienced translators. Finally, a need is identified for developing a more effective form of presenting results of practice-oriented research in the field of translation studies, especially with reference to legal translation, which would account for a richer knowledge component and more extensive contextual information than traditional dictionaries and term-bases.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative BibTeX

    @article{key:JUSZKIEWICZ 2012-12,
    	author = "Hanna JUSZKIEWICZ",
    	title = "Dissolution of Marriage: Functional Approach to Polish-English Translation of Selected Court Documents",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 12,
    	month = 12,
    	pages = "49--67",
    	abstract = "The paper presents results of a study aimed at analysing problems that arise in Polish-English translation of selected court documents in divorce and judicial separation cases, as well as the ways of solving such problems in the light of the functional approach to translation. The methodology used includes parallel texts analysis, corpus linguistics for term extraction and comparative legal research into concept comparison. The results, including comments on specific terminological, phraseological and textual choices and a critical analysis of certain established equivalents, are presented in the form of an annotated translation. The findings also include general observations on the types and the sources of common problems encountered by both beginner and experienced translators. Finally, a need is identified for developing a more effective form of presenting results of practice-oriented research in the field of translation studies, especially with reference to legal translation, which would account for a richer knowledge component and more extensive contextual information than traditional dictionaries and term-bases.} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative"
    }
    
  4. Łukasz ZYGMUNT.
    Lexical Pitfalls in Polish-English Legal Translation: a Case Study Involving Students of English Philology in Poland. Comparative Legilinguistics 12:69–87, grudzień 2012.
    Abstract The article illustrates problems which were encountered by students of the first and second year of English Philology, who had been given a task of translating from Polish into English a passage from a Supreme Court act, concerning the European Arrest Warrant execution. The author who is an active lawyer – working as a prosecutor of the District Prosecutor’s Office – analyzes almost twenty legal phrases coming from the original text and, comparing them with the official version of translation, examines the students’ versions (108 translations altogether) which are then accompanied by descriptions and comments on the mistakes made. The analyzed examples show the uniqueness of the legal language and its pitfalls as well as lexical and syntactic dilemmas which create linguistic traps for a Polish translator who is preoccupied with translation of legal texts from Polish into English or vice versa. Moreover, the discussed cases indicate the need for a highly professional training of philology students, especially in the area of ESP (English for Special Purposes). } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative BibTeX

    @article{key:ZYGMUNT 2012-12,
    	author = "Łukasz ZYGMUNT",
    	title = "Lexical Pitfalls in Polish-English Legal Translation: a Case Study Involving Students of English Philology in Poland",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 12,
    	month = 12,
    	pages = "69--87",
    	abstract = "The article illustrates problems which were encountered by students of the first and second year of English Philology, who had been given a task of translating from Polish into English a passage from a Supreme Court act, concerning the European Arrest Warrant execution. The author who is an active lawyer – working as a prosecutor of the District Prosecutor’s Office – analyzes almost twenty legal phrases coming from the original text and, comparing them with the official version of translation, examines the students’ versions (108 translations altogether) which are then accompanied by descriptions and comments on the mistakes made. The analyzed examples show the uniqueness of the legal language and its pitfalls as well as lexical and syntactic dilemmas which create linguistic traps for a Polish translator who is preoccupied with translation of legal texts from Polish into English or vice versa. Moreover, the discussed cases indicate the need for a highly professional training of philology students, especially in the area of ESP (English for Special Purposes). } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative"
    }
    
  5. Juliette SCOTT (UK) Can Genre-Specific DIY Corpora.
    Compiled by Legal Translators Themselves, Assist Them in ‘Learning the Lingo’ of Legal Subgenres?. Comparative Legilinguistics 12:87–101, grudzień 2012.
    Abstract This paper presents a study aimed at examining whether DIY corpora compiled by professional legal translators can assist them in their role as learners of legal sublanguages, particularly those translators working into non-native target languages. A procedural DIY corpus methodology has been developed, involving the framed retrieval of authoritative legal texts from Internet repositories or other sources by legal translators themselves, according to their specific needs or those of particular projects, bearing in mind at all times feasibility in the workplace. Target audience expectations and requirements are also an important consideration in the project. A pilot study performing some initial testing with professional legal translators in certain legal genres and different languages has been completed and will be reported on. Results so far seem to indicate that compilation of such corpora can be achieved in an average of 30-45 minutes, in line with users' expressed criteria. It is posited that these highly specialised corpora may provide translators with some additional reference material that they are sorely lacking due to the absence or shortage in many language combinations of legal dictionaries or thesauri, in particular as regards collocations. It is hoped that a contribution may be made to professional practice in the long term} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative BibTeX

    @article{key:SCOTT 2012-12,
    	author = "Juliette SCOTT (UK) Can Genre-Specific DIY Corpora",
    	title = "Compiled by Legal Translators Themselves, Assist Them in ‘Learning the Lingo’ of Legal Subgenres?",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 12,
    	month = 12,
    	pages = "87--101",
    	abstract = "This paper presents a study aimed at examining whether DIY corpora compiled by professional legal translators can assist them in their role as learners of legal sublanguages, particularly those translators working into non-native target languages. A procedural DIY corpus methodology has been developed, involving the framed retrieval of authoritative legal texts from Internet repositories or other sources by legal translators themselves, according to their specific needs or those of particular projects, bearing in mind at all times feasibility in the workplace. Target audience expectations and requirements are also an important consideration in the project. A pilot study performing some initial testing with professional legal translators in certain legal genres and different languages has been completed and will be reported on. Results so far seem to indicate that compilation of such corpora can be achieved in an average of 30-45 minutes, in line with users' expressed criteria. It is posited that these highly specialised corpora may provide translators with some additional reference material that they are sorely lacking due to the absence or shortage in many language combinations of legal dictionaries or thesauri, in particular as regards collocations. It is hoped that a contribution may be made to professional practice in the long term} url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative"
    }
    
  6. Marcus GALDIA.
    An Appraisal of Language and Law in Times of Expanding Legal Linguistics. A review of The Oxford Handbook of Language and Law edited by Peter M. TIERSMA, Lawrence M. SOLAN, 2012. Oxford University Press.. Comparative Legilinguistics 12:101–113, grudzień 2012.
    Abstract The Oxford University Press published in 2012, within its series Oxford Handbooks in Linguistics, a volume entitled The Oxford Handbook of Language and Law. The volume was edited by two prominent American writers on law and language, Professor Peter M. Tiersma and Professor Lawrence M. Solan. The volume of 642 pages invites a longer review as it comprises contributions by forty-eight authors in forty separate chapters. Also some fundamental, yet omitted legal-linguistic issues necessitate critical comments by the reviewer. Overall, however, the reviewer read the book with interest as its singular contributions include many inspiring thoughts. Meanwhile, these original contributions are somehow in contrast to the declared character of the volume that according to the publisher and the editors should portray the state of the art in the interdisciplinary field covering language and law in the form of a handbook. In spite of the valuable input to the development of legal-linguistic research in the singular contributions one might doubt whether the main goal, as defined by the publisher and the editors has been achieved by this publication. Therefore, also a bitter reflection is included in the final part of this review. This criticism notwithstanding, the reviewer welcomes the published collection of papers by renowned scholars and younger researchers as one more valuable contribution to the development of legal-linguistic studies. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative BibTeX

    @article{key:GALDIA 2012-12,
    	author = "Marcus GALDIA",
    	title = "An Appraisal of Language and Law in Times of Expanding Legal Linguistics. A review of The Oxford Handbook of Language and Law edited by Peter M. TIERSMA, Lawrence M. SOLAN, 2012. Oxford University Press.",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 12,
    	month = 12,
    	pages = "101--113",
    	abstract = "The Oxford University Press published in 2012, within its series Oxford Handbooks in Linguistics, a volume entitled The Oxford Handbook of Language and Law. The volume was edited by two prominent American writers on law and language, Professor Peter M. Tiersma and Professor Lawrence M. Solan. The volume of 642 pages invites a longer review as it comprises contributions by forty-eight authors in forty separate chapters. Also some fundamental, yet omitted legal-linguistic issues necessitate critical comments by the reviewer. Overall, however, the reviewer read the book with interest as its singular contributions include many inspiring thoughts. Meanwhile, these original contributions are somehow in contrast to the declared character of the volume that according to the publisher and the editors should portray the state of the art in the interdisciplinary field covering language and law in the form of a handbook. In spite of the valuable input to the development of legal-linguistic research in the singular contributions one might doubt whether the main goal, as defined by the publisher and the editors has been achieved by this publication. Therefore, also a bitter reflection is included in the final part of this review. This criticism notwithstanding, the reviewer welcomes the published collection of papers by renowned scholars and younger researchers as one more valuable contribution to the development of legal-linguistic studies. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative"
    }
    
  7. Karolina KACZMAREK.
    Precision and Vagueness in Legal Linguistics. A review of Vagueness in Normative Texts. Linguistic Insights 23. Studies in Language and Communication. edited by Vijay K. BHATIA, Jan ENGBERG, Maurizio GOTTI, Dorothee HELLER, 2005. Peter Lang.. Comparative Legilinguistics 12:113–115, grudzień 2012.
    Abstract As the editors of the book notice, the problem of vagueness in law has always been crucial from the point of view of law making specialists. But nowadays, when societies are more and more multilingual and multicultural, there is a pressing need for research into the vagueness of the language of law, both in its theoretical and practical aspects, because interpretation of vague text may be problematic not only for law interpreters but also for LSP translators. The authors of “Vagueness...” discuss some issues from legal acts and juridical decisions, which can be beneficial for writing and interpreting other legal texts. The authors also discuss some language features connected with communicative indeterminacy on the lexical, syntactical or textual level. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative BibTeX

    @article{key:KACZMAREK 2012-12,
    	author = "Karolina KACZMAREK",
    	title = "Precision and Vagueness in Legal Linguistics. A review of Vagueness in Normative Texts. Linguistic Insights 23. Studies in Language and Communication. edited by Vijay K. BHATIA, Jan ENGBERG, Maurizio GOTTI, Dorothee HELLER, 2005. Peter Lang.",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 12,
    	month = 12,
    	pages = "113--115",
    	abstract = "As the editors of the book notice, the problem of vagueness in law has always been crucial from the point of view of law making specialists. But nowadays, when societies are more and more multilingual and multicultural, there is a pressing need for research into the vagueness of the language of law, both in its theoretical and practical aspects, because interpretation of vague text may be problematic not only for law interpreters but also for LSP translators. The authors of “Vagueness...” discuss some issues from legal acts and juridical decisions, which can be beneficial for writing and interpreting other legal texts. The authors also discuss some language features connected with communicative indeterminacy on the lexical, syntactical or textual level. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative"
    }
    
  8. Aleksandra MATULEWSKA.
    New Developments in Legal Linguistics. A review of Legal Discourse Across Languages and Cultures. Linguistic Insights 117. Studies in Language and Communication. edited by Maurizio GOTTI, Christopher WILLIAMS, 2010. Peter Lang.. Comparative Legilinguistics 12:115–116, grudzień 2012.
    Abstract The 117st volume of Linguistic Insights series contains the latest works of scholars investigating legal discourse from cultural and lingual perspectives. Contributions have been submitted by participants of the 4 th CERLIS Conference – CERLIS 2009 held in Bergamo on 18-20 June 2009. The contributors touch upon various aspects of legal language and legal discourse in various settings. It is divided into two parts with the former one on legal discourse across languages and the latter one on legal discourse across cultures. There are seven chapters in each part. In the introduction the editors, M. Gotti and Ch. Williams, turn the attention of readers to the impact of legal culture and national legal systems on legal language, discourse and translation and rapid changes which may be observed in that domain of research. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative BibTeX

    @article{key:MATULEWSKA 2012-12,
    	author = "Aleksandra MATULEWSKA",
    	title = "New Developments in Legal Linguistics. A review of Legal Discourse Across Languages and Cultures. Linguistic Insights 117. Studies in Language and Communication. edited by Maurizio GOTTI, Christopher WILLIAMS, 2010. Peter Lang.",
    	journal = "Comparative Legilinguistics",
    	year = 2012,
    	volume = 12,
    	month = 12,
    	pages = "115--116",
    	abstract = "The 117st volume of Linguistic Insights series contains the latest works of scholars investigating legal discourse from cultural and lingual perspectives. Contributions have been submitted by participants of the 4 th CERLIS Conference – CERLIS 2009 held in Bergamo on 18-20 June 2009. The contributors touch upon various aspects of legal language and legal discourse in various settings. It is divided into two parts with the former one on legal discourse across languages and the latter one on legal discourse across cultures. There are seven chapters in each part. In the introduction the editors, M. Gotti and Ch. Williams, turn the attention of readers to the impact of legal culture and national legal systems on legal language, discourse and translation and rapid changes which may be observed in that domain of research. } url = {http://legiling-cl1.home.amu.edu.pl/index.php/2012-12-comparative"
    }