Abstract Fundamental legal-linguistic research includes next to monolingual approaches to the legal language also comparative approaches. Meanwhile, the epistemic value of comparative approaches is unclear in legal linguistics. Therefore, in this article different legal-linguistic comparative approaches will be scrutinized, and their perspectives made operational in legal linguistics. Especially, the traditional analysis of legal terminology gains momentum here in the context of discursive comparative approaches. The multilingual origins and the intertextual mode of existence and development of the legal language are identified as its characteristic features. They also shape processes in which the language of the global law emerges in the contemporary social reality.
{"title":"The Comparative Element in Comparative Legal Linguistics","authors":"Marcus Galdia","doi":"10.2478/cl-2020-0008","DOIUrl":"https://doi.org/10.2478/cl-2020-0008","url":null,"abstract":"Abstract Fundamental legal-linguistic research includes next to monolingual approaches to the legal language also comparative approaches. Meanwhile, the epistemic value of comparative approaches is unclear in legal linguistics. Therefore, in this article different legal-linguistic comparative approaches will be scrutinized, and their perspectives made operational in legal linguistics. Especially, the traditional analysis of legal terminology gains momentum here in the context of discursive comparative approaches. The multilingual origins and the intertextual mode of existence and development of the legal language are identified as its characteristic features. They also shape processes in which the language of the global law emerges in the contemporary social reality.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47084962","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The European Union is an organisation that uses multiple languages, and its law is no exception. Dealing with over twenty authentic language versions of EU legislation appears to represent an additional challenge in the interpretation of the provisions of the common legal order. Unlike most other works, this article does not focus on the process of interpretation conducted by an adjudicating panel or an Advocate General, but rather on the statements of the parties involved in a dispute, or on the national courts that request a preliminary ruling when referring to multilingualism. This work is divided into two separate parts. Firstly, the author focuses on cases whereby a national court or a party invokes the multilingual character of EU law. The second part is dedicated to the issue of multilingualism in EU case law. Unlike EU law, the judgments of the Court of Justice, as well as the Advocate Generals’ opinions, are authentic in certain languages only. However, research has proven that a solitary, authentic language version does not help to avoid problems the multilingual nature of European Union’s legal discourse. Both issues have been analysed based on the texts of judgments and opinions passed in cases recently resolved by the CJEU. Of course, the statements of the parties or national courts referring to multilingualism do not always have a great influence on the final result of the case. Nevertheless, the unique perspective taken in this article can serve as a good illustration of the various possibilities one can make use of when using multilingual comparison in the process of legal interpretation.
{"title":"Multilingual Legal Discourse at the Court of Justice of the European Union","authors":"Karolina Paluszek","doi":"10.2478/cl-2020-0004","DOIUrl":"https://doi.org/10.2478/cl-2020-0004","url":null,"abstract":"Abstract The European Union is an organisation that uses multiple languages, and its law is no exception. Dealing with over twenty authentic language versions of EU legislation appears to represent an additional challenge in the interpretation of the provisions of the common legal order. Unlike most other works, this article does not focus on the process of interpretation conducted by an adjudicating panel or an Advocate General, but rather on the statements of the parties involved in a dispute, or on the national courts that request a preliminary ruling when referring to multilingualism. This work is divided into two separate parts. Firstly, the author focuses on cases whereby a national court or a party invokes the multilingual character of EU law. The second part is dedicated to the issue of multilingualism in EU case law. Unlike EU law, the judgments of the Court of Justice, as well as the Advocate Generals’ opinions, are authentic in certain languages only. However, research has proven that a solitary, authentic language version does not help to avoid problems the multilingual nature of European Union’s legal discourse. Both issues have been analysed based on the texts of judgments and opinions passed in cases recently resolved by the CJEU. Of course, the statements of the parties or national courts referring to multilingualism do not always have a great influence on the final result of the case. Nevertheless, the unique perspective taken in this article can serve as a good illustration of the various possibilities one can make use of when using multilingual comparison in the process of legal interpretation.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49018640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The jus commune (droit commun) is the intellectual canvas upon which any rule of law is built upon within a given society, that must be integrated in any interpretation or construction process in any field of law, even constitutional law. As the jus commune bears a series of structural values, one ponders as to the correct construction of linguistic law to be held in that regard within a minority society entrenched inside a greater federal superstructure, where linguistic preservation is a collective existential matter. The author submits that the Supreme Court of Canada may have neglected to consider this important factor in Quebec when striking down large sections of the Charter of the French Language pertaining to the official language of law and judicial decisions in the 1979 Blaikie case, in which it imposed official constitutional bilingualism in matters of legislation and judicial decisions to the enclaved French-speaking province. Perhaps the appropriateness of this decision should be revisited.
{"title":"Jus Commune and Common Languauge: Insights on the Judicial Construction of Linguistic Law in Quebec Through the Prism of Jus Commune","authors":"F. Côté","doi":"10.2478/CL-2020-0003","DOIUrl":"https://doi.org/10.2478/CL-2020-0003","url":null,"abstract":"Abstract The jus commune (droit commun) is the intellectual canvas upon which any rule of law is built upon within a given society, that must be integrated in any interpretation or construction process in any field of law, even constitutional law. As the jus commune bears a series of structural values, one ponders as to the correct construction of linguistic law to be held in that regard within a minority society entrenched inside a greater federal superstructure, where linguistic preservation is a collective existential matter. The author submits that the Supreme Court of Canada may have neglected to consider this important factor in Quebec when striking down large sections of the Charter of the French Language pertaining to the official language of law and judicial decisions in the 1979 Blaikie case, in which it imposed official constitutional bilingualism in matters of legislation and judicial decisions to the enclaved French-speaking province. Perhaps the appropriateness of this decision should be revisited.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43727819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The present article is a contrastive legal-linguistic study that deals with phraseologisms in criminal judgments of the German and Arabic legal systems. It aims primarily to determine legal phraseologisms that occur repeatedly in the same fixed form in German and Arabic criminal judgments and that have a specialized meaning. It focuses on the identification of types of such phraseologisms in the various components of criminal judgments. The aim is to find out which legal-linguistic phraseologisms are used in which parts of the texts of criminal judgments and what differences and similarities can be identified between the German and Arabic systems in this respect.
{"title":"Technical Phraseologisms - A Contrastive Legal -Linguistic Study on the Example of the German and Arab Criminal Judgment","authors":"Amany Shemy","doi":"10.2478/cl-2020-0005","DOIUrl":"https://doi.org/10.2478/cl-2020-0005","url":null,"abstract":"Abstract The present article is a contrastive legal-linguistic study that deals with phraseologisms in criminal judgments of the German and Arabic legal systems. It aims primarily to determine legal phraseologisms that occur repeatedly in the same fixed form in German and Arabic criminal judgments and that have a specialized meaning. It focuses on the identification of types of such phraseologisms in the various components of criminal judgments. The aim is to find out which legal-linguistic phraseologisms are used in which parts of the texts of criminal judgments and what differences and similarities can be identified between the German and Arabic systems in this respect.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44034974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The purpose of this text is to provide a foundation for understanding the theory and mechanisms behind the effects of irradiation on metals and alloys. The subject is divided into three parts, each of which is subdivided into individual chapters that together provide a unified picture of how radiation interacts with and alters the structure and properties of metallic materials. Part I consists of five chapters that together, focus on the radiation damage process and provide the formalism for the prediction of the amount and spatial configuration of the damage produced by bombarding particles. Chapter 1 treats the interactions between particles that result in the transfer of energy from the incident particle to the target atoms. Chapter 2 focuses on determination of the number of displacements produced by the bombarding particles, and Chap. 3 describes the spatial configurations of the resulting defects. Chapter 4 provides background on the equilibrium concentration of point defects and their diffusion. Chapter 5 treats diffusion and reactions between point defects under irradiation that are fundamental to all of the observable effects. While radiation damage describes the state of the irradiated material, radiation effects are concerned with defect behaviour in the solid after formation. Part II (Chaps. 6–11) covers the physical effects of irradiation on metals. Chapter 6 describes radiation-induced segregation, which is a direct consequence of radiation-enhanced diffusion. Chapters 7 and 8 address the nucleation and growth of dislocation loops and voids, the defect aggregates that determine much of the behavior of irradiated alloys. Chapter 9 covers the stability of phases under irradiation and irradiation-induced precipitation and precipitate dissolution. Chapter 10 extends the effects of irradiation to the unique processes resulting from ion irradiation such as composition changes, sputtering, and exfoliation. Finally, Chap. 11 describes the use of ion irradiation to emulate the effects of neutron irradiation in reactor components. Mechanical and environmental effects of radiation damage (Part III) are distinguished from physical effects by the application of stress and a corrosive environment. Hardening and deformation of alloys under irradiation are discussed in
{"title":"Preface","authors":"Joseph-G. Turi","doi":"10.2478/cl-2020-0001","DOIUrl":"https://doi.org/10.2478/cl-2020-0001","url":null,"abstract":"The purpose of this text is to provide a foundation for understanding the theory and mechanisms behind the effects of irradiation on metals and alloys. The subject is divided into three parts, each of which is subdivided into individual chapters that together provide a unified picture of how radiation interacts with and alters the structure and properties of metallic materials. Part I consists of five chapters that together, focus on the radiation damage process and provide the formalism for the prediction of the amount and spatial configuration of the damage produced by bombarding particles. Chapter 1 treats the interactions between particles that result in the transfer of energy from the incident particle to the target atoms. Chapter 2 focuses on determination of the number of displacements produced by the bombarding particles, and Chap. 3 describes the spatial configurations of the resulting defects. Chapter 4 provides background on the equilibrium concentration of point defects and their diffusion. Chapter 5 treats diffusion and reactions between point defects under irradiation that are fundamental to all of the observable effects. While radiation damage describes the state of the irradiated material, radiation effects are concerned with defect behaviour in the solid after formation. Part II (Chaps. 6–11) covers the physical effects of irradiation on metals. Chapter 6 describes radiation-induced segregation, which is a direct consequence of radiation-enhanced diffusion. Chapters 7 and 8 address the nucleation and growth of dislocation loops and voids, the defect aggregates that determine much of the behavior of irradiated alloys. Chapter 9 covers the stability of phases under irradiation and irradiation-induced precipitation and precipitate dissolution. Chapter 10 extends the effects of irradiation to the unique processes resulting from ion irradiation such as composition changes, sputtering, and exfoliation. Finally, Chap. 11 describes the use of ion irradiation to emulate the effects of neutron irradiation in reactor components. Mechanical and environmental effects of radiation damage (Part III) are distinguished from physical effects by the application of stress and a corrosive environment. Hardening and deformation of alloys under irradiation are discussed in","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46245515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This paper focuses on the impact of the creation of the new administrative French region «Occitanie – Pyrénées, Méditerranée» under the social representations of the Occitan linguistic space point of view. This new region was created in 2016 by the union of two former regions, Midi-Pyrénées and Languedoc-Roussillon, and does not correspond precisely to the linguistic and historical Occitanie. Therefore, the name of the new region could delegitimize both the name and the linguistic practices – indeed, already remarkably jeopardized.
{"title":"Boundaries and Social Representations in Conflict. The Case of Occitanie in 2019, Between Linguistic Space and Administrative Region","authors":"Giovanni Agresti","doi":"10.2478/cl-2020-0002","DOIUrl":"https://doi.org/10.2478/cl-2020-0002","url":null,"abstract":"Abstract This paper focuses on the impact of the creation of the new administrative French region «Occitanie – Pyrénées, Méditerranée» under the social representations of the Occitan linguistic space point of view. This new region was created in 2016 by the union of two former regions, Midi-Pyrénées and Languedoc-Roussillon, and does not correspond precisely to the linguistic and historical Occitanie. Therefore, the name of the new region could delegitimize both the name and the linguistic practices – indeed, already remarkably jeopardized.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42623323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Corrigenda issued by international organizations provide a most relevant source for the analysis of translation errors and what they reveal about institutional translation quality control and correction processes. This study examines corrigenda published in three settings (the European Union institutions involved in law-making, the United Nations and the World Trade Organization) in three years over a decade: 2005, 2010 and 2015. It reviews the procedures used to introduce translation corrections in these institutions before presenting the results of the quantitative and qualitative analysis of translation-triggered corrigenda in two target languages, French and Spanish, per setting, year, genre, error type and severity. A distinction is made between content reformulation corrections and minor formal corrections for the comparison of diachronic changes and semantic impact levels of corrected errors between the institutions considered. The findings confirm that minor formal errors may have meaning-distorting effects that are as serious as content reformulation errors; when this is not the case, they rarely trigger single-correction corrigenda. The UN recourse to “reissues for technical reasons” for translation corrections and the growing number of corrigenda to EU legal acts and their implications for translation quality assurance and legal certainty are further contextualized and discussed drawing on both corpus analysis and consultations with institutional informants.
{"title":"Facing Translation Errors at International Organizations: What Corrigenda Reveal About Correction Processes and their Implications for Translation Quality","authors":"F. P. Ramos","doi":"10.14746/cl.2020.41.5","DOIUrl":"https://doi.org/10.14746/cl.2020.41.5","url":null,"abstract":"Abstract Corrigenda issued by international organizations provide a most relevant source for the analysis of translation errors and what they reveal about institutional translation quality control and correction processes. This study examines corrigenda published in three settings (the European Union institutions involved in law-making, the United Nations and the World Trade Organization) in three years over a decade: 2005, 2010 and 2015. It reviews the procedures used to introduce translation corrections in these institutions before presenting the results of the quantitative and qualitative analysis of translation-triggered corrigenda in two target languages, French and Spanish, per setting, year, genre, error type and severity. A distinction is made between content reformulation corrections and minor formal corrections for the comparison of diachronic changes and semantic impact levels of corrected errors between the institutions considered. The findings confirm that minor formal errors may have meaning-distorting effects that are as serious as content reformulation errors; when this is not the case, they rarely trigger single-correction corrigenda. The UN recourse to “reissues for technical reasons” for translation corrections and the growing number of corrigenda to EU legal acts and their implications for translation quality assurance and legal certainty are further contextualized and discussed drawing on both corpus analysis and consultations with institutional informants.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43073565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legilingwistyczne Badania Kontrastywne W Polsce Na Przykładzie Pary Języków Koreański – Polski","authors":"A. Kubacki","doi":"10.14746/cl.2019.40.5","DOIUrl":"https://doi.org/10.14746/cl.2019.40.5","url":null,"abstract":"","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45019442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Our contribution consists in analyzing the discursive practices of the three Algerian constitutional texts (1996, 2002, and 2016) dedicated to the constitutionalisation of the Amazigh language. It is about showing and putting in evidence, through a textual and pragmatic analysis of these texts, the status and the definition that has been scattered over the national territory. To carry out our analysis, we will mainly appeal to the field of jurilinguistics. Moreover, the Amazigh language is defined in the constitution as a set of certified varieties throughout the national territory.
{"title":"The Berber in the Texts of the Algerian Constitutions. Analysis of Discursive Practices. Discursive and Jurilinguistic Approaches","authors":"Ramdane Boukherrouf","doi":"10.14746/cl.2019.40.1","DOIUrl":"https://doi.org/10.14746/cl.2019.40.1","url":null,"abstract":"Abstract Our contribution consists in analyzing the discursive practices of the three Algerian constitutional texts (1996, 2002, and 2016) dedicated to the constitutionalisation of the Amazigh language. It is about showing and putting in evidence, through a textual and pragmatic analysis of these texts, the status and the definition that has been scattered over the national territory. To carry out our analysis, we will mainly appeal to the field of jurilinguistics. Moreover, the Amazigh language is defined in the constitution as a set of certified varieties throughout the national territory.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45889764","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Semantic Webs increasingly allow the processing of information over the Internet according to their content and purpose. The widespread use of metadata standards has, however, caused interoperability problems between different systems. Enabling users to search for different languages requires translation resources to cross the language barrier can be a serious challenge. The presented tendency to use semantic webs is an opportunity for legislation, facilitating the process of developing and providing legal regulations and managing the progress of legislative work and implementation of procedures. The aim of this article is to review semantic web theory in relation to the pitfalls of defining and applying ontology to the machine-based understanding of content stored in the network. The scope of this article is a preliminary analysis of aspects of interdisciplinary cooperation in the metadata creation phase – indexed according to the conceptual analysis (ontology) of a given field. The area of research interest was also the benefits and pitfalls of using open source, XML and the Legal Semantic Web in the common judiciary.
{"title":"Significance of Semantic Web – Pitfalls and Benefits of Use in the Common Judiciary","authors":"Monika Odlanicka-Poczobutt","doi":"10.14746/cl.2019.40.2","DOIUrl":"https://doi.org/10.14746/cl.2019.40.2","url":null,"abstract":"Abstract Semantic Webs increasingly allow the processing of information over the Internet according to their content and purpose. The widespread use of metadata standards has, however, caused interoperability problems between different systems. Enabling users to search for different languages requires translation resources to cross the language barrier can be a serious challenge. The presented tendency to use semantic webs is an opportunity for legislation, facilitating the process of developing and providing legal regulations and managing the progress of legislative work and implementation of procedures. The aim of this article is to review semantic web theory in relation to the pitfalls of defining and applying ontology to the machine-based understanding of content stored in the network. The scope of this article is a preliminary analysis of aspects of interdisciplinary cooperation in the metadata creation phase – indexed according to the conceptual analysis (ontology) of a given field. The area of research interest was also the benefits and pitfalls of using open source, XML and the Legal Semantic Web in the common judiciary.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49611616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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