Abstract The purpose of this article is to present a compensation for moral injury connected with conjugal infidelity in Japanese Law (isharyō). The compensation for moral injury, which is sentenced because of a divorce could be divided into a compensation for mental disorder and a compensation for deprivation of the status in the society. To analyze this issue it is necessary to discuss context of Japanese culture and society. Furthermore, I present statistics which show factors that have influence on the amount of compensation. Finally, there are remarks on comparative law.
{"title":"Isharyō as a Way to Compensation for Moral Injury in Case of Divorce in Japan","authors":"R. Łukasiewicz","doi":"10.14746/cl.2018.35.5","DOIUrl":"https://doi.org/10.14746/cl.2018.35.5","url":null,"abstract":"Abstract The purpose of this article is to present a compensation for moral injury connected with conjugal infidelity in Japanese Law (isharyō). The compensation for moral injury, which is sentenced because of a divorce could be divided into a compensation for mental disorder and a compensation for deprivation of the status in the society. To analyze this issue it is necessary to discuss context of Japanese culture and society. Furthermore, I present statistics which show factors that have influence on the amount of compensation. Finally, there are remarks on comparative law.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48485353","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 paper focuses on an evaluation of statutory provisions relating to the profession of sworn translator in Poland. The Act on the Profession of Sworn Translator and its associated statutory instruments have been in force since 27 January 2005. After more than 13 years of operation of this legal framework, it is worth summing up whether the legal solutions put forward by the Polish legislature make it easier to practice the profession of sworn translator. The author discusses, inter alia, the recommendations of the Panel for Review and Assessment of Operation of the Act on the Profession of Sworn Translator, formed on 21 July 2015 by the Minister of Justice, and the legislative changes proposed by translation experts in order to improve the status and financial situation of sworn translators. Moreover, he suggests several solutions which – in his opinion based on many years’ experience as a practising sworn translator and a certified translation theoretician – would greatly facilitate the work of sworn translators and would raise its quality.
{"title":"Evaluation of Statutory Provisions Relating to the Profession of Sworn Translator in Poland. An Attempt at Summing-Up","authors":"Artur Dariusz Kubacki","doi":"10.14746/cl.2018.35.1","DOIUrl":"https://doi.org/10.14746/cl.2018.35.1","url":null,"abstract":"Abstract The paper focuses on an evaluation of statutory provisions relating to the profession of sworn translator in Poland. The Act on the Profession of Sworn Translator and its associated statutory instruments have been in force since 27 January 2005. After more than 13 years of operation of this legal framework, it is worth summing up whether the legal solutions put forward by the Polish legislature make it easier to practice the profession of sworn translator. The author discusses, inter alia, the recommendations of the Panel for Review and Assessment of Operation of the Act on the Profession of Sworn Translator, formed on 21 July 2015 by the Minister of Justice, and the legislative changes proposed by translation experts in order to improve the status and financial situation of sworn translators. Moreover, he suggests several solutions which – in his opinion based on many years’ experience as a practising sworn translator and a certified translation theoretician – would greatly facilitate the work of sworn translators and would raise its quality.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42587810","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 paper aims to analyse and compare the interpretative function of legislative history in the judicial activity of the European Court of Justice and Polish courts. The authors have analysed judgments of the respective courts, focusing on the role of legislative history in their argumentation. In the Polish and European doctrine, the usefulness of travaux preparatoires has been underestimated. Nevertheless, legislative history may provide arguments important in judicial reasoning both in uni- and multilingual legal systems. However, its importance and functions in Polish and European cases examined herein are different. The research conducted enables a better understanding of the interpretative value of legislative history in legal interpretation and can result in more frequent use of this tool in the judicial activity of national and European courts.
{"title":"Legislative History as an Interpretative Tool in Uni- and Multinlingual Legal Systems (Based on the Example of Poland and the UE)","authors":"Agnieszka Bielska-Brodziak, Karolina Paluszek","doi":"10.14746/cl.2018.34.1","DOIUrl":"https://doi.org/10.14746/cl.2018.34.1","url":null,"abstract":"Abstract The paper aims to analyse and compare the interpretative function of legislative history in the judicial activity of the European Court of Justice and Polish courts. The authors have analysed judgments of the respective courts, focusing on the role of legislative history in their argumentation. In the Polish and European doctrine, the usefulness of travaux preparatoires has been underestimated. Nevertheless, legislative history may provide arguments important in judicial reasoning both in uni- and multilingual legal systems. However, its importance and functions in Polish and European cases examined herein are different. The research conducted enables a better understanding of the interpretative value of legislative history in legal interpretation and can result in more frequent use of this tool in the judicial activity of national and European courts.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43369292","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 focus of this paper is centered on the translation of German and Polish court names. Based on a thorough analysis of the translation terms used in legal literature and dictionaries, the author concludes that the court names are often being translated in a way that makes it impossible for the reader to correctly identify the institution in question, thus undermining the comprehensibility of the target texts significantly. Pointing to the differences between the court systems of Germany and Poland, the author contemplates whether the dissimilarities between two institutions from different legal systems need always to be marked in the translation. On the basis of the comparative law theory, the meaning features essential for both legal communication and legal translation are identified and presented. In the next part, the author examines how to translate the court names so that the institution at issue is instantly recognizable in the target text. As a result, three comprehensive translation techniques are proposed. The presented translation techniques shall contribute to improving the comprehensibility of legal texts, and constitute an alternative to the descriptive translation of these institutions.
{"title":"Towards Comprehensibility in the Translation of German and Polish Court Names","authors":"Paweł Bielawski","doi":"10.14746/cl.2018.34.4","DOIUrl":"https://doi.org/10.14746/cl.2018.34.4","url":null,"abstract":"Abstract The focus of this paper is centered on the translation of German and Polish court names. Based on a thorough analysis of the translation terms used in legal literature and dictionaries, the author concludes that the court names are often being translated in a way that makes it impossible for the reader to correctly identify the institution in question, thus undermining the comprehensibility of the target texts significantly. Pointing to the differences between the court systems of Germany and Poland, the author contemplates whether the dissimilarities between two institutions from different legal systems need always to be marked in the translation. On the basis of the comparative law theory, the meaning features essential for both legal communication and legal translation are identified and presented. In the next part, the author examines how to translate the court names so that the institution at issue is instantly recognizable in the target text. As a result, three comprehensive translation techniques are proposed. The presented translation techniques shall contribute to improving the comprehensibility of legal texts, and constitute an alternative to the descriptive translation of these institutions.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49370813","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 article deals with basic requirements to the translation for specific purposes, namely legal translation. The problem posed here is defining object and theoretical basis of legal translation. The question of the necessity of information search as an integral part of translation strategy has been raised. Detailed analysis revealed that the requirements of professional translators include knowledge of lexical and grammatical peculiarities of both languages in legal sphere; deep understanding of the concepts employed by specialists in particular field and the specialist terms used to express these concepts and their relationships in the source and target languages. It is recommended that evaluation of the translation may be done on the following principles: communicative pragmatic norms of translation; equivalent norms of translation; absence of contextual, cultural, functional, lexico-grammatical mistakes.
{"title":"Legal Discourse: Text Analysis and Translation Strategies","authors":"Olena Velykodska","doi":"10.14746/cl.2018.34.3","DOIUrl":"https://doi.org/10.14746/cl.2018.34.3","url":null,"abstract":"Abstract The article deals with basic requirements to the translation for specific purposes, namely legal translation. The problem posed here is defining object and theoretical basis of legal translation. The question of the necessity of information search as an integral part of translation strategy has been raised. Detailed analysis revealed that the requirements of professional translators include knowledge of lexical and grammatical peculiarities of both languages in legal sphere; deep understanding of the concepts employed by specialists in particular field and the specialist terms used to express these concepts and their relationships in the source and target languages. It is recommended that evaluation of the translation may be done on the following principles: communicative pragmatic norms of translation; equivalent norms of translation; absence of contextual, cultural, functional, lexico-grammatical mistakes.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67364544","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 Most interpretational problems in law pertain to the meaning of words. However, in this paper I address problems caused in Polish courts by grammar (namely: syntax and inflexion) of legal provisions. One can distinguish five main sources of grammatical issues in judicial interpretation of law: syntax of a sentence (i.e. order of words), conjunctive words (i.e. i, lub), punctuation marks (i.e. comma, semicolon, dash), nominal grammatical categories (i.e. number, gender), verbal grammatical categories (i. e. aspect, tense, mood). Traditional Polish canons of interpretation offer no clues on how to deal with such issues, stating only that statutes should be construed in accordance with the rules of grammar. In fact, cases in which such interpretational issues occur, are decided in a highly incoherent manner. The courts tend to feel a tension between grammatical form of a provision and its purpose, function, or other extra-linguistic values. I think the main reason of such controversy is a very limited vision of grammar shared by the courts, stemmed from primary school rather than contemporary linguistic theories.
{"title":"Grammatical Issues in Judicial Interpretation – Does Legal Practice Needs Linguistic Theory? Based on Polish Courts’ Decisions","authors":"M. Zeifert","doi":"10.14746/cl.2018.34.2","DOIUrl":"https://doi.org/10.14746/cl.2018.34.2","url":null,"abstract":"Abstract Most interpretational problems in law pertain to the meaning of words. However, in this paper I address problems caused in Polish courts by grammar (namely: syntax and inflexion) of legal provisions. One can distinguish five main sources of grammatical issues in judicial interpretation of law: syntax of a sentence (i.e. order of words), conjunctive words (i.e. i, lub), punctuation marks (i.e. comma, semicolon, dash), nominal grammatical categories (i.e. number, gender), verbal grammatical categories (i. e. aspect, tense, mood). Traditional Polish canons of interpretation offer no clues on how to deal with such issues, stating only that statutes should be construed in accordance with the rules of grammar. In fact, cases in which such interpretational issues occur, are decided in a highly incoherent manner. The courts tend to feel a tension between grammatical form of a provision and its purpose, function, or other extra-linguistic values. I think the main reason of such controversy is a very limited vision of grammar shared by the courts, stemmed from primary school rather than contemporary linguistic theories.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43982543","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 author presents data gathered in an online survey questionnaire (https://www.interankiety.pl/i/RGmj5rDv) which is a part of a broader research project related to the quality of translation of English language documents in the field of commercial law that are processed in the judicial registration proceedings in reference to the entities subject to registration at the Register of Entrepreneurs of the National Court Register (RP, KRS). The questions and hypotheses posed by the author relate to the relationship or comparison of nation-wide data concerning cases with foreign element in the context of the documents in translation on file in the National Court Register (source texts and their certified translations). The survey is the first stage of this project and has been ascribed a number of aims: allowing for a definition of the genre profile of the corpus texts; identifying the general sociologically conditioned tendencies in their structure; and – primarily – determining the practically feasible search criterion for compiling a design corpus for further quantitative and qualitative analysis of selected language structures (the ensuing stages of the said project).
{"title":"Capitalising on Polish Translation Market Data in the Field of Commercial Law","authors":"Edyta Więcławska","doi":"10.14746/cl.2018.33.4","DOIUrl":"https://doi.org/10.14746/cl.2018.33.4","url":null,"abstract":"Abstract The author presents data gathered in an online survey questionnaire (https://www.interankiety.pl/i/RGmj5rDv) which is a part of a broader research project related to the quality of translation of English language documents in the field of commercial law that are processed in the judicial registration proceedings in reference to the entities subject to registration at the Register of Entrepreneurs of the National Court Register (RP, KRS). The questions and hypotheses posed by the author relate to the relationship or comparison of nation-wide data concerning cases with foreign element in the context of the documents in translation on file in the National Court Register (source texts and their certified translations). The survey is the first stage of this project and has been ascribed a number of aims: allowing for a definition of the genre profile of the corpus texts; identifying the general sociologically conditioned tendencies in their structure; and – primarily – determining the practically feasible search criterion for compiling a design corpus for further quantitative and qualitative analysis of selected language structures (the ensuing stages of the said project).","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48202428","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 purpose of this research is to explore plain-language postulates reflecting on legal drafting assumptions since legal acts should be precise, clear and express with no doubts the intention of the legislator. The aim of this project is to commence discussion about improving the clarity of Polish consumer law based on selected plain-language techniques. This article agrees that the aspiration to make the law comprehensible for all subjects is an idealistic postulate. Ultimately, despite this, legislators’ obligation is to make an effort to increase the intelligibility of legislation wherever it is possible.
{"title":"Plain-Language Approach in Legislative Drafting: A Perspective from Poland","authors":"N. Zych","doi":"10.14746/cl.2018.33.5","DOIUrl":"https://doi.org/10.14746/cl.2018.33.5","url":null,"abstract":"Abstract The purpose of this research is to explore plain-language postulates reflecting on legal drafting assumptions since legal acts should be precise, clear and express with no doubts the intention of the legislator. The aim of this project is to commence discussion about improving the clarity of Polish consumer law based on selected plain-language techniques. This article agrees that the aspiration to make the law comprehensible for all subjects is an idealistic postulate. Ultimately, despite this, legislators’ obligation is to make an effort to increase the intelligibility of legislation wherever it is possible.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45741477","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 paper reports on a survey into the linguistic needs of law professionals in four European countries, with the aim of identifying their views on the importance and their use of foreign language skills as well as their preferences for ELP course content. The data, obtained from a questionnaire survey of 536 legal professionals from Poland, the Czech Republic, Croatia and Germany, show that while the respondents agree on many of the major points, there are also some differences conditioned by the respondents’ age and the specific tasks they perform in the legal profession. The article argues that these variables have to be taken into consideration in the LSP context because they determine some of the specific needs that need to be addressed in Legal English instruction. It is suggested that the findings about the lawyers’ self-perceived importance and preferred styles of learning are highly relevant for LSP practitioners, particularly when designing Legal English programmes and testing materials.
{"title":"Addressing the Needs of Lawyers in Legal English: A Comparative Study in Four European Union Countries","authors":"Halina Sierocka, B. Chovancová, Ljubica Kordić","doi":"10.14746/cl.2018.33.3","DOIUrl":"https://doi.org/10.14746/cl.2018.33.3","url":null,"abstract":"Abstract The paper reports on a survey into the linguistic needs of law professionals in four European countries, with the aim of identifying their views on the importance and their use of foreign language skills as well as their preferences for ELP course content. The data, obtained from a questionnaire survey of 536 legal professionals from Poland, the Czech Republic, Croatia and Germany, show that while the respondents agree on many of the major points, there are also some differences conditioned by the respondents’ age and the specific tasks they perform in the legal profession. The article argues that these variables have to be taken into consideration in the LSP context because they determine some of the specific needs that need to be addressed in Legal English instruction. It is suggested that the findings about the lawyers’ self-perceived importance and preferred styles of learning are highly relevant for LSP practitioners, particularly when designing Legal English programmes and testing materials.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42439360","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 Legal language is hallmarked by a pedantic and user-unfriendly jargon whose constructs are all but intuitive, not to mention the legal system specificity which makes it unique in every country. Second language (L2) learners or scholars, hence, may find it difficult to understand the language of the law; whereas translators may consider legal lexical phrases and patterns rather intricate to deal with. The literature claims that a practical way to deepen language knowledge can be found in the Web considered as corpus and in online corpora. This paper is aimed at exploring whether commercial search engines, Web concordancers and online specialised corpora can tackle the issues revolving around legal language. In particular, it will investigate whether Google advanced search and the Leeds Web concordancer can be used to meet the requirements of legal language learners, scholars and translators. Furthermore, it will address legal language queries (and results) in an online specialised corpus: the COCA. This paper will provide instances of the soundness of the above-mentioned online resources, especially when used jointly as cross-analysis tools. The shortcomings of one can, in fact, be compensated for by the other(s).
{"title":"The Web as Corpus and Online Corpora for Legal Translations","authors":"Patrizia Giampieri","doi":"10.14746/cl.2018.33.2","DOIUrl":"https://doi.org/10.14746/cl.2018.33.2","url":null,"abstract":"Abstract Legal language is hallmarked by a pedantic and user-unfriendly jargon whose constructs are all but intuitive, not to mention the legal system specificity which makes it unique in every country. Second language (L2) learners or scholars, hence, may find it difficult to understand the language of the law; whereas translators may consider legal lexical phrases and patterns rather intricate to deal with. The literature claims that a practical way to deepen language knowledge can be found in the Web considered as corpus and in online corpora. This paper is aimed at exploring whether commercial search engines, Web concordancers and online specialised corpora can tackle the issues revolving around legal language. In particular, it will investigate whether Google advanced search and the Leeds Web concordancer can be used to meet the requirements of legal language learners, scholars and translators. Furthermore, it will address legal language queries (and results) in an online specialised corpus: the COCA. This paper will provide instances of the soundness of the above-mentioned online resources, especially when used jointly as cross-analysis tools. The shortcomings of one can, in fact, be compensated for by the other(s).","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44694965","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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