Abstract Legal language and its translation are considerably more complex than scientific and technical translation because the legal object is a text that performs an action. For this reason it is not only necessary to consider the legal terminology but also the structure of the text itself as well as the verbs used and their performative act. In this paper, we explore how the analysis of terminological meaning in legal texts can be addressed from the perspective of Frame-Based Terminology (FBT), a cognitive approach to domain-specific language, which directly links specialized knowledge representation to cognitive linguistics and cognitive semantics. In a case study on international agreements in the context of environmental law, we analyze the argument structure of verbs as well as the conceptual categories of their semantic arguments providing insights into the semantic profile of this text type. The representation of the verb class and its semantic arguments can be considered a type of interlingua that could be used as a basis for translation.
{"title":"Framing terminology in legal translation","authors":"P. Faber, A. Reimerink","doi":"10.1515/ijld-2019-2015","DOIUrl":"https://doi.org/10.1515/ijld-2019-2015","url":null,"abstract":"Abstract Legal language and its translation are considerably more complex than scientific and technical translation because the legal object is a text that performs an action. For this reason it is not only necessary to consider the legal terminology but also the structure of the text itself as well as the verbs used and their performative act. In this paper, we explore how the analysis of terminological meaning in legal texts can be addressed from the perspective of Frame-Based Terminology (FBT), a cognitive approach to domain-specific language, which directly links specialized knowledge representation to cognitive linguistics and cognitive semantics. In a case study on international agreements in the context of environmental law, we analyze the argument structure of verbs as well as the conceptual categories of their semantic arguments providing insights into the semantic profile of this text type. The representation of the verb class and its semantic arguments can be considered a type of interlingua that could be used as a basis for translation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"9 1","pages":"15 - 46"},"PeriodicalIF":1.5,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81526640","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 What’s responsibility Sanchi oil tanker should take under Chinese law? Under the initiative of the belt and one road, especially Maritime Silk Road, China Maritime Court has extended jurisdiction to cover all cases arising from seawater since 2016, which means that China Maritime Court has criminal and administrative jurisdiction in maritime affairs besides civil jurisdiction in the near future. The compound mode of jurisdiction is one of the most important steps in the judicial reform of China. This development will affect maritime legislation deeply, especially marine pollution law. China has made the great improvement in marine pollution legislation in the past forty-five years. However, due to the old administrative pattern of land-based strategy, “from many doors” becomes the difficult pyridoxine for practice; Chinese governments used to depending on the special regulations instead of Ocean Basic Law to regulate marine pollution act, there is no global law to regulate marine pollution act up to now. Based on the results of marine pollution cases judged or solved by the China Maritime Court, marine polluter only needs to pay economic damages and there is no criminal liability. For solving practical matters more efficiently and thoroughly, and for protecting the marine environment more globally, we’d better adjust administrative management pattern, make Ocean Basic Law, and set multiple liabilities for marine polluter and unify marine pollution legislation.
{"title":"Evolution and issues of marine pollution law in China: From 1970s to 2018","authors":"Yingying Li","doi":"10.1515/ijld-2018-2012","DOIUrl":"https://doi.org/10.1515/ijld-2018-2012","url":null,"abstract":"Abstract What’s responsibility Sanchi oil tanker should take under Chinese law? Under the initiative of the belt and one road, especially Maritime Silk Road, China Maritime Court has extended jurisdiction to cover all cases arising from seawater since 2016, which means that China Maritime Court has criminal and administrative jurisdiction in maritime affairs besides civil jurisdiction in the near future. The compound mode of jurisdiction is one of the most important steps in the judicial reform of China. This development will affect maritime legislation deeply, especially marine pollution law. China has made the great improvement in marine pollution legislation in the past forty-five years. However, due to the old administrative pattern of land-based strategy, “from many doors” becomes the difficult pyridoxine for practice; Chinese governments used to depending on the special regulations instead of Ocean Basic Law to regulate marine pollution act, there is no global law to regulate marine pollution act up to now. Based on the results of marine pollution cases judged or solved by the China Maritime Court, marine polluter only needs to pay economic damages and there is no criminal liability. For solving practical matters more efficiently and thoroughly, and for protecting the marine environment more globally, we’d better adjust administrative management pattern, make Ocean Basic Law, and set multiple liabilities for marine polluter and unify marine pollution legislation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"1 1","pages":"287 - 310"},"PeriodicalIF":1.5,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76200513","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 sets out to examine the stability and motivation of collocations with the word laisvė ‘liberty, freedom’ in the Criminal Code of the Republic of Lithuania and tendencies of their rendering into English. The methodology of research relies on the cognitive linguistic principles of embodiment, the understanding of metaphor in terms of cross-domain mappings, the relevance of context and frames. The results demonstrate very stable collocations in Lithuanian, all of which are metaphorically motivated and constitute legal terms. Their translation into English uncovers some tendencies of the same and different conceptualisation of such notions of criminal law as the restriction of liberty, deprivation of liberty, imprisonment and some others. The English terms, equivalents of the selected Lithuanian terms with the word laisvė, are much less metaphorical than could be expected.
{"title":"Deprivation of liberty or imprisonment? Metaphorical motivation of some terms in the Criminal Code of the Republic of Lithuania and their translation into English","authors":"Inesa Šeškauskienė, Justina Urbonaitė","doi":"10.1515/ijld-2018-2007","DOIUrl":"https://doi.org/10.1515/ijld-2018-2007","url":null,"abstract":"Abstract The paper sets out to examine the stability and motivation of collocations with the word laisvė ‘liberty, freedom’ in the Criminal Code of the Republic of Lithuania and tendencies of their rendering into English. The methodology of research relies on the cognitive linguistic principles of embodiment, the understanding of metaphor in terms of cross-domain mappings, the relevance of context and frames. The results demonstrate very stable collocations in Lithuanian, all of which are metaphorically motivated and constitute legal terms. Their translation into English uncovers some tendencies of the same and different conceptualisation of such notions of criminal law as the restriction of liberty, deprivation of liberty, imprisonment and some others. The English terms, equivalents of the selected Lithuanian terms with the word laisvė, are much less metaphorical than could be expected.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"171 1","pages":"173 - 195"},"PeriodicalIF":1.5,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82076010","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 Based on the literature review of previous studies in court interaction, this paper tries to confine its discussion into a relatively detailed topic— presuppositions—in both direct examination and cross-examination. The primary aim is to examine the interaction between illocutionary acts, meaning and intentions in court discourse, which is helpful to understand the interaction between different discourse community in judicial system, while the ultimate goal is to investigate the balance between narrative and persuasion achieved by patterns of presuppositions, which are initiated by court questioners: prosecutors and lawyers. This paper finds in direct examination, presuppositions make evidence more admissible, witness more credible and therefore narrative more coherent, believable; in cross-examination, presuppositions are mainly used to challenge the credibility of the hostile witness and therefore deconstruct the narrative of the opposite lawyer. A presupposition is a method of verifying or challenging facts and credibility.
{"title":"Presuppositions as discourse strategies in court examinations","authors":"Jian Li, Yuxiu Sun","doi":"10.1515/ijld-2018-2008","DOIUrl":"https://doi.org/10.1515/ijld-2018-2008","url":null,"abstract":"Abstract Based on the literature review of previous studies in court interaction, this paper tries to confine its discussion into a relatively detailed topic— presuppositions—in both direct examination and cross-examination. The primary aim is to examine the interaction between illocutionary acts, meaning and intentions in court discourse, which is helpful to understand the interaction between different discourse community in judicial system, while the ultimate goal is to investigate the balance between narrative and persuasion achieved by patterns of presuppositions, which are initiated by court questioners: prosecutors and lawyers. This paper finds in direct examination, presuppositions make evidence more admissible, witness more credible and therefore narrative more coherent, believable; in cross-examination, presuppositions are mainly used to challenge the credibility of the hostile witness and therefore deconstruct the narrative of the opposite lawyer. A presupposition is a method of verifying or challenging facts and credibility.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"107 1","pages":"197 - 212"},"PeriodicalIF":1.5,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75693865","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 In this research project, we introduce an interdisciplinary study of language and the law—forensic linguistics. In the field of forensic linguistics, the topic of discourse probably receives the most study. The discourse phenomenon we investigated is interruption, commonly regarded as a display of power and control. Our study concentrated on observing the distributions and functions of interruption that take place in criminal courtroom discourse. Given the unique features in criminal courtroom discourse, such as the highly institutionalized nature, the strong goal orientation, the unique question–answer interaction pattern, its rigid procedure and the high stakes for the defendants, the interruption phenomenon greatly deviates away from that in other settings. For our observation, we collected data from the trial proceedings of criminal courts. The main concern is to determine whether the defendants’ right to speak and to be heard is respected by the other participants in the courtroom. Too much interruption may prevent the defendants from explaining themselves, thus infringing on their legal rights. Overall, judges and prosecutors interrupt considerably more frequently than defense lawyers and defendants. The asymmetry in treatment towards the participants in court trials can be censorable. In addition, we found that time pressure prevented judges from giving participants sufficient time to express themselves.
{"title":"An investigation of interruption in courtroom discourse","authors":"Pi-Chan Hu","doi":"10.1515/ijld-2018-2009","DOIUrl":"https://doi.org/10.1515/ijld-2018-2009","url":null,"abstract":"Abstract In this research project, we introduce an interdisciplinary study of language and the law—forensic linguistics. In the field of forensic linguistics, the topic of discourse probably receives the most study. The discourse phenomenon we investigated is interruption, commonly regarded as a display of power and control. Our study concentrated on observing the distributions and functions of interruption that take place in criminal courtroom discourse. Given the unique features in criminal courtroom discourse, such as the highly institutionalized nature, the strong goal orientation, the unique question–answer interaction pattern, its rigid procedure and the high stakes for the defendants, the interruption phenomenon greatly deviates away from that in other settings. For our observation, we collected data from the trial proceedings of criminal courts. The main concern is to determine whether the defendants’ right to speak and to be heard is respected by the other participants in the courtroom. Too much interruption may prevent the defendants from explaining themselves, thus infringing on their legal rights. Overall, judges and prosecutors interrupt considerably more frequently than defense lawyers and defendants. The asymmetry in treatment towards the participants in court trials can be censorable. In addition, we found that time pressure prevented judges from giving participants sufficient time to express themselves.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"5 1","pages":"213 - 234"},"PeriodicalIF":1.5,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83142220","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 Implementing plain legal language is a project for those who are trying to build trust in legal systems all over the world. This paper aims at comparing successful policies in certain countries and describing the efforts made towards achieving a Spanish plain legal discourse. The paper lays out the definition of plain language, reviews the reluctance of professionals to make changes in legal language and specifies which legal documents are under discussion. The long-standing plain English movement and the positive Swedish example are considered, in combination with the ongoing developments of the German and French legal languages. It then analyses the legislative process within the European Union and uncovers the need for more collaboration between jurists and linguists. Adding to these case studies, this paper interrogates the contemporary state of legal Spanish. Despite institutional efforts in various countries, which are detailed in the last section, legal Spanish remains obscure and holds back the democratization of justice. Taking into account that Spanish is the second-most widely spoken language in the world and the wide use of the Internet for legal matters, the need to clarify legalese is more pressing than ever. The demand for trust in justice advances incessantly, but the implementation of a transparent legal discourse seems to be at a standstill.
{"title":"Endeavours towards a plain legal language: The case of Spanish in context","authors":"Anna Alsina Naudi","doi":"10.1515/ijld-2018-2010","DOIUrl":"https://doi.org/10.1515/ijld-2018-2010","url":null,"abstract":"Abstract Implementing plain legal language is a project for those who are trying to build trust in legal systems all over the world. This paper aims at comparing successful policies in certain countries and describing the efforts made towards achieving a Spanish plain legal discourse. The paper lays out the definition of plain language, reviews the reluctance of professionals to make changes in legal language and specifies which legal documents are under discussion. The long-standing plain English movement and the positive Swedish example are considered, in combination with the ongoing developments of the German and French legal languages. It then analyses the legislative process within the European Union and uncovers the need for more collaboration between jurists and linguists. Adding to these case studies, this paper interrogates the contemporary state of legal Spanish. Despite institutional efforts in various countries, which are detailed in the last section, legal Spanish remains obscure and holds back the democratization of justice. Taking into account that Spanish is the second-most widely spoken language in the world and the wide use of the Internet for legal matters, the need to clarify legalese is more pressing than ever. The demand for trust in justice advances incessantly, but the implementation of a transparent legal discourse seems to be at a standstill.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"37 1","pages":"235 - 268"},"PeriodicalIF":1.5,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86825310","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 It is said that metaphor is often than not ignored in forensic language in respect of legislation, judiciary, law enforcement and dissemination, as people think that law is a rigorous discipline and legal language is rigid, and that the use of metaphor can make the law lose its accuracy and authority. Then what is the truth? Based on the Conceptual Metaphor Theory (CMT), this study aims to investigate the conceptual metaphor in the cognitive domain of law. The authors have conducted a text analysis and a follow-up review on Company Law of the People’s Republic of China (PRC Company Law for short) and extracted five categories of conceptual metaphor centering on A COMPANY IS A LEGAL PERSON, including its identity, rights, obligations, liabilities and relationship with other companies.
{"title":"The conceptual metaphors in law—a case analysis of PRC Company Law","authors":"Xiaolu Wang, Yanjun Tu","doi":"10.1515/ijld-2018-2011","DOIUrl":"https://doi.org/10.1515/ijld-2018-2011","url":null,"abstract":"Abstract It is said that metaphor is often than not ignored in forensic language in respect of legislation, judiciary, law enforcement and dissemination, as people think that law is a rigorous discipline and legal language is rigid, and that the use of metaphor can make the law lose its accuracy and authority. Then what is the truth? Based on the Conceptual Metaphor Theory (CMT), this study aims to investigate the conceptual metaphor in the cognitive domain of law. The authors have conducted a text analysis and a follow-up review on Company Law of the People’s Republic of China (PRC Company Law for short) and extracted five categories of conceptual metaphor centering on A COMPANY IS A LEGAL PERSON, including its identity, rights, obligations, liabilities and relationship with other companies.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"24 1","pages":"269 - 285"},"PeriodicalIF":1.5,"publicationDate":"2018-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83376149","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 article addresses The legal discourse in respect of the status of deserted Jewish Wives-Agunot in light of Halachic-Jewish Law Responsa of Rabbi Yaakov Moshe Toledano [Jewish legal] work Hayam Hagadol (Cairo, 1931) and Bat Ami (Tel Aviv 1947), which belongs to the category of Rabbinic Responsa. From these sources we learn of the legal discourse and his halachic approach in matters related to legal status of deserted Jewish wives (“Agunot”). From his responsa we learn of his use of the legal discourse, how he combined fully spelled out words and acronyms in Hebrew, the main language of his writings. He also used Aramaic, and foreign words written in Hebrew letters, as well as technical terms. We learn of his approach after he had meticulously studied halachic problems and issues, and combined halacha with historical events that impacted on the Jews over the centuries. Using these he issued halachic rulings. He used common sense, and did not rule out modern inputs, but rather addressed them and reached a halachic decision in order to provide his petitioners an adequate response. This article examines whether he was a strict rabbinic adjudicator or tended towards leniency.
{"title":"The legal discourse in respect of the status of deserted Jewish wives-Agunot in light of Halachic-Jewish Law Responsa of Rabbi Yaakov Moshe Toledano","authors":"M. Ovadia","doi":"10.1515/ijld-2017-0008","DOIUrl":"https://doi.org/10.1515/ijld-2017-0008","url":null,"abstract":"Abstract This article addresses The legal discourse in respect of the status of deserted Jewish Wives-Agunot in light of Halachic-Jewish Law Responsa of Rabbi Yaakov Moshe Toledano [Jewish legal] work Hayam Hagadol (Cairo, 1931) and Bat Ami (Tel Aviv 1947), which belongs to the category of Rabbinic Responsa. From these sources we learn of the legal discourse and his halachic approach in matters related to legal status of deserted Jewish wives (“Agunot”). From his responsa we learn of his use of the legal discourse, how he combined fully spelled out words and acronyms in Hebrew, the main language of his writings. He also used Aramaic, and foreign words written in Hebrew letters, as well as technical terms. We learn of his approach after he had meticulously studied halachic problems and issues, and combined halacha with historical events that impacted on the Jews over the centuries. Using these he issued halachic rulings. He used common sense, and did not rule out modern inputs, but rather addressed them and reached a halachic decision in order to provide his petitioners an adequate response. This article examines whether he was a strict rabbinic adjudicator or tended towards leniency.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"67 1","pages":"159 - 171"},"PeriodicalIF":1.5,"publicationDate":"2018-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84035318","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 looks at the industrial practice to translate legal intellectual property text such as patents and trademarks in order to examine if there are or there are not special approaches and methods needed to work on these texts and to identify some translation theories to see if these are or are not applicable to intellectual property text. The theories chosen are examples and far from being exhaustive. Intellectual property field is very wide so focusing on Community Trademark would provide a more focused approach. The paper shows that while many of the general applicable approaches/methods are applicable, yet the translation of trademarks deserves to be treated as a field of specialised translation such as medical or legal. The objective is to show that there are certain translation approaches that are useful for the translation of these types of texts rather than for general translation. This study is mainly limited to the translation of Community Trademarks of the European Union and comparisons which can be made with the translation of patents and or other specialised translation.
{"title":"The translation of EU trademarks – a special type of Intellectual Property translation","authors":"Ian Sammut","doi":"10.1515/ijld-2018-2002","DOIUrl":"https://doi.org/10.1515/ijld-2018-2002","url":null,"abstract":"Abstract This paper looks at the industrial practice to translate legal intellectual property text such as patents and trademarks in order to examine if there are or there are not special approaches and methods needed to work on these texts and to identify some translation theories to see if these are or are not applicable to intellectual property text. The theories chosen are examples and far from being exhaustive. Intellectual property field is very wide so focusing on Community Trademark would provide a more focused approach. The paper shows that while many of the general applicable approaches/methods are applicable, yet the translation of trademarks deserves to be treated as a field of specialised translation such as medical or legal. The objective is to show that there are certain translation approaches that are useful for the translation of these types of texts rather than for general translation. This study is mainly limited to the translation of Community Trademarks of the European Union and comparisons which can be made with the translation of patents and or other specialised translation.","PeriodicalId":55934,"journal":{"name":"International Journal of Legal Discourse","volume":"14 1","pages":"133 - 158"},"PeriodicalIF":1.5,"publicationDate":"2018-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74937197","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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