scholarly journals Postulat usunięcia terminu obyczajność z Kodeksu karnego

2021 ◽  
Vol 28 (1) ◽  
pp. 123-142
Author(s):  
Łukasz Piosik
Keyword(s):  
Penal Code ◽  
Legal Language ◽  
Precise Description ◽  
Legal Text ◽  
Sexual Crimes ◽  
Professional Interpreter

In my article, I formulate and describe the demand to remove the term obyczajność (propriety) from the Penal Code. In the course of the analysis, I will attempt to prove that its presence in the Act is an example of cultivating a terminological tradition that dates back to the partitions period and was started for a reason that is currently out­dated – the general language was insufficient to describe sexual crimes. I also show that due to the discrepancy between the general and legal language, the use of the term obyczajność may mislead a non-professional interpreter of a legal text. The text con­cludes with a more precise description of the titular demand, i.e. a proposal to change the title of Chapter 25 of the Penal Code.

Sophisticated Textualism and Sanctions

2020 ◽  
Vol 82 ◽  
pp. 343-357
Author(s):  
Tomasz Zyglewicz
Keyword(s):  
Legal Language ◽  
Possible World ◽  
Legal Text

In this paper I present a difficulty for Matczak’s sophisticated textualism. I argue that, due to his claims about the descriptive character of legal language and the unity of the possible world postulated by the legal text, his theory cannot successfully account for norms that express factors that an authority should take into account when determining the measure of sanction. I reject two replies to this objection that do not require a modification of Matczak’s account. The upshot of my argument is that in order to accommodate norms pertaining to sanctions, Matczak should drop the assumption of unity of the possible world described by the legal text.

scholarly journals Grupa nominalna w ustawach . System wewnątrztekstowych-odniesień

2016 ◽  
pp. 95-104 ◽  
Author(s):  
Romana Łapa
Keyword(s):  
Legal Language ◽  
Specific Nature ◽  
Legal Text ◽  
Initial Location ◽  
Legal Texts ◽  
Two Component ◽  
Event Driven ◽  
Nominal Groups ◽  
Polish Language

This paper deals with a group of contemporary legal texts which have the form of statutes. The author describes the anaphoric relation between nominal groups (NG) constituted by an event-driven element and sentences which are linearly prior to these groups, the so-called antecedents. The analysis, founded on principles of syntax with a semantic basis, provides observations about restrictions in the formalisation of elements of the semantic base whose elements can be connected with the use of NG. The disclosure of elements of the content plan, excluding exceptions, entails a condensation which causes that categorical meanings that are the most intensely governed and communicatively relevant are fulfilled on the surface. The inability to reproduce the meaning of the “grammatical agent” causes that NG with a constitutive event-driven element are an indication of the depersonalisation attributed to legal texts. The repeatability of NG, mainly one- and two-component phrases, as well as their initial location in an utterance are factors depicting another feature of statutes: syntactic schematism. The author also demonstrates that the system of intratextual references is not the same in various variants of the Polish language. In the statute, as a genre of the legal language, its specific nature is already noticeable within one of the systematising units of the legal text, i.e. the article. The specific nature of the examined relation is conditioned by (1) the proper arrangement of structures connected with a network of references, and (2) the manner of their denotation. These features are the results of adherence to the editorial principles of legal texts.

scholarly journals LE PRÉAMBULE DE LA CONSTITUTION COMME UN EXEMPLE D'UN TEXTE DE DROIT

2017 ◽  
Vol 30 ◽  
pp. 51-66
Author(s):  
Piotr PIEPRZYCA
Keyword(s):  
Legal System ◽  
The Other ◽  
European Countries ◽  
Legal Language ◽  
Legal Text ◽  
Form And Function ◽  
Legal Texts ◽  
History Of ◽  
Almost All ◽  
And Function

Preamble to the Constitution is a special type of legal text, which differs significantly from the other legislative texts, both in terms of vocabulary, syntax and semantics. This paper aims to make the characteristics of the legal language of the preamble to the Constitution – its content, form and function it plays in the legal system. The linguistic corpus is composed of over twenty preambles to constitutions of European countries. The results show that, despite some differences between the preambles of individual European countries, there are many features in common – almost all mention the values and principles, considered as fundamental to the nation, such as independence, freedom or democracy. Some preambles also refer to the history of the country or religion and to the person of God – both indirectly and directly. Despite the fact that the preamble in terms of language is not like other legal texts, it has the characteristics of a normative act.

scholarly journals TECHNIKA KOMUNIKOWANIA PRAWA W DECYZJACH I ZARZĄDZENIACH ADMINISTRACYJNYCH

2018 ◽  
Vol 31 ◽  
pp. 27-54
Author(s):  
Maria Teresa LIZISOWA
Keyword(s):  
Decision Maker ◽  
Personal Knowledge ◽  
Legal Language ◽  
Legal Text ◽  
Legal Norms ◽  
Linguistic Understanding ◽  
The Status ◽  
Legislative Language ◽  
Mutual Relations

The article is a linguistic lecture on mutual relations between legal language and legislative language on the semantic, syntactic, pragmatic and stylistic planes. The author analysed decisions and official regulations with regard to the status of language as well as the linguistic understanding of communication. A decisive official act is a testimony of the primary reading of the text of a legislative act by an official, fulfilling the role of an interpreter and a decision maker in applying law. He fulfils a duty imposed on him by the norm of competence, verbalised in principles of legal acts. In the process of organizing a legal text, he makes use of the rules of language, according to both the studied and the statutorily recommended rules of the interpretations of law. Through evoking the content of legal articles in official documents, therefore through concretization of legal norms in the process of reception, the legal meanings and contexts undergo a certain kind of assimilation by an official-interpreter. Later, they become adapted in corresponding legal situations, and finally, as a consequence, a process of universalization of knowledge about the established law takes place, because an official-decision maker inscribes his personal knowledge of the legislative content into a specific legal reality of his own community.

scholarly journals MACHINE TRANSLATION IN THE FIELD OF LAW: A STUDY OF THE TRANSLATION OF ITALIAN LEGAL TEXTS INTO GERMAN

2019 ◽  
Vol 37 ◽  
pp. 117-153
Author(s):  
Eva WIESMANN
Keyword(s):  
Machine Translation ◽  
Translation System ◽  
Legal Language ◽  
Legal Text ◽  
Raising Awareness ◽  
Legal Texts ◽  
Different Types ◽  
Machine Translation System ◽  
Translation Pedagogy ◽  
Legal Expertise

With the advent of the neural paradigm, machine translation has made another leap in quality. As a result, its use by trainee translators has increased considerably, which cannot be disregarded in translation pedagogy. However, since legal texts have features that pose major challenges to machine translation, the question arises as to what extent machine translation is now capable of translating legal texts or at least certain types of legal text into another legal language well enough so that the post-editing effort is limited, and, consequently, whether a targeted use in translation pedagogy can be considered. In order to answer this question, DeepL Translator, a machine translation system, and MateCat, a CAT system that integrates machine translation, were tested. The test, undertaken at different times and without specific translation memories, provided for the translation of several legal texts of different types utilising both systems, and was followed by systematisation of errors and evaluation of translation results. The evaluation was carried out according to the following criteria: 1) comprehensibility and meaningfulness of the target text; and 2) correspondence between source and target text in consideration of the specific translation situation. Overall, the results are considered insufficient to give post-editing of machine-translated legal texts a bigger place in translation pedagogy. As the evaluation of the correspondence between source and target text was fundamentally worse than with regard to the meaningfulness of the target text, translation pedagogy should respond by raising awareness about differences between machine translation output and human translation in this field, and by improving translation approach and strengthening legal expertise.

scholarly journals Aplicación del artículo 68 del Código Penal en caso de semiimputabilidad y Multirreincidencia

2021 ◽  
pp. 59
Author(s):  
Mario Sánchez Dafauce
Keyword(s):  
Penal Code ◽  
Legal Text ◽  
Criminal Penalty ◽  
Maximum Limit

Se aborda en este trabajo el análisis de las relaciones entre la determinación de la pena prevista por el artículo 68 del Código Penal y el límite máximo de internamiento de acuerdo con las prescripciones del artículo 104.1 del mismo texto legal. Se estudian asimismo las prioridades de subsunción entre los arts. 68 y 66.1.7.ª del Código Penal y se hace una referencia al error en los presupuestos de hecho de una causa de justificación en caso de exceso intensivo por error en la legítima defensa.This paper addresses the analysis of the relationships between the determination of the criminal penalty provided by article 68 of the Penal Code and the maximum limit of internment in accordance with the prescriptions of article 104.1 of the same legal text. Subsumption priorities are also studied between arts. 68 and 66.1.7th of the Penal Code and a brief reference is made to the error in the factual assumptions of a justification cause in case of intensive excess due to error in legitimate defense.

Development of deontic modality in Chinese civil laws

2020 ◽  
Vol 11 (3) ◽  
pp. 337-362
Author(s):  
Mingyu Gong ◽  
Winnie Cheng ◽  
Le Cheng
Keyword(s):  
Empirical Evidence ◽  
Legal Language ◽  
Legal Text ◽  
Functional Perspective ◽  
Show Evidence ◽  
Deontic Modality ◽  
Civil Laws ◽  
Development And Evolution

Abstract In legislative texts, deontic modality helps define rights, privileges, obligations, and responsibilities. Based on a corpus of Chinese civil laws from 1949 to 2015, the study investigates the development of deontic modality in Chinese civil legislative discourse and examines the variations of deontic modality diachronically from a quantitative, functional perspective, thereby shedding lights on variations of legal text. This study shows that patterns of deontic modality manifest different features in different stages. The changes of linguistic forms of deontic modality show evidence of the adaptive feature in legal language. From a quantitative perspective, the study suggests that a corpus-driven approach helps examine the development and evolution of deontic modality diachronically. It also contributes to an understanding of deontic modality mechanisms by providing both empirical evidence and theoretical insights.

scholarly journals The Construction of Factuality in Pakistan’s Legal Discourse: A Stylistic Analysis of Logical Fallacies

2019 ◽  
Vol 5 (2) ◽  
pp. 397-404
Author(s):  
Mian Muhmmad Saleem ◽  
Ayaz Ahmad ◽  
Sana Hussain
Keyword(s):  
Supreme Court ◽  
Legal Discourse ◽  
Stylistic Analysis ◽  
Legal Language ◽  
Linguistic Features ◽  
Complicated Structure ◽  
Legal Text ◽  
The Supreme Court ◽  
Logical Fallacies

Factuality remains the highest virtue of a legal text. The paper finds how this virtue is jeopardized by the presence of logical fallacies. The stylistics analysis is performed for identification of linguistic features of logical fallacies in legal language. Two randomly selected verdicts of the Supreme Court of Pakistan are selected for analysis. Analysis of verdicts reveals that factuality is compromised by fallacies with distinctive stylistic features. These features include the fallacies of relevance, defective induction and ambiguity. Lexical choices, syntactically complicated structure and graphological markers of style contribute to the formation of these fallacies. The findings establish that stylistic aspect themselves contribute to the projection of fallacies in verdicts, therefore, the study recommends avoiding stylistic formulae of the legalese or legal registers which lead to the formation of logical fallacies in the legal language.

scholarly journals Przyczynek do prototypowej kategoryzacji przestępstw i wykroczeń. Wybrane aspekty analizy kognitywnej polskiego języka prawnego na przykładzie Kodeksu karnego i Kodeksu wykroczeń Słowa

2021 ◽  
pp. 184-193
Author(s):  
Anna Falana-Jafra ◽  
Keyword(s):  
Penal Code ◽  
Legal Tradition ◽  
Legal Language ◽  
Cognitive Analysis ◽  
Human Actions ◽  
Research Hypothesis ◽  
Linguistic Research ◽  
Cognitive Linguistic ◽  
Legal Concepts ◽  
Theoretical Analyses

Contribution to the prototype categorisation of offences. Selected aspects of cognitive analysis of the Polish legal language on the example of the Penal Code and the Code of Offences Summary The aim of the article is to establish a research hypothesis, according to which statutory definitions of crimes and offences are linguistic and mental categories, while assigning to them specific human actions and omissions is based on the separation of prototype copies, and moreover, it is subject to the phenomenon of the so-called “collection fuzziness”. The theses contained in the article will be verified in the course of further research on the structure of Polish jurisprudence, and perhaps – which would make it possible to emphasise the influence of culture on the categorisation of legal concepts and expressions – also foreign. Preliminary, theoretical analyses are based on a methodology derived from the cognitive linguistic current and may be of significant importance not only for linguistic research but also for the practice of justice in Poland and other countries conditioned by continental legal tradition.

scholarly journals Alcune considerazioni sull’ipotesi di Sapir-Whorf applicata alla traduzione dei termini costituzionali italiani e spagnoli nell’ ottica comparativo-contrastiva

2021 ◽  
Vol 1 ◽  
Author(s):  
Patrizia Brugnoli
Keyword(s):  
Legal Language ◽  
Spanish Translation ◽  
Legal Text ◽  
Legal Translation ◽  
Componential Analysis

The main aim of this article is to contribute to raising the interest around legal language, rarely analysed in the Italian-Spanish translation perspec¬tive. In particular, the author ’s interest is concentrated on specific normative texts, the Italian and Spanish Constitutions, of which she takes some lexical features into account. The article shows, through the use of componential analysis, that the “translatability” of the above mentioned traits of legal text from one language to another is impossible, even for those languages which are considered “similar” like Spanish and Italian. In Linguistics this hypoth¬esis was supported by Sapir- Whorf and is particularly true if applied to the legal language. In fact, legal translation is “culture-bond” and it is inti¬mately related to the socio-economic structures which are peculiar to a country.

Sign in / Sign up

Export Citation Format

Share Document