scholarly journals Grupa nominalna w ustawach . System wewnątrztekstowych-odniesień

2016 ◽  
pp. 95-104 ◽  
Author(s):  
Romana Łapa

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.

2017 ◽  
Vol 30 ◽  
pp. 51-66
Author(s):  
Piotr PIEPRZYCA

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.


2019 ◽  
Vol 37 ◽  
pp. 117-153
Author(s):  
Eva WIESMANN

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.


2021 ◽  
pp. 198-211
Author(s):  
Małgorzata Demiańczuk-Popiało

Universities operate in a legal environment constituted by the external legal regulations, which – due to their universality – are not sufficient as they do not take into account the specific nature of schools. In order to make their activity coherent and well organised, universities create their own rules. The material used by the author to analyze the language of the university internal law acts are the statutes and regulations posted on the websites of the universities supervised by the minister responsible for higher education in Poland. Due to special nature of the analyzed material, its vocabulary is not very varied. A lot of space is occupied by elements typical for legal texts, such as function names or abbreviations used in the description of a legal act. The study included phenomena related to both word-formation and inflection, as well as orthography, i.e. the grammatical type and number of nouns, the tense of verbs, and the notation of certain forms characteristic of the university texts.


2021 ◽  
Vol 11 ◽  
pp. 45-71
Author(s):  
Natalia Zych

The article examines the idea of plain legal language as a standard in creating comprehensible and effective communication in legislative acts. It features plain legal language techniques and tools used to tackle the visual and linguistic layer of legal texts. Selected techniques were implemented to experimentally modify the Polish Consumer Rights Act of 30 May 2014. The document, transformed in the spirit of plain legal language, was then submitted for assessment to lawyers as well as individuals with no legal background. The article features the results of the experiment as well as conclusions which make it possible to say whether the “simplified” act is more comprehensible to an average reader, and to assess the cost of the changes introduced in the original provisions of the law.


2019 ◽  
Vol 4 (1) ◽  
pp. 69-86 ◽  
Author(s):  
Daria Zozula

Abstract Researchers studying the language of law agree that there is a number of certain features which are characteristic of the legal genre, regardless of the language of the legal text. Among the most commonly listed features of lingua legis are: conventionalised sentences, performative verbs, Latinisms, euphemisms, and time expressions. The paper provides a discussion of these features, as well as provides examples of their occurrence in Polish, English, and Indonesian legal texts. The analised corpus includes the 1945 Constitution of the Republic of Indonesia, the Constitution of the Republic of Poland, The Constitution of the United States of America with amendments, Polish and Indonesian Civil Codes (clauses concerning obligations), together with a set of parallel texts of rental agreements and real estate sale contracts.


2021 ◽  
pp. 159-173
Author(s):  
Alena Ďuricová

TENDENCIES TOWARDS GENDER – THE EQUITABLE LEGAL LANGUAGE IN GERMANY, AUSTRIA AND SLOVAKIA The article focuses on a special feature of legal language – its prevailing “masculine“ character. An initial theoretical outline of this peculiarity is followed by a comparative linguistic analysis of using masculine and feminine forms in German and Slovak legal terms. Our linguistic analysis is based on the comparison of legal texts collected from the author´s translation practice. The research has been conducted from the perspective of translatology and it presents examples documenting translation solutions with regard to issues of the gender equality in legal language.


2020 ◽  
Vol 82 ◽  
pp. 343-357
Author(s):  
Tomasz Zyglewicz

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.


2019 ◽  
Vol 59 (1) ◽  
pp. 47-68
Author(s):  
Terezie Smejkalová ◽  
Markéta Štěpáníková

Abstract It has been claimed that to fully understand the law, one must know the language of normative texts and the relevant rules governing its use. It usually means that normative texts do not seem to be comprehensible enough to persons without formal legal training. In an on-going research project, we are focusing on the process of writing texts of legal regulations, conducting semi-structured interviews with those involved in drafting normative texts. In this paper, we focus on lawyers as a speech community of legal language speakers and we discuss why and to what extent this speech community may be considered an elite in a society. We show that competent usage of special – legal – language in regulating the whole society may help create a special group of persons wielding an important segment of cultural capital: the knowledge of legal language, and, in consequence, competent knowledge of law. Given the fact that this language is used to exercise (legal) power in a society, lawyers appear to be in the advantageous position of an elite. We argue that those who draft new legal texts reproduce writing rules and customs, constantly re-creating legal language as a language mostly incomprehensible to a non-competent speaker, and, in consequence, creating lawyers as an elite speech community.


2018 ◽  
Vol 9 ◽  
pp. 1401-1408
Author(s):  
Mao Zhang

Law is a system of rules of conduct that are created by the national legislature in accordance with the legislative procedures and are enforced by the state power. Legal language, as the manifestation of law and the carrier of the legal information, must be accurate and formal. On the ground of the special function of law, words are dedicatedly selected and used within the given field in legal texts. Some unique lexical features of legal language can be found easily to ensure the accuracy and formalness of legal texts, such as the employment of archaic words, the use of loan words and the application of formal words. The contrastive study is conducted from the lexical aspect of the four English versions of Labor Contract Law of the People’s Republic of China, with an attempt to find out the differences in formalness of the law caused by different uses of words in four versions and wish legal translators pay more attention to formality and accuracy of legal words. As for the four versions, one is taken from PKU’s legal academic sector, marked as V1 in the following comparative study. One is translated by Backer & Mckenzie(V2), one of the biggest legal agents in the world, which functions as an introduction of Chinese government’s policies concerning labor contracts to the world. One is taken from the official website the National People’s Congress of the People’s Republic of China (NPC), marked as V3. And the other is taken from Shuangcheng Attorneys at Law in association with China Axis Limited, marked as V4 in the following contrastive study.


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