Theory of Law, Jurilinguistics and Legal Language: A common task

2020 ◽  
Vol 5 (2) ◽  
pp. 131-150
Author(s):  
Eduardo C. B. Bittar
Keyword(s):  
Legal Language ◽  
Joint Work ◽  
Legal Translation ◽  
Common Task ◽  
Gradual Development ◽  
Transnational Justice ◽  
Globalization Of Law ◽  
Theory Of Law ◽  
Cosmopolitan Law ◽  
Global Law

AbstractThis paper sets a clear interdisciplinary boundary of the joint work between the Theory of Law and Jurilinguistics, surrounding the role of legal language. The paper attempts to contemplate the challenges of the globalization of Law in the 21st century, and launches the challenge of the formation of a common place, to be established by political language and legal language, in order to favour the procedural and gradual development of Global Law. Thus, today, in the period of transition between international law and cosmopolitan law, the regulation of global life increasingly demanding of translation professionals. For this reason, when practising legal translation, their contribution is not limited to the transition from language a quo to language ad quem, but to the construction of classes that form a tertium, and it is from this residue of translation processes that it starts to open itself to the possibility of a legal expertise common to everybody starts to open up. Jurilinguistics has the task of collating and systemising these practices, to contribute to the Theory of Law, towards achieving the new scale of the project of modernity, that is, the formation of transnational justice.

scholarly journals On Legal English Translation from the Perspective of Legal Linguistics

2019 ◽  
Vol 2 (3) ◽  
pp. 6
Author(s):  
Weifeng Hu
Keyword(s):  
English Translation ◽  
Transnational Corporations ◽  
International Exchange ◽  
Legal Language ◽  
Translation Process ◽  
Legal Translation ◽  
Rights And Interests ◽  
Transnational Trade

With the deepening trend of globalization and the development of economy and society, the demand for international exchange talents is increasing. Especially with the increasing number of transnational corporations, almost every company should have professional legal translation employees to guarantee their legitimacy of transnational trade and effectively prevent the infringement of related rights and interests. Therefore, to improve the quality in transnational translation business and optimize legal English translation skills from the perspective of legal language can not only offer a reference for the industry, but also provide evidence for the problems arising from the actual legal translation process. Based on the perspective of legal linguistics, this paper tries to puts forward appropriate legal English translation measures mainly by analyzing the skills of legal English translation, with a view to providing some references for relevant scholars.

scholarly journals The Comparative Element in Comparative Legal Linguistics

2020 ◽  
Vol 43 (1) ◽  
pp. 57-76
Author(s):  
Marcus Galdia
Keyword(s):  
Social Reality ◽  
Epistemic Value ◽  
Legal Language ◽  
Linguistic Research ◽  
Characteristic Features ◽  
Global Law

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.

scholarly journals Cognitive Stylistic Conceptualization of Legal Translation

2022 ◽  
Vol 3 (33) ◽  
pp. 86-102
Author(s):  
Hasan Said Ghazala ◽  
Keyword(s):  
The Other ◽  
Legal Language ◽  
Strong Link ◽  
Legal Translation ◽  
Other Hand ◽  
Cognitive Approaches ◽  
Arabic And English ◽  
Relationship Of ◽  
The Relationship

Among the newly developed ideas in the relationship of translation to style is the strong link between translation and cognitive stylistics. The result of this link is the introduction of cognitive conceptualization to translation as one way of comprehending and rendering meaning of the SL into the TL. On the other hand, it can help solve some problems of legal translation based on cognitive cultural conceptualization of legal terms and expressions. This paper is an attempt to introduce new clues for sorting out a number of legal terminology in the light of latest cognitive approaches to the conceptualization of style which can be applied to legal language in the translation between the two languages, Arabic and English. This is achieved through introducing cognitive stylistic approaches to the conceptualization of the style of legal language in translation and how untrodden ways of legal meanings and implications can be traced and unearthed in the process. The paper ends up with some conclusions about suggesting way-out solutions to several problems of legal translation between the two languages concerned, to be put in use later by legal translators.

scholarly journals The Translation of Judgments

2006 ◽  
Vol 51 (3) ◽  
pp. 551-569 ◽  
Author(s):  
Emily Poon Wai-Yee
Keyword(s):  
Pilot Project ◽  
Case Law ◽  
Legal Knowledge ◽  
Plain Language ◽  
Legal Language ◽  
Front Line ◽  
Legal Translation ◽  
Syntactic Differences

Abstract This paper advocates the adoption of a plain language approach in the translation of judgments. The front-line objective is to gradually develop among legal practitioners the consciousness of using Chinese as a legal language, whether it is for judgment writing or for use as the trial language. While the pilot project on the translation of case law launched by the Subcommittee on the Translation of Case Precedents was a good attempt to boost the translation incentive, it exposed a number of problems in legal translation as yet unsolved. This paper explores potential solutions to these problems, including studying the syntactic differences between English and Chinese, the employment of common Chinese usages, and the application of legal knowledge, among others. This paper argues that legal bilingualism in courts will not be fully achieved if the problems of writing or understanding judgments persist.

scholarly journals Legal Language – Pragmatic Approaches to Its Interconnectivity with Legal Interpretation and Legal Translation1

2016 ◽  
Vol 61 (2) ◽  
pp. 421-438
Author(s):  
Ingrid Simonnaes
Keyword(s):  
Target Language ◽  
Legal Interpretation ◽  
Legal Language ◽  
Pragmatic Approach ◽  
Domain Specific ◽  
Lay Persons ◽  
Legal Translation ◽  
Specialist Knowledge ◽  
Communicative Act ◽  
High Degree

The purpose of this paper is to enhance existing insights into the complex relationship between legal language, legal interpretation and legal translation that challenges the participants of a particular domain-specific communicative situation. This situation can be described as a complex communicative-cognitive procedure taking into consideration a pragmatic approach to reach its addressees on a continuum from lay persons to experts. The analysis of some “typical” examples shows (not surprisingly) that different kinds of knowledge are necessary in order to achieve a felicitous communicative act in which a high degree of specialist knowledge is of paramount importance to a successful result both in intra- and interlingual translation. The particular legal language under scrutiny, in other words German contrastive to Norwegian, form the basis for the analysis of the activity of translation in which the translator must be able to understand/interpret the text and must be aware of not taking the words at their “face value” to be able to render their meaning in the target language.

Legal metaphors in translation

2015 ◽  
Vol 2 (2) ◽  
pp. 330-348 ◽  
Author(s):  
Laura Vegara Fabregat
Keyword(s):  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Interesting Aspect ◽  
Legal Language ◽  
Spanish Translation ◽  
Legal Concept ◽  
Translation Strategies ◽  
Legal Translation ◽  
Legal Texts

There is wide literature on metaphor and legal language (e.g., Henly 1987; Twardzisz 2008, amongst many others). Certainly, metaphor is a part of legal language (Alcaraz and Hughes 2002: 43), but not just an ornamental part. Metaphors may play a very important role in legal texts, a cognitive role. They can convey intricate legal notions and may also communicate certain opinions and perspectives (Dickerson 1996: 374; Joo 2002: 23). Another interesting aspect connected with metaphors in the language of law is translation. We must bear in mind that legal translation has its own special difficulties, such as complex terminology and usually two very dissimilar legal systems as background (Soriano 2002: 53; Gémar 2002: 167). Metaphorical expressions constitute an additional hindrance for legal translators since they transfer a metaphorical image together with a legal concept. In the present study we aim at analysing some metaphorical expressions found in the United States Supreme Court opinions and their translation. We will focus on the scrutiny of some English–Spanish translation strategies in order to comment on the solutions adopted. Our hope is to shed some light on the field of legal translation regarding metaphors.

scholarly journals Translation Strategies in Legal Texts: Selected Articles of the Translation of the US-Iraqi Security Agreement

2019 ◽  
Vol 5 (3) ◽  
pp. 134
Author(s):  
Ahmed Ibrahim Abed ◽  
Omar A. Shihab ◽  
Mushtaq A. Jameel
Keyword(s):  
International Law ◽  
Linguistic Theory ◽  
The Other ◽  
Legal Language ◽  
Translation Strategies ◽  
Text Segment ◽  
Legal Translation ◽  
The Us ◽  
Legal Texts

Legal language is characterized as the professional use of words. Thus, it can be said that the international law (as a result of translation and interpretation as well) has become more crucial. Therefore, legal translation has become important among the other domains of translation. This study aims at investigating the translation strategies adopted in translating the US- Iraqi security agreement from English into Arabic. So, there is a set of translation strategies that help translating the two texts properly and accurately. The translation strategies followed in translating the US- Iraqi security agreement will be investigated in the two of the two English and Arabic texts as there are many strategies in the linguistic theory of translation. Dr. As. Safi in his model covers both the local strategies which belonging to text segment and global ones that have to do with the whole text. Translation strategies are divided into general ones which deal with all types texts and specific strategies that deal with specific kinds of texts; specific ones are divided into domestication, compensation, (in kind, in place, by merging, or splitting and compensation by addition) , addition, elaboration and explication, and approximation and compromise. Thus, the text under study is a legal one and, of course, has a specific type of text; only specific strategies are applied in this study.

scholarly journals Testing Out Translation Universals in Legal Translation: Quantitative Insights From A Parallel Corpus of Spanish Constitutional Court’s Judgments Translated Into English

2020 ◽  
Vol 43 (1) ◽  
pp. 17-55
Author(s):  
Gianluca Pontrandolfo
Keyword(s):  
Empirical Studies ◽  
Constitutional Court ◽  
Legal Language ◽  
Parallel Corpus ◽  
Legal Translation ◽  
Uk Supreme Court ◽  
The Uk ◽  
Second Category ◽  
National Languages ◽  
Academic Debate

Abstract Research into ‘translation universals’ in legal translation is a relatively new field, which still needs to be expanded with further empirical studies. The few studies conducted so far fall into two main categories: a) analyses that explore the typical features of European legalese as translated language against national legal language; b) studies based on corpora of national legal language translated into other national languages. The present paper is framed within the second category and aims at contributing to the academic debate on translation universals applied to legal language; more specifically, it aims at testing the methodology adopted to study translation universals on a bilingual parallel corpus of judgments delivered by the Spanish Constitutional Court (Tribunal Constitucional, TC) translated for informative purposes into English. The corpus-based analysis, carried out mainly quantitatively, includes the comparison with a larger corpus of original judgments delivered by the UK Supreme Court (UKSC) with the final objective of testing some indicators of simplification, explicitation, normalisation, levelling out, interference, untypical collocation. Preliminary results are promising, even though it is not possible to identify robust and homogeneous trends.

The Concept of Legal Language: Law is Language

2021 ◽  
Author(s):  
Ondřej Glogar
Keyword(s):  
Speech Acts ◽  
Legal Language ◽  
Abstract System ◽  
Semiotic Approach ◽  
Communicative Theory ◽  
Theory Of Law ◽  
In The Beginning ◽  
Language Law

This paper deals with the metaphor ‘law is language’ coined by James Boyd White and how it can be useful to understand the concept of legal language, connections between law and language and how the term language is used in the legal realm. In the beginning, the article aims to give an overview of possible approaches to legal language and continues with further analysis of one of them (the above-mentioned White’s proposition). By applying a semiotic approach to this concept, namely Saussure’s theory of distinguishing between langue (language) and parole (speaking), the paper helps to understand that language (and even legal language) can be understood in two different forms. It can be either considered an abstract system of signs, or it can be comprehended as individual speech acts – langue and parole, respectively. White’s metaphor is usually used in the meaning of texts, way of reading, writing and speaking. However, such conception corresponds to language in the sense of parole. These considerations lead at the end of the article towards the communicative theory of law and its merits to jurisprudence. According to a given doctrine, in some instances it can be more accurate to consider law as communication rather than language (and vice versa). Nevertheless, in either case, it is essential to bear in mind the distinction between both of the concepts.

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