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

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.

2020 ◽  
Vol 6 ◽  
pp. 130-141
Author(s):  
Katarzyna Mroczyńska

The article begins with a brief overview of collocations and their features as being central to legal language and, as such, worth studying, especially in view of the fact that legal language studies tend to be mostly interested in terminology rather than phraseology. To bridge this gap, the article offers a tool for legal English learners, i.e. the dictionary of legal English collocations based on judgments of the UK Supreme Court. Our dictionary project is aimed at analysing the corpus we created, using Sketch Engine software, a cutting-edge lexicographic tool which enables the uploading and exploration of users’ own corpora. The project will focus on analysing bipartite legal English collocations appearing in the corpus. The next stage of the project will be the preparation of the final product of our research, i.e. a dictionary of legal English collocations. We believe that such a dictionary will prove a useful aid for mastering the conceptual structure of legal English.


Author(s):  
Chris Hanretty

This book explains how judges on the UK Supreme Court behave. It looks at different stages in the court's decision-making process—from the initial selection of cases, to the choice of judges to sit on panels, to the final outcome. The main argument of the book is that judges' behavior is strongly affected by their specialism in different areas of law. Cases in tax law (or family law, or public law) are more likely to be heard by specialists in that area, and those specialists are more likely to write the court's decision—or disagree with the decision when there is dissent. Legal factors like specialization in areas of law explains more of the court's work than do political differences between judges.


2021 ◽  
Vol 13 (7) ◽  
pp. 3966
Author(s):  
Anastasia Atabekova

This article explores the hypothesis that the concept of heritage is relevant for a university-based degree course in legal translators and interpreters’ training. The research rests on the legal and academic understanding of cultural heritage. The study explores its specifics regarding the English-taught discipline on Legal Translation and Interpreting Studies within the above-mentioned graduate program. The research integrates qualitative tools and statistical instruments, starts with the theoretical consideration of legislative and academic sources, proceeds to the empirical studies of heritage samples, and considers their relevance for the heritage module design within the specified discipline. The experimental design of such a module and its use for the training of students are also part of the present investigation that further explores students’ perceptions of the heritage module under study, with reference to their future career tracks. The study reveals the specifics and components of the heritage framework for the discipline under study and identifies those areas of professional activities for which students consider the heritage module as most useful and relevant. These issues have not been a subject for academic research so far, which contributes to the research relevance and novelty.


2020 ◽  
Vol 79 (3) ◽  
pp. 411-414
Author(s):  
Stephen Laing

2014 ◽  
Vol 48 (11/12) ◽  
pp. 2071-2104 ◽  
Author(s):  
Markus Vanharanta ◽  
Alan J.P. Gilchrist ◽  
Andrew D. Pressey ◽  
Peter Lenney

Purpose – This study aims to address how and why do formal key account management (KAM) programmes hinder effective KAM management, and how can the problems of formalization in KAM be overcome. Recent empirical studies have reported an unexpected negative relationship between KAM formalization and performance. Design/methodology/approach – An 18-month (340 days) ethnographic investigation was undertaken in the UK-based subsidiary of a major US sports goods manufacturer. This ethnographic evidence was triangulated with 113 in-depth interviews. Findings – This study identifies how and why managerial reflexivity allows a more effectively combining of formal and post-bureaucratic KAM practices. While formal KAM programmes provide a means to initiate, implement and control KAM, they have an unintended consequence of increasing organizational bureaucracy, which may in the long-run hinder the KAM effectiveness. Heightened reflexivity, including “wayfinding”, is identified as a means to overcome many of these challenges, allowing for reflexively combining formal with post-bureaucratic KAM practices. Research limitations/implications – The thesis of this paper starts a new line of reflexive KAM research, which draws theoretical influences from the post-bureaucratic turn in management studies. Practical implications – This study seeks to increase KAM implementation success rates and long-term effectiveness of KAM by conceptualizing the new possibilities offered by reflexive KAM. This study demonstrates how reflexive skills (conceptualized as “KAM wayfinding”) can be deployed during KAM implementation and for its continual improvement. Further, the study identifies how KAM programmes can be used to train organizational learning regarding KAM. Furthermore, this study identifies how and why post-bureaucratic KAM can offer additional benefits after an organization has learned key KAM capabilities. Originality/value – A new line of enquiry is identified: the reflexive-turn in KAM. This theoretical position allows us to identify existing weakness in the extant KAM literature, and to show a practical means to improve the effectiveness of KAM. This concerns, in particular, the importance of managerial reflexivity and KAM wayfinding as a means to balance the strengths and weaknesses of formal and post-bureaucratic KAM.


De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Steliyana Zlateva ◽  
◽  
◽  

The Judgement of the United Kingdom’s Supreme Court in the long Micula v. Romania investment treaty dispute confirmed that the arbitral awards of the International Centre for Settlement of Investment Disputes (ICSID), rendered by tribunals established under intra-EU BITs, could be enforced in the UK. The Micula case concerns the interplay between the obligations under the ICSID Convention and EU law. In particular, it addresses the question of whether the award obtained by the Micula brothers against Romania constitutes state aid prohibited by EU law, as well as the enforcement obligations under the ICSID Convention in view of the EU duty of sincere cooperation.


2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.


2014 ◽  
Vol 27 (5) ◽  
pp. 863-887 ◽  
Author(s):  
Renfred Wong ◽  
Andrew Millington

Purpose – The purpose of this paper is to investigate corporate social disclosure (CSD) assurance from a stakeholder perspective within a study which encompasses both stakeholder preferences and demand drivers of CSD assurance. Design/methodology/approach – Stakeholder perceptions of and their demand for CSD assurance are examined through a questionnaire survey. The analysis is based on responses in an empirical study from 147 organisations which are investing, procuring and third-sector stakeholders. Findings – Overall, stakeholder comments suggest an emphasis on the importance of specialist environmental assurors and the role of trust. The demand for assurance is positively related to stakeholders’ assessment of the value of CSD and the use of information from information intermediaries such as responsible investment indices, and negatively related to stakeholder perceptions of CSD representational faithfulness. Research limitations/implications – This paper only draws on data from the UK. Similar research can be explored in a context outside the UK. Practical implications – Better understanding of stakeholder defined determinants of the demand for CSD assurance as well as their perceptions of CSD assurance will inform regulators and enable companies to better discharge accountability towards stakeholders. Originality/value – This is one of the few empirical studies that investigate CSD assurance and one of the first to focus on stakeholder perceptions of, and demand for, CSD assurance within a multiple stakeholder perspective, rather than practitioner or corporate perceptions of CSD assurance.


2018 ◽  
Vol 14 (1) ◽  
pp. 60-70 ◽  
Author(s):  
Rosemary Lysaght ◽  
Michael J. Roy ◽  
Jack S. Rendall ◽  
Terry Krupa ◽  
Liam Ball ◽  
...  

Purpose The aim of this exploratory, mixed methods study was to develop and test a tool that identifies foundational dimensions of work integration social enterprises (WISEs) for use in empirical studies and enterprise self-assessment. Construction of the initial prototype was based upon a review of the literature and prior qualitative research by the authors. Design/methodology/approach A 20-item question pool with a four-point response scale was constructed to explore WISE business and employment practices and strategies for worker growth and development. Three sequential field tests were conducted with the prototype – the first with 5 Canadian WISEs, the second with 14 WISEs in the UK and the third with 6 Canadian WISEs involved in an outcome study in the mental health sector. Each field test included completion of the questionnaire by persons with managerial responsibility within the WISE and evaluative feedback captured through questions on the applicability and interpretability of the items. Findings Testing of the prototype instrument revealed the inherent diversity in the field and the difficulty in creating questions that both embrace that diversity and produce unidimensional variables definable along a spectrum. A number of challenges with question structure were identified and have been modified throughout the iterative testing process. Research limitations/implications This study identified central domains for inclusion in a multi-dimensional WISE assessment tool. Further testing will help further refine scaling and establish psychometric properties. Originality/value This measure will provide a descriptive profile of WISEs across sectors and identify WISE core dimensions for research and organizational development.


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