O normatywności, redundantności i zbędności przepisów prawnych. Część druga: typologia przepisów

2021 ◽  
Vol 2(163) ◽  
pp. 181-221
Author(s):  
Bartłomiej Wróblewski ◽  
Maurycy Zajęcki
Keyword(s):  
Legal Text ◽  
Legal Principles ◽  
Legal Provisions ◽  
Legal Texts ◽  
And Task

In a previously published article (Przegląd Sejmowy No. 5(142)/2017) the authors proposed definitions of the following concepts: normativity, redundancy and uselessness of a legal text. The article provides a typological review of Polish legal texts. The authors analysed the basic units of the integral (articulated) part of normative acts, i.e. legal provisions, showing their normativity, redundancy, and uselessness. The analyse includes: internal preambles, provisions describing the object and subject scope of the act, legal principles, programme and task provisions, meliorative provisions, emendations, permanently unrealisable regulations, legal definitions. The analyses led to identification of four basic types of errors in legal provisions, which were named: “doubles”, “widows”, “orphans”, and “botches”. In their closing remarks, the authors signalled the need to supplement the analysis with a description of non-integral (non-articulated) parts of normative acts. Another part of the study, devoted to these problems, is currently being prepared.

Informācijas izgūšanas nozīme un daži ar sintaksi saistīti apsvērumi juridisko tekstu tulkošanā

2020 ◽  
pp. 437-449
Author(s):  
Jānis Veckrācis
Keyword(s):  
Specific Aspect ◽  
Target Language ◽  
Sources Of Information ◽  
Source Text ◽  
Legal Text ◽  
Legal Provisions ◽  
Translation Practice ◽  
Legal Texts ◽  
Study Programs ◽  
Source Sentence

The translation of legal documents – not a new field in translation practice or theoretical discourse – gained a new dimension for translators’ work in Latvia when, after restoring independence, the country was reintegrated into international processes and organizations. Consequently, the development of legal text translation competence has also become an important task in the study programs related to translation of LSP texts. Against this background, the paper addresses some of the issues of understanding and interpreting legislation in the translation situation, with a particular focus on working with the functions and implications of sentence syntax. This part of the work provides the translator with the opportunity to find not only successful grammatical solutions in the target language sentences, but above all, a prerequisite for understanding the meaning of the source text. For the purposes of the study, the relevant aspects are briefly outlined in a theoretical context by focusing on the specific features of legal texts and the competence-related requirements for translators; it also includes an analysis of examples based on both published translations of legislation and the typical problems encountered in student translations. The study leads to several conclusions. Accuracy (also with regard to interpretation), an element of the general concepts of equivalence/adequacy, stands out as a specific aspect and criterion of legal text translation quality; it is necessary to ensure that the meaning of terms is not broadened or narrowed and that the applicability or explicit/implicit attitude is not altered – translations of a number of units and elements tend to be almost literal. The practice of translating legal texts generally requires that target texts be rendered as consistently as possible, which to a large extent implies an almost literal relationship with the source text; any changes need explicit justification. A specific aspect of translators’ competence is the examination undertaken during the pre-translation phase to determine the applicability of the relevant legal provisions and select the most appropriate sources of information. An important prerequisite for a quality translation is understanding the essence of the source sentence.

Fratricide in Ottoman Law

Belleten ◽  
2018 ◽  
Vol 82 (295) ◽  
pp. 1013-1046
Author(s):  
Ekrem Buğra Eki̇nci̇
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Early Period ◽  
Point Of View ◽  
Potential Outcomes ◽  
Legal Principles ◽  
Legal Evidence ◽  
Political Tradition ◽  
Legal Texts

This paper considers fratricide in the Ottoman Empire from the Islamic/ Ottoman Law viewpoint. The established Turkish political tradition, which is based on the fact that the ruling power is a common patrimony of the members of the dynasty, gave rise to disastrous results in the early period of the Ottoman Empire. Since a strict succession system was not imposed during that early period of the Ottoman State, it would be the destiny of a shāhzādah (prince) which would determine his fate in becoming the next sultan. This resulted in infighting amongst the shāhzādahs. Revolting against the sultan or even planning to revolt are crimes according to Islamic/Ottoman law. The execution of those members of the dynasty who had not taken part in a revolt was legislated by the "Code of Sultan Mehmed the Conqueror," which was based on the sovereign right of the sultan accorded by Islamic Law (Orfi Hukuk). Relying on the principle of maslaha (common benefit) in Islamic law, some of the Ottoman scholars permitted fratricide as well. According to this principle, when facing two potential outcomes, the lesser of two evils is preferred. Some of the modern researchers consider this justification invalid. According to them, the execution of shāhzādahs who have not taken part in a revolt is politically correct, but contrary to Islamic law. The main contribution of this paper is to deal with the fratricide from the point of view of Islamic law by utilizing traditional legal texts and to addess to underlying Islamic legal principles behind fratricide application and what legal evidence the 'ulemā (Ottoman scholars) based their judgment on.

scholarly journals Grave Judicial Errors Within the Jordanian Legal System: Causes, Legal Provisions and Solutions

2017 ◽  
Vol 10 (2) ◽  
pp. 122
Author(s):  
Alaa Mohammad Alfawaer
Keyword(s):  
Legal System ◽  
Civic Responsibility ◽  
Legal Principles ◽  
Legal Provisions ◽  
Opposing Party ◽  
General Rules ◽  
Judicial Errors ◽  
Judicial Error

It is reasonably and logically conceivable that a judge commits a grave judicial error during the undertaking of his or her judicial work, whether related to legal principles, in the performance of his or her judicial duties or in his exercising of jurisdiction. This error is related to his or her civic responsibility, if it has resulted in damages to a member of the opposing party. Despite the importance and seriousness of such mistakes, and its long establishment, Jordanian legislation has not provided for it, and has left it to the general rules. There is no doubt that there are reasons which lead to such errors occurring and, conversely, that there are ways to avoid this error.

The Indigenous Concept of Vivir Bien in the Bolivian Legal Field: A Decolonial Proposal

2017 ◽  
Vol 47 (1) ◽  
pp. 19-29 ◽  
Author(s):  
María Itatí Dolhare ◽  
Sol Rojas-Lizana
Keyword(s):  
Intercultural Dialogue ◽  
Legal Principles ◽  
Production Of Knowledge ◽  
Living Well ◽  
Legal Texts ◽  
Specific Manner ◽  
European Colonialism

This article discusses the concept of Vivir Bien (Living Well) (VB) and its role as a decolonising project in connection with the Political Constitution of the Plurinational State of Bolivia (2009) (BC) and subordinated legislation. This subordinated legislation was enacted to implement in a more specific manner the general legal principles contained within the BC. The paper uses these legal texts within the framework of decolonial thinking to prove that the adoption of the concept of VB represents a legal and an epistemological shift that radically contests the dominant Western paradigm of modernity/coloniality. This shift has many facets; however, this article concentrates on two of them in order to characterise its radicalism: (a) the constitutional acknowledgment of the colonial difference, which is understood here as the pervading and living legacy of European colonialism in social organisations and the production of knowledge, and (b) the constitutional and legislative requirement of engaging in an ongoing intercultural dialogue as a vehicle for the achievement of a society based on the concept of VB. This article concludes that the confluence of these two facets marks the epistemological shift and is important in the advancement of the intercultural and decolonising project represented by the concept of VB.

Features of the language of law: A comparative study of Polish, English and Indonesian legal texts

2019 ◽  
Vol 4 (1) ◽  
pp. 69-86 ◽  
Author(s):  
Daria Zozula
Keyword(s):  
United States ◽  
Real Estate ◽  
Comparative Study ◽  
United States Of America ◽  
The United States ◽  
Legal Text ◽  
Legal Texts ◽  
The Republic ◽  
Civil Codes ◽  
Parallel Texts

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.

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 Disciplinary Offenses and Punishments Related to Higher Education Students in Educational Law: On Some Problematics with Legal Principles

2021 ◽  
Vol 11 ◽  
Author(s):  
Erdem Hareket
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Public Officials ◽  
Education Students ◽  
Educational Law ◽  
Legal Personality ◽  
Legal Principles ◽  
Legal Provisions ◽  
The Public Sphere ◽  
Compliance With The Law

For all public officials serving within the public sphere and university students studying in higher education institutions with public legal personality, compliance with the law as regards their rights, responsibilities, duties or statuses is an indispensable requirement of public life. This requirement is framed by positive norms provisions. Actions and penalties for disciplinary offenses against higher education students fall within the subject boundaries of various law fields such as administrative, criminal, disciplinary and educational law. Therefore, the provisions of the legislation on higher education students' disciplinary offenses and penalties must be clearly stated on the basis of legal principles. Based on this necessity, this study attempts to shed light on the investigation and punishment processes executed as per the Higher Education Institutions Student Disciplinary Regulations, from the perspective of the legal provisions and principles involved.

scholarly journals Cause and Effect in the Legal Text: An Approach in the Languages of Text

2018 ◽  
Vol 224 (1) ◽  
pp. 17-34
Author(s):  
Dr. Murtadha J. Kadhum ◽  
Dr. Khalid H. Al-Shams
Keyword(s):  
Vital Role ◽  
Legal Text ◽  
Cause And Effect ◽  
Structural Linguistics ◽  
Legal Texts ◽  
And Linguistics

This study is an attempt to highlight the textual composition in the language of law register through an analytic vision of a basic binary that has played a vital role in the understanding the legal texts in terms of words and actions. This binary is the about 'the cause and the effect' and the intellectual framework in which linking points between law and linguistics are arranged within the structural linguistics, which was established on the concept of openness of linguistic layout. 

scholarly journals DEKONSTRUKSI HUKUM SEBAGAI STRATEGI PEMBANGUNAN HUKUM PASCA REFORMASI

2010 ◽  
Vol 2 (1) ◽  
Author(s):  
Inayatul Anisah
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Legal Certainty ◽  
Legal Text ◽  
Legal Development ◽  
Legal Texts ◽  
True Meaning ◽  
Legal Uncertainty

Studi hukum tidak akan lepas dari sebuah kondi?kasi teks yang memiliki tujuan tertentu. Agar tujuan yang terkandung dalam makna teks secara hakiki dapat tercapai, diperlukan adanya dekonstruksi hukum. Melalui  dekonstruksi, upaya pembangunan hukum di Indonesia yang selama ini dikenal hanya sebatas hukum yang berlaku secara yuridis formal, perlu dimaknai kembali sehingga mencakup nilai-nilai kemaslahatan yang berlaku secara universal. Meskipun perlu diakui, bahwa nilai-nilai kemaslahatan tetap tidak akan mampu menciptakan kepastian hukum, kecuali melalui upaya supremasi hukum yang berupa teks-teks itu sendiri. Untuk menciptakan kepastian hukum (legal certainty), ajaran itu hampir pasti mutlak diperlukan, namun dalam  realitas empirisnya ajaran hukum modern tersebut tidak begitu saja dapat diterapkan begitu saja menjadi rule of law tanpa melihat sebagai rule of morality.<br /><br />The study of law coincides with the codi?cation of texts, and the deconstruction of law is considered necessary to understand the true meaning of the legal texts. Through the process of deconstruction, the legal development of the country which is merely focused on formal and juridical aspect of law needs to include new nuance of universal public bene?t, despite any doubt on its legal uncertainty. In order to achieve legal certainty, reference to the legal text is a necessity, even though in reality modern legal theory cannot operate as rule of law without implementing rule of  morality.<br /><br />Kata kunci: Teks, Dekonstruksi, Kemaslahatan, Kepastian hukum<br /><br /><br /><br />

scholarly journals Hukum dan Bahasa: Refleksi dan Transformasi Pemenuhan Hak Ekonomi, Sosial dan Budaya

Lentera Hukum ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 230
Author(s):  
James Reinaldo Rumpia ◽  
H. S. Tisnanta
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Legal Text ◽  
Cultural Rights ◽  
Legal Texts ◽  
The Law ◽  
Language Law

The regulation of economic, social and cultural rights is always intertwined with language. Language is significant in the written dimension of legal protection and the legal fulfillment of rights. The text of the law is a commitment to fulfilling rights. Understanding the structure of the text is necessary to predict and reach the needs, as well as to fulfill the rights. States must be able to recognize legal texts that are aligned and responsive. These legal texts must favor the fulfillment of the civil rights through language that reflects and transforms elements of the economic, social, and cultural rights (ie. freedom, availability, accessibility, and conformity). Yet, it is often that the language in the legal text formulated is inconsistent and uncertain. Language as a tool of transformation can also become a tool that shackles. This issue requires an understanding of intertextuality, with respect to the text of the law. One strategy is to highlight the elements in legal texts: principles, standards, and concepts to enforce values and legal goals. This effort is intended to understand the various factors and relationships that affect the accuracy of meaning, and subsequently reflect on the purpose of formulating that legal text. The discovered weakness of the text can thus be reconstructed in responsive, progressive and communicative spaces and structures. Keywords: Language, Law Text, Reflection, Transformation, Socio-Economic and Cultural Rights

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