scholarly journals Semantic and Pragmatic Implications of Inaccurate Translations of Shari’a-Court Phrases & Sentence Extracts into English

2022 ◽  
Vol 30 (1) ◽  
Keyword(s):  
Analytical Approach ◽  
Gaza Strip ◽  
Assistant Professor ◽  
Research Paper ◽  
Specific Reference ◽  
Legal Translation ◽  
Semantic Complexity ◽  
English Translations ◽  
The Law ◽  
Legal Meaning

The present paper aims to highlight the semantic and pragmatic implications of the inaccurate English translations of Gazan shari’a-court phrases and sentence extracts. The researchers analyze the translations of five shari’a-court phrases and five sentence extracts from shari’a-court documents of different shari’a courts in Gaza Strip. The descriptive analytical approach was adopted to conduct this research paper. The texts used in this paper are extracted from a thesis on the linguistic difficulties Palestinian translators face when rendering shari’a-court terms in which the researchers participated as a master student and a supervisor. When selecting the source texts, the researchers consulted an assistant professor in law to identify the legal phrases and sentential extracts which require specific familiarity with shari’a-court terms. Then, the selected texts were given to four Palestinian sworn translators who rendered the translations which were afterwards analyzed by the researchers in light of explanations of the legal meaning of the shari’a-court terms by the law specialist. The findings of the selected translations, five phrases and five sentential extracts from fifty phrases and thirty-five sentential extracts in the original thesis, show that the inaccurate translations of shari’a-court terms have semantic and pragmatic implications which are mainly reflected in semantic loss and pragmatic ambiguity which lies in lack of specific reference to intended persons. The researchers recommend integrating specific contents in legal translation courses to better familiarize student translators and trainee translators with the semantic complexity of shari’a-court terms and the practical methods which can be adopted to translate such terms into English. Attention should also be given to the legal terms which are characterized by culture-based meanings.

Rethinking the Meaning of Ordinary Meaning in Light of the ICJ’s Jurisprudence

2021 ◽  
Vol 20 (2) ◽  
pp. 267-288
Author(s):  
Katayoun Hosseinnejad
Keyword(s):  
Vienna Convention ◽  
International Court Of Justice ◽  
Ordinary Meaning ◽  
Objective Standard ◽  
Court Of Justice ◽  
International Court ◽  
Starting Point ◽  
The Law ◽  
Legal Meaning

Abstract Article 31 of the Vienna Convention on the Law of Treaties calls for consideration of the ordinary meaning as the starting point in the process of interpretation. Although the linguistic concept of ordinary meaning is founded on the idea that the meaning of a sentence is directly imposed by the norms of language so that interpreters are provided with an objective standard which is external to their subjectivity, this article demonstrates that the interpretive jurisprudence of the International Court of Justice has departed from the imperatives of the ordinary meaning doctrine. Rather, the Court, mindful of the problem that no mere sequence of words can represent actual legal meaning, has moved towards construction of ordinary meaning.

scholarly journals Flaws of Article 9, 10, and 26 of the Criminal Act in South Korea and Possible Solutions

2020 ◽  
Vol 11 ◽  
pp. 104-114
Author(s):  
Chaerin Kang
Keyword(s):  
South Korea ◽  
Research Paper ◽  
Republic Of Korea ◽  
Article 9 ◽  
The Law ◽  
The Republic

The purpose of this research paper is to underline a few of the problematic articles of the Criminal Act in Korea and suggest possible solutions. In the Republic of Korea, three criminal elements—Applicability of Constituent Requirements, Criminal Defences, and the Principle of Responsibility—must be proven to convict a defendant. When a perpetrator does not meet all three criminal elements, they are protected by particular articles of the Criminal Act such as Articles 9, 10, and 26. These articles guarantee citizens' right to decide their own actions accordingly and provide an opportunity for improvement by reducing the punishment. All three articles of the Criminal Act reflect positive intentions embedded in the law. However, the articles' flaws have begun to cause the perpetrators to exploit the law and disdain Korea's Criminal Act. Thus, this paper aims to consider the Criminal Act's malfunctions, especially within Article 9, 10, and 26, and suggest possible solutions to improve its shortages.    

scholarly journals أوامر في سورة النساء المتعلقة بأحكام الأسرة; دراسة تطبيقية

2020 ◽  
Vol 1 (1) ◽  
pp. 180-199
Author(s):  
Awal Rifai ◽  
Usamah Maming
Keyword(s):  
Family Life ◽  
Social Life ◽  
Analytical Approach ◽  
The Family ◽  
The Law

Surah An-Nisa is one of the longest madaniah surah, and is one full of provisions of sharia laws that govern all matters both internal and external ones for Muslims. Among the prominence of this noble surah is that it tells a lot about important things related to women, household, family, country, and social life. In this surah, there are commands and prohibitions in various matters. The purpose of this study was to extract imperative sentences related to family life and then briefly identify the rules that became the base for these commands. The researcher employed an inductive and analytical approach by extrapolating Surah Al-Nisa, taking imperative sentences related to family life, and explaining the law which is concluded from it. Researcher finds, among the most important of the most important ones are as follows: understanding the meaning of al-amr (command) which is a request to do something in the form of superiority. There are two types of amr: direct and indirect. The number of amr related to the family in the surah is seventeen.

scholarly journals The Meranaw In Weddings: Understanding Pragmatics

2021 ◽  
Vol 4 (4) ◽  
pp. 273-276
Author(s):  
Bai Salam Macapia Ibrahim
Keyword(s):  
Speech Acts ◽  
Analytical Approach ◽  
Research Paper ◽  
Vital Role ◽  
The People

The Meranaw people are fond of “pananaroon” or proverbs. Most of the old folks use these proverbs to express their thoughts toward a situation. Meranaw and non-meranaw alike who are not exposed to the Meranaw community may misunderstood and misinterpret this Meranaw sarcasm as expressed through proverbs. By using qualitative analytical approach, this research paper aims to unveil the Meranaw pragmatics by analyzing and semiotically interpreting video recorded Meranaw speech acts delivered in Meranaw wedding gathering along with the reactions of the people involved in the interaction. Some of the aspects of language studied in pragmatics which are also be considered in studying the data include diexis, presupposition,performative,and implicature. The study shows how junctures plays a vital role in understanding pananaroon. Morever, the study shows that the Meranaw people are one of those whose language is very powerful in the society. It will take an outsider to immerse himself with the folks to fully understand what a word means and or a gesture means.

scholarly journals GENDER BALANCE IN POLITICS: THE ITALIAN CONSTITUTIONAL COURT’S JUDGMENT Nº 4 OF 2010

2020 ◽  
Vol 5 (9) ◽  
pp. 12-17
Author(s):  
Athena De Albuquerque Farias
Keyword(s):  
Political Representation ◽  
Specific Reference ◽  
Constitutional Court ◽  
Women In Politics ◽  
Representation Of Women ◽  
Gender Balance ◽  
The Law ◽  
Italian Constitution

The aim of this study is to briefly analyse the under-representation of women in politics with a specific reference to Italy in the light of the Italian Constitutional Court Judgment nº 4 of 2010. Therefore, some concepts are of major importance to better understand the framework. in order to achieve gender balance on the basis of political representation in practice, parity must be enforced, and it may occur either for the parties themselves or by the law. Keywords: Woman in politics. Italian Constitution. Gender Balance.

scholarly journals PIDANA PENGAWASAN TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PEMIDANAAN DI INDONESIA

2013 ◽  
Vol 2 (3) ◽  
Author(s):  
I Putu Suwarsa
Keyword(s):  
Criminal Law ◽  
Analytical Approach ◽  
Criminal Policy ◽  
Legal Protection ◽  
Comparative Approach ◽  
Legal Concept ◽  
Normative Approach ◽  
Positive Law ◽  
The Law

ABSTRACTThis research was conducted with the normative approach legislation. Factualapproach, analytical approach to the legal concept of a comparative approach in thecriminal judicial oversight of Children in Conflict with the Law in the criminal sistem inIndonesia.In formulating criminal law criminal policy oversight of Children in Conflict withthe Law in the guidance sistem of positive law in Indonesia, consists of 3 major topics:First, the substance of Children in Conflict with the Law into law in Indonesia, Second,Determination of sanctions / penalties against Children in Conflict with the Law inIndonesia's criminal law policy, Third, criminal oversight of Children in Conflict with theLaw and its relevance to the theory of punishment in modern criminal law in Indonesia.Criminal oversight of Children in Conflict with the Law as the integrative goals ofpunishment in accordance with the ideas and correctional sistem discussed 3 subjectsnamely: First, criminal oversight of anal naughty review of aspects of the integrativetheory of punishment, Second, Criminal oversight of Children in Conflict with the Lawreview of aspects of correctional sistem, Third, Criminal oversight of Children in Conflictwith the Law in terms of aspects of legal protection and benefit of the criminal lawrequirement for social welfare (children). And its application by all law enforcementcomponents and related institutions involved in handling cases of children in conflict withthe law in coaching children in prison.

TERRITORY, BOUNDARIES AND THE LAW OF ARMED CONFLICT

2009 ◽  
Vol 12 ◽  
pp. 157-192 ◽  
Author(s):  
Louise Arimatsu
Keyword(s):  
Armed Conflict ◽  
Gaza Strip ◽  
Legal Regime ◽  
Legal Questions ◽  
Law Of Armed Conflict ◽  
State Actor ◽  
The Law ◽  
The Gaza Strip ◽  
Israeli Supreme Court

AbstractIsrael's military operation in the Gaza Strip from 27 December 2008 until 18 January 2009 raised a host of legal questions on status and the conduct of hostilities, many of which have been subjected to intense scrutiny. But perhaps the two most troubling questions that remain unresolved concern the appropriate legal regime that governed the conflict and the geographical reach of the law. Was this an international armed conflict? If so, who were the ‘contracting parties’ and what was the territorial scope of the conflict? Alternatively, was the armed conflict one between a state, Israel, and a non-state actor, Hamas, and thus subject to the rules that apply in non-international armed conflict? This latter position jars with our intuition not least because the codified law assumes non-international armed conflict takes placewithinthe territory of a contracting state. The disquiet is apparent in the Israeli Supreme Court judgment of 2009,Physicians for Human Rights v. Prime Minister, in which the Court had to determine the legal regime governing the armed conflict between Israel and ‘the Hamas organization’. Describing the normative ‘arrangements’ as ‘complex’, it noted that ‘the classification of the armed conflict between the state of Israel and the Hamas organization as an international conflict raises several difficulties’.

Oblique Intention

1987 ◽  
Vol 46 (3) ◽  
pp. 417-438 ◽  
Author(s):  
Glanville Williams
Keyword(s):  
Criminal Law ◽  
Ethical Theory ◽  
Technical Term ◽  
Ordinary Meaning ◽  
Legal Problems ◽  
Ethical Concept ◽  
The Subject ◽  
Basic Concepts ◽  
The Law ◽  
Legal Meaning

Why is it that intention, or intent, one of the basic concepts of the criminal law, remains so unclear? Judges decline to define it, and they appear to adjust it from one case to another.Part of the trouble is the disagreement on the subject of intention amoung jurists generally. The Philosophers who have lately arrived on the scene, hoping to help the lawyers to slove their legal problems, in fact give only limited assistance. Their philosophical interest stems from the fact that intention is an important ethical concept, but they do not relate their discussions to any particular ethical concept, but they do not relate their discussions to any particular ethical theory, and they do not sufficiently consider the specific requirements of the criminal law. Indeed, they mix up the ordinary meaning of the word “intention” with its desirable legal meaning. To be sure, the meaning of intention as a technical term of the law ought to be close to the literary and popular one, but there are sound reasons for saying that the two should not always be indentical.

Marriage on the Margins: Free Wives, Enslaved Husbands, and the Law in Early Virginia

2012 ◽  
Vol 30 (1) ◽  
pp. 141-171
Author(s):  
Terri L. Snyder
Keyword(s):  
Interpersonal Relations ◽  
Eastern Shore ◽  
Legal Doctrine ◽  
Slave Owner ◽  
Intimate Connection ◽  
The Law ◽  
Free Status ◽  
Legal Meaning

In 1725, Jane Webb, a free woman of color, sued Thomas Savage, a slave owner and middling planter, in Northampton County Court, on the Eastern Shore of Virginia. Webb v. Savage was an unusual lawsuit, the culmination of over twenty years of legal wrangling between two parties who had an uncommon and intimate connection. The case originated in a 1703 contract between the pair, and at the time it was written, its terms, assumedly, were clear and mutually agreed upon. Two decades later, however, a tangled skein of circumstances obscured the stipulations of that original agreement. Over the course of those same years, the legal meaning of freedom for individuals like Jane Webb had fundamentally changed. Both fraught interpersonal relations and the evolution of race-based law mattered to the 1725 chancery case for one simple reason: Thomas Savage owned Jane Webb's husband. Despite the fact that Webb's spouse, named only in the records as Left, was enslaved, their marriage was legally recognized, and the seven children born to the couple, following the legal doctrine partus sequitur ventrum, took their free status as well as their surname from their mother.

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