scholarly journals Conceptual Adequacy in Legal Translation

2018 ◽  
Vol 14 (1-2 (18)) ◽  
pp. 85-94
Author(s):  
Nare Chobanyan
Keyword(s):  
Present Article ◽  
Legal System ◽  
Comparative Approach ◽  
Legal Systems ◽  
Common Assumption ◽  
Legal Translation ◽  
Legal Document ◽  
The Common

The aim of the present article is to provide an overview of the main difficulties encountered by legal translators, and work out some practical solutions so that the translator could provide an adequate translation in compliance with the norms of the target legal system. Legal translations raise very complex theoretical and practical problems and, therefore, an interdisciplinary comparative approach to the two legal systems and languages should be manifested by specialized translators. This study demonstrates that despite the common assumption that legal translations are literal, they may be translated differently depending on the context and aim of its translation. When translating a legal document, one is thus faced with the challenge of providing a translation that makes a legal as well as linguistic sense. Consequently, a translator can provide an accurate translation only if he/she has an understanding of the SL and the TL legal systems.

scholarly journals Conceptual Adequacy in Legal Translation

2017 ◽  
Vol 13 (1-2 (17)) ◽  
pp. 155-164
Author(s):  
Nare Chobanyan
Keyword(s):  
Present Article ◽  
Legal System ◽  
Comparative Approach ◽  
Legal Systems ◽  
Common Assumption ◽  
Legal Translation ◽  
Legal Document ◽  
The Common

The aim of the present article is to provide an overview of the main difficulties encountered by legal translators, and work out some practical solutions so that the translator could provide an adequate translation in compliance with the norms of the target legal system. Legal translations raise very complex theoretical and practical problems and, therefore, an interdisciplinary comparative approach to the two legal systems and languages should be manifested by specialized translators. This study demonstrates that despite the common assumption that legal translations are literal, they may be translated differently depending on the context and aim of its translation. When translating a legal document, one is thus faced with the challenge of providing a translation that makes a legal as well as linguistic sense. Consequently, a translator can provide an accurate translation only if he/she has an understanding of the SL and the TL legal systems.

scholarly journals Comprendre la loi ephebarchique d’Amphipolis

2017 ◽  
Vol 13 ◽  
pp. 145
Author(s):  
Μιλτιάδης Χατζόπουλος
Keyword(s):  
Present Article ◽  
Special Section ◽  
Second Century ◽  
Legal Document ◽  
The Common

The author of the present article reviews the objections that have been raised to Calliope Lazaridou’s and his own interpretation of the recently published ephebarchical law from Amphipolis. To this end he exposes the overall plan of this legal document, devoting a special section to two of its articles which present a problem. He then examines the objections that have been raised a) against the identity of the two existing copies, b) against the common inspiration of the ephebarchical law of Amphipolis and the gymnasiarchical law of Beroia, and against the connection between the ephebarchical law and writings of classical authors on the education of the young. He concludes that the text engraved in 24/3 B.C. reproduces the provisions of the ephebarchical law promulgated under the Antigonids in the frst third of the second century B.C.

scholarly journals Pojedini aspekti građanskopravnog položaja udatih žena u srednjovjekovnoj Engleskoj

2021 ◽  
Vol 1 (2/2020) ◽  
pp. 38-61
Author(s):  
Milica Ristić
Keyword(s):  
Legal System ◽  
Justice System ◽  
Common Law ◽  
Married Women ◽  
Medieval England ◽  
Legal Capacity ◽  
Legal Systems ◽  
Basic Source ◽  
The Common ◽  
The Moment

The arrival of the Norman tribes in the territory of England inevitably meant the influence of the customs of these tribes on the formation of a new legal system, known as „common law”. Soon after, this system established the judicial precedent as the basic source of law, which made it significantly different from European continental legal systems. However, when it came to the position of women, the common law world was the same as the continental legal systems. It was the male world, as evidenced by the famous Blackstone’s thought that husband and wife are one, and that one is the husband. In the moment of marriage, the wife would lose her legal capacity, and her personality would be drowned in her husband’s power over her and her property. Considering many other restrictions on women’s rights that will be addressed in the paper, it is not surprising that widows enjoyed the best status in medieval England, mostly owing to the institute of dower. This injustice was corrected by the emergence of the justice system and especially the trust institute. This paper is dedicated to the stages of development of the rights of married women in medieval England from complete denial to their affirmation, and especially to the contribution of the institutions of equity law to that development.

The Abiding Influence of English and French Criminal Law in One African Country: Some Remarks Regarding the Machinery of Criminal Justice in Cameroon

1981 ◽  
Vol 25 (1) ◽  
pp. 1-13
Author(s):  
Peter Bringer
Keyword(s):  
Legal System ◽  
African Country ◽  
Legal Systems ◽  
African Countries ◽  
Black African ◽  
Legal Development ◽  
The Sixties ◽  
The Common ◽  
State Of Affairs

The legal systems of the vast majority of the Black African countries can either be reckoned among the common-law family of English origin or the civil-law family in its French version. This is a result of Africa's colonial past; France and England ruled the lion's share of the continent as colonies and gradually transferred their own legal systems to their African possessions. By the time most African territories gained their independence in the sixties, the European legal systems had obtained a firm footing, albeit often still applicable only to a limited extent and in a modified version of the occidental model. After independence, practically all African states maintained the legal system imposed on them by their former colonial masters; since then, they have further developed their laws on the pattern of those legal systems. One effect of this evolving state of affairs, despite all national legal peculiarities, has been a strengthening of the basic adherence of African states to the English or French legal system. On the other hand, it has widened the gap between Anglophone and Francophone countries, at least as far as legal development is concerned. In view of both long-term political goals such as African unity, and also current intra-African relations, such as trade and administrative co-operation between the states, separate legal development in Africa might become a deplorable stumbling block.

Jews, Guardians, and Magna Carta, Clause 11

1986 ◽  
Vol 4 (2) ◽  
pp. 367-402
Author(s):  
R. Malcolm Hogg
Keyword(s):  
Present Article ◽  
Primary Target ◽  
Common Assumption ◽  
Magna Carta ◽  
The Common ◽  
The Individual ◽  
Made In

Clause 11 of King John's Magna Carta has not received as searching an examination as have other clauses of that document. For example, McKechnie's comment runs to only half a page. In the 295 pages which he devotes to the individual clauses of Magna Carta, only his comments on clauses 62 and 63, clauses which he describes as ‘entirely of a formal nature’, and on clauses 53 and 57 are shorter. True, some of the points which have relevance for clause 11 are made in his comment on clause 10. But nearly all such points concern the Jews, whereas it is the intention of the present article to argue that the Jewish aspect of clause 11 has been too much discussed, or too much assumed, at the expense of other aspects, particularly its connection with guardians. After all, the common assumption that clause 11 represents part of a baronial attack on the Jews has been coupled, rather paradoxically, with the admission that it was too superficial to have much effect on the Jews. It is worthwhile inquiring whether the paradox really exists. Is the superficial effect on the Jews an indication that the purpose of the clause, at least in its origin, lay in a different direction? This article will suggest the possibility that unscrupulous guardians were the primary target of clause 11.

scholarly journals Direction-Asymmetric Equivalence in Legal Translation

2021 ◽  
Vol 47 (1) ◽  
pp. 57-72
Author(s):  
Tomáš Duběda
Keyword(s):  
Decision Making ◽  
Present Article ◽  
Social Factors ◽  
The Other ◽  
Directional Asymmetry ◽  
Legal Systems ◽  
The Past ◽  
Legal Translation ◽  
One To One ◽  
The One

Abstract The concept of equivalence, despite the criticism it has received in the past decades, remains a useful framework for the study of correspondence between legal terms. In the present article, I address the question of direction-asymmetric equivalence in legal translation, i.e. equivalence that does not obey the “one-to-one” principle, and which usually implies that the translator’s decision-making is more difficult in one direction than in the other. This asymmetry may be triggered by intrinsic semantic characteristics of legal terms (synonymy and polysemy), by differences between legal systems (system-specific terms, the procedures used for their translation and their handling in lexicographic sources, competing legal systems, tension between cultural boundedness and neutrality), or by social factors (L1 vs. L2 translation). The instances of directional asymmetry discussed are illustrated with examples from French and Czech.

scholarly journals Plea Bargaining dalam Sistem Peradilan Pidana di Beberapa Negara

Wajah Hukum ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Nella Octaviany Siregar
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Law ◽  
Legal System ◽  
Basic Concept ◽  
Common Law ◽  
Plea Bargaining ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
The Common

Plea Bargaining System is widely interpreted as a statement of guilt of a suspect or defendant. Plea Bargaining practised in many countries that have embraced the Common Law legal system. Plea Bargaining that was developed in the common law "legal system" has inspired the emergence of "mediation" in the practice of the judiciary based on the criminal law in the Netherlands and France, known as "transactie". Plea Bargaining is categorized as a settling outside the hearing and their users is also based on specific reasons. Even in the renewal of law criminal justice events in Indonesia, has also picked up the basic concept of plea bargaining that was adopted in the RUU KUHAP with the concept of "Jalur Khusus". That with the presence of the concept of "Jalur Khusus", is also a concern when viewed can enactment back recognition of guilt of the defendant as the basis of the judge's verdict is dropping. The purpose of this paper is to find out, analyze the plea bargaining in some countries. The type of research used is the juridical normative research, using a conceptual approach, comparative approach, historical approach.

The Common Law Mind of George Barton

2012 ◽  
Vol 43 (1) ◽  
pp. 163
Author(s):  
Campbell McLachlan
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Personal Experience ◽  
Common Law ◽  
Legal Reasoning ◽  
Legal Systems ◽  
International Human Rights ◽  
Progressive Development ◽  
The Common ◽  
International Human

Dr George Barton’s remarkable life in the law exemplified two themes of general lasting importance. The first is the need to ensure that, in its progressive development, the New Zealand legal system takes full advantage of its membership of the wider common law family of legal systems. McLachlan argues that this is not merely a matter of optional comparative reference, pursuing a vague notion of transnational law. Rather, consideration of other common law authority is integral to legal reasoning in New Zealand and essential if the New Zealand legal system is to avoid the risk of insularity. The second general theme is the contribution that New Zealand can make to the practical achievement of international human rights, particularly within the same family of legal systems. McLachlan develops these two linked themes by reference to his personal experience of working with Dr Barton on Commonwealth legal matters over the last 30 years.

scholarly journals Uniform Application of Law in Ethiopia: Effects of Cassation Decisions of the Federal Supreme Court

2014 ◽  
Vol 7 (2) ◽  
pp. 203-231 ◽  
Author(s):  
Hussein Ahmed Tura
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Common Law ◽  
Legal Systems ◽  
Application Of Law ◽  
Entire Country ◽  
Administrative Agencies ◽  
Lower Courts ◽  
The Common ◽  
Federal Supreme

The Ethiopian legal system has transplanted substantial elements from both Continental Law and Common Law legal systems. While the legal system is characterized by its reception of substantial rules from the Continental Law Legal System, there are some concepts transplanted from the Common Law legal system particularly incorporated in the procedural laws. Moreover, under Proclamation No. 454/2005, the interpretation of laws by the Cassation Division of the Federal Supreme Court (hereinafter Cassation Division) is made to have binding authority on all lower courts at all levels in the entire country. Although the Proclamation seems to introduce the doctrine of precedent, there is a debate as to whether what is introduced under the Proclamation amounts to a precedent system or not. Moreover, it is not expressly given whether judicial organs other than regular courts such as administrative agencies or tribunals, religious and customary courts are bound by the decision of the Cassation Division. The Proclamation also does not provide for the effects of overruling and preconditions to overrule previous decisions of the Cassation Division. The purpose of this article is to critically analyze the legal effects of the binding interpretation of law given at cassation by the Federal Supreme Court in the Ethiopian legal system.

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