scholarly journals Onomastyka i prawo – miejsca wspólne

2021 ◽  
Vol LXXVII (77) ◽  
pp. 279-295
Author(s):  
MAGDALENA GRAF
Keyword(s):  
Place Names ◽  
Proper Nouns ◽  
Legal Texts ◽  
Cultural Texts ◽  
The Law ◽  
And Linguistics

Przedmiotem artykułu są wzajemne związki między językoznawstwem (onomastyką) a językiem prawa. Badania obejmują trzy kategorie nazw własnych: antroponimię, toponimię oraz chrematonimię, a ich przedmiotem jest omówienie relacji pomiędzy nazwami jako tekstami kultury a tekstami prawniczymi, w których podejmowane są zagadnienia związane z funkcjonowaniem tych kategorii onimicznych. Szczegółowe obserwacje dotyczą procesu kształtowania się nazwiska oraz dopuszczanych przez ustawodawstwo zmian w zakresie imion i nazwisk, najnowszych przepisów dotyczących nazw miejscowych oraz nazewnictwa miejskiego oraz nazw produktów. Poza ukazaniem wzajemnych relacji między prawem a lingwistyką zwrócono również uwagę na istotne różnice w definiowaniu i interpretowaniu pojęć (np. nazwy produktu). The overlapping of onomastics and the law Summary: The article addresses the interrelations between linguistics (onomastics) and the language of the law. The study includes three categories of proper nouns: anthroponymy, toponymy and chrematonymy, and the aim is to discuss the relation between names seen as cultural texts and legal texts, in which issues related to the functioning of both of these onimic categories are discussed. The study focuses on the process of the formation of surnames and on the changes allowed by law in the area of names and surnames. It also discusses the latest regulations that concern place names, city names, and product names. Apart from showing the interrelations between the law and linguistics, the author pinpoints significant differences in the defining and interpreting of concepts (e.g. in the case of product names).

scholarly journals The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit

2020 ◽  
Vol 16 (4) ◽  
pp. 465-488
Author(s):  
Thomas M.J. Möllers
Keyword(s):  
Case Law ◽  
Third Party ◽  
Broad Term ◽  
Legal Texts ◽  
Classical Methodology ◽  
The Law ◽  
Legal Methodology ◽  
The Relationship ◽  
Further Development ◽  
Domestic Law

AbstractThe Europeanisation of domestic law calls for a classical methodology to ‘update’ the established traditions of the law. The relationship between European directives and national law is difficult, since directives do apply, but European legal texts need to be implemented into national law. Whilst directives are not binding on private individuals, there is no direct third-party effect, but only an ‘indirect effect’. This effect is influenced by the stipulations of the ECJ, but is ultimately determined in accordance with methodical principles of national law. The ECJ uses a broad term of interpretation of the law. In contrast, in German and Austrian legal methodology the wording of a provision defines the dividing line between interpretation and further development of the law. The article reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.

scholarly journals A simplification of the Consumer Rights Act. Plain legal language and legal language

2021 ◽  
Vol 11 ◽  
pp. 45-71
Author(s):  
Natalia Zych
Keyword(s):  
Effective Communication ◽  
Legal Language ◽  
Consumer Rights ◽  
Legal Texts ◽  
Average Reader ◽  
The Law ◽  
The Cost

The article examines the idea of plain legal language as a standard in creating comprehensible and effective communication in legislative acts. It features plain legal language techniques and tools used to tackle the visual and linguistic layer of legal texts. Selected techniques were implemented to experimentally modify the Polish Consumer Rights Act of 30 May 2014. The document, transformed in the spirit of plain legal language, was then submitted for assessment to lawyers as well as individuals with no legal background. The article features the results of the experiment as well as conclusions which make it possible to say whether the “simplified” act is more comprehensible to an average reader, and to assess the cost of the changes introduced in the original provisions of the law.

scholarly journals Conceptual Origins of Legal Linguistics

2021 ◽  
Vol 47 (1) ◽  
pp. 17-56
Author(s):  
Marcus Galdia
Keyword(s):  
State Of The Art ◽  
The State ◽  
Frame Of Reference ◽  
Linguistic Knowledge ◽  
Linguistic Complexity ◽  
Legal Discourses ◽  
Legal Texts ◽  
The Law ◽  
Problem Awareness

Abstract This essay is a survey of methods applied and topics scrutinized in legal-linguistic studies. It starts with the elucidation of the epistemic interest that led to the emergence and to the subsequent expansion of the mainstream legal-linguistic knowledge that we dispose of today. Thus, the essay focuses upon the development of problem awareness in the emerging legal-linguistic studies as well as upon the results of research that might be perceived as the state of the art in the mainstream legal linguistics. Meanwhile, some methodologically innovative tilts and twists that enrich and inspire contemporary legal linguistics are considered as well. Essentially, this essay traces the conceptual landscape in which the paradigms of legal-linguistic studies came about. This conceptual landscape extends from the research into the isolated words of law and the style used by jurists to the scrutiny of legal texts and legal discourses in all their socio-linguistic complexity. Within this broad frame of reference, many achievements in legal-linguistic studies are mentioned in order to sketch the consequences of processes in which legal-linguistic paradigms take shape. The author concludes upon a vision of legal linguistics called pragmatic legal linguistics as the newest stage in the intellectual enterprise that aims to pierce the language of the law and by so doing to understand law better.

scholarly journals Metaforikus névadás

2020 ◽  
Vol 42 ◽  
pp. 9-28
Author(s):  
Katalin Reszegi
Keyword(s):  
Data Collection ◽  
Cognitive Linguistics ◽  
Place Names ◽  
Psychological Reality ◽  
Cognitive Mechanism ◽  
Human Thought ◽  
Proper Nouns ◽  
Cognitive Metaphor ◽  
Metaphor Theory ◽  
The Creation

The paper discusses the cognitive mechanics of metaphorical name-giving with a focus on place names, following an overview of cognitive metaphor theory and the questions of metaphorically used proper nouns. In cognitive linguistics, the use of metaphors is a cognitive mechanism that plays a fundamental role in human thought and understanding, and the creation of our social, cultural and psychological reality. A particular form of this also manifests in name-giving, creating a small but influential category of names. The category of place names also influences the application of this name-giving method: it is generally used in more informal names and name types. The creation of such a name requires the speaker to detach themselves from the conventional norms of direct descriptionand metonymic name-giving, and relies on their lingual creativity and ability to detach themselves from dominant name-giving models. However, names in the category can also be divided into subcategories. Beyond the typical common-noun-based metaphorical name-giving, more complex parallels can also be found, resulting in the associations connecting the names of several nearby locations. Place names can also serve as the base of metaphorical name-giving, supporting the complex meaning of these names. Despite the fact that the majority of metaphorical names are available from contemporary data collection, it is obviously a long-standing and ancient method of name-giving, as it is based on a cognitive mechanics that seem to be as old as humanity itself.

Interpreting Multilingual Legislation

2019 ◽  
pp. 183-208
Author(s):  
Janny H.C. Leung
Keyword(s):  
Legal Interpretation ◽  
Legal Texts ◽  
Constituent Group ◽  
Legal Outcomes ◽  
The Law ◽  
The Cost

This chapter discusses the intricacies of interpreting multilingual legal texts. Multiplicity of legal languages potentially amplifies linguistic indeterminacy, which in turn contributes to legal indeterminacy. It would be a nightmare for a bilingual or multilingual jurisdiction if the application of two or more language versions of the law to the same case leads to two or more different legal outcomes. Such legal indeterminacy could give rise to chaos. Indeed, these nightmares have periodically haunted bilingual and multilingual jurisdictions. Established rules of legal interpretation, having been derived with the assumption that there is only one official text of the law, are not always helpful in resolving interpretation problems in a multilingual jurisdiction. In multilingual jurisdictions, the authority of the law is shifted away from the text that represents it. The cost of linguistic inclusivity is that each constituent group of a multilingual jurisdiction has to surrender predictability of legal outcome derivable from a single version of the law.

'Flemish law' in Central Germany

2010 ◽  
Vol 78 (1-2) ◽  
pp. 37-61
Author(s):  
Heiner Lück
Keyword(s):  
Legal Status ◽  
General Context ◽  
Equal Division ◽  
Place Names ◽  
13Th Century ◽  
Low Countries ◽  
Central Germany ◽  
The Law ◽  
Characteristic Features

AbstractIn the general context of 12th- and 13th-century migrations in Europe, several communities from the Low Countries settled in central Germany, in territories now divided between the Länder Saxony, Saxony-Anhalt and Thuringia. Many of these settlements were concentrated in the region between Berlin and Wittenberg, still known today as the Fläming (from Flamen, German for Flemings, but also a generic name for populations from the Low Countries); the settlements also include areas around Burg and Magdeburg, a few localities around Leipzig and Naumburg, and the Goldene Aue, near the Kyffhäuser Hills. The law in those Flemish-Dutch settlements can to some extent be traced back through local customs and place-names, as well as through references in charters granting a distinctive legal status to the colonists. Characteristic features of the legal migration are the equal division of property after death and the terms Schulze and Schultheiß, which may in some cases go back to Netherlandish origins and influences.

PLACE NAMES IN THE PHRASEOLOGY OF BALTIC LANGUAGES: INTERNATIONAL, NATIONAL AND LOCAL CULTURAL SIGNS

Via Latgalica ◽  
2016 ◽  
pp. 92
Author(s):  
Antra Kļavinska
Keyword(s):  
Foreign Language ◽  
Primary Source ◽  
Secondary Source ◽  
Structural Elements ◽  
Place Names ◽  
Proper Nouns ◽  
Practical Research ◽  
Online Sources ◽  
Parallel Texts ◽  
Insight Into

<p><em>Contemporary researchers of proper nouns are increasingly paying attention to onym semantics in both theoretical discussions and practical research. Proper nouns, in the same way as foreign language components, are associated with various extralinguistic factors, and it is for this reason that they have been analyzed in culturohistorical, social, and cross-cultural communicative contexts. In addition, research has been conducted in many languages on proper nouns as phraseological structural elements, usually emphasizing the large number and importance of anthroponyms in phraseology.</em></p><p><em>Place names as phraseological unit components of semantics in Latvian and Lithuanian are analyzed in this article using the linguoculturological approach. Latvian and Lithuanian phraseological dictionaries are used in the study as primary source, with a catalogue of Latvian and Lithuanian proverbs utilized as a secondary source, providing a wider insight into phraseology.</em></p><p><em>A catalogue of Lithuanian-Latvian-Lithuanian parallel texts, in addition to online sources, was used to clarify the functionalities of idiomatic expressions.</em></p><p><em>Contemporary texts are dominated by toponymic phraseologisms, in addition to national cultural signs, while phraseologisms with place names of local interest are used relatively rarely in a given area. Today, discerning the meaning of less current phraseologisms is difficult or impossible; without knowing the motivation of the phraseologisms, their semantics are unclear.</em></p>

Law and love: the Jewish family in early modern Italy

2001 ◽  
Vol 16 (2) ◽  
pp. 283-303 ◽  
Author(s):  
HOWARD TZVI ADELMAN
Keyword(s):  
Early Modern ◽  
Social Structures ◽  
Jewish Women ◽  
Jewish Family ◽  
Early Modern Italy ◽  
Legal Texts ◽  
The Law

In legal texts, women, acting on their own volition, are actually described as individuals in negative terms. This study examines clandestine betrothals and marriages; adultery, especially the treatment of adulterous women; the abused wife and her ability to initiate divorce proceedings against her husband; and testaments left with Christian notaries by Jewish women.While they were limited by various laws and customs, individuals managed to use laws and social structures for their own advantage, negotiated space for themselves, and devised strategies to fulfil their wishes, which could be described as the pursuit of love, by circumventing obstacles placed in their way by communities, families, and the law. These practices raise questions about familial control, rabbinic authority, and communal power.

scholarly journals Methods of implementing civil judicial decisions, a study about Jordanian law and Islamic Sharia

2021 ◽  
Vol 58 (1) ◽  
pp. 4332-4347
Author(s):  
Dr. Mashal Mufleh Al-Jarrah, Dr. Kefah Al-Souri, Dr. Ahmad Ababneh
Keyword(s):  
Free Will ◽  
Analytical Approach ◽  
Comparative Approach ◽  
Judicial Decisions ◽  
Islamic Jurisprudence ◽  
Legal Texts ◽  
Implementation Method ◽  
Judicial Authority ◽  
The Law

Judicial decisions in the law and Sharia are implemented by following two methods, either voluntarily by the free will of the convicted person, or driven by fear of compulsory execution, and it is the second method carried out by the judiciary, by forcing the convicted person to implement the required consequent commitments and cries. The problem of this study lies In the adequacy of the legal texts and Islamic Sharia in finding solutions to implement judicial rulings and decisions, researchers will follow the descriptive and analytical approach, and the comparative approach whenever possible, and the researchers have reached set of results and recommendations, the most important of which was: The forced execution shall be upon legal litigation instated Through the enforcement departments of the judicial authority after exhausting the optional implementation method. As for the most important recommendations, it should be taken into account in the Islamic jurisprudence that the insolvent debtor is considered a debtor who is unable to fulfill his obligations, and not merely the claim of the person convicted of insolvency.

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