Legal Vocabulary as Means of Revealing by Marcel Proust of the Cultural Codes of French Aristocracy, Bourgeoisie and Peasantry

This article is devoted to the stylistic and cognitive analysis of the legal vocabulary in the third volume of Marcel Proust’s novel “In Search of Lost Time” used in order to describe mental, psychological and cultural world of Guermantes in its contrast with the world of bourgeoisie and with that of French peasants. The legal terms we consider in the paper are used by Proust as core components of a number of stylistic figures, first of all, similes and metaphors. Following Gérard Cornu and some other scholars, we understand legal terminology (legal terms and legal vocabulary in general) as any word of language (in our case, those of French) having at least one legal meaning, acknowledged by an authoritative French dictionary. The legal terms identified in the text were classified into two groups: general legal vocabulary and specific legal vocabulary belonging to different branches of law: constitutional, criminal, international. In order to confirm their legal semantics while conducting contextual analysis, we have consulted all types of diction-aries: bilingual, monolingual, general and special ones. The main aim of the article was to determine the functions of these figures in Marcel Proust’s text whose poetics is not at all legal. To achieve it, the main task was to identify the connections between the denotative meaning of a given term and its connotative contextual transformations. This means first of all to decode contextual links between the legal figure under analysis and various domains of life it was applied to by Proust. Eventually, this analysis helps to reveal French cultural codes, those of declining aristocracy, empowered bourgeoisie and, in “Guermantes”, of peasantry. Thus, the Guermantes are associated in the eyes of the bourgeoisie, represented by Marcel, with something ancient, inaccessible to rational minds, charming: some sublime images, magical legends of ancient times, exquisite works of art and music, antique music instruments. In this context, a legal term, such as carte photographique d’identité for instance, introduces, by contrast, some materially-minded, pragmatic, prosaic notes. At the same time, democratic changes leading to the rise of the bourgeoisie, as well as the world of peasants are depicted in an extremely concrete way, being associated with the untamed force of nature: damage and devastation caused by the floods, noises, and the like. At the same time, various typical human feelings, such as Marcel’s admiration and Saint-Loup’s love due to the use of legal figures may be represented as imprisonment.

http://habibiaislamicus.com/index.php/hirj/article/view/172

The translation of the term is considered one of the biggest problems that hinder the translator’s work as it includes cultural terms, since the translation of the term requires the translator to be familiar with the different elements of the semiological framework, and he needs to portray the concept of the term, because the term differs from one nation to another. Therefore, the translator of the Islamic or legal term needs to be a specialist in forensic sciences in addition to translation sciences, in order to transfer the term from the source language to the target language. The paper address the problem of translating Islamic specific terms and legal terms used In Arabic, derived from Sharia or Islamic law. These terms mostly found in Official or religious documents. The research will seek to delve into the meanings of the these Islamic terms, due to importance of these terms, investigate translation process, the issues faces during the translation of the term and the difficulties associated with it, and the criteria that the must take into account when choosing the equivalent terms or word to translate it in corresponding language. What are the techniques, procedures, or the strategies applied by the translator to overcome the difficulties which results in inability or ambiguity in the translated terms. The paper seeks to answer the questions that the translator adapt in translating, what categories and abilities required for Islamic terminologies translator, how the translator shift from one legal culture to another, how he solve problem of religious incompatibility between the terms used in source language and those used in target text

Vedoucí zaměstnanec a výklad zákonných ustanovení contra Verba Legis

The article deals with the way legislation defines the term “senior employee” and how the interpretation is influenced by recent case law of the Constitutional Court. The first part of the article focuses on an analysis of the legal term “senior employee” in accordance with the present legislation as well as relevant judicature and doctrine. The second part of the article is based on a description of the way the Constitutional Court deviated from the interpretation of mentioned term and its aspects which were until then, considered defining. The article continues in the third section with the presentation of other examples of decision making contra verba legis throughout the judicial system of Czech Republic. The aforementioned sections are followed by the fourth part, which consists of a conclusion of the previous content and brings deliberations de lege ferenda.

Konfiskace uměleckých děl fyzických osob v době nesvobody

This paper presents an overview of the legal regulation and practice related to the confiscation of works of art in the so called “time of oppression”, which is a legal term for a historical period from 30.9.1938 to 4.5.1945 in the territory of the recent Czech Republic. Since the aim of the paper is to serve as a handout helping to understand the historical context by applying the restitutional statute No. 212/2000 Sb., it shows no detailed case study, but concentrates on an instructional overview. After a brief introduction, which explains the aim of the paper and defines its scope, the time of oppression is divided into two phases – the so called Second Republic and the Protectorate of Bohemia and Moravia. There is a short characterism of the respective phase and an indicative timeline describing the Era of Protectorate. The following parts deal with the legal regulation and confiscation praxis in more detail. The era of the so called Second Republic is by the nature of things shorter; however, the roots of the oppression practice are well illustrated. On the other hand, the description of the protectorate era required it to be subdivided into three parts: i) an introduction of the basic legal framework; ii) institutions dealing with confiscation; and iii) the disposition of confiscated goods, taking into account the museum practice.

Türkiye’deki Serbest Hukuk Çevirmenlerinin Karşılaştıkları Terminolojik Sorunlar ve Çözüm Önerisi

The legal environment we are exposed to makes the importance of the legal field more visible. There is no place for error in legal translations, otherwise there may be unfair judgments. A standard legal terminology is a requirement for legal translation to be done in the most accurate way without any misunderstandings. In this study, the terminological problems faced by freelance legal translators in Turkey are examined with descriptive analysis. It is also revealed the possible effects of a standardized legal terminology on legal translators and the translation process. Legal terminological problems faced by freelance translators in Turkey are identified by examining a professional site proz.com and various translator solidarity groups on social media. It has been observed that the posts of legal translators cover generally questions regarding the equivalent of a legal term in the relevant language. There are also questions on how to meet some legal expressions. It has been found that the main problem is due to the lack of a standard use of equivalents of relevant terms or expressions. In this context, in order to solve the terminological problems encountered, it is proposed that a multilingual standardized terminology database is prepared within the state and made available to freelance translators

Sudden Death in Adults: A Practical Flow Chart for Pathologist Guidance

The medico-legal term “sudden death (SD)” refers to those deaths that are not preceded by significant symptoms. SD in apparently healthy individuals (newborn through to adults) represents a challenge for medical examiners, law enforcement officers, and society as a whole. This review aims to introduce a useful flowchart that should be applied in all cases of SD. Particularly, this flowchart mixes the data obtained through an up-to-date literature review and a revision of the latest version of guidelines for autopsy investigation of sudden cardiac death (SCD) in order to support medico-legal investigation. In light of this review, following the suggested flowchart step-by-step, the forensic pathologist will be able to apply all the indications of the scientific community to real cases. Moreover, it will be possible to answer all questions relative to SD, such as: death may be attributable to cardiac disease or to other causes, the nature of the cardiac disease (defining whether the mechanism was arrhythmic or mechanical), whether the condition causing SD may be inherited (with subsequent genetic counseling), the assumption of toxic or illicit drugs, traumas, and other unnatural causes.

Pedophilia as a Legal Term (Criminal Pedophilia)

Introduction: in our opinion, special attention should be paid to the content of the terms “pedophilia” and “pedophile”, which are often found in the analysis of the legal literature, the reports of government officials, on the Internet, as well as in the content of the normative legal acts regulating the responsibility for committing sexual crimes against the category of victims of interest to us. To date, none of the legal sources operating within the territory of the Russian Federation does not contain the interpretation of the above terms, which fully reveals the specifics of the form of sexual deviation we are studying. The purpose of the study is to analyze the legislation of the Russian Federation regulating the responsibility for the commission of a crime that encroaches on the sexual freedom and sexual integrity of minors and juveniles, by persons suffering from a disorder of sexual preference in the form of pedophilia, as well as the medical and psychological sources containing information about the sexual deviation we are studying, to form the concept of the terms “pedophilia” and “pedophile” in the legal sphere. Methods: the statistical method, the methods of induction, analysis and synthesis are used. Results: the paper considers various definitions of the terms “pedophilia”, “pedophile”. The paper analyzes the affiliation of the previously mentioned term with any branch of scientific knowledge. Conclusions: as a result of the conducted research, the author formulated the concepts of the terms “criminal pedophilia” and “criminal pedophile”, whose use in the normative legal acts regulating the responsibility for committing crimes that infringe on the sexual freedom and sexual integrity of minors and juveniles, in our opinion, would contribute to the significant development of the system of combating sexual crime in relation to the category of citizens of interest to us.

Le droit public face aux populismes en Europe: les cas de la Pologne et de la Hongrie

Populism is by no means a legal term, and its conceptual matrix is unclear. Nevertheless, it remains a challenge for Public law, as populist trends challenge the notion of the rule of law and the formal mechanisms for the protection of fundamental rights. The European context illustrates this challenge. In this context, this contribution addresses three points: first, in general terms, the concept of populism is considered in its potential contacts with Public law issues; second, the cases of Poland and Hungary over the last decade are developed, highlighting their contexts and the way in which political and legal institutions, and more specifically constitutional courts, have been able to respond to populist trends. Finally, a concluding point discusses the lessons that can be drawn from these European cases, not only with regard to Poland and Hungary, but more broadly at the European and international levels. The article permits to identify the shortcomings of the instruments for the protection of fundamental rights, which are also the shortcomings of a still incomplete European Public law.

An Analytical Study of Muslim Jurists’ Opinion Regarding Sunnah

Islam is such a comprehensive, all-inclusive and basically a socialist religion, which has declared, it as an obligatory to achieve what the society needs and the factors which can be a barrier to social development, are forbidden and affixed as Haram (illegal) by Islam. In this regard after Holy Quran, Sunnah is the key to solve the problems of Muslim Ummah, which opens the door for humanity to look on that how can the obligations and prohibitions occurring in each age and time can be resolved. As for as, the analytical work of Sunnah literature is concerned it is a very high contribution in the field of Hadith and in this article titled “An analytical study of Muslim Jurist’s opinion regarding Sunnah”, it has been reviewed on that how the Sunnah has ever been a valuable and perpetual attraction from the beginning in Islamic law, due to different aspects. The term Sunnah, which is denoted as المسلوکہ الطریقہ) a fixed way) applied by the prophet as a legal term what HEصلى الله عليه وسلمsaid, did, and agreed to. It is however used to donate any of the above correlated meanings irrespective of whether the way of life custom and conduct are merely acceptable, commendable or detestable and unacceptable ones. Exemplifying the polarizing usage the prophetic tradition, reads: “whoever initiates (or revives) a meritorious Sunnah, within the frame work of Islam shall in addition to reward of intimating that particular Sunnah be endowed with the reward those who would follow his example until the day of resurrection without this diminishing in least from their sins.”In spite of the fact that the term Sunnah is technically used to contribute both good and bad conducts, it is commonly used in the context of good and acceptable way. However, in this study it has also been focused on the road map and guidelines for the Muslim community as a whole and for Jurists as a very essential.

The possible contexts of inclusion and special educational needs in the light of an international research

The relationship between school integration and special educational needs (hereinafter: SEN) is analyzed in the framework of an international resarch in this study. In the theoretical part the process of segregation, integration and inclusion is introduced, and also the use of the concepts is dicussed. The integration in the school system means the approach and practice against segregated education of students with disabilities with the aim to eliminate segregated education. SEN is not a diagnostic but an educational concept, and the its special pedagogy and legal term do not coincide. The research was extended to Ukrainian (the Transcarparthian n=280), Polish (n=271) and Hungarian students (n=552). The results show that school inclusion and social support are increased by school success. Success can increase the self-esteem of students with learning problems, which co-occures with the subjective perception of increasing social support and decreasing exclusion.