Characteristics Of Legal Language Research Articles

El lenguaje del Derecho, retos y posibilidades para la interpretación jurídica

El Derecho y el lenguaje comparten una relación donde el primero depende del segundo para su existencia. Este nexo se complejiza por la naturaleza diversa de los contenidos jurídicos, lo que obliga a que, en la construcción de sus normas, confluyan elementos lingüísticos de diversos ámbitos. Dicha amalgama da lugar a un lenguaje jurídico auténtico que hace suyos términos y expresiones de otros ámbitos para inculcarles su impronta y, por tanto, dotarlos de un contenido peculiar. Los legisladores deben observar las recomendaciones que por varias vías ofrecen los estudios de técnica legislativa, pero a pesar de esa obediencia, los intérpretes de las normas tendrán que sortear constantemente los obstáculos lingüísticos que se esconden detrás de cuestiones como la vaguedad y ambigüedad de las que, en no pocas ocasiones, adolecen las normas. Estas pueden ser consideradas características del lenguaje jurídico, pero lo cierto es que generan no pocos problemas a los operadores del Derecho, sobre todo en la interacción de las normas con los casos que deben resolver y su diversidad. Comprender algunos fundamentos de esta problemática puede arrojar luces acerca de las mejores maneras de proceder cuando nos encontramos ante una disyuntiva interpretativa de origen lingüístico.

LINGUISTIC AND DOMAIN-DRIVEN KNOWLEDGE DEFICIENCY IN LEGAL TRANSLATION

Ponte Academic JournalMar 2018, Volume 74, Issue 3 LINGUISTIC AND DOMAIN-DRIVEN KNOWLEDGE DEFICIENCY IN LEGAL TRANSLATIONAuthor(s): Soufiane BlidiJ. Ponte - Mar 2018 - Volume 74 - Issue 3 doi: 10.21506/j.ponte.2018.3.11 Abstract:This current research explores the concept of forensic linguistics from the perspective of translator training. Legal translation is a specialized discipline that represents one of the most frequently needed disciplines in the profession of translation, especially with the proliferation of multi-national organizations. The sensitivity of the area and the possible nefarious consequences grave mistakes can have make the related issues of training and competence more prominent than in other areas of expertise. The research adopts a threefold approach using the theoretical classification of legal translation typology, the nature and characteristics of legal language, and the exploration of legal translation difficulties to tackle the issue of legal translation equivalence. Using this theoretical framework, it analyzes exam scripts involving the translation of authentic legal texts. Research findings indicate that the structure of legal texts and the related issues of semantics and pragmatics coupled with cultural differences as well as differences in legal systems and laws call for more exhaustive efforts that teachers of translation and translator training programmes need to deploy. It then advocates what has been termed ad hoc knowledge acquisition, focusing on expanding students’ corpus-knowledge in terms of concepts and lexicon which are related to the field of law. Download full text:Check if you have access through your login credentials or your institution Username Password

ODBIORCY PRAW POLSKICH, GRECKICH I CYPRYJSKICH. WYKŁADNIKI JĘZYKOWE

The paper is dedicated to highlighting and indicating linguistic exponents used for needs to express the recipients of legal rules, which are present in Polish, Greek and Cypriot normative acts. The thesis of the investigation is the suspicion of designation or denotation or different relations existing between linguistic exponents referring to the recipients of legal rules and the real recipients of legal rules. Before the empirical investigations are conducted, some characteristics of legal language (statutory language) are given. The statutory language is understood as the language used express and to formulate legal rules. Thus, language of legal rules is an abstract creation as it is the interpreted form of the statutory language. Then a typical legal rule might be seen as an utterance saying: “X (in the circumstances Y) does Z”. The statutory language has a specific character and function, which is to express and to verbalize legal rules, thus considering the typology of legal rules, which is division into general legal rules ( lex generalis ) and specific legal rules ( lex specialis ), the linguistic exponents of these rules are presented. They are derived from Polish, Greek and Cypriot normative acts, more specifically, they form the laws. The next step of the investigation is to present the linguistic exponents used to specify the recipients of legal rules. The presentation is based on the relations of designation or denotation or different and the analysed linguistic exponents are given in confrontational aspect. The summaries and conclusions of the whole investigation are discussed in the final remarks of the paper. The final step of the investigation is to propose where and how the results of the performed investigations might be used as the applied linguistic, legal translatology especially seems the appropriate applicable field.

Why Judicial Formalism is Incompatible with the Rule of Law

When a judge follows the letter of the law, her judgment may be considered blinkered by the man in the street. Legal professionals, however, would classify the judgment as formalistic. From a theoretical perspective, formalistic decision-making limits the number of premises on which a judge may base a verdict. It asks the judge to focus on the literal meaning of the legal text and to disregard other interpretative premises, like the purpose or function of the law, legislative history or – in civil law jurisdictions – previous court decisions.Formalism as an art of limiting judicial choices is perceived by many as fully consistent with the rule of law. It seems to both allow the curtailment of interpretive discretion and to ensure fidelity to the will of the lawmaker. This contrasts with an all-things-considered approach, where the premises for judicial decision-making seem unlimited, discretion encouraged, and the will of the lawmaker ignored.In this paper I show that the apparent compatibility between formalism and the rule of law is based on a particular assumption as to the nature of legal language: that this language is criterial in the sense that in order to understand it, one needs to rely on dictionary definitions understood as sets of criteria. This assumption is misguided, and its flaws are revealed by theoretical advances in the contemporary philosophy of language. Specifically, semantic externalism demonstrates that the meaning of language cannot be discovered merely by reading dictionaries; rather, it requires the investigation of the linguistic practices of a particular communicative community, and an insight into the history and function of individual legal terms.Because the nature of legal language is different from that assumed by the formalists, the compatibility between formalism and the rule of law collapses. With such a distorted perspective of the characteristics of legal language, formalism cannot ensure fidelity to it. This paper shows that judicial decisions based on applying definitions are very often surprising to the law’s addressees; this contradicts one of the main tenets of the rule of law, namely, the predictability of court verdicts. As a consequence, the rule of law requires a different, moderately non-formalistic approach to legal interpretation. Within this approach, judges can make decisions based on a broader scope of interpretive premises and by doing so ensure a better level of predictability.

‘n Verkenning van regsvertaling as ‘n “spesiale geval”

Legal translation is a complex activity which has to date received little attention in South Africa, despite the increasing demand for well-trained legal translators. This article explores the field of legal translation by considering its position in terms of different theoretical models of translation. The relation between (legal) text type and translation strategy is also investigated. In legal translation, the main focus is on two important notions, namely legal force and legal equivalence. As a consequence, any theory of legal translation must take into account the importance of these concepts. In this regard, legal translation may be regarded as a special case, which cannot be dealt with in general theories of translation. In addition, this article focuses on the problems translation students experience with the unique and distinctive characteristics of legal language, and their inability to approach the translation task methodically and systematically. In the latter part of the article, a teaching method is proposed and demonstrated, whereby the cognitive structure of a legal text is simplified. It is suggested that this method of text analysis is a useful tool in the training of legal translators.

Multi-level structure of meaning in a business law tutorial

This paper investigates the tutor’s discourse in a university classroom for a business law tutorial. It is argued that the discourse is structured on several levels. On a deeper level, linguistic models of values underpinning the legal system can be discerned. Sinclair and Coulthard’s classroom taxonomy was applied firstly to the discourse, followed by further investigation of the moves in the exchanges along the lines of Halliday’s interpersonal, ideational and metalanguage components. In addition, characteristics of legal language were explored. It was found that, in combination, these form the medium through which the linguistic models of the legal system are presented. It is suggested that these elements of the discourse play an important role in initiating the students into the subject’s discourse community. It is further suggested that students with less facility and flexibility in English may be positioned less advantageously to benefit from these subtle messages.