Language Of Court Research Articles

형사사법(司法)절차에서 통역을 받을 권리의 헌법적 보장과 그 실현을 위한 입법과제

This paper explores the critical role of judiciary interpreting in legal proceedings, focusing on the necessity for accurate and effective court interpretation for defendants who do not speak the court's language. Judiciary interpreting is distinct from general interpreting because it directly impacts the protection of basic rights and the fairness of the trial. Without proper interpretation, defendants may not fully understand the charges against them or the legal procedures, leading to the potential infringement of their defense rights and the integrity of the trial. As South Korea transitions into a multicultural society, the influx of immigrants has led to an increase in criminal cases involving non-native Korean speakers. These defendants often face difficulties in both testimony and communication with legal professionals due to language barriers. In response, South Korean law mandates the assistance of interpreters during criminal procedures (Article 180 of the Criminal Procedure Act) and has introduced systems like the 2021 court interpreter certification program. However, issues such as a lack of qualified interpreters for minority languages and insufficient understanding of legal terminology among interpreters still hinder the full realization of defendants' rights. This paper addresses the constitutional foundation of the right to interpretation, emphasizing that this right derives from the principles of due process, the right to a fair trial, and bodily freedom guaranteed in the Korean Constitution. By comparing legal systems in Canada, the U.S., and the European Court of Human Rights (ECHR), this study examines the standards for interpretation rights and suggests improvements for South Korea's judiciary interpreting system. Key recommendations include establishing objective criteria for determining when interpretation is necessary, ensuring interpreter competence, and formalizing interpretation guidelines in the legal system to safeguard the accuracy and impartiality of court interpretation. The paper concludes that an effective judiciary interpreting system is essential to maintaining the fairness of trials in a multicultural society and calls for legislative reforms to enhance interpreter training and certification.

Языковое законодательство в межвоенной Польше как элемент национальной политики: историография проблемы

The paper deals with the language policy of Poland as an element of national policy. The international treaties on the protection of national minorities, the Constitution of Poland of 1921 and the laws adopted on July 31, 1924 “On the State language and working language in State institutions and self-government institutions”, “On language and organization of school work for national minorities”, “On language in courts, prosecutor’s office and notary institutions” are considered. In the Second Polish Republic, one third of the population consisted of national minorities, for whose rights the Polish Sejm adopted these laws. The laws provided for the limited use of the languages of national minorities – Lithuanian, Belarusian and Ukrainian. In certain cases, Polish civil servants were required to use the languages of national minorities in their activities. Due to their inconsistency and half-heartedness, the laws were not actually implemented and caused discontent both among representatives of national organizations and among the majority of Polish political circles. Among historians and in journalism, the laws “On Language...” also caused a discussion. Most researchers believe that the Polish language legislation did not aim to actually improve the situation of national minorities, but only to imitate their protection in order to form a positive image of a “democratic” Poland in the international arena.

Poetic Alchemy: the Rise of Romance from a Persian Perspective

Abstract The eleventh and twelfth centuries witnessed either the rise or revival of long-form amorous narratives in at least four courtly language traditions across the southwestern flank of Eurasia: Persian, Georgian, Greek, and French. This coeval occurrence of the “rise of romance” offers fruitful grounds for considering broad literary-historical questions about genre, poetics, and interconnectivity in a comparative fashion. The aim of this article is to give an account of this phenomenon in the early Persian context, with special attention to the role of poetry in transforming popular tales into elite literature. Understanding the implications of this practice may shed some light on possible factors contributing to the romance’s (re-)emergence in other twelfth-century literary traditions. As a coda, this article suggests twelfth-century Anatolia and Syria as significant contact zones where all four of the courtly languages mentioned above would have had some opportunity to interact.

The impact of the #MeToo movement on language at court A text-based causal inference approach.

This study assesses the effect of the #MeToo movement on the language used in judicial opinions on sexual violence related cases from 51 U.S. state and federal appellate courts. The study introduces various indicators to quantify the extent to which actors in courtrooms employ language that implicitly shifts responsibility away from the perpetrator and onto the victim. One indicator measures how frequently the victim is mentioned as the grammatical subject, as research in the field of psychology suggests that victims are assigned more blame the more often they are referred to as the grammatical subject. The other two indices designed to gauge the level of victim-blaming capture the sentiment of and the context in sentences referencing the perpetrator. Additionally, judicial opinions are transformed into bag-of-words and tf-idf vectors to facilitate the examination of the evolution of language over time. The causal effect of the #MeToo movement is estimated by means of a Difference-in-Differences approach comparing the development of the language in opinions on sexual offenses and other crimes against persons as well as a Panel Event Study approach. The results do not clearly identify a #MeToo-movement-induced change in the language in court but suggest that the movement may have accelerated the evolution of court language slightly, causing the effect to materialize with a significant time lag. Additionally, the study considers potential effect heterogeneity with respect to the judge's gender and political affiliation. The study combines causal inference with text quantification methods that are commonly used for classification as well as with indicators that rely on sentiment analysis, word embedding models and grammatical tagging.

Insults, offensive language, and taboo words in court interpreting in Spain: A corpus study of interpreted renditions by higher education students

The court interpreter’s performance is integral to ensuring a fair trial. When dealing with insults, offensive language, and taboo words it is especially important to interpret renditions accurately and completely, as uttered insults or other expressions of verbal violence may be considered an aggravating factorof an offence, or they may in themselvesconstitute the offence of defamation [injuria] or defamatory allegation of a criminal offence [calumnia] under the Spanish Criminal Code. An experimental study was carried out in order to test the hypothesis that students with a good language and interpreting skills are unable to interpret this type of rendition in a court setting. A corpus was created compiling the renditions of 46 higher education students while they did the interpreting exercises from a collection of specific teaching materials based on the use of audiovisual recordings of real criminal trials (Hunt-Gómez, 2013). There were 123 renditions per student, with a total number of 5,658 renditions, of which only those containing insults, offensive language, or taboo words were analysed, transcribed, and categorised according to the student’s ability to convey meaning and to express the intensity of the original message. Results showed that dealing with impolite or taboo language was an added difficulty for students, despite their command of both their working languages and interpreting techniques. Consequently, interpreting training should include specific exercises in order to trigger students to produce a pragmatic equivalent when dealing with these types of renditions so that future interpreters are equipped with the appropriate strategies when faced with real-life situations.

Court Forms as Part of Online Courts: Elicitation and Communication in the Early Stages of Legal Proceedings

The article explores court forms as an interactive genre essential for legal-lay communication in civil and family proceedings: court forms elicit key information from predominantly lay users for the purposes of court administration and the judiciary. The information presented in court forms defines the agenda and communicative focus of the subsequent hearings and settlement negotiations, and in some instances even the path the proceedings would take. It is thus important to consider court forms in terms of their comprehensibility as well as functionality for eliciting legally coherent narratives and facilitating efficient engagement of lay participants with the proceedings. The case study presented in the article draws on the combination of corpus linguistics and discourse analysis to explore two versions of the court form most frequently used by self-represented parties in England and Wales, ‘Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing’. The comparison of the paper form and its redesigned online version identifies the improvements made as part of the digitisation process but also indicates communicative challenges which can prevent the lay person from presenting the relevant information. The discussion provides an opportunity to reflect on the role of language in online courts.

Pré-souveraineté: Ukrainian content

The article attempts to single out key ideas that preceded the modern vision of sovereignty and to analyze their development in the context of state-legal development on Ukrainian lands. In particular, attention is drawn to such of them as the idea of “own production”, independence and self-sufficiency (J. Boden), the idea of social solidarity and the rule of law (L. Dyugy), the idea of a sovereign people in the state (St. Dnistryanskyi). In particular, their formalization in the privileges of the Union of Lublin is analyzed, according to which Kyiv, Volyn and Bratslav Voivodeships received: guarantees of inviolability of borders, the right to sue under the II Lithuanian Statute, the right to use the Russian (Old Ukrainian) language as the sole language of court and administration, etc. It is claimed that the existence of these rights ensured the further creation of the Russian identity of the inhabitants of Ukrainian territories already within the Commonwealth of Nations and the creation of the territorial and legal model of the Russian (Ukrainian) people. Attention is drawn to the Union of Brest in 1596 as an attempt to implement the idea of social solidarity, the Treaty of Zborivsk in 1649, which recorded the appearance of the Zaporizhzhya Army as a Cossack state, legalized its self-government and, in a certain way, legitimized it on the international arena and the Hadiac Agreement of 1658. It is concluded that it is they who determine the modus operandi of sovereignty or pré-souveraineté and that there is an invariably high index of the “sovereignty instinct” of the Ukrainian society, which confirms its implementation of the main ideas on which the modern idea of sovereignty is based. Key words: sovereignty, ideas of sovereignty, Ukrainian statehood, state-legal process.

Influence of Persian on Assamese Language

The language is an important means of communication. It is an important determinant of culture or rather, a reflex of culture.1 Language presupposes both logically and factually the interaction among the people. Language and culture are like a fast flowing stream. As the fast flowing stream carries away all the necessaries and unnecessary, lying on its banks, similarly a living language or a living culture takes in some position of other language and culture with whom it comes into the contacts. Thus with give and take attitude a rich living culture thrives and goes on forward to make it richer in culture. The origin of Assamese language and culture lies mainly in the Indo- Aryan culture. The total outcome of modern Assamese language and culture lies in the Persian of the Indo-Aryan culture and the language and culture of indigenous people of Assam, and its neighboring states. It has been further influenced by the language and culture of Shan ( Tai Ahom ) people. The linguistic devices assist the language meet the demands of culture and enable it to determine the course of the development of the vocabulary. The impact of one language on a particular language spreads by two ways i.e. by the direct ways and by the indirect ways. The direct way is generally established through the contact of the two persons in a direct way while the indirect way is established through the language, literature and culture only. In the context of the impact of Persian on Assamese language and culture, both the ways have been found applicable although the latter way i.e. the indirect has been increasing more in recent times. Generally some words have been borrowed in a particular language in order to fulfill the necessity. On the contrary some words have been borrowed which are regarded as superior and well developed with literature for which the origin terms have been intentionally replaced by the new terms. For example in the Assamese language it uses „haqq‟ instead of „Ucit‟, „ayana‟ instead of archi etc. From the linguistic point of view, the influence of Persian spreads on other Indian languages when it was the official or court language of those parts of the country where Muslim rule prevailed. To a large extent it became the intellectual lingua franca of those parts. Persian administrative and judicial terminologist, however took more lasting root in Indian languages even though in most cases, they became Indianised and took the form and accent of the language of their absorption.

Linguistic nationalism in early-colonial Assam: The American Baptist Mission and Orunodoi

This paper will attempt to map the emergence of linguistic nationalism as a direct offshoot of the language debate in early-colonial Assam. In 1836, Bengali was made the language of courts and schools in Assam. Ten years later, the Baptist Mission at Sadiya started publishing a monthly magazine called Orunodoi. Orunodoi gradually became a critical instrument in the effort to reinstate Assamese as the language of the province’s courts and schools. How did the emergent public sphere react to the debate on language? What was the power dynamic between an emergent native intelligentsia, the Baptist Mission and the colonial state in early-colonial Assam? What are the factors that prevented Assamese from being reinstated as the language of courts and schools in Assam until 1873? Was the debate on language merely about imposition of a ‘foreign’ language, or was the discourse more fluid with concerns like language standardisation operating as undercurrents? Can the language debate in early-colonial Assam be isolated as the first assertion of a sub-national identity based upon cultural and linguistic ‘uniqueness’? Through an analysis of some articles published in Orunodoi, read along with private letters and official correspondences of the American Baptist Mission in Assam, this paper will attempt to address some of these questions and recover the context of the debate around language in nineteenth-century Assam.

Cognitive Phraseological Variations in Terminology of Public International Law and Its Application in Translation into Farsi

For the past twenty years, “phraseology” has been considered a very important topic of study for various specialized languages. The linguistic view that used to see phraseology such as “idiom researches and lexicography classifying various kinds of idiomatic expressions” has changed meaningfully. Nowadays, thanks to these changes, the new view is focused on identifying and classifying phraseology as well as applying them to research in theory. That is why we would do well to try to define new horizons of phraseology in different specialized languages. The language of interest here is the prescriptive and descriptive language of international law instruments. We should consider this language as the normative language of judges, legislators, courts and international lawyers. These practitioners – who use specific types of phraseology and stable linguistic structures –should perhaps adhere to the use of a professional language that conforms to recognized standards of normative rules. This paper, therefore, tries to define the main relations between phraseology studies and IL Latin expressions and their systematic-semantic equivalences in languages with different roots like Farsi.

Sacrum imperium: Lombard Influence and the ‘Sacralization of the State’ in the Mid-twelfth Century Holy Roman Empire (1125–1167)

Abstract Sacrum imperium (literally: holy empire) is a Latin phrase that entered the chancery of Holy Roman Emperor Frederick Barbarossa (1152–1190) in 1157. Sacrum imperium developed into the name of the Empire only much later, but scholars interpreted it as a programmatic phrase that Frederick and his chancellor, Rainald of Dassel, introduced as a part of their plan to ‘resacralize the state’ after its supposed desacralization by Pope Gregory VII (1073–1085) and the Empire’s defeat in the Investiture Controversy (1076–1122). In this article I show that sacrum imperium was introduced not by Frederick and Rainald but by a group of Italian courtiers who had developed a new political vocabulary based on that of Justinian’s Corpus iuris civilis and the contemporary Byzantine court language. I also demonstrate on the basis of Italian, Byzantine and papal sources that a desacralization of the state in 1122 never happened.

REQUIREMENTS FOR COURT DOCUMENTS

This article is devoted to the analysis and formulation of requirements for judicial documents. The relevance of the stated topic is explained by the need to improve the communication process and improve the efficiency of justice. The most developed are the issues of requirements for judicial acts. At the same time, the requirements for other judicial documents - petitions, statements, written evidence are important. The most important are the requirements of legality, validity, motivation. However, we must not forget such requirements as completeness, consistency, literacy. As part of the general characteristics of judicial documents, attention was paid to the requirement of fairness and expediency. Close attention is paid to the language and style of court documents. The requirements for the form and content of court documents are formulated. The author comes to the conclusion that it is necessary to legislate the requirements for some varieties of judicial documents, just as the requirements for judicial acts are fixed.

The Influence of the Language of Courts on Educational Opportunities for Students with Disabilities

The article explores the discourse of federal court rulings related to disability and education. The aim is to understand how the language of federal courts influences the quality of educational opportunities afforded students with disabilities. Viewing the purpose of schooling as egalitarian and using Gee’s (2014) activities building tool, selected lines from opinions delivered in five federal court cases are analyzed to explore how they affect students and the structures of educational institutions. The language of the decisions impacts the perspectives of students, level of expectations, and quality of educational opportunities for students with disabilities.

Why Do Rule 48(a) Dismissals Require 'Leave of Court'?

The conventional view of Rule 48(a) dismissals distinguishes between two types of motions to dismiss: (1) those where dismissal would benefit the defendant, and (2) those where dismissal might give the Government a tactical advantage against the defendant, perhaps because prosecutors seek to dismiss the case and then file new charges. In United States v. Flynn, the Department of Justice argues that Rule 48(a)’s “leave of court” requirement applies exclusively to the latter category of motions to dismiss; where the dismissal accrues to the benefit of the defendant, judicial meddling is unwarranted and improper. In support, the Government relies on forty-year-old dicta in the sole U.S. Supreme Court case interpreting Rule 48(a), Rinaldi v. United States. There, the Court stated that the “leave of court” language was added to Rule 48(a) “without explanation,” but “apparently” this verbiage had as its “principal object . . . to protect a defendant against prosecutorial harassment.” But the Government’s position—and the U.S. Supreme Court language upon which it is based—is simply wrong. In fact, the “principal object” of Rule 48(a)’s “leave of court” requirement was not to protect the interests of individual defendants, but rather to guard against dubious dismissals of criminal cases that would benefit powerful and well-connected defendants. In other words, it was drafted and enacted precisely to deal with the situation that has arisen in United States v. Flynn: its purpose was to empower the Judiciary to limit dismissal in cases where the district court suspects that some impropriety prompted the Executive’s decision to abandon a case. To be clear, there may be good reason for the district court to grant the Government’s motion to dismiss in United States v. Flynn. But the fiction that Rule 48(a) exists solely, or even chiefly, to protect defendants against prosecutorial mischief should be abandoned. This brief Essay recounts Rule 48’s forgotten history.

Holding a mock trial in teaching foreign language professional communication to law students

The article focuses on the steps of holding a mock trial in teaching English to law students and the importance of a simulated court for professionally oriented language teaching. The paper details different types of tasks in terms of court language and etiquette that can be used while preparing for a mock trial.

Trial: a Special Type of Technology vs Play Imitation

The article deals with the issue of the technique of the communicative action in an adversary trial, where the communicative action is represented within the interactive play recognized by both parties, in which abuse is unacceptable. At any stage of the controversy and the conflict regarding statements and arguments of a court language game, participants verify their statements and arguments with material and symbolic means capable of assisting them, while at the same time attempting to deny their opponents, breaking the links between their opposing statements and their own means. The basis of adversary proceedings is the system of language conventions between participants of language communication, and judicial knowledge is transformed into «narrative» one. Analyzing the «agonistic» adversary nature of the judicial procedure, the author notes that the latter, like the game, is built on an artificial basis, according to specially created rules, and conceals a real social conflict by conditional legal «quasi-conflict». On the other hand, it is proved that the nature of the adversary trial is dual; it is characterized not only by the element of play, but also by a less powerful utilitarian component. The adversary nature of justice does not turn a judge into a passive witness of a debate between parties of a court trial, does not relieve him of his responsibility to comply with the matter of fact, to choose an adequate rule and to make a fair decision. Otherwise, justice is invariably transformed into a «dead play ritual»; abuse of the play itself — a solid imitation, a theater, an ideological liturgy, or vice versa, deliberate creating of barriers to transfer of the conflict to the territory of law. Taking into account the philosophical and legal conception of the judicial procedure as a civilized form and a specific type of legal communication of the participants of the trial, the author emphasizes that excessive language game between the participants of the trial is dangerous, since it deprives the justice of the permanent and the sacred — to establish the truth in the trial. In addition, it is paid attention to the fact that a full-fledged play can expand in a free area limited by a symbolic framework, where rules, not surrogates, operate and they are recognized and enforced by both parties.

Requirements upon Agreements in Favour of the NCC and the German Chambers – Clashing with the Brussels Ibis Regulation?

Requirements upon Agreements in Favour of the NCC and the German Chambers – Clashing with the Brussels Ibis Regulation? In recent years, the Netherlands and Germany have added themselves to the ever-growing number of countries opting for the creation of an international commercial court. The Netherlands Commercial Court (NCC) and the German Chambers for International Commercial Disputes (Kammern für internationale Handelssachen, KfiH) will conduct proceedings entirely in English and follow their own, diverging rules of civil procedure. Aspiring to become the future venues of choice in international commercial disputes, the NCC law and the legislative proposal for the establishment of the KfiH allow parties to agree on their jurisdiction and entail detailed provisions regulating such agreements. In particular, the NCC requires the parties’ express and in writing agreement to litigate before it. In a similar vein, the KfiH legislative proposal requires in some instances an express and in writing agreement. Although such strict formal requirements are justified by the need to safeguard the procedural rights of weaker parties such as small enterprises and protect them from the peculiarities of the NCC and the KfiH, this article questions their compliance with the requirements upon choice of court agreements under Article 25 (1) Brussels Ibis Regulation. By qualifying agreements in favour of the NCC and the KfiH first as functional jurisdiction agreements and then as procedural or court language agreements this article concludes that the formal requirements set by the NCC law and the KfiH proposal undermine the effectiveness of the Brussels Ibis Regulation, complicate the establishment of these courts’ jurisdiction and may thus threaten their attractiveness as future litigation destinations.

THE PROBLEM OF COURT LANGUAGE PRECISION AS A QUALITY CRITERION OF THE JUDICIAL ACT

THE PROBLEM OF COURT LANGUAGE PRECISION AS A QUALITY CRITERION OF THE JUDICIAL ACT

Communication and cross-examination in court for children and adults with intellectual disabilities: A systematic review

Courts in England, Wales and Northern Ireland have identified children and adults with intellectual disabilities (ID) as vulnerable witnesses. The call from the English Court of Appeal is for advocates to adjust questioning during cross-examination according to individual needs. This review systematically examined previous empirical studies with the aim of delineating the particular communication needs of children and adults with ID during cross-examination. Studies utilising experimental methodology similar to examination/cross-examination processes, or which assessed the communication of actual cross-examinations in court were included. A range of communication challenges were highlighted, including: suggestibility to leading questions and negative feedback; acquiescence; accuracy; memory and understanding of court language. In addition, a number of influencing factors were identified, including: age; IQ level; question styles used. This review highlights the need for further research using cross-examination methodology and live practice, that take into consideration the impact on communication of the unique environment and situation of the cross-examination process.

Arabic Manuscripts from Buton, Southeast Sulawesi, and the Literary Activities of Sultan Muḥammad ʿAydarūs (1824–1851)

AbstractThis article examines the Arabic manuscripts of Buton Island, Southeast Sulawesi, Indonesia, focussing on the Abdul Mulku Zahari collection. In particular, it studies manuscripts of texts composed by the ruler of Buton, Sultan Muḥammad ʿAydarūs (r. 1824–1851) who wrote a large number of Sufi works in both Arabic and Wolio, the literary language of the Butonese court. The manuscripts attest not only the religious and intellectual culture of the court, but also Buton’s connections with the wider Islamic world including the Hijaz and its reformist Sufi movements. The article also situates Muḥammad ʿAydarūs’s Arabic works in the broader context of Butonese history and textual production.