{"title":"Observing Eurolects: Corpus analysis of linguistic variation in EU law","authors":"H. Mattila","doi":"10.14746/cl.2019.38.4","DOIUrl":"https://doi.org/10.14746/cl.2019.38.4","url":null,"abstract":"Europe has always been multilingual, and linguistic zones have not necessarily followed borders between realms. In the course of historical development, this situation has given rise to the problem of the official status of the languages spoken within state boundaries, and that of their translation for official purposes. One of the best examples, relatively close to our time, is the Habsburg Monarchy, known in the final stage","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"38 1","pages":"83 - 94"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49569792","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"On Judge’s Trial Discourse in Chinese Courtroom from Goal-Driven Perspective","authors":"Qing Zhang","doi":"10.14746/cl.2019.38.3","DOIUrl":"https://doi.org/10.14746/cl.2019.38.3","url":null,"abstract":"Abstract Any action has a certain goal, and the judge’s trial discourse is a system of goal with structure and level. Judges usually adopt some discourse strategies to achieve the goal of trial. Based on the court trial corpus collected by us, we find that judges often adopt purposeful discourse strategies to achieve the trial goal and discourse goal, such as question-and-answer strategy, power control strategy, presupposition strategy, repetition strategy and interruption strategy. Strategies actually refer to the means by which to achieve the goal of discourse. Because words are used to express and achieve the goal, the choice of means or strategies depends on the choice of the goal. From this perspective, we can see the relationship between strategy and goal. In a sense, strategy is rhetoric. The purpose of this paper is to study the discourse strategies adopted by judges in Chinese courts from the perspective of the goal principle.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"38 1","pages":"65 - 82"},"PeriodicalIF":0.0,"publicationDate":"2019-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47039688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comparative Analysis of Translations Prepared by Students with and Without Legal Qualifications","authors":"Márta Lesznyák, Dorka Balogh","doi":"10.14746/cl.2019.37.3","DOIUrl":"https://doi.org/10.14746/cl.2019.37.3","url":null,"abstract":"Abstract In our paper, we present the results of the second phase of a study conducted in collaboration between two higher education institutions in Hungary with different types of translator training: a postgraduate (MA) course at the University of Szeged (SZTE), Faculty of Arts, and a postgraduate specialist training course at Pázmány Péter Catholic University, Budapest (PPKE JÁK), Faculty of Law and Political Sciences. At SZTE, students do not have any legal qualifications, while at PPKE JÁK, students are all qualified legal professionals. Our main research question was whether there are significant differences in the quality of legal translations carried out by students with and without legal qualifications. We analyzed and evaluated the global (holistic) quality of the translations using a five-point scale as suggested by Kiraly (1995: 83), and compared types of errors made by the two groups of students with the help of a special error typology. Our results show that students with legal qualifications perform better in terms of both global and analytic indicators, with significantly less errors made in information transfer and in legal register.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"37 1","pages":"115 - 85"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47341553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Machine Translation in the Field of Law: A Study of the Translation of Italian Legal Texts into German","authors":"Eva Berta Maria Wiesmann","doi":"10.14746/cl.2019.37.4","DOIUrl":"https://doi.org/10.14746/cl.2019.37.4","url":null,"abstract":"Abstract With the advent of the neural paradigm, machine translation has made another leap in quality. As a result, its use by trainee translators has increased considerably, which cannot be disregarded in translation pedagogy. However, since legal texts have features that pose major challenges to machine translation, the question arises as to what extent machine translation is now capable of translating legal texts or at least certain types of legal text into another legal language well enough so that the post-editing effort is limited, and, consequently, whether a targeted use in translation pedagogy can be considered. In order to answer this question, DeepL Translator, a machine translation system, and MateCat, a CAT system that integrates machine translation, were tested. The test, undertaken at different times and without specific translation memories, provided for the translation of several legal texts of different types utilising both systems, and was followed by systematisation of errors and evaluation of translation results. The evaluation was carried out according to the following criteria: 1) comprehensibility and meaningfulness of the target text; and 2) correspondence between source and target text in consideration of the specific translation situation. Overall, the results are considered insufficient to give post-editing of machine-translated legal texts a bigger place in translation pedagogy. As the evaluation of the correspondence between source and target text was fundamentally worse than with regard to the meaningfulness of the target text, translation pedagogy should respond by raising awareness about differences between machine translation output and human translation in this field, and by improving translation approach and strengthening legal expertise.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"37 1","pages":"117 - 153"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46835513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Interpreting in Criminal Cases in Japan: Past, Present, and Future Prospects","authors":"M. Mizuno","doi":"10.14746/cl.2018.36.2","DOIUrl":"https://doi.org/10.14746/cl.2018.36.2","url":null,"abstract":"Abstract In the extant literature in Japan, the description of criminal cases involving foreigners goes back to around the fifth century; however, detailed depictions of language problems requiring legal interpreters started to appear in the Edo period (1603–1868). The cases of an Italian missionary who entered Japan illegally in 1709 and the robbery of Ainu graves by British consular officers in 1865 presented communication difficulties between the interrogator and accused in criminal procedures. This is common even today. This paper introduces the history of legal interpreting with reference to high profile cases, and reviews changes in communication issues in criminal proceedings involving non-Japanese speaking defendants in modern Japan. It also presents prospects regarding the shift in attitude among legal practitioners toward legal interpreting against the backdrop of recent judicial reforms including the introduction of a lay judge system and visualisation of the investigation process.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"36 1","pages":"25 - 46"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49423413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Universal and Particular Features of Legal Language in Heikki E.S. Mattila’s Conception of Comparative Legal Linguistics","authors":"Marcus Galdia","doi":"10.14746/cl.2018.36.4","DOIUrl":"https://doi.org/10.14746/cl.2018.36.4","url":null,"abstract":"","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"36 1","pages":"65 - 70"},"PeriodicalIF":0.0,"publicationDate":"2018-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43704326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Polish and German Industry Guidelines in the Scope of Preparation of Certified Translations in a Contrastive Approach ‒ Practical Implications for Drawing Certified Translations of Polish and German Court Judgments","authors":"Justyna Sekuła","doi":"10.14746/CL.2018.35.3","DOIUrl":"https://doi.org/10.14746/CL.2018.35.3","url":null,"abstract":"Abstract In the paper, the author undertakes a contrasting comparison of Polish industry guidelines for the preparation of certified translations contained in the Sworn translator’s code with the following German guidelines: Richtlinien und Hinweise für die Anfertigung von Urkunden-übersetzungen and Empfehlungen für die Anfertigung bestätigter/ beglaubigter Übersetzungen. Next, the results of the above comparison are referred to the certified translation of Polish and German court judgments.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"35 1","pages":"59 - 87"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49656130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Prepositions in EU and Domestic Judgments – A Corpus Analysis of the Distribution and Functions of Simple, Complex and Secondary Prepositions","authors":"Dariusz Koźbiał","doi":"10.14746/CL.2018.35.4","DOIUrl":"https://doi.org/10.14746/CL.2018.35.4","url":null,"abstract":"Abstract The article aims to examine the distribution of simple, complex and secondary prepositions in EU judgments (based on a corpus of judgments of the Court of Justice and the General Court) and domestic judgments (based on a corpus of judgments of the Polish Supreme Court) against general Polish (based on a balanced version of the Polish National Corpus), and to analyze the functions of complex and secondary prepositions. The results confirmed the hypothesis that the high distribution of prepositions in judgments against a representative sample of general Polish is a generic feature of judgments. In addition, it was established that the phraseological profile of EU judgments differs from the profile of national judgments in terms of the distribution of prepositions and their specific functions. This may be the result of the impact of the translation process on target language texts and the scope of jurisdiction of the EU courts and the national court, both of which affect the subject matter of judgments.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"35 1","pages":"119 - 89"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42280015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Translation of Names of Polish Higher Schools and the Rule of Diligent Preparation of Translations and Faithfulness of a Sworn Translation","authors":"Magdalena Łomzik","doi":"10.14746/cl.2018.35.2","DOIUrl":"https://doi.org/10.14746/cl.2018.35.2","url":null,"abstract":"Abstract Statutory obligation of a sworn translator to exercise special diligence obliges him to perform a diligent and faithful translation, including the names of institutions. In the process of translating names of Polish colleges, a translator may use German equivalents, which have been made available in a publicly available German database ANABIN, which contains information that make it easier for offices and schools to decide in terms of recognizing educational qualifications. However, translation and thus, choice of wording is the responsibility of the translator exclusively. He must therefore approach the suggested equivalents critically; thereby, he may not automatically accept propositions without having verified them prior. The article undertakes to establish which of the proposed equivalents of names of Polish colleges violate the rule of diligent preparation of translations and faithfulness of a sworn translation as well as the consequences of incorrect translations of university names.","PeriodicalId":32698,"journal":{"name":"Comparative Legilinguistics","volume":"35 1","pages":"39 - 57"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48296028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}