Comparative Legilinguistics
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The Treuhand and the Treuhanderschaft from the perspective of the specialised combined parallel-comparable corpus
Get PDFCorpora-based analysis has become one of the major methodologies used in linguistics. However, it has not been widely applied in legalese studies. The paper makes an attempt to discuss the usefulness of the specialized combined parallel-comparable corpus while dealing with the legal language. The effectiveness is presented on the example of the Treuhand and the Treuhänderschaft. The research is based on the comparative analysis as well as the corpus-based analysis of the terms related to the Treuhand and the Treuhänderschaft presented in two varieties of German: Standard German spoken in Germany and Liechtenstein’s German. The corpus-based analysis reveals the juridical-semantic differences and the problematics of the verbal realization of the concepts. These hinder a proper interpretation and complicate the process of translation. The major solution is found through the specification of meaning by renaming. This solution may acquire the greatest importance in today’s world, because the process of globalization widens the area of utilization of the Treuhand and the Treuhänderschaft and any obscurity or incomprehensibility can cause problems during cross-national linguistic and juridical activities
AI and the BoLC: Streamlining legal translation
Get PDFArtificial Intelligence (AI) applied in the legal field has gained considerable ground in the recent years and is used in many fields, amongst which the legal one is of no exception. This paper wishes to explore the quality of the translation (from English into Italian) of an arbitration clause performed by the ChatGPT chatbot. To do so, the automatically generated target text is post-edited by consulting the BoLC (Bononia Legal Corpus) and the web as corpus in the gov.it Italian governmental domain. General and legal dictionaries are also used. The paper findings report some inaccuracies at word level which are easily tackled by corpus consultation. In view of the results obtained, however, complete reliance upon AI-driven solutions is not recommendable at the time being. Conversely, the use of ad hoc corpora and of targeted web searches are the most feasible and reliable solutions, although time-consuming. L’Intelligenza Artificiale applicata in ambito giuridico ha guadagnato notevole terreno negli ultimi anni e viene utilizzata in molteplici ambiti, tra cui quello legale. Questo articolo intende esplorare la qualità della traduzione (dall\u27inglese all\u27italiano) di una clausola compromissoria eseguita dalla chatbot ChatGPT. A tale scopo, il testo tradotto automaticamente è post-editato consultando il BoLC (Bononia Legal Corpus) e il web come corpus nel dominio gov.it. Sono inoltre impiegati dizionari generali e giuridici. I risultati dell\u27analisi evidenziano alcune inesattezze a livello lessicale che sono facilmente corrette attraverso la consultazione del corpus. Alla luce dei risultati ottenuti, tuttavia, al momento non è consigliabile affidarsi completamente a soluzioni basate sull’intelligenza artificiale. Al contrario, l’uso di corpora ad hoc e di ricerche web mirate rappresentano le soluzioni più fattibili e affidabili, anche se richiedono tempo.
 
Court interpreters’ role in upholding the principle of language in legal proceedings: Kazakhstan case
Get PDFThe demographic shifts in Kazakhstan impact legal proceedings, with a growing number of participants who lack proficiency in the language of court proceedings. This highlights the importance of employing court interpreters. The purpose of the article was to reveal the importance of this specialist in the process of considering a case and providing citizens with the right to justice. The following methods were used in the study: analysis, synthesis, comparison, legal doctrinal, comparative, abstraction. As a result, a number of problems were revealed regarding the implementation of professional activities by a court translator in the Republic of Kazakhstan. The study conducted a comparative analysis of court interpreters in Kazakhstan and foreign jurisdictions, highlighting commonalities and differences in their legal status, authority, and qualifications. In addition, as a result of the study, statistical indicators were presented describing the number of cases considered by the courts of the Republic of Kazakhstan with the participation of foreign citizens. The study yielded recommendations for establishing a centralized database of court interpreters in Kazakhstan and refining candidate requirements, especially concerning education levels. These insights can inform the development of training programs and certification processes for translators in the country
Access to court interpreting as social inclusion for migrants in Australia: an analysis of courtroom examination questions and answers
Get PDFWith nearly half of its population born overseas, Australia is one of the most prominent societies built and shaped by migrants worldwide. In Australian courts, access to court interpreting is crucial for social inclusion. However, translating the language of law in court is never an easy job. Therefore, court interpreters serve as indispensable gatekeepers for procedural justice and linguistic equity. But how accurately did court interpreters reproduce lawyer questioning and defendant testimony in court? Drawing on triangulated survey and interpreting performance data, our initial findings suggest a mismatch between what the interpreters said they would do and what the interpreters actually did when translating the manner in which lawyers crafted their questions and defendant responded to their questions in court. Our contributions are three-fold: (1) increasing the linguistic ‘manner awareness’, (2) promoting interprofessional understanding, and (3) compassing future pedagogies in court interpreter education
From “aged care” to “smart elderly care”. A corpus-based jurilinguistics analysis in Chinese and English
Get PDFThe concept of “care” is complex and multifaceted, and it is evolving rapidly in our digitized societies. By comparing the contexts of occurrence of the term in English and Chinese, this research aims to shed light on its evolution and diverse interpretations across cultures and legal systems. The development of technology has led to a growing digital divide, which can be addressed through a human rights-based approach, a business-based approach, or a combination of both. In China, the term “smart elderly care” has emerged to address the growing demand for technology-driven care solutions, while in the English-speaking world, the term “aged care” has gained prominence. The European Union has invested in programs and strategies to promote the use of digital technologies in elder care, introducing new concepts such as “older persons in long-term care” and “Older Persons’ LTC”. A linguistic analysis of English and Chinese legal corpora has revealed the diachronic evolution of the term “care” from psychological care to technical gestures and attitudes involving digital technologies. In Chinese, the term “care” is expressed differently depending on the context, words used, and participants involved in the speech acts. This research underscores the importance of understanding the complexity of the term “care” and its diverse interpretations across cultures and legal systems. By bridging the gap between these different perspectives, we can develop more effective and inclusive approaches to elder care in an increasingly digitalized world
"Words matter": Judicial discourse on domestic violence in China
Get PDFThe discourse about domestic violence focuses on power and control by the abuser among the victim through different means, one of those is the language. Besides the domestic walls within the abuses are perpetrated, a more institutional and usually regulated language on family violence is traceable in the public discourse, specifically in the People’s Court judgments. In cases regarding family matters, especially divorce proceedings, Chinese judges do often use paternalistic and educational language towards the couple. The aim of this paper is to carry out a preliminary research and analysis on the judicial discourse about domestic violence in order to evaluate to what extent, how and whether these paternalistic and educational nuances emerge in the language and statements used by judges in those cases. This research will be carried out firstly by building a corpus of judgments on “domestic violence” issues, and then by comparing data and analysing the specific language used by the authority using digital tools
Challenges in the translation of legal texts: the case in Kosovo
Get PDFOur paper conducts a contrastive analysis between Albanian and English lexical units in the language of laws using corpora analysis. It fills a literature gap related to Corpus linguistics in order to better comprehend patterns of legal lexicon. We use KWIC Concordance to extract the top frequently words and concordance lines in order to analyse differences and similarities among lexical units in Albanian (Source Language) and English (Target Language) laws, compared to those identified in respective corpora. Additionally, we identify types of errors in translation, difficulties in translating legal texts, and factors that influence translators’ errors in translating certain laws of the Republic of Kosovo from Albanian into English. According to our analysis, both languages have in common the use of the same grammatical patterns such as: conjunctions, prepositions, and the use of the common noun forms. The rest have significant differences in their usage, especially with regards to particles and determiners. Our contrastive approach demonstrates that some of these laws were not originally written in Albanian and then translated into English language, as many articles within these laws lack the appropriate word structure and word order and in some cases are semantically ill-formed in the Source Language.
Profil naukowy i bibliografia dr hab. Łucji Biel, prof. ucz.
Get PDFThis article consists of two sections. The first outlines the research profile of Dr hab. Łucja Biel, Prof. ucz., a Polish linguist recognised nationwide and internationally who specializes in the analysis of legal varieties of Polish and English in the context of legal translation studies, corpus linguistics and translator training. The second part contains a detailed list of publications (co-)authored or co-edited by Łucja Biel and published between 2004 and 2022.Niniejszy artykuł składa się z dwóch części. Pierwsza z nich przedstawia w zarysie profil naukowy dr hab. Łucji Biel, prof. ucz., językoznawczyni o dorobku uznanym zarówno w Polsce, jak i za granicą, specjalizującej się w analizie prawnych odmian języka polskiego i angielskiego w kontekście badań nad przekładem prawnym i prawniczym, językoznawstwa korpusowego oraz kształcenia tłumaczy. Druga część artykułu zawiera szczegółowy spis publikacji, których prof. Biel jest (współ)autorką lub współredaktorką, wydanych między 2004 r. a 2022 r
Gender and Justice: the power to name
Get PDFWe propose a trilingual jurilinguistic analysis on the place of the feminine in the world of justice, which will be based on examples identified in French, Spanish and English. A diachronic and contrastive perspective will be favored, through two questions which will question the way of naming inequality by the names of functions which are declined in the feminine, on the one hand, and the names of offenses against women, on the other hand. other side. We will explore the importance of the name and the action of naming the legal reality, considered under several aspects (psychological, political, linguistic, legal, social) of our social organization, while observing that the feminine is present in legal language in different ways, each language employing and imagining its own solutions.Nous proposons une analyse jurilinguistique trilingue sur la place du féminin dans le monde de la justice, et qui s’appuiera sur des exemples identifiés en français, en espagnol et en anglais. Une perspective diachronique et contrastive sera privilégiée, à travers deux questionnements qui interrogeront la manière de nommer l’inégalité par des noms de fonctions qui se déclinent au féminin, d’un côté, et les noms d’infractions contre les femmes, de l’autre côté. Nous explorerons l’importance du nom et de l’action de nommer la réalité juridique, envisagées sous plusieurs aspects (psychologique, politique, linguistique, juridique, social) de notre organisation sociale, tout en observant que le féminin est présent dans le langage juridique de manières différentes, chaque langue employant et imaginant des solutions qui lui sont propres.Nous proposons une analyse jurilinguistique trilingue sur la place du féminin dans le monde de la justice, et qui s’appuiera sur des exemples identifiés en français, en espagnol et en anglais. Une perspective diachronique et contrastive sera privilégiée, à travers deux questionnements qui interrogeront la manière de nommer l’inégalité par des noms de fonctions qui se déclinent au féminin, d’un côté, et les noms d’infractions contre les femmes, de l’autre côté. Nous explorerons l’importance du nom et de l’action de nommer la réalité juridique, envisagées sous plusieurs aspects (psychologique, politique, linguistique, juridique, social) de notre organisation sociale, tout en observant que le féminin est présent dans le langage juridique de manières différentes, chaque langue employant et imaginant des solutions qui lui sont propres.We propose a trilingual jurilinguistic analysis on the place of the feminine in the world of justice, which will be based on examples identified in French, Spanish and English. A diachronic and contrastive perspective will be favored, through two questions which will question the way of naming inequality by the names of functions which are declined in the feminine, on the one hand, and the names of offenses against women, on the other hand. other side. We will explore the importance of the name and the action of naming the legal reality, considered under several aspects (psychological, political, linguistic, legal, social) of our social organization, while observing that the feminine is present in legal language in different ways, each language employing and imagining its own solutions
The translation of the Chinese Civil Code in a perspective of comparative law
Get PDFObserving the phenomenon of the translation of statutory texts in China, it is noteworthy that the source language was mainly German until after the plethoric legislation under Deng Xiaoping. Then the pendulum swung back. Chinese is now the source language and statutes are translated into English.What is for a Chinese Court the legal value of the translation of a legal text, for instance of a disposition of the Civil Code? A difference has to be made between an authentic translation, and an official or a private one. Only in the hypothesis that both language versions are authentic, the court will have the obligation to reconcile them in case of divergence between them.For a court having to apply a particular disposition of a statute in a pending case – or for an arbitrator, a legal counsel or a scholar – the practical value of a translation is that the interpretation by the translator himself of the text which has to be translated (even a non-authentic translation), can influence and facilitate their subsequent interpretations by others. If made timely, it could also help the legislator to draft a clearer final text. The same is true for the drafter of a treaty or of a commercial contract.The obvious negative aspect of a translation is that it can contain errors and can by consequence create confusion and misunderstanding by those who later on will have to apply the disposition. Some examples hereof can be found in the Chinese Civil Code.Two recommendations can in conclusion be made, one concerning the moment of the translation, and one concerning a desirable supervision by a comparative lawyer during the translation process