Keywords
the language of law
modality
translation studies
How to Cite
Abstract
This study aims at examining how the manifestation forms of linguistic modality, which plays a rule-constitutive role in the content of legal documents, may be changed in the process of translation. Basing on the achievements of cognitive linguistics the author tries to find a solution for a proper translation of root and epistemic modals that would serve the same communicative function. In concluding remarks she notices that the role of linguists in solving the problems of the legal world is essential for checking the occurrence of ambiguity in the interpretation of translated texts.References
Coates, Jennifer. 1983. The Semantics of the Modal Auxiliaries. London & Canaberra: Croom Helm.
Florin, Sider 1993. “Realia in translation”. In: Palma Zlatewa (ed.) 1993. Translation as Social Action. London & New York: Routledge, p. 122–128.
Gutknecht, Christoph, Lutz J. Rölle. 1996. Translating by Factors. Albany, NY: State University of New York Press.
Kuczaj, A. Stan, Mary J. Daly. 1979. ”The development of hypothetical reference in the speech of young children”. Journal of Child Language 6, p. 563–579.
Langacker, Ronald W. 1993. Fundations of Cognitive Grammar. Descriptive Application. Volume II. Stanford: Stanford University Press.
Langacker, Ronald W. 2000 [1999]. Grammar and Conceptualization (Cognitive Linguistics Research 14. Edited by Réne Dirven, Ronald W. Langacker & John R. Taylor). Berlin & New. York: Mouton de Gruyter. Paperback [Hardcover].
Larreya, Paul. 2004. “Types of modality and types of modalisation”. Second International Conference on Modality in English. Pau 2–4 September 2004. In: http://www.univpau.fr/ANGLAIS/-modality/posters/larreya.pdf+root+modality&hl=pl&gl=pl&ct=clnk&cd=2&client=firefox-a. ED 07/2006.
Levi, J. Judith. 1986. “Applications of linguistics to the language of lrgal interactions”. In: Bjarkman, C. Peter, Victor Raskin (eds.) 1986. The Real-World Linguist. Nordwood, N.J.: Ablex Publishing, p. 230–265.
Lyons, John. 1977. Semantics. Cambridge: Cambridge University Press.
Maley, Yon. 1987. “The language of legislation”. Language in Society 16, p. 25–48.
Meredith, R. Clive. 1979. “Some notes on English legal translation”. Meta 24, p. 54–67.
Nehls, Dietrich. 1986. Semantic und Syntax des englischen Verbs. Die Modalverben. Eie kontrastive Analyse der Modalverben im Englischen und Deutchen. Volume 2. Heidelberg: Julius Groos.
Nord, Christiane. 1991 [1988]. Text Analysis in Translation. Theory, Methodology, and Didactic Application of a Model for Translation-Oriented Text Analysis. (Amsterdamer Publikationen zur Sprache und Literatur 94). Translated from the German by C. Nord e P. Sparrow. Amster-dam & Atlanta, GA: Rodopi. [Textanalyse und Übersetzen:Ttheoretische Grundlagen, Methode und didaktische Anwendung einer übersetzungsrelevanten Textanalyse. Heidelberg: Julius Groos].
Przyborowska-Klimczak, Anna, Ewa Skrzydło-Tefelska (eds.) 1999. Traktat o Unii Europejskiej. Traktat ustanawiający Wspólnotę Europejską w wersji Traktatu Amsterdamskiego [The Treaty on the European Union. The Treaty establishing the European Community in the version of the Amsterdam Treaty]. (Dokumenty europejskie. Tom III. [European documents. Volume 3]. Lublin: Wydawnictwo „Morpol”.
Quirk, Randolph 1987. A Comprehensive Grammar of the English Language. London: Longman.
Saeed, I. John 1998. Semantics. Malden, Massachusetts: Blackwell Publishers.
Shepherd, C. Susan 1981. Modals in Antiguan Creole, child language acquisition, and history. (Un-published PhD dissertation). Stanford University.
Sweetser, Eve 1994 [1990]. From Etymology to Pragmatics: Metaphorical and Cultural Aspects of Semantic Structure (Cambridge Studies in Linguistics 54). Reprint Cambridge, England, New York: Cambridge University Press.
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