Comparative Legilinguistics 2021-06-16T21:45:30+00:00 Aleksandra Matulewska Open Journal Systems <p class="oczasopismie"><strong>INTRODUCTION:</strong></p> <p class="oczasopismie">Comparative Legilinguistics (International Journal for Legal Communication) is published four times a year by the Faculty of Modern Languages and Literatures, Adam Mickiewicz University, Poznań, Poland. We are pathfinders in mapping the contours of legal linguistics and legal translation especially in its comparative aspects. Comparative Legilinguistics is equally devoted to forensic linguistics, theory of the law and the intersection of legal language and legal translation. We welcome submissions in English, French and German. Guest edited volumes at the request of the guest editor may be published in Italian, Polish, Russian and Chinese. The reviews are stored in the journal’s editorial office. The articles are peer-reviewed by two reviewers (double-blind review) via our online submission platform <a title="PRESSto" href="/index.php/cl/manager/setup/"></a> with well-established expert reviewers from all over the world. The editors reserve the right to appoint a third reviewer in case of doubts. The editorial board reserves the right to publish selected articles without two reviews. We reserve a right to have one review in cases where the topic of the paper is very niche and it is not possible to find two competent reviewers.</p> <ul class="oczasopismie"> <li class="show"><a href="/index.php/cl/about">ABOUT THE JOURNAL</a></li> <li class="show"><a href="/index.php/cl/issue/current">CURRENT ISSUE</a></li> <li class="show"><a href="/index.php/cl/issue/archive">ARCHIVE</a></li> </ul> <div class="oczasopismie"><strong>INDEXED IN:</strong> <p>WorldCat; Google Scholar; Primo Central Index, ERIH Plus, DOAJ, Scopus</p> </div> <div class="oczasopismie"><strong>JOURNAL METRICS:</strong></div> <div class="oczasopismie"><strong> MNiSW (Polish Ministry of Science and Higher Education): 5 points</strong></div> <div class="oczasopismie"><strong>DOI:&nbsp;</strong><a href="">10.14746/cl</a></div> <div class="oczasopismie"><strong>ISSN:&nbsp;</strong>2080-5926&nbsp;<strong>ISSN (online):&nbsp;</strong>2391-4491</div> <div class="oczasopismie"><strong> <strong>ARTICLES ARE LICENSED UNDER A CREATIVE COMMONS:</strong></strong></div> <div class="oczasopismie"><strong><strong><a class="enhancr_card_2499183924" href="" target="_blank" rel="noopener noreferrer">Creative Commons — Attribution 4.0 International — CC BY 4.0</a></strong></strong></div> <div class="oczasopismie"><strong><strong><a href=""><img id="licensebutton" src="" alt="Creative Commons License"></a><br></strong></strong></div> CAN CORPUS CONSULTATION COMPENSATE FOR LACK OF KNOWLEDGE IN LEGAL TRANSLATION TRAINING? 2021-06-16T21:45:28+00:00 Patrizia Giampieri <p><span style="font-size: small;"><span lang="en-GB">It is generally assumed that a good knowledge of the legal field is&nbsp;a&nbsp;prerequisite to deliver legal translations. This paper will challenge this assumption by presenting a case study with third-year bachelor's students who participated in a translation project. The students, enrolled in a course in&nbsp;translation practice, were trained in corpus consultation at the beginning of&nbsp;the academic year. Nearly at the end, they translated an extract of a supply contract without being trained in the legal field. They consulted a pre-compiled offline corpus and online bilingual dictionaries. The paper findings highlight that knowledge of the legal field would have certainly helped the students make more informed decisions and avoid some mistranslations. However, the major shortcomings were actually due to ineffective corpus or dictionary consultation. In particular, formulaic expressions and collocations were neglected. In light of the paper findings, it can be speculated that in translation training, effective corpus consultation may help users deliver high-quality legal translations. It also seemed that thorough knowledge of the legal field is&nbsp;not a prerequisite, at least as far as short texts are concerned.</span></span></p> 2021-06-02T00:00:00+00:00 Copyright (c) 2021 Patrizia Giampieri ARABIC LEGAL PHRASEOLOGY IN POSITIVE LAW AND JURISPRUDENCE: THE HISTORICAL INFLUENCE OF TRANSLATION 2021-06-16T21:45:28+00:00 Sonia HALIMI <p>The present study examines Arabic legal phraseology formation from the standpoint of positive law and jurisprudence. It claims that phraseological constructions in Arabic legislative and statutory texts are largely influenced by the translation process of Roman law texts. However, scholarly literature still relies to some extent on formulae used in the Islamic jurisprudence. To illustrate this, three examples of legal principles anchored in Islamic jurisprundence, known as <em>legal maxims</em>, are discussed along with their corresponding expressions in positive law in modern-day Arabic. Ultimately, the purpose of this paper is twofold: firstly, to demonstrate that the phraseology present in many Arabic positive laws stems from a historical translation process that started in the beginning of the 20th century; secondly to emphasize the significance of textual genre awareness in legal translation. Concretely, the introductory section provides an overview of recent studies that have addressed legal phraseologisms. It is followed by a section on the historical role of translation in the construction of certain phraseologisms. The general legal principles of (a) burden of proof, (b) presumption of innocence, and (c) the pacta sunt servanda principle are then examined in order to shed light on the influence of both the Civilist tradition and Islamic jurisprudence on the use of legal Arabic today, as well as to demonstrate how the translation of phraseologisms is dependent on the parameters of genre. The analysis leads to the conclusion that proper use of phraseologisms, whether in drafting or translation, is closely linked to knowledge of phraseology formation and the historical influence of translation.</p> 2021-06-16T21:17:44+00:00 Copyright (c) 2021 Sonia HALIMI LES DIFFICULTES LINGUISTIQUES DANS L’HARMONISATION DES SYSTEMES JURIDIQUES DANS L’UNION EUROPEENE A TRAVERS L’EXAMPLE DES DIRECTIVES PORTANT SUR LES GARANTIES PROCEDURALES EN MATIERE PENALE 2021-06-16T21:45:29+00:00 Agata de Laforcade <p>Multilingual writing of European directives is faced with a few linguistic difficulties, like choosing an appropriate legal terms. All linguistic versions shall reflect the same content event though the legal system of each Member State is different and some legal concept do not have an equivalent in other legal systems. In this way, legal writing of European Directive is a very complex subject both from legal and linguistic perspective. The aim of this article is to discuss different linguistics difficulties that could appear during the harmonisation of criminal proceedings in European Union, where multilingualism is a key value and to analyse the possible solutions, when dealing with those difficulties. It seems that even if multilingualism is a big challenge to European Union, it could have a positive influence on the quality of European legislation.</p> 2021-06-16T21:29:39+00:00 Copyright (c) 2021 Agata de Laforcade SPECYFIKA LINGWO- I PRAWNOKULTUROWA W WYBRANYCH SZWAJCARSKICH AKTACH KONSTYTUCYJNYCH Z UWZGLĘDNIENIEM PERSPEKTYWY TRANSLACYJNEJ 2021-06-16T21:45:30+00:00 Łukasz Iluk <p class="abstrakty"><span lang="ES">The subject of the analysis is linguaculture expressing linguistic and cultural differences occurring in every language of law. They relate to vocabulary and editing principles of law acts. It seems that preserving such differences in the target translation makes it possible to reveal specific legislation trends of a given country, which express political motivation. Their preservation in the translated text requires good knowledge of law and in-depth comparative analysis. The focus of the analysis in this text is on the expression of gender in the law texts and specifically, on the translation of feminatives and legal names relevant for cultural dimension of a given law system.</span></p> 2021-06-16T21:19:41+00:00 Copyright (c) 2021 Łukasz Iluk