Comparative Legilinguistics <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, ICI Journals Master List (Index Copernicus Value za 2020 = 100.00 pkt)</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> Adam Mickiewicz University, Poznań, Poland en-US Comparative Legilinguistics 2080-5926 <p align="left">When submitting a paper the author agrees to the following publishing agreement and processing personal data.</p> <p align="center"><strong>PUBLICATION AGREEMENT, COPYRIGHT LICENSE, PERSONAL DATA PROCESSING CONSENT</strong></p> <p>This is a publication agreement and copyright license (“Agreement”) regarding a written manuscript currently submitted via Pressto platform</p> <p>&nbsp;(“Article”) to be published in <em>Comparative Legilinguistics International Journal for Legal Communication </em>(“Journal”).</p> <p>The parties to this Agreement are:</p> <p align="left">the Author or Authors of the submitted article (individually, or if more than one author, collectively, “Author”) and <em>Comparative Legilinguistics International Journal for Legal Communication</em> (“Publisher”), address al. 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LICENSE OF COPYRIGHT</strong></p> <p>a)&nbsp;&nbsp;&nbsp;&nbsp; The Author and the Publisher agree that the Author grants a Creative Commons Attribution 4.0 International License, which is incorporated herein by reference and is further specified at <a class="enhancr_card_2499183924" href="" target="_blank" rel="noopener noreferrer">Creative Commons — Attribution 4.0 International — CC BY 4.0</a> copyright license in the Article to the general public.</p> <p>b)&nbsp;&nbsp;&nbsp;&nbsp; The Author grants to the Publisher a royalty-free, worldwide nonexclusive license to publish, reproduce, display, distribute, translate and use the Article in any form, either separately or as part of a collective work, including but not limited to a nonexclusive license to publish the Article in an issue of the Journal, copy and distribute individual reprints of the Article, authorize reproduction of the entire Article in another publication, and authorize reproduction and distribution of the Article or an abstract thereof by means of computerized retrieval systems (such as Westlaw, Lexis and SSRN). The Author retains ownership of all rights under copyright in the Article, and all rights not expressly granted in this Agreement.</p> <p>c)&nbsp;&nbsp;&nbsp;&nbsp; The Author grants to the Publisher the power to assign, sublicense or otherwise transfer any and all licenses expressly granted to the Publisher under this Agreement.</p> <p>d)&nbsp;&nbsp;&nbsp;&nbsp; Republication. The Author agrees to require that the Publisher be given credit as the original publisher in any republication of the Article authorized by the Author. If the Publisher authorizes any other party to republish the Article under the terms of paragraphs 1c and 1 of this Agreement, the Publisher shall require such party to ensure that the Author is credited as the Author.</p> <p align="center"><strong>§2. EDITING OF THE ARTICLE</strong></p> <p>a)&nbsp;&nbsp;&nbsp;&nbsp; The Author agrees that the Publisher may edit the Article as suitable for publication in the Journal. To the extent that the Publisher’s edits amount to copyrightable works of authorship, the Publisher hereby assigns all right, title, and interest in such edits to the Author.</p> <p align="center"><strong>§3.&nbsp; WARRANTIES</strong></p> <p>a)&nbsp;&nbsp;&nbsp;&nbsp; The Author represents and warrants that to the best of the Author’s knowledge the Article does not defame any person, does not invade the privacy of any person, and does not in any other manner infringe upon the rights of any person. The Author agrees to indemnify and hold harmless the Publisher against all such claims.</p> <p>b)&nbsp;&nbsp;&nbsp;&nbsp; The Author represents and warrants that the Author has full power and authority to enter into this Agreement and to grant the licenses granted in this Agreement.</p> <p>c)&nbsp;&nbsp;&nbsp;&nbsp; The Author represents and warrants that the Article furnished to the Publisher has not been published previously. 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PAYMENT</strong></p> <p>a)&nbsp;&nbsp;&nbsp;&nbsp; The Author agrees and acknowledges that the Author will receive <strong>no payment</strong> from the Publisher for use of the Article or the licenses granted in this Agreement.</p> <p>b)&nbsp;&nbsp;&nbsp;&nbsp; The Publisher agrees and acknowledges that the Publisher will not receive any payment from the Author for publication by the Publisher.</p> <p align="center"><strong>§6. ENTIRE AGREEMENT</strong></p> <p>a)&nbsp;&nbsp;&nbsp;&nbsp; This Agreement supersedes any and all other agreements, either oral or in writing, between the Author and the Publisher with respect to the subject of this Agreement. This Agreement contains all of the warranties and agreements between the parties with respect to the Article, and each party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those warranties and agreements embodied in this Agreement.</p> <p>b)&nbsp;&nbsp;&nbsp;&nbsp; In all cases not regulated by this Agreement, legal provisions of Polish Copyright Act and Polish Civil Code shall&nbsp;apply.&nbsp;</p> <p>c)&nbsp;&nbsp;&nbsp;&nbsp; Any disputes arising&nbsp;from&nbsp;the enforcement of obligations connected with this Agreement shall be resolved by a court competent for the headquarters of the Publisher.</p> <p>d)&nbsp;&nbsp;&nbsp;&nbsp; Any&nbsp;amendments&nbsp;or additions to the&nbsp;Agreement&nbsp;must be made in writing and signed by authorised representative of both parties, otherwise being ineffective.&nbsp;</p> <p>e)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This Agreement&nbsp;is signed electronically and the submission of the article via the PRESSto platform is considered as the conclusion of the Agreement by the Author and the Publisher.</p> <p>f)&nbsp;&nbsp;&nbsp;&nbsp; Clause for consent to the processing of personal data - general</p> <p>g)&nbsp;&nbsp;&nbsp;&nbsp; The Author shall give his or her consent to the processing of their personal data in accordance with the Act of 10 May 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of persons physical in connection with the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation) for the purpose and in connection with making publications available on the PRESSto scientific journals platform and DeGruyter platform, guaranteeing the security of services rendered, and improving them.</p> <p align="center"><strong>I HAVE READ AND AGREE FULLY WITH THE TERMS OF THIS AGREEMENT.</strong></p> <p align="center"><strong>The Author &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The Publisher</strong></p> <p>&nbsp;</p> LAW AND LEGAL LINGUISTICS IN A CONSTANT STATE OF TRANSITION <p>Legal linguistics or jurilinguistics as it has been called recently, is a relatively new field of research. The first research into the field started with analysing the content of laws (the epistemic stage). Later on, lawyers started being interested in manners of communicating laws (the heuristic stage). This Special Issue of Comparative Legilinguistics contains two texts devoted to the development of legal linguistics, legal languages and legal translation and two papers on an institutional stratification of legal linguistics. It is a continuation of research published in the same journal (Special Issue no. 45 titled “The Evil Twins and Their Silent Otherness in Law and Legal Translation”) providing some insights into the problems of communication in legal settings.</p> Anne WAGNER Aleksandra MATULEWSKA Copyright (c) 2021 Anne WAGNER, Aleksandra MATULEWSKA 2021-11-05 2021-11-05 47 7 16 10.2478/cl-2021-0010 CONCEPTUAL ORIGINS OF LEGAL LINGUISTICS <p>This essay is a survey of methods applied and topics scrutinized in legal-linguistic studies. It starts with the elucidation of the epistemic interest that led to the emergence and to the subsequent expansion of the mainstream legal-linguistic knowledge that we dispose of today. Thus, the essay focuses upon the development of problem awareness in the emerging legal-linguistic studies as well as upon the results of research that might be perceived as the state of the art in the mainstream legal linguistics. Meanwhile, some methodologically innovative tilts and twists that enrich and inspire contemporary legal linguistics are considered as well. Essentially, this essay traces the conceptual landscape in which the paradigms of legal-linguistic studies came about. This conceptual landscape extends from the research into the isolated words of law and the style used by jurists to the scrutiny of legal texts and legal discourses in all their socio-linguistic complexity. Within this broad frame of reference, many achievements in legal-linguistic studies are mentioned in order to sketch the consequences of processes in which legal-linguistic paradigms take shape. The author concludes upon a vision of legal linguistics called pragmatic legal linguistics as the newest stage in the intellectual enterprise that aims to pierce the language of the law and by so doing to understand law better.</p> Marcus GALDIA Copyright (c) 2021 Marcus GALDIA 2021-11-05 2021-11-05 47 17 56 10.2478/cl-2021-0011 DIRECTION-ASYMMETRIC EQUIVALENCE IN LEGAL TRANSLATION <p>The concept of equivalence, despite the criticism it has received in the past decades, remains a useful framework for the study of correspondence between legal terms. In the present article, I address the question of direction-asymmetric equivalence in legal translation, i.e. equivalence that does not obey the “one-to-one” principle, and which usually implies that the translator’s decision-making is more difficult in one direction than in the other. This asymmetry may be triggered by intrinsic semantic characteristics of legal terms (synonymy and polysemy), by differences between legal systems (system-specific terms, the procedures used for their translation and their handling in lexicographic sources, competing legal systems, tension between cultural boundedness and neutrality), or by social factors (L1 vs. L2 translation). The instances of directional asymmetry discussed are illustrated with examples from French and Czech.</p> Tomáš DUBĚDA Copyright (c) 2021 Tomáš DUBĚDA 2021-11-05 2021-11-05 47 57 72 10.2478/cl-2021-0012 A COMPARATIVE STUDY OF THE RHETORICAL FUNCTIONS AND FEATURES OF PERSONAL PRONOUNS IN ENGLISH AND CHINESE LEGAL NEWS <p>This paper mainly discusses the distribution and rhetorical functions of personal pronouns in English and Chinese legal news reports. Through the comparative analysis of some English and Chinese legal news texts, this paper finds the following points: English and Chinese legal news generally have two narrative types: objective narrative and semi-dialogic narrative. The differences in narrative type directly affect the distribution of personal pronouns. In objective narrative, the use of third person pronouns accounts for an absolute proportion, and the frequency of using first person and second person pronouns is close to zero. In semi-dialogic narrative, the use of third person pronouns is still the highest, but only slightly higher than the use of first person and second person pronouns, accounting for only a small number. After analysis, this paper holds that there are three reasons for the uneven distribution: first, the differences between the dialogic style and the narrative style; second, the legal narrative being a story narrative; third, the specific restrictions on the use of legal rhetoric.</p> Qing ZHANG Copyright (c) 2021 Qing ZHANG 2021-11-09 2021-11-09 47 73 103 10.2478/cl-2021-0013 AN ANALYSIS OF THE “RIGHT OF TERMINATION”, “RIGHT OF CANCELLATION” AND “RIGHT OF WITHDRAWAL” IN OFF-PREMISES AND DISTANCE CONTRACTS ACCORDING TO EU DIRECTIVES <p class="abstrakt"><span lang="EN-GB">Several are the European Directives dedicated to e-commerce, focussing on consumer rights, the distance marketing of consumer financial services and the protection of consumers in distance contracts. In contract law, the terms “termination”, “withdrawal” and “cancellation” have peculiar and distinct meaning. Nonetheless, they tend to be misused and applied interchangeably. This article will shed light on these relevant terms in the light of EU Directives on the protection of consumer rights in off-premises and distance contracts. To do so, it will first present instances in which the meaning and use of these terms is either clear-cut or somehow blurred. By analysing word usage and meaning in context, it will explore how EU Directives, and EU drafters in general, made (un)ambiguous distinctions. Then, it will investigate whether English-speaking drafters (such as those of the pre-Brexit UK, Ireland and Malta) made a consistent use of such terms. Finally, this paper will explore whether online conditions of sale written in English by non-English speaking sellers or traders (such as Italian and Polish) also make a consistent use of the terms. The paper findings highlight that the use and legal purpose of these terms in European Directives have not been particularly consistent over the years. Furthermore, Member States’ system-specificity has weighed on the meaning, application and scope of the terms. On the other hand, at EU level the absence of a unique legal system of reference and the challenges of harmonization may have created false equivalences.</span></p> Patrizia GIAMPIERI Copyright (c) 2021 Patrizia GIAMPIERI 2021-11-05 2021-11-05 47 105 133 10.2478/cl-2021-0014