Comparative Legilinguistics https://pressto.amu.edu.pl/index.php/cl <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/www.pressto.amu.edu.pl">www.pressto.amu.edu.pl</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="https://pressto.amu.edu.pl/index.php/cl/index">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="https://creativecommons.org/licenses/by/4.0/" 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="https://creativecommons.org/licenses/by/4.0/"><img id="licensebutton" src="https://i.creativecommons.org/l/by/4.0/88x31.png" 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. Niepodległości 4, 61-874 Poznań, represented by its editor in chief <em>Aleksandra Matulewska</em>.</p> <p align="center"><strong>§1. 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="https://creativecommons.org/licenses/by/4.0/" 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. For purposes of this paragraph, making a copy of the Article accessible over the Internet, including, but not limited to, posting the Article to a database accessible over the Internet, does not constitute prior publication so long as the as such copy indicates that the Article is not in final form, such as by designating such copy to be a “draft,” a “working paper,” or “work-in-progress”. The Author agrees to hold harmless the Publisher, its licensees and distributees, from any claim, action, or proceeding alleging facts that constitute a breach of any warranty enumerated in this paragraph.</p> <p align="center"><strong>§4. TERM</strong></p> <p>a)&nbsp;&nbsp;&nbsp;&nbsp; The agreement&nbsp;was concluded for&nbsp;an unspecified time.</p> <p align="center"><strong>§5. 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> CAN CORPUS CONSULTATION COMPENSATE FOR LACK OF KNOWLEDGE IN LEGAL TRANSLATION TRAINING? https://pressto.amu.edu.pl/index.php/cl/article/view/23653 <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> Patrizia Giampieri Copyright (c) 2021 Patrizia Giampieri http://creativecommons.org/licenses/by/4.0 2021-06-02 2021-06-02 46 5 35 10.2478/cl-2021-0006 ARABIC LEGAL PHRASEOLOGY IN POSITIVE LAW AND JURISPRUDENCE: THE HISTORICAL INFLUENCE OF TRANSLATION https://pressto.amu.edu.pl/index.php/cl/article/view/26344 <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> Sonia HALIMI Copyright (c) 2021 Sonia HALIMI http://creativecommons.org/licenses/by/4.0 2021-06-16 2021-06-16 46 37 64 10.2478/cl-2021-0007 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 https://pressto.amu.edu.pl/index.php/cl/article/view/24395 <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> Agata de Laforcade Copyright (c) 2021 Agata de Laforcade http://creativecommons.org/licenses/by/4.0 2021-06-16 2021-06-16 46 65 89 10.2478/cl-2021-0008 SPECYFIKA LINGWO- I PRAWNOKULTUROWA W WYBRANYCH SZWAJCARSKICH AKTACH KONSTYTUCYJNYCH Z UWZGLĘDNIENIEM PERSPEKTYWY TRANSLACYJNEJ https://pressto.amu.edu.pl/index.php/cl/article/view/24930 <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> Łukasz Iluk Copyright (c) 2021 Łukasz Iluk http://creativecommons.org/licenses/by/4.0 2021-06-16 2021-06-16 46 91 109 10.2478/cl-2021-0009