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</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>10.14746/cl</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. 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> A DISCOURSE ANALYSIS OF NEWS MEDIA ARTICLES ON THE POLISH ‘RULE OF LAW CRISIS’ <p>The article identifies the discursive characteristics of news media texts covering Poland’s ‘constitutional crisis’. Following the conception of discourse presented in Laclau and Mouffe (1985), i.e. as an articulatory practice that conveys meaning through a structured system of positions and differences, the article highlights some features of English-language news media texts (e.g. from the <em>Guardian, Telegraph, Economist</em>, <em>Financial Times</em>, <em>New York Times</em>, <em>Washington Post</em>) that can be described as typical. The following features are identified: a lecturing tone, the use of structural oppositions, immediate rebuttals, misrepresentation, appeals to expertise, and the sovereignty taboo. These features are diagnosed as contributing to the narrow discursive range covered by news articles. To broaden the considerations, the article presents three conflicting positions from Polish legal theory that address the issues of constitutional courts, the rule of law and national sovereignty: Ryszard Piotrowki’s legal constitutionalism, Paweł Bała and Adam Wielomski’s Schmitt-inspired position, and Adam Sulikowski’s reading of the constitutional courts as an instrument of hegemonic discourse. In the conclusion it is suggested that news media discourse would benefit from demonstrating a greater awareness of other discourses, and from developing a more generous, balanced approach to presenting and addressing their claims.</p> Stephen Dersley Copyright (c) 2020 Stephen Dersley 2020-12-09 2020-12-09 44 5 43 10.2478/cl-2020-0010 “DEAR EMMA…”. GENRE OVERLAPPING AND REGISTER VARIATION IN THE ENGLISH AND ITALIAN VERSION OF SERGIO MARCHIONNE’S LETTER TO CONFINDUSTRIA <p><strong>Abstract: </strong>The aim of this paper is to examine whether genre overlapping and register variation have implications on the translation outcome. To this end, the English and the Italian version of the letter sent by Sergio Marchionne to the President of Confindustria – Italy’s most important employers’ organisation – will be analysed. The decision to investigate Marchionne’s statement is based on the fact that this is a letter disseminated in the form of a press release, which also contains highly-technical terminology pertaining to Employment Relations (ER) discourse. Consequently, a number of issues might arise when deciding which strategy should be used in terms of genre analysis and register when translating specialised texts.</p> Pietro Manzella Copyright (c) 2020 Pietro Manzella 2020-12-09 2020-12-09 44 46 63 DEFINITION AS A GENRE IN THREE LEGAL SYSTEMS: A COMPARATIVE ANALYSIS <p>This paper aims at comparing the definition of ‘trademark’ in three different legal systems – EU law, international law and US common law – in order to identify the discoursal, generic and textual characteristics of definition as a genre. The selected corpus of analysis is made up of three definitions from EU Regulation 2017/1001, WTO Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS) and US Lanham Act (sec.45) and of several US cases from 1926 to 2019. The theoretical framework within which the analysis is carried out is the seminal work on definition as carried out by Richard Robinson (1954) and Harris and Hutton (2007). The approach is mainly linguistic, though a historical <em>excursus</em> on the concept of definition is provided as a necessary introductory premise. The findings support the theory that considers EU legal texts as a different genre (Robertson 2012) characterised by a hybrid style (Robertson 2010) further emphasised in the definitional sections here analysed where EU term formation and definition result text-driven (Šarčević 2016). EU legal texts in their English version originate from the dynamic combination of two aspects: one connected to EU legal English – which is not common law English – and one connected to matters of terminology, syntax and general structure which has a French origin.</p> Virginia Vecchiato Copyright (c) 2020 virginia vecchiato 2020-12-09 2020-12-09 44 65 92 10.2478/cl-2020-0012 PROTOTYPE THEORY IN THE JUDICIAL PRACTICE OF THE COURT OF JUSTICE OF THE EUROPEAN UNION. A CASE STUDY <p>Prototype theory is a semantic theory according to which the membership of conceptual categories is based not on a list of criterial features, but rather on the similarity to the most representative member of the category. Consequently, conceptual categories may lack classical definitions and rigid boundaries. This article supports the claims, already made by other scholars working in the field, that prototype theory may greatly augment our understanding of legal (i.e. statutory, judicial) interpretation. Legal provisions are traditionally written as classical definitions, but they are rarely applied that way. Statutory concepts tend to be interpreted with a great deal of flexibility, using a wide array of extra-textual factors. This is especially true for the case law of the Court of Justice of the European Union, which has to deal with the challenges of the multilingual, supranational law of the European Union.</p> Mateusz Zeifert Copyright (c) 2020 Mateusz Zeifert 2020-12-09 2020-12-09 44 93 119