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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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> Preface Anne Wagner Aleksandra Matulewska Copyright (c) 2021 Paula Trzaskawka 2021-02-15 2021-02-15 45 7 9 10.2478/cl-2021-0001 L’ABÎME DU SENS OU LE CHAUDRON DES SIGNES. SENS ET TERTIUM QUID : SHAKESPEARE TRADUCTEUR ? <p>Sum of atoms or molecules that are the signs that the author of a text organizes in speech, the text contains meaning, in latency. To activate it, reveal it must be interpreted, whether or not the purpose is to translate it. When it comes to translating, the difficulties presented by the translation of normative texts are due in large part to the notional burden, the degree of “juridical status” of the message conveyed by the text and the cultural singularity revealed by its mode of writing. While the substance of a text is of paramount importance in its interpretation, the manner in which it is written and presented – its form – is far from negligible. Each way of saying carries its own, and participates in the, meaning. The approach defined for the translation, sourcing (least-cultural) or targeting (most-cultural), guides the meaning. That is when the final interpretation of the two versions of the instrumental text by the courts fulfils the canonical function of law and language: to say the law by determining the meaning of all or part of a text. Until then, the signs generating the speech and its meaning nested in this place of uncertainty that is the <em>tertium quid</em>, where rest, like the ingredients that the Sisters of Destiny (Macbeth) stir in their cauldron, the signs of where meaning will come out, an uncertain and precarious truth deduced by the original interpreter of the instrumental text, the translator, transcribed into the target text. Would Shakespeare provide an answer to the existential questions posed by the translator, when the spectre (Hamlet) and the witches (Macbeth), enigmatic oracles, answer the protagonists' ontological questions about the meaning and direction of their lives? The bard indeed launches this injunction: <em>keep law and form and due proportion</em> in <em>Richard II</em> (3.4.43)! Will the translator follow him in each of these three directions?</p> Jean-Claude Gémar Copyright (c) 2021 Jean-Claude Gémar 2021-02-15 2021-02-15 45 11 38 10.2478/cl-2021-0002 TRANSLATION AS A CATALYST IN THE DEVELOPMENT OF MODERN CHINESE LEGAL LANGUAGE <p>This paper focuses translation of legal language and the development of modern Chinese legal language as a translated legal language. It first describes the historical contexts in which China underwent enormous and unprecedented social and political changes including changes to law in the late 1800s and early 1900s. It then discusses how translation played an important catalyst role in introducing Western law, legal practices, legal concepts and terminology in the emerging modern Chinese legal language as we know it today, and in the process, lent a helping hand in negotiating China’s transition to modernity through translation and creating a new legal language and legal system. It also considers the issues in translingual and cross-cultural communication and understanding translated Chinese legal language.</p> <p>&nbsp;</p> Deborah Cao Copyright (c) 2021 Deborah Cao 2021-02-15 2021-02-15 45 39 60 10.2478/cl-2021-0003 ON THE FORMS AND THORNS OF LINGUISTIC INDETERMINACY IN CHINESE LAW <p>This study addresses the different types and implications of linguistic indeterminacy in Chinese law. It firstly draws on the studies of scholars of different disciplines, such as linguistics and philosophy of language, to provide a taxonomy of indeterminacy in language. It then provides examples of each type, highlighting the implications in law and legal interpretation. It uses linguistic data from various texts, such as statutory laws and judgements, and analyse them with various methods, including discourse analysis and corpus linguistics. This study argues that when the language of the law is indeterminate, the legal outcomes may be particularly uncertain. It suggests that although it is difficult to ascertain whether the degree of indeterminacy is higher in some languages more than in others, some linguistic mechanisms at the word-formation level in Chinese are remarkably ambiguous. When uncertain terms are in key parts of the law, the consequences may be more serious. The study of linguistic indeterminacy in Chinese has implications for the study of forensic linguistics, and Chinese studies in general.</p> Michele Mannoni Copyright (c) 2021 Michele Mannoni 2021-02-15 2021-02-15 45 61 92 10.2478/cl-2021-0004 RECONCEPTUALISING THE THIRD SPACE OF LEGAL TRANSLATION <p>This paper explores the concept of legal translation as a Third Space through the lens of the ‘multilingual’ Court of Justice of the European Union (ECJ). In many ways legal translation at that Court fits readily with the characterisation of translation as a Third Space. Due to complex internal production processes the ECJ produces texts which are undoubtedly hybrid in nature, and which exhibit distinctive features on a lexical and textual level marking them out as a product of cross-fertilisation of influences from source and target languages and legal cultures. Even the teleological approach taken towards legal reasoning at the ECJ occupies a space outside the strict confines of the texts involved. Both the processes and the product of the ECJ’s language system appear to bear all the hallmarks of translation as a Third Space. However, translation at the ECJ also challenges the concept of a Third Space. The prevailing definitions of translation as a Third Space fail to effectively conceptualise additional nuances of the specific nature of drafting and the complex nature of translation at the ECJ. This paper uses original empirical data to demonstrate that translation at the ECJ places constraints on the undefined, vague and fluid nature of the Third Space, warping the forces at work within that space. In this regard, rather than an amorphous space, the Third Space is better thought of as a determinate area which is delimited by elements of translation process which constrain it. This adapted framing of the Third Space can consequently be used to better understand and illustrate the dynamics at play in other areas of legal translation where the current concept of the Third Space is equally inadequate for encompassing the specific nature of translation practices which impact on that space-in-between.</p> Edward Clay Karen McAuliffe Copyright (c) 2021 Edward Clay, Karen McAuliffe 2021-02-15 2021-02-15 45 93 126 10.2478/cl-2021-0005