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 Literature, 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.&nbsp;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>&nbsp;with well-established expert reviewers from all over the world.</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 Non-Commercial Share Alike 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> PREFACE Paula Trzaskawka Copyright (c) 2020 Paula Trzaskawka 2020-09-25 2020-09-25 43 5 5 THERAPEUTIC JURISPRUDENCE AND LINGUISTIC RIGHTS: BEYOND ACCESS TO CARE <p>Therapeutic jurisprudence is an interdisciplinary examination on the effect of the law on the mental and emotional health of those implicated in the judicial process. It concentrates primarily on the psychological impact of legal rules and procedures, as well as on the behaviour of legal players. TJ is a tool not often used in the promotion of linguistic rights. Endowed with a double mission, both normative and descriptive, TJ makes it possible to measure the impact of health incidences. In providing legal reformers with more precise tools to assess the health impacts of new linguistic rights standards TJ offers such a path of implementation of linguistic rights – not only from the formal point of view, but by keeping in mind their actual effectiveness - integrating law and languages in a way to mitigate their consequences on a population’s health.</p> Nicholas Léger-Riopel Copyright (c) 2020 Nicholas Léger-Riopel 2020-09-24 2020-09-24 43 7 15 10.2478/cl.2020.43.1 TESTING OUT TRANSLATION UNIVERSALS IN LEGAL TRANSLATION <p class="AbstractsCxSpFirst"><span lang="EN-US">Research into ‘translation universals’ in legal translation is a relatively new field, which still needs to be expanded with further empirical studies. The few studies conducted so far fall into two main categories: a) analyses that explore the typical features of European legalese as translated language against national legal language; b) studies based on corpora of national legal language translated into other national languages (see Pontrandolfo 2019a:20-22).</span></p> <p class="AbstractsCxSpFirst"><span lang="EN-US">The present paper is framed within the second category and aims at contributing to the academic debate on translation universals applied to legal language; more specifically, it aims at testing the methodology adopted to study translation universals on a bilingual parallel corpus of judgments delivered by the Spanish Constitutional Court (Tribunal Constitucional, TC) translated for informative purposes into English.</span></p> <p class="AbstractsCxSpMiddle"><span lang="EN-US">The corpus-based analysis, carried out mainly quantitatively, includes the comparison with a larger corpus of original judgments delivered by the UK Supreme Court (UKSC) with the final objective of testing some indicators of simplification, explicitation, normalisation, levelling out, interference, untypical collocation (see Zanettin 2012: 11-25).</span></p> <p class="AbstractsCxSpLast"><span lang="EN-US">Preliminary results are promising, even though it is not possible to identify robust and homogeneous trends. </span></p> Gianluca Pontrandolfo Copyright (c) 2020 Gianluca Pontrandolfo 2020-09-24 2020-09-24 43 17 55 10.2478/cl.2020.43.2 THE COMPARATIVE ELEMENT IN COMPARATIVE LEGAL LINGUISTICS <p>Fundamental legal-linguistic research includes next to monolingual approaches to the legal language also comparative approaches. Meanwhile, the epistemic value of comparative approaches is unclear in legal linguistics. Therefore, in this article different legal-linguistic comparative approaches will be scrutinized, and their perspectives made operational in legal linguistics. Especially, the traditional analysis of legal terminology gains momentum here in the context of discursive comparative approaches. The multilingual origins and the intertextual mode of existence and development of the legal language clarify its specifics. They also shape processes in which the language of the global law emerges in the contemporary social reality.</p> Marcus Galdia Copyright (c) 2020-09-24 2020-09-24 43 57 76 10.2478/cl.2020.43.3 LEGAL AND ILLEGAL APPROACH IN DETERMINING TERMINOLOGICAL EQUIVALENTS IN THE PROCESS OF TRANSLATION ON THE EXAMPLE OF SELECTED TERMINOLOGY FROM THE TRANSLATION OF THE CANTON OF ZURICH <p>Authors of translations of legal codes do not usually inform about their approach to solving translational problems. One of the reasons is the firm belief in the need for a faithful and thus literal translation of the output text. This unlawful approach creates a field for unfounded creation of so-called Equivalent terminology. Consequently, translations contain expressions whose meanings in the target language are incomprehensible or cannot be determined by reference to the doctrine or case-law.</p> <p>A legal approach based on subject knowledge and a precise methodology for determining interlingua equivalents eliminates the problems arising from a non-lawful approach . In the analytical part of the article it is presented the methodology of the legal approach to solving translational problems and the method of its practical application.</p> Łukasz Iluk Copyright (c) 2020-09-24 2020-09-24 43 77 99 10.2478/cl.2020.43.4