New Insights into the Semantics of Legal Concepts and the Legal Dictionary

Bajčić, Martina

doi:10.1075/tlrp.17

Cited by 31 publications

(7 citation statements)

References 65 publications

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“…This is not a genuinely novel idea. Similar claims have been made by others in the fields of legal theory and legal linguistics (see, for example, Winter 2001;Solan 2010;Bajčić 2017). I offer some additional support for such claims in the form of a detailed analysis of the case law of the Court of Justice of the European Union.…”

Section: Introductionsupporting

confidence: 78%

Prototype Theory in the Judicial Practice of the Court of Justice of the European Union. A Case Study

Zeifert

2020

Comparative Legilinguistics

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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.

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Section: Introductionsupporting

confidence: 78%

Prototype Theory in the Judicial Practice of the Court of Justice of the European Union. A Case Study

Zeifert

2020

Comparative Legilinguistics

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“…This approach conforms with the common sense idea that translation in general consists in understanding and reexpressing the meaning of a given communication [27: 64]. 2 Needless to say, legal texts are notorious for being difficult to comprehend. "[L] egal language tends to remain complicated and hermetic" [33: 129].…”

Section: Legal Translation and Interpretation Sensu Largomentioning

confidence: 68%

Legal Translation Versus Legal Interpretation. A Legal-Theoretical Perspective

Zeifert

Tobor

2021

Int J Semiot Law

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In this article we investigate the relationship between legal translation and legal interpretation. The common wisdom is that these activities are closely related, but the nature of that relationship remains disputable. We adopt the perspective of legal theory—as opposed to the perspective of translation studies—which seems to be underrepresented in the literature of the subject. We start with distinguishing between the two notions of legal interpretation: the wide sense (interpretation as understanding) and the narrow sense (interpretation as problem solving). We argue that the relationship between legal translation and legal interpretation changes significantly depending on the notion of legal interpretation that is assumed. The wide sense is often assumed by translation scholars and it renders legal interpretation as a necessary prerequisite for legal translation. Jurists, on the other hand, usually assume the narrow sense which renders legal interpretation and legal translation as two distinct activities with some shared features. We then focus on four issues of legal interpretation in the narrow sense: the types of legal interpretive problems, the creation of legal interpretive problems, the methods of legal interpretation, the resolution of legal interpretive problems. We conclude with a detailed comparison of legal translation and legal interpretation in the context of those four issues.

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“…target-oriented, aimed at rephrasing the message and content of the original, taking into account the legal, linguistic and cultural specifics of the target language (Paolucci, 2017b). Before further examination, it should be noted that, also with reference to legal translation, the debate on the adoption of either a source-oriented or target-oriented strategy, has always been lively, especially since the early 1980s, including scholars such as Šarčević (1997), Cao (2007), de Groot (2000, Biel (2009), Prieto Ramos (2011), Pontrandolfo (2012), Cheng and Sin (2008), Bajčić (2017), andLeung andDurant (2018).…”

Section: Discussionmentioning

confidence: 99%

English and Italian in the Frame of Genre-based Research and Foreign Language Learning

Lukančič¹,

Fabijanić²

2020

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ENGLISH AND ITALIAN IN THE FRAME OF GENRE-BASED RESEARCH AND FOREIGN LANGUAGE LEARNING.In their work entitled "LanGuide -A Tool for Learning English", Associate Professor Mojca Kompara Lukančič and Associate Professor Ivo Fabijanić provide an overview of this e-language learning tool, which was developed by six institutions within an international project financed by the European Union. "LanGuide" encompasses three levels of difficulty and is also applicable to different fields and to other languages, not only to English. In the contribution, Kompara Lukančič and Fabijanić present some linguistics concepts of language learning, and different approaches to learning and teaching foreign languages, and emphasise the role of language acquisition and multilingualism as significant elements of the EU's language policy.Kompara Lukančič is also the author of the contribution "The Compilation of the Shakespeare's Dictionary". She discusses the micro-and macrostructure of the Shakespeare's Dictionary, which was a part of the Erasmus plus project -CUSHA (Culture shake) that lasted from 2016 to 2019, and joined project partners from Slovenia, the United Kingdom, Germany, and Sweden. Despite the fact that many dictionaries and/or glossaries on Shakespeare already exist, this dictionary is specific, due to the inclusion of 13 languages. The entries of the dictionary are written in English, and provide a definition, an example of usage from Shakespeare's play and translations into the following 13 languages: Amharic, Arabic, Czech, French, German, Hebrew, Italian, Macedonian, Persian, Polish, Russian, Spanish and Swedish. The 13 languages included in the dictionary entries are the mother tongues of the participants. Another specific of the described dictionary presents, according to Kompara Lukančič, "the figures included in the dictionary entry for selected terms, and the inclusion of audio files for every single element of the dictionary entry, including the translations."J. Potočnik Topler: Foreword 3.similar). Based on his research, Smajla concludes that "foreign language teachers ought to rethink their motivation strategies as well as teaching methods, and adjust them according to the pupils they are dealing with at any certain point."The last part of the monograph is dedicated to translation studies. Assistant Professor Sandro Paolucci titled his contribution "Source and Target-oriented Strategies in Translating Administrative Texts for the Italian Minority in Slovenia", and writes about his study conducted in 2019 in which he examined source and target-oriented strategies in the translation of legal texts, in particular normative and informative administrative texts for the Italian minority in Slovenia. Paolucci's study showed that "in translating certain terms, two or three different solutions were offered, sometimes all acceptable; however, by taking this approach it is possible to create difficulties in interpreting these terms and, therefore, the possibility of confusion arises." Therefore, Paolucci's survey focused ...

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New Insights into the Semantics of Legal Concepts and the Legal Dictionary

Cited by 31 publications

References 65 publications

Prototype Theory in the Judicial Practice of the Court of Justice of the European Union. A Case Study

Prototype Theory in the Judicial Practice of the Court of Justice of the European Union. A Case Study

Legal Translation Versus Legal Interpretation. A Legal-Theoretical Perspective

English and Italian in the Frame of Genre-based Research and Foreign Language Learning

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