Galdia (2003) illustrates that the problem of dating the first translation of legal texts helps answer the question of whether the problem of translation is to be solved by the application of linguistic theories or by knowing different subjects of study. Ostensibly, the focus on providing linguistically described models to solve the problems of translation in legal texts is much more important than the study of comparative foreign laws. However, legal translation has to do with the respective legal institutions. (p. 3)
Galdia (2003) contends:
The discussion of the problems of legal translation from a comparative law perspective revolves around the term "denotation". A legal term under legal system A, understood as a systematic term, is transformed
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There is resemblance between the solemnity of a text and its archaic character. Although the exaggerated use of archaic words may make the text seem funny, the light use of them can keep it solemn. That is why the legal texts that it is written in an overly popular manner are hotly contested because this way of writing loses the legislative text its gravity or solemnity or at least endangers it. (p. 92) There are several reasons for the archaic nature of legal language, Mattila (2006) lists. First, Lawyers prefer the conservative. They tend to use conventional expressions even if they become obsolete. Second, the expressions of legal language are usually hermetic in a law that has been in force for decades. To exemplify, Russian legal terminology remains constant in the 18th century since no new rules or laws are established at the time. Eventually, the archaic language may also stem from political reason. Language is often solemn due to authoritarian political conditions. For instance, in Greece, at the beginning of the 1970s, during the military dictatorship, the official language of the country was Greek, Katharevusa, also used by courts and government offices. After the fall of the military junta, the country moved to the Hellenic language, a colloquial one. The term “offence” (prestuplenie, преступле-ние), for example, was replaced by the expression “anti-social behavior.” (pp.
Originalism, an orthodox principle of legal interpretation, focuses on interpretation pursuant to the original understanding of constitutional words . This incorporates arguments from the ‘text, context, purpose and structure of the constitution’. The originalist method of constitutional in...
This paper seeks to address the literacy and stylistic issues presented in two texts. Specifically, an extract from Mary Shelley’s Frankenstein and Wilfred Owens’s Dulce ET Est. Decorum. Initially, the paper will outline the prevailing social and historical contexts associated with the two texts. The principal purpose of this work is to address the themes common to both texts. For this to be achieved, an initial investigation and critique of both authors use of language will also need to be looked at.
This paper has discussed the word court. It has covered the roots and origin of the word, why it is polysemic, how it came into the English lexicon, reasons for why it has evolved in English, and how it has become an adjective and a verb. By looking at examples of text and making a comparison of connotation in past and present, a synchronic examination has helped display the diachronic word. You may argue that there are no modern text examples in this paper and many of the words’ senses have been overlooked. While this is true, my goal was to display how court has evolved as a word in our language, not its most recent usage and meanings. Considering the conditions for the assignment, I feel my purpose was best served by the focus I have taken. In conclusion, this paper has demonstrated the awesome history of a single word, manipulated by language, time and history.
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
Brown, Lesley, ed. The New Shorter Oxford English Dictionary on Historical Principles. Oxford: Clarendon Press, 1993.
‘…in construing wills and indeed statutes, and all written instruments, the grammatical and ordinary sense of the
The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
‘Our interest in the parallels between the adaptation inter-texts is further enhanced by consideration of their marked differences in textual form,’
To begin with a brief definition of translation, it can be stated that it is basically transferring the words included in one language to the other by making necessary changes and sticking to the source language taken from either the source text or source speech. With the help of rapid technology and the network among countries, the significance given to translation has become an indispensable part of wide range of business and communication purposes. The source determines whether it will be a job of translators or interpreters. It is important to refer each of them by explaining the differences between them at this point.
Law is the framework which applies to members of the community and sets the binding values and standards recognized by its subjects. It regulates their behaviour and it reflects the principles ...
Translation has always played a key role in shaping cultures, societies, languages, and literatures throughout the history of mankind. On the other hand, in contrast to all its potentials, the discipline has been underestimated within academia and it had not been studied in any systematic way as a planning activity until the last century (Toury, 2002). Having been overshadowed by linguistics and comparative literature, the discipline of translation studies was conceived as a subordinate academic field. This is mainly because translation was merely seen as a code-switching activity and firmly stuck in the paradigms of fidelity and equivalence.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
for sale. I would be interested in buying it for $2,000 if it is in
What is a word? How the translator deals with this gap? What influences his choices? These are few of the question we will try to explain in this paper. We will pay a particular attention to the cultural differences and the translational gaps raised from it. In my opinion the non-equivalence in translation is due above all by the cultural barriers that influence our lifes.