Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated (...) and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities. (shrink)

Legal concepts and notions are deeply affected by religions, ethics, philosophy and the culture of a particular nation. As Friedman Comparing legal cultures, Dartmouth, Aldershot, 1997, p. 34) highlights, understanding legal culture is a crucial factor as it both affects their translation and interpretation and consequently has an impact on the application of law. This increases in importance, for example, in the context of the principle of mutual trust and recognition of judgments assumed by the European Union as the cornerstone (...) of judicial co-operation in the European Union, which would not be possible without the trust in each other’s justice system and the respect for the different legal systems and traditions of the Member States. In that vein, ‘the Third Space’, where legal concepts and notions of multiple origins meet and where their meanings are negotiated, transformed, translated and integrated into various socio-political and cultural contexts has acquired an immense significance. Although there may be natural similarities between legal professions in the European Union, they could differ quite substantially as they are deeply rooted in the history and societal evolution of a country; therefore, they are generally regulated at a national, not a European level. In light of the above, the author intends to perform an in-depth analysis of key terminology in the field of names of legal professions which exist in the Member States of the European Union. The author focuses on the terms which refer to the legal profession of lawyers as they might pose obstacles in translation and interpretation due to different functions and roles these legal professionals play in their legal systems or due to the lack of their equivalents in other legal systems. The terminology is compared to present similarities and differences in their meaning, particularly putting some emphasis on socio-political and cultural contexts. The research methods encompass the analysis of relevant literature and the terminological analysis of the research material, which includes the information on legal professions provided by particular Member States on the European e-Justice portal and relevant national regulations in that respect. Finally, the author draws the conclusion that a thorough analysis of the functions and roles of a particular legal profession in socio-political and cultural contexts is required before the translation and interpretation of the term is provided as it helps to avoid ambiguity and makes legal communication precise. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 225-251.

This essay opens the Special Issue of the International Journal for the Semiotics of Law entitled “Legal Languages and Legal Communication” devoted to issues in translating, interpreting and teaching legal languages and legal communication. This volume of the International Journal of the Semiotics of Law comprises twelve articles which might be grouped into three categories of problems i.e. culture in legal translation and interpretation, legal discourse and/in legal communication and teaching legal languages and legal communication. The first section refers to (...) issues connected with legal terminology and the impact legal culture has on the quality of translation and interpretation (Kordić in Int J Semiot of Law 36 (4); Janigova in Int J Semiot of Law 36 (4); Matulewska and Oh in Int J Semiot of Law 36 (4)). The second part focuses on the question of legal discourse with a special emphasis on its role in legal communication (Więcławska in Int J Semiot of Law 36 (4); Alwazna in Int J Semiot of Law 36 (4); Hadryan and Rutecka-Góra in Int J Semiot of Law 36 (4); Orts in Int J Semiot of Law 36 (4); Cudowska in Int J Semiot of Law 36 (4); Górska and Juzaszek in Int J Semiot of Law 36 (4) and Grieshofer in Int J Semiot of Law 36 (4)). The third and last section of the special issue is dedicated to question of instructing legal languages and legal communication and, mainly tackles the problem of designing curricula of English for Legal Purposes in such a way so as to equip legal professionals with such linguistic competences, knowledge and skills that are most valuable for their work (Bhatia in Int J Semiot of Law 36 (4); Chiknaverova in Int J Semiot of Law 36 (4)). (shrink)

The field of language teaching, both TESOL and ESP, is undergo- ing rapid changes. It is responding to new educational trends and paradigms and institutions face new challenges connected with changes in the curriculum, national tests and student needs. As a result, language teachers need to update their professional knowledge by taking on new roles, such as those of teacher- researcher. The purpose of this paper is to present new developments in the area of general language teaching research, with a (...) particular focus on meth- ods of qualitative research that might be found useful while examining certain aspects of teaching in the field of ESP, such as case studies, action research, interviews or observations. The presentation of research methods is followed by a review of research practice focused on pedagogical issues published in re- cent years in ESP journals, such as English for Specific Purposes, The Asian ESP Journal or Journal of English for Academic Purposes. Of major interest are articles on Legal English. The article concludes with suggestions for further study. (shrink)

Easy and cheap access to the Internet and a wide array of new technologies, such as smartphones, have multiplied opportunities for online informal learning of English. Yet, despite sizeable research, few studies have examined the issue of OILE in the context of university students of different disciplines. The aim of this research study was to examine the role of online language use through smartphones among students of various disciplines and its possible effects on enhancement of their foreign language skills. The (...) study assumed both qualitative and quantitative methodology encompassing three research instruments: an online survey, the self-assessment language competence grid of the Common European Framework of Reference for Languages and a semi-structured interview. Data were collected with 377 students from two universities: University of Białystok, Poland and University of Osijek, Croatia. The research outcomes indicate that both Croatian and Polish students of different disciplines use their smartphones chiefly for receptive activities with infrequent use for language learning purposes and the predominant use of the mother tongue or English for the listed online activities through smartphones do not significantly affect the self-assessed level of their communicative competence in English. However, it can be stated that the choice of the preponderant language for online use through smartphones, especially for study-related issues, is conditioned by the students’ discipline of study. (shrink)