Cultural Dimensions Of Legal Discourse

Sierocka, Halina

doi:10.2478/slgr-2014-0039

Cited by 12 publications

(6 citation statements)

References 6 publications

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“…There is a strong connection between legal translation and culture as laws are derived from the culture of the people these laws apply to. According to Sierocka (2014), "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 (p. 189). She emphasized on the importance of taking the cultural dimension into consideration while translating legal texts as she comments, "the primary aim of legal translation is to create a set of parallel texts which are equal in legal effect from the source language to the target language in terms of authority, function and legal status of the translated text, legal system and cultural settings within of which the translated text will be read and/or used" (Sierocka, 2014, p. 190).…”

Section: Legal Translationmentioning

confidence: 99%

The Application of Catford's Translation Shifts to the Translation of the UN’s Convention on the Rights of the Child from English into Arabic

Altwaijri¹

2019

Preprint

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The objectives of this study were to determine the most frequent type of translation shifts according to Catford’s model of translation shifts in the translation of the UN’s Convention on the Rights of the Child (1989) from English into Arabic and to examine the inevitability of resorting to translation shifts in legal texts. To conduct the analysis, the researcher selected a sample covering the preamble and the three main parts of the Convention representing legal texts in general. Throughout the analysis, every translation shift was traced and manually counted to identify the most frequent type of translation shifts. The inevitability of each of the identified shifts was examined to conclude how necessary translation shifts were to preserve the meaning and effect of the source text. The findings indicated that intra-system shifts were the most frequent type of shifts with the frequency of 174 shifts (=26.6%), followed by unit shifts scoring 171 shifts (=26.3%), then structure shifts with the frequency of 161 shifts (=24.6%), then class shifts being identified 128 times (=19.6%), and finally level shifts with the frequency of 19 shifts (=2.9%). Regarding the inevitability of resorting to translation shifts, 80.1% (=523 cases) of identified translation shifts were obligatory due to the linguistic disparities between English and Arabic. Only 19.9% of detected (=130 cases) were optional due to the technicality of legal texts. Finally, exposure of translators to legal texts was recommended to understand the linguistic and stylistic characteristics of English and Arabic legal texts and to maintain the meaning in the TT.

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Section: Legal Translationmentioning

confidence: 99%

The Application of Catford's Translation Shifts to the Translation of the UN’s Convention on the Rights of the Child from English into Arabic

Altwaijri¹

2019

Preprint

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“…a presentation of Law on Mediation in a home country), mastering writing skills (legal correspondence -letter before action, request). Topical vocabulary should be given special attention because legal terminology has always given rise to difficulties of translation and interpretation conditioned by cultural differences (Sierocka, 2014). Moreover, the interdisciplinary character of mediation makes its terminology system complicated due to the extra-linguistic characteristics in this field of study (Vyushkina, Khizhnyak, 2017, p. 35).…”

Section: Course Structurementioning

confidence: 99%

Mediation: Framing a Clil Course

Vyushkina

2018

Studies in Logic, Grammar and Rhetoric

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Mediation in a legal sense is a means of alternative dispute resolution (ADR). Having evolved in the USA in the last half of 20th century the procedure is growing in popularity and proliferation all over the world. Many countries enacted particular legislation, and others included relevant articles into Civil and/or Criminal Procedure Codes. Howbeit, lawyers are to be aware of mediation and roles they may play within the process. Law school curriculum drafters face the challenge of including a new up-to-date course in mediation into busy and very full academic programmes. Analysis of existing instructing practice showed that in Anglo-American law schools mediation teaching is a part of clinical legal education. As for European countries, there is a broad range of scenarios and no established experience. Recognition of communicative skills as key skills for mediators prompts the use of a CLIL approach in structuring such a course. Listening, reframing, summarising, questioning are skills to be mastered by law-students both in a foreign language and their mother tongue. Language teachers are in charge of this part of the course while law teachers can work out text contents built on the branches of law mediators deal with more often (family law, employment law, contracts, etc.). Moreover, some texts may cover mediation law in a home country and abroad. Another important factor to take into account is a career path chosen by a law-student – if s/he is going to become a mediator or a lawyer securing clients in mediation. Role plays and scenarios are an integral part of the course. Moreover, the course developed can serve as an introduction to internship in a law clinic.

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“…Elements legal substance composed of rules and regulations on how the institutions behave in a rule or norm in the structure of a legal system that directs the behaviour of how it should be. While the legal culture element includes human attitudes toward law and the legal system https: //dx.doi.org/10.15405/epsbs.2018.12.03.81 Corresponding Author: Mulia Simamora Selection and peer-review under (Friedman & Hayden, 2017;Sierocka, 2014), includes three normative tradition (Lukito, 2013). Human behaviour against law and legal system will be seen from the human attitude that use the law, avoid it or abuse it (Friedman & Hayden, 2017); behaviour norms violations opposed to attitude mismatch (Van Kleef et al, 2015) Elements realities of the legal system are the social forces or also known as legal culture.…”

Section: Introductionmentioning

confidence: 99%