Aleksandra Matulewska

In Quest of Sufficient Equivalence. Polish and English Insolvency Terminology in Translation. a Comparative Study

Abstract The paper deals with the problem of translating selected insolvency terminology from Polish into English and from English into Polish. The re- search corpora encompassed the Insolvency Act 1986 (England and Wales) as amended and Ustawa z dnia 28 lutego 2003. Prawo upadłościowe i naprawcze [the Act on Polish Insolvency and Rehabilitation Law of 28th February 2003 as amended]. The research methods included: (i) the comparison of parallel texts, (ii) the method of axiomatisation of the legal linguistic reality, (iii) the termino- logical analysis of the corpus material, (iv) the concept of adjusting the target text to the communicative needs and requirements of the community of recipients and (v) the techniques of providing equivalents for non-equivalent terminology. The research hypothesis has been so formulated that the parametrisation of legal reality may assist in finding more adequate equivalents and determine differences in meaning of compared source and target language terms, which in turn facilitates the choice of a more adequate technique of providing equivalents for non-equivalent or partially equivalent legal terminology meeting the com- municative needs of translation recipients. The research results revealed that insolvency terminology is highly system-bound and available equivalents may often be misleading for the community of target text recipients

Socially Induced Changes in Legal Terminology

Abstract The author intends to present evolutionary and revolutionary changes in legal terminology. Legal terminology changes as a result of language usage, technological development, political and social changes and even economy reasons. The following research methods have been applied: the terminological analysis of the research material (empirical observation, analysis of comparable texts and parametric approach to legal terminology comparison) and the analysis of pertinent literature. The research material included legislation from the United Kingdom, the United States of America, Canada and Australia. The author focuses on terminological changes resulting from social transformations. Selected terms and their transformation in respect to meaning and form are elaborated on in the paper. Finally, the author draws conclusions that translation of such terminology should aim at communication precision and many of them may be false friends in interlingual communication.

Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy

Abstract The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i) the analysis of comparable texts, (ii) the method of parametrisation of the legal linguistic reality, (iii) the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.

The methods of expressing obligation in English, Hungarian, and Polish statutory instruments

The authors analyze the structure of imperative clauses in English, Hungarian, and Polish statutory instruments, including the EU ones. The emphasis is put on the exponents of modal meanings used in the above-mentioned three languages. The clauses are analysed from a semantic and syntactic perspective. Grammatical and lexical exponents of deontic modality in English, Hungarian, and Polish are compared. The semantic components constituting modally marked utterances are described.

POLISH INSOLVENCY LAW TERMINOLOGY IN TRANSLATION INTO ENGLISH. A CASE STUDY OF THE TERM ZARZĄDCA

The paper touches upon selected problems connected with translation of insolvency law terminology from Polish into English. The term zarządca has been used to illustrate its vertical and horizontal intertextuality in Polish and English language. The corpus composed of nortmative texts (Polish Act on Insolvency and Rehabilitation, British Insolvency Act, European Union Repulation on Insolvency Proceedings) and soft-law (INSOL guidelines, NATO regulations, etc.) has been compared to show how the context modifies the meaning of the term and requires applying different equivalents depending on the context acquired meaning. The author also presents dictionary equivalents which may be found in Polish-English legal dictionaries to illustrate the quandaries awaiting the translator who is to render a translation of a text dealing with insolvency law.

REVIEW OF "TŁUMACZENIE POŚWIADCZONE. STATUS, KSZTAŁCENIE, WARSZTAT I ODPOWIEDZIALNOŚĆ TŁUMACZA PRZYSIĘGŁEGO" BY ARTUR DARIUSZ KUBACKI

Artur Dariusz KUBACKI, Tlumaczenie poświadczone. Status, ksztalcenie, warsztat i odpowiedzialnośc tlumacza przysieglego. Warszawa: Wolters Kluwer Business, 2012, ISBN 978-83-264-3820-2, 369 s.

Wykładnia normy prawnej a metodologia przekładu

The authors discuss the problems connected with the construction of legal texts done by translators and lawyers. First, the methods of the construction of statutory instruments used by Polish lawyers are discussed and compared with translation strategies. Both lawyers and translators must apply intralingual translation for different purposes. Lawyers do it in order to apply the law in practice, and translators do it in order to perform interlingual translation. Next, the following legal interpretation methods are touched upon: (i) linguistic construction, (ii) system construction, (iii) functional construction, (vi) comparative construction, (v) literal construction, (vi) expansion and (vii) restriction. They are compared with respective translation methods: (i) linguistic analysis, (ii) context-based analysis, (iii) Kierzkowska’s legal translation strategy based on the skopos theory of Vermeer, (iv) comparison of parallel texts, (v) literal or word-for-word translation, (vi) explicitation, and finally (vii) implicitation. Moreover, the authors point out that the unnecessary application of some of those translation strategies and methods may lead to the undesirable side effects such as information loss, information addition, mistranslation, etc. Furthermore, the methods of providing equivalence based on the construction of legal texts for the purpose of interlingual translation are given to stress the differences between intralingual and interlingual translation.