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Gianluca Pontrandolfo. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. Lesley Allport Chapter Ten It is a research tool series that explores theoretical, descriptive and applied issues of legal discourse and communication manifest in different languages, cultures, systems and societies.

This series ensures that only a select number of research papers submitted go to print, and several academic members of the Advisory Board from Asia, North America and Europe, each in their own area of expertise, ensure the quality of published papers within the international community of scholars involved in legal discourse and communication studies. Vijay K. Steven L. Christopher J. Helen Xanthaki, UK Prof. Eveline T. This conference was attended by highly-renowned international keynote speakers, Professors Vijay K.

Bhatia, Giuliana Garzone, Jan Engberg and Dr Tim Grant, who lectured on different topics, along with a host of national and international scholars and researchers from linguistic and legal backgrounds. As such, the volume is a careful selection from 40 out of 90 total papers presented at this conference by those scholars and researchers and reshaped into articles after a double-blind peer review by members of the Advisory Board for inclusion in this volume.

Bhatia, Giuliana Garzone, Rita Salvi and Christopher Williams, for their invaluable work in refereeing and offering suggestions on the conference papers included in this volume. While my first thanks go to these members and co-editors for their unwavering enthusiasm and close reading of several drafts of the papers, I want to mention my debt to other fellow colleagues from the Advisory Board of the series and outside for their feedback on the ideas and approaches presented by some contributors in their papers. For linguists, in particular, concerns about the use of language in the law and its representation of social action, social actors and social practices have provided systematic insights into the meaning and function of text, discourse or talk realized in academic, professional and institutional sites of communication and generated different data for analysis, method and theory.

In addition to earlier studies of legal language focusing on different aspects of legal texts Goodrich ; Kurzon ; Trosborg , Tiersma , among others and the structural and lexico-grammatical features instantiated in specific written genres of legal discourse Bhatia , more recent studies of courtroom interaction have shown how the analysis of a particular genre of spoken discourse discloses the distribution of power between the lay and expert participants in the legal process Cotterill ; Harris ; Heffer ; Stygall , or reveals the centrality of narrative as a discourse activity in trial contexts Harris , ; Heffer ; Johnson Viewed simply as an action brought in court to enforce a particular right, litigation has thus provided the important locus for interdiscursivity and asymmetrical power relations in the professional practice of law and accompanying systems, processes and procedures, and the variety of textual, discourse and ethnographic analytical data have pointed out how the discursive genre of multilingual arbitration awards "is not immune from litigation contagion" Bhatia, Garzone, Degano 12 , or expanded on "the 'integrity' of arbitration principles" adopted in international commercial arbitration practice Bhatia and Gotti 9.

In addition to describing how the law itself and the actors within the legal system conceive of relations between discourse, power and ideology Wagner and Cheng ; Bhatia, Hafner, Miller, Wagner , further insights have been brought to "the way language is used by the professional legal community for the communication of its main business, i.

Clearly, the inter- relatedness of legal language and culture and its implications for translation still forms part of the cultural identities that are negotiated in the translatability process.

Understanding Cultural Communication Differences

It therefore becomes clear that the formal list of legal language and discourse-based studies in the review above, though by no means exhaustive, is relevant to emphasise how the disciplines of applied linguistics and law can work together to acknowledge interdisciplinary research trajectories in terms of knowledge bases build up by the cross- cutting methodological confines of language and law.

Most importantly, the list of studies is significant to account for the complexity of legal discourse written as well as spoken in a variety of socio-cultural and socio-interactional contexts, where linguistic constructs such as those deriving from generic patterns are firmly rooted in the construction of reality and its representations. While these contexts bear upon the conditions of production within which legal discourse is framed and used as well as the basis of social constructionist theories looking at social life as socially discursively constructed as an effect of discourses, they also however shape the values, discursive resources and structures of social practices themselves Fairclough through a range of situated discursive practices Fairclough ; Candlin ; Bhatia Culture, viewed broadly as a set of traditions and standardized social practice in the existing discourse, is not exempt from the reproduction of this community's ideology and power in socially relevant norms, values, goals and principles that define the everyday activities of the professional community itself.

By the same token, the use of this type of discourse is contingent upon the role assigned to the law in society where it is generated by moral, political and economic arguments, and therefore filtered through the peculiarity of legal language use in this form of communicative practice. This, then, is the principal leitmotif of this co-edited book, focusing on several different legal discourse-creating practices - namely, legislating, court ruling, reporting, translating, social networking sites and Web-generated news.

Content of this book The present book Constructing Legal Discourses and Social Practices: Issues and Perspectives brings together European scholars and researchers primarily from a linguistic background to address the realized forms of legal discourse, how these are framed and organized across the participants, activities and purposes in distinctive sites of legal and para- legal communication, and how these discursive forms are closely controlled by social practices. The volume therefore offers a variety of interests in undertaking analyses of legal discourses and genres alongside their social as well as cultural practices constructed, negotiated and used within the socially-informed framework of language and law.

Constructing Legal Discourses and Social Practices xvii In the first keynote paper, Polyphony and dialogism in legal discourse: focus on syntactic negation, Giuliana Garzone looks at the role of syntactic negation in legal discourse as enacted particularly in appeal legal judgments, and provides the theoretical background to the linguistic issue under consideration by considering the notion of 'polemic' negation inbreeding within legal reasoning theories.

In this chapter, the author thus draws the reader into an understanding of syntactic negation as an inherently dialogic form that contributes to the polyphonic character of discursive practices in the ongoing domain. Using a representative corpus of appeal judgments from the UK Supreme Court and a methodological framework for the study of polyphony and dialogism involving negation forms, the author formulates the relevance of the research issue within a pertinent body of published literature available on the subject, and refines it as she proceeds with her research in a manner that entices the reader into pursuing the full content of this spellbinding chapter.

After introducing and discussing the general notions of polyphony and dialogism and the relevant theoretical frameworks, the author focuses on one polyphonic device, i.

She then looks at how dialogism is realised through syntactic negation in appeal judgements, with special attention being paid to polemic negation. Some variations on the syntactic patterns in which polemic negation is set are also valuably considered, before drawing everything together and tying it into her initial research within conclusions. The vitality of this linguistic research and the way it enriches our understanding of the issue in discourse and genre frameworks proceeds with the second keynote paper Conceptualising corporate criminal liability: legal linguistics and the combination of descriptive lenses by Jan Engberg.

The basic assumption underlying this captivating chapter is that a legal concept may exist in different legal systems, be defined similarly, but be realized as different versions. By combining different lenses in the description of the different versions, the author argues, a fuller and thus more justified picture of legal meaning can be obtained. The analytical framework for the author's study is therefore offered by the concept of Corporate Criminal Liability, i.

Drawing from the Knowledge Communication Approach, the author thus starts off with a description of the chosen concept and the ways it is realised in German, Danish and Spanish law. He then goes on to provide three descriptive lenses that are applied in comparative law studies culture, socio- functional systems, interpersonal communication. While these studies often seem to urge to choose only one of them, the author thus shows how the lenses may be combined to produce a fuller picture of the actual complexity of the concept and the factors influencing its development.

This is strikingly demonstrated through an empirical comparison of aspects of the Danish and German position in legal system and the Danish and Spanish relative value of compliance programs versions of the concept, respectively. Part II - Identity, diversity, equality and justice in legal discourse Part Two brings together four chapters addressing varied, yet overlapping, issues within this topic area.

In the first chapter, Freedom from Fear and Want: Communicating Language Rights, Tarja Salmi-Tolonen sets her analysis in the context of modern democracies and constitutional states where basic rights, including access to justice and fair trial, are of utmost importance. For these rights to have any real meaning, the author argues, the language rights are essential to ensuring that a number of legal principles, including the principles of fair trial, are fulfilled in a justice system.

With this in mind, the chapter examines how the fundamental rights and questions of fair trial are communicated in transnational, supranational and national legal instruments, and seeks to answer four different questions: are regulative texts impersonal and decontextualized, how are the principles of fair trial, equality of arms and language rights expressed in regulative texts, and how do the law-makers use metalinguistic means to communicate their purpose, and is there variation between international, supranational and legislative discourse in this respect?

Using a metalinguistic framework for the analysis of different materials, namely, covenants, directives and acts at international, supranational and national levels, the author's findings support previous results of variation when the texts are seen as being functionally equivalent. In the second chapter, Legal necessity or competitive advantage: a critical analysis of workplace diversity initiatives in Hong Kong, Aditi Bhatia explores how workplace diversity initiatives are communicated in corporations, particularly in the banking industry, and focuses on the language used in informational documents intended to promote and support diversity efforts from two major licensed banks in Hong Kong.

In the third chapter, A Corpus-based Discourse Analysis of Refugee in EU Legal Texts, Giuseppe Balirano and Maria Cristina Nisco represent the more general topic the 'big context' for their study by informing the reader about the significant progress made in EU countries, where a variety of legislative and non-legislative instruments have been made to ensure fundamental rights and regulate migration flows. Despite these significant inroads, the authors maintain, there seems to be an increasing tension between general human rights and the specific interests of each Member State at a time when the EU is striving to cooperate for the creation of a common asylum system to promote solidarity, provide protection and integration for asylum seekers, and implement and support practical cooperation among all Member States.

This scenery allows the authors to narrow down to the specific topic in their case under analysis and to examine the institutionalized language of the EU case-law constructed and used mainly through judgments and opinions, dealing with the intricate issue of EU refugees. Using the methodological framework for corpus-based discourse analysis, this chapter thus looks at the most salient linguistic patterns emerging from the discursive construction of refugees within the chosen texts. The chapter Regulating the Law of Seeds: A comparative analysis of social representations in legal versus ecological discourses by Marilyn Pasqua closes this section.

As an explanation for her study, the author sets forth beforehand the recent adoption by the European Commission of a proposal to regulate plant reproductive material law, which has led to a European petition being promoted by consumer groups, small-scale farmers and gene banks. Against this provision, Vandana Shiva, a prominent leader of ecological justice, has taken action to promote the ways in which seed laws should be regulated. With this scenery under focus, this chapter considers how new social representations in the regulation of seeds are pushed forward and old ones transformed through discourse.

It highlights the crucial role played by social representations in legal vs. Drawing from the social representation theory and the critical discourse analysis method, this study thus examines the interface between social and discourse structures where the social representation of seeds is involved. Findings indicate that contrasting representations strongly affect the social practice of legislation, which is countered by the discourse of ecological justice. This syntactic feature, the authors argue, belongs to the set of traits traditionally criticised by the advocates of plain language and are regarded as typical of the language of the law and public administration.

In order to investigate this feature, corpora of court judgments are built in the current study, as well control corpora containing newspaper articles. Regardless of the language, the author maintain, constructs involving more items classified as negatives from a strictly morphological viewpoint never add up to a significant share of the sub-corpora.

In Argumentative strategies in the judgments of the European Court of Justice: connectors in French and English, Silvia Cavalieri and Chiara Preite examine the importance of language in the construction of argumentation in judicial settings, an area that has been largely underestimated in current literature. In an attempt to fill this gap, this chapter thus provides new insights into the description of the linguistic component of argumentation in legal discourse, and presents results of a comparative analysis of argumentative connectives in the judgments of the European Court of Justice delivered in French and translated into English.

As French is the procedural language, the authors' objective is to discuss whether and to what extent translators make recourse to one-to-one equivalence or, conversely, one-to-many equivalence, or to reduction. In Delivering justice: do mediators and lawyers speak the same language?

However, the author raises the question as to whether they mean the same thing. By considering the growing use of mediation within civil justice, this chapter thus examines the impact that the coalition of these two disciplines has had on language and definition. As the boundaries between legal practitioners and mediation professionals have become increasingly blurred, the author argues, so the language of these two areas of practice has been borrowed, exchanged and evolved.

Finally, Glen Michael Alessi examines US investigative accident reports used to help insurance companies determine liability compensation.

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Informed by a theoretical framework for corpus-assisted and critical genre analyses in a large corpus of adjuster-written accident reports, the author questions whether the language used in the chosen reports might reveal features of paralegal communicative practice. Log out of ReadCube. Arbitration is an independent, extrajudicial, alternative dispute resolution mechanism. One of the major challenges in the study of international arbitration discourse is precisely its multidisciplinary and intercultural dimension, as it has to integrate processes and procedures across legal systems civil law and common law and bring together a diverse range of participants, such as legal drafters of regulations, the parties in disputes, their legal counsels and witnesses, and the arbitrators, all coming from different linguistic, cultural, professional, and jurisdictional backgrounds.

In other words, the international arbitration process is a sequence of complex discursive and professional practices carried out in multicultural and multilegal contexts. If you do not receive an email within 10 minutes, your email address may not be registered, and you may need to create a new Wiley Online Library account.

If the address matches an existing account you will receive an email with instructions to retrieve your username. Tools Request permission Export citation Add to favorites Track citation. Share Give access Share full text access. Share full text access. Please review our Terms and Conditions of Use and check box below to share full-text version of article. Get access to the full version of this article. View access options below. You previously purchased this article through ReadCube. Translating law. Clevedon: Multilingual Matters. Catford, J. A linguistic theory in translation: An essay in applied linguistics.

Oxford: Oxford University Press. David, R. English law and French law. London: Stevens. Davies, Eirlys E. Leaving it out: On some justifications for the use of omission in translation.

Discourse analysis: A useful methodology for health-care system researches

Babel 53 1 : 56— Legal translation. In Elgar encyclopaedia of comparative law , ed. Smiths, — Cheltenham: EE Publishing. The dubious quality of legal dictionaries. International Journal of Legal Information 34 1 : 46— Edzard, Lutz. Stylistic elements in the use of Arabic as language of diplomacy: Recent developments in United Nations context. Die Welt des Islams 36 1 : 25— Language as a medium of legal norms.

Implications of the use of Arabic as a language in the United Nations system. El-Farahaty, Hanem. Arabic—English—Arabic legal translation. Emery, Peter G.

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Legal Arabic texts: Implications for translation. Babel 1— Lexical incongruence in Arabic—English translation. Babel 37 3 : — Engberg, Jan, and Dorothee Heller. Vagueness and indeterminacy in law. In Legal discourse across culture and systems , ed. Bhatia, Christopher N.

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Candalin, and Jan Engberg, — Faruqi, Harith S. Beirut: Librairie du Liban Publishers. Garre, Marianne. Human rights in translation: Legal concepts in different languages. Denmark: Copenhagen Business School Press. Garzone, Giuliana. The translation of legal texts. A functional approach in a pragmatic perspective. Textus 12 2 : — Gustafsson, Marita. The syntactic features of binomial expressions in legal English.

Haigh, Rupert. Legal English. London: Cavendish Publishing. Hatim, B. Shunnaq, and R. The legal translator at work: A practical guide. Jordan: Dar Al-Hilal. Hickey, Leo. The pragmatics of translation. Legrand, Pierre. Issues in the translatability of law.

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In Nation language, and the ethics of translation , ed. Berman, and M. Wood, 30— UK: Princeton University Press. Mayoral Asensio, Roberto. Translating official documents. Mellinkoff, David. The language of the law. Meredith, Clive R. Some notes on legal English. Meta 24 1 : 54— Pommer, Sieglinde E. No creativity in legal translation. Babel 54 4 : — New approach to legal translation. London: Kluwer Law International. Strategies of translating political texts. In Text typology and translation , ed.

Trosborg, — Amsterdam: John Benjamins Publishing Company. Snell-Hornby, M. Translation studies: An integrated approach.

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Amsterdam: John Benjamins. Tiersma, Peter m. Legal language. Triebel, Volker. Pitfalls of English as a contract language. Venuti, L. London: Routledge. Vidal Claramonte, M. The Translator 11 2 : — Williams, M. A comparison of the textual structures of Arabic and English written texts: A study in the comparative orality of Arabic. Unpublished Ph.

Vinay, Jean-Paul, and Jean Darbelnet. Comparative stylistics of French and English: A methodology for translation. Wai-Yee, Poon E. The pitfalls of linguistic equivalence: The challenge for legal translation. Target 14 1 : 75—