Journal articles on the topic 'Common law – terminology'
To see the other types of publications on this topic, follow the link: Common law – terminology.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Common law – terminology.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Komissarov, Mykola, and Natalia Komissarova. "TERMINOLOGY OF CRIMINAL LAW." Law Journal of Donbass 75, no. 2 (2021): 67–73. http://dx.doi.org/10.32366/2523-4269-2021-75-2-67-73.
Full textAbstract:
In this article questions about the expediency of using semantically accurate and clear terms in norm-setting that as correctly as possible denote acts, things, or persons because of the illegal actions or corpus delicti which are described in the relevant article of the Ukrainian Criminal Code are considered. On the example of several articles of current Ukrainian Criminal Code approaches of improving regulatory acts by using successful legal and common terms are being proposed. Criteria that could be a foundation when creating and improving legislation in general and criminal in particular being considered. Being proposed particular, more accurate, terms for replacement of the current, but not appropriate terms. Emphasis is placed on that each legal act should be write down very clear for ordinary people to increase the efficiency of positive criminal liability institution. Being determined main types of misuse of terms, which includes the use of terms without considering their content load by lawmakers; lawmakers' use of terms taking into account pre-determined actions that are not reflected in the body of the law but are marked by an unfortunate term, or use specific terms where their use is inappropriate. Taking everything above into account and considering the prevalence of legal terminology outside the professional community, questions related to the accuracy, intelligibility, simplicity, clarity of legal language are emphasized, in particular terminology of criminal law. Works of the most popular scientists whether in the field of legal terms or in the field of criminal law are analyzed. It is argued that the clarity of the legal norm, criminal law, in particular, will avoid arbitrariness and abuse by law enforcement agencies and more effectively implement the concept of positive criminal liability in society.
2
Lilleholt, Kåre. "Notes on the Proposal for a New Directive on Consumer Rights." European Review of Private Law 17, Issue 3 (June 1, 2009): 335–43. http://dx.doi.org/10.54648/erpl2009023.
Full textAbstract:
Abstract: The author asserts that the proposal for a new horizontal directive on consumer rights offers no substantial improvements to consumer protection while the full harmonization clause of the proposal will result in a reduced level of protection in all Member States. Surprisingly, the proposal makes little use of the terminology of the Draft Common Frame of Reference (DCFR). Resumé : L’auteur estime que la proposition de directive horizontale relative aux droits des consommateurs n’apporte aucune amélioration notable à la protection des consommateurs. Au contraire, l’harmonisation complète prévue par cette directive aura pour conséquence de réduire leur niveau de protection actuel dans tous les États membres. Étonnamment, la proposition de directive s’inspire très peu de la terminologie employée par le projet de cadre commun de référence. Zusammenfassung: Der Autor stellt fest, dass der Vorschlag für eine neue horizontale Verbraucherrechtsrichtlinie keine wesentlichen Verbesserungen des Verbraucherschutzes bewirkt. Die Vollharmonisierung führt vielmehr zu einer Absenkung des Verbraucherschutzniveaus in allen Mitgliedsstaaten. Überraschenderweise nimmt der Vorschlag wenig Bezug auf die Terminologie des Draft Common Frame of Reference (DCFR).
3
Anisimova, A. G., and M. A. Arkhipova. "English Law Terms: Optimizing Education Process." MGIMO Review of International Relations, no. 4(37) (August 28, 2014): 294–99. http://dx.doi.org/10.24833/2071-8160-2014-4-37-294-299.
Full textAbstract:
The article focuses on the terminology of English law as a system. It deals with the main specific characteristics of the English legal terminology and studies the systemic nature of the terminology of Criminal Law. Nowadays, an increasing role of the study of professional language (Language for Specific Purposes) is obvious since it is a means of dissemination and exchange of professional information and a means of communication in the professional discourse. It is a system of terms that constitutes the core of the Language for Specific Purposes. The study of terminology is of paramount importance for the legal sphere of human activity where the accuracy of interpretation plays a very substantial part. Legal terms have a number of specific characteristics, such as: abstract nature of legal notions; introduction of new terms by regulatory organizations; an important role of judicial interpretation in constituting shades of meaning of a legal terminological unit; and the fact that a legal term may belong to a particular area of Law, which makes it possible to refer it to the category of general legal, branch-wise, or inter-branch vocabulary. Every term has its particular place among other elements of a system and is related to them in a particular way. A terminological system should be considered as a whole, and there are particular hierarchical relations between its elements. Within a terminological system, it is possible to seta hierarchy of generic and specific terms that can form the so-called semantic field. One of the features demonstrating the systemic links within a terminology is the existence of some typical structural models, according to which terms are coined. An important criterion is the predominance ofterminological word-combinations of a certain type. For example, in the terminology of Criminal Law the models Noun + Preposition + Noun and Adjective + Noun are the most common structural models. Another important criterion of a systemic nature of terminology is the existence of antonymous relations between terminological units. Undoubtedly, systemic approach to terminological studies allows optimizing the learning process.
4
Pozzo, Barbara. "Harmonisation of European Contract Law and the Need of Creating a Common Terminology." European Review of Private Law 11, Issue 6/6 (December 1, 2003): 754–67. http://dx.doi.org/10.54648/erpl2003048.
Full textAbstract:
Abstract: The third contribution to the symposium held at Ghent addresses the issue of a common legal terminology in Europe. In doing so, the author also presents first results of a research into that question undertaken last year. In particular, she discusses the following topics: the concept of contract; defects of consent; the discharge of a contractual relationship; and the impact of Community directives.
5
Pejovic, Caslav. "Civil Law and Common Law: Two Different Paths Leading to the Same Goal." Victoria University of Wellington Law Review 32, no. 3 (August 4, 2001): 817. http://dx.doi.org/10.26686/vuwlr.v32i3.5873.
Full textAbstract:
"There are many ways to skin a cat".While there are many legal issues which are dealt with in the same way by the civil law and Common Law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts and terminology. This paper does not deal with theoretical examination of differences between the common law and the civil law, but focuses rather on various distinctive features of civil law and common law, with several illustrations of resulting differences in both substantive law and procedural law. These differences are not examined in detail as they should serve only as illustration of those differences. The paper does not enter into polemic as to which legal system is better and what are the advantages of common law or of civil law. The purpose of this short study is simply to highlight some of the main conceptual differences between common law and civil law systems, and to explore the possibilities of reconciling of some of those differences.
6
Künnecke, Martina. "English as Common Legal Language: Its Expansion and the Effects on Civil Law and Common Law Lawyers." European Review of Private Law 24, Issue 5 (October 1, 2016): 733–57. http://dx.doi.org/10.54648/erpl2016044.
Full textAbstract:
English has become the common language in a globalized legal world. However, the far-reaching consequences of the domination of key areas of the international practice of law by legal English are not yet fully understood and analysed. This article is concerned with an analysis of the expansion of legal English in global legal practice. This area has also been described as the ‘Law Market’, i.e. the area of activities of global lawyers in coping with the regulatory and legal frameworks in which international businesses function.’2 Much of the existing research into legal English as a common language is concerned with the development of legal English as a vehicle language for non-native English speakers in the sense of a lingua franca.3 The discussion is divided into either promoting the use of legal English as global language4 or pointing to its limitations ‘in that its legal terminology is premised on the tools of the (minority) common law system’5. This article aims to assess the interface and dynamics between lawyers using legal English as a common language as well as foreign languages in their legal work. This includes lawyers trained in the common law and/or civil law. Its aim is to gain a better understanding of global lawyering and communication in law and business relationships and to develop strategies for the internationalization of legal education and training in the UK.
7
TURCHYN, I., N. DUBNEVYCH, and L. HUNYA. "LEGAL TERMINOLOGY TRANSLATION IN THE TRAINING OF LAW STUDENTS: DIFFICULTIES." Current issues of linguistics and translations studies, no. 27 (April 27, 2023): 118–22. http://dx.doi.org/10.31891/2415-7929-2023-27-28.
Full textAbstract:
The article presents certain difficulties in translating legal terms in training future lawyers. The translation of legal terminology is a comprehensive process that involves knowledge of grammar, common and legal vocabulary, words and phrases of Latin origin, and others. Definitions of «legal terminology», «legal term» and «legal translation» are highlighted. It is stated that legal translation requires a translator’s awareness of the laws, culture, history, national traditions of the source language and the target language in order to reproduce the source information of the target language adequately and fully. The importance of translation dictionaries of legal terminology is emphasized. It is highlighted that information in the third edition of «Documents of the Consultative Council of European Judges» is available in English and Ukrainian. The educational tutorial “Comparative Judicial Law” in the Ukrainian language, which contains information for a full understanding of the judicial system for translating terms has been analyzed. The difficulties of rendering words of Latin origin, passive voice, and clichés are analyzed on the basis of the court case «Francisco Cunanan Pamintuan, Petitioner v. Department of the Navy». It should be remembered that Latin words and phrases are often not translated. The court-presented examples may be used without modification, however, it is advisable to explain or translate them when using them in foreign language classes. One has revealed the methods of translation of legal terms-realities, which are non-equivalent lexical units, as it is difficult to reflect the national identity of a certain country and to find an equivalent that conveys stylistic and semantic nuances in the text of the source language. It has been made clear how important it is to understand the laws, customs, and culture of both one’s own country and the native speaker’s country. It is emphasized that lawyers who work with foreign clients or help Ukrainians who have partners abroad must understand linguistic problems and know legal terms in the process of communication. It is noted that a promising area for the education of law students is the compilation of explanatory and translation dictionaries, which will also help to further lexicography.
8
YAKOVLEVA, Olga, and Yulianna TSVIETKOVA. "The Forming of the Modern Legal Terminology in Hebrew: Methods and Other Legal System Influence." Linguistic and Conceptual Views of the World, no. 75 (1) (2024): 24–35. http://dx.doi.org/10.17721/2520-6397.2024.1.02.
Full textAbstract:
The article is dedicated to the peculiarities of the legal terminology formation, which took place in the process of the restoration of the Hebrew language and its becoming the official state language of the modern Israel. The legal system of Israel has been created during XX century, after near two-thousand-year period of its existence without own state, being limited to the small community’s common and religious law in different languages only. Thus, creation of the own state has demanded not only to adapt the legal institutes, but to develop new actual terminology in the new official state language. But the terminology complex of the Hebrew was based on the ancient language sources, so creation or adapting of the classic Hebrew words for the definition of the modern legal terms became a great scientific challenge. In the article we conclude, that new lexemes were not created in the process of the Israel legal terminology formation, but the old texts words were chosen, usually with some rethinking and reinterpretation of its meanings. This approach provides the possibility to avoid direct borrowing of the terms, which is a typical process in the reception of law in other states. Despite the fact that, in addition to the English Common Law, the formation of Israel’s legal system was influenced by the Ottoman and Romano-Germanic law, concepts from the English legal system were taken as the basis for the selection of many basic terms. The terms creation was not limited to formal denomination only. Often the process becomes more substantive, noticing the etymology, the content of the legal institute and the mechanisms of the practical law-enforcements. After this deep scientific work of the linguists and lawyers Hebrew terminology of the Israel legal system fully expresses the content and the scope of the concepts of the relevant legal institutes.
9
Kozanecka, Paulina. "Chinese Legal Terminology in European and Asian Contexts Analysed on the Example of Freedom of Contract Limits Related to State, Law and Publicity." Studies in Logic, Grammar and Rhetoric 53, no. 1 (March 1, 2018): 141–62. http://dx.doi.org/10.2478/slgr-2018-0008.
Full textAbstract:
Abstract The aim of this research was to analyse Chinese legal terminology related to limits of freedom of contract in juxtaposition with other European and Asian legal systems. The study was limited to state, law and publicity. The purpose of the comparison was to add a broader perspective to the research on Chinese legal terminology. The research material included civil codes and contract laws of selected European and Asian countries. Among the European codes the great ones were obviously included – French, Austrian and German, as well as those of less importance, but still relevant in Europe, such as Italian, Spanish codes or Swiss Law of Obligation, and also codes of Slavic and simultaneously post-socialist countries, like Poland, Czech Republic and Russia. In the case of Asia, the codes of China, Japan, South Korea and Vietnam were analysed. The question asked was whether the terminology used in Chinese law is unique or repeated and if so, how common it is in comparison with other legal systems. The research methods included the parametric approach to legal terminology comparison and techniques of legal construction (interpretation).
10
Vázquez y del Árbol, Esther. "English versus Spanish Procedural Law Terminology and Phraseology: Troublesome Features for Translators." Lebende Sprachen 63, no. 1 (April 3, 2018): 63–83. http://dx.doi.org/10.1515/les-2018-0004.
Full textAbstract:
AbstractLegal translation is increasingly demanded in the professional market.When a translator tackles the translation of a source text from the same law system as to the target text the difficulties encountered may not prove very onerous. Nevertheless, when the translation brief comprises heterogeneous legal systems it places the translator into a difficult translation task. That is precisely the case of Common Law versus Civil Law and the legislation arising therefrom: Procedural Law. In this paper we will explain the features of procedural legal discourse and the tools for providing an adequate translation (English-Spanish/Spanish-English) for the terminology and phraseology identified in our bilingual corpus.
11
Kusik, Przemysław. "Louisiana and Quebec Terminology as a Tool in Polish-English Legal Translation." Studies in Logic, Grammar and Rhetoric 53, no. 1 (March 1, 2018): 163–76. http://dx.doi.org/10.2478/slgr-2018-0009.
Full textAbstract:
Abstract While in the majority of English-speaking territories the dominant legal tradition is common law, in Louisiana and Quebec the native language is English and the legal system stems from continental civil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of English civil law terminology with well-founded conceptual background. The civil codes of Louisiana and Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation.
12
Serbinovskaya, Natalia V., Anna B. Serbinovskaya, and Boris Yu Serbinovsky. "LEGAL CULTURE AND CODIFICATION OF INDUSTRY TERMINOLOGY." Russian Studies in Law and Politics 7, no. 4 (December 30, 2023): 53–69. http://dx.doi.org/10.12731/2576-9634-2023-4-53-69.
Full textAbstract:
The problem of effective practical interdisciplinary and intersectoral application of industry (special) terminologies (including in law enforcement practice) is caused by the chaotic generation of terms and the probabilistic nature of the formation of terminologies. This is partly due to the lack of terminological and legal competencies of industry scientists and practitioners. Therefore, the goal of systematically streamlining industry terminologies, taking into account their interdisciplinary and intersectoral application, is achieved by solving the following problems: analysing of factual material; increasing the efficiency of the process of streamlining and codifying industry terminologies, terminological and legal competencies of industry specialists. The latter is proposed to be linked with the formation of terminological and legal culture and tradition. This makes it possible to achieve greater orderliness of industry terminology, legal clarity and unambiguity of codified terms through the efforts of interdisciplinary groups of scientists and practitioners. The main factual material is related to the use of medical terminology and the “wastewater” terminology system. The following were assessed: terminological and legal culture according to the level of relevant competencies of industry specialists; facts of inconsistent codification of terminologies and the absence of a common organizational cultural tradition of codification of terms and terminologies were analyzed; experience in the use of codified and non-codified terms and terminology systems in law enforcement practice. To solve the research problems, terminological, systemic and other well-known methodologies, methods and approaches were used. It was proposed to: improve the legal and terminological culture of developers of industry terminologies; form a tradition of ordering and codification of terms and terminologies; create interdisciplinary teams of competent specialists to solve codification problems; take into account previously made decisions and the experience of their application in law enforcement practice. A practically significant result is associated with the effective use of ordered and codified industry terminologies in law enforcement practice.
13
Ćorić, Dragana. "About the Plain English movement." Zbornik radova Pravnog fakulteta, Novi Sad 54, no. 1 (2020): 329–51. http://dx.doi.org/10.5937/zrpfns54-26200.
Full textAbstract:
Creating law is a complex process. It stems from the constant learning and refinement of knowledge of law - both theory and practice; from recognizing social reality and attitudes and intentions of members of society, but also knowing the state itselffrom the inside. The ultimate outcomes of the process of creation of law are "sent" to ordinary citizens, in order to understand them and act according to their content. If we translate the result of this process of law-making into clear, precise and common language written rules of conduct that the average citizen can quickly understand, both the law-making process and its results will be more acceptable to end-users. The use of specific legal terminology or other professional terminologies in the legal acts and rules governing the relations between the addressees need not necessarily be the sole and exclusive channel of communication between the law makers and the addressee. Domestic best-known law theorists constantly emphasize the need ofuse everyday, lively, folk language, with properly "dosed"use of professional terminology,with appropriate" translation "of the same terminology in every act into the everyday language of the average person. Only in this way, law will become more understandable, more accepted by the addressee and more respected in the society. In this paper, we introduce the Plain English movement, inspired by use of the simple vocabulary when writing legal acts (only in English-speaking countries). The recommendations and guidelines that prominent representatives of this movement make to their lawyers can be applied also in our, domestic law and in the process of creating our law.
14
Földi, András. "“False Friends” and Some Other Phenomena Reflecting the Historical Determination of the Terminology of Hungarian Private Law." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 33, no. 3 (May 28, 2020): 729–47. http://dx.doi.org/10.1007/s11196-020-09727-4.
Full textAbstract:
Abstract This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith (and fair dealing) conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions (as well as of the legal norms), similar to the Italian terminology (validità v. efficacia). Sometimes the reception of German notions happened in a less successful way (e.g. in the case of negatives Interesse created by Jhering, which can be qualified as a “false friend” in Hungary in comparison with the original German notion). Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures.
15
Liana, Zbigniew. "Philosophical notion of nature and the debate of Moral aspects of new technologie." E-Theologos. Theological revue of Greek Catholic Theological Faculty 2, no. 1 (April 1, 2011): 5–14. http://dx.doi.org/10.2478/v10154-011-0001-6.
Full textAbstract:
Philosophical notion of nature and the debate of Moral aspects of new technologie The paper deals with the problem of a language or terminology that would be appropriate for the interdisciplinary debate about moral issues related with the recent developments of science and technologies. In particular it deals with the appropriate terminology for the articulation of the idea (or intuitions) of normativity of nature. The evidence of historical changes undergone by the notion of nature is used to warrant the thesis, that the traditional notion of natural law, being originally in the Middle Ages only a variant of the notion of law of nature, has lost its original capacity to convey in the interdisciplinary context of dialogue of theology (or religion) with empirical sciences the idea of normative and moral aspects of nature created by God. On the other side it is shown, that this intellectual and emotional alienation of the concept of natural law from the contemporary culture does not need to lead to the disavowal of the idea of normativity of nature. The intuition of normativity is still present in the common experience of nature, what has changed is only the way of its articulation. Today a good candidate for these purposes seems to be the language of ecological values of nature, environmental equilibrium etc. It could provide a stable (and common) to some extent ground, based on the quite common experience of the value of nature, for interdisciplinary debates, where participants endorse different axiological perspectives. Finally, it is discussed, how this ecological (or similar) terminology of normativity of nature fits the fundamental contemporary epistemological idea: the intrinsically hypothetical, probable and conditioned character of every kind of an a posteriori knowledge.
16
Khujakulov, Sunnatullo. "UZBEK AND ENGLISH LEGAL TERMS AND THEIR SPECIFIC LANGUAGE PROPERTIES IN LINGUISTICS." American Journal of Philological Sciences 3, no. 10 (October 1, 2023): 29–42. http://dx.doi.org/10.37547/ajps/volume03issue10-05.
Full textAbstract:
The importance of studying Terminology in the modern world is undeniable, since Terminology is, on the one hand, a link between various fields of knowledge, and on the other hand, it contributes to a clear distinction between concepts. In connection with the rapid scientific and technological progress, it seems necessary to pay due attention to the terminological apparatus of various sciences. Terminology does not stand still, it is constantly evolving, expanding its boundaries. It is studied by both linguists and terminologists -representatives of the relevant fields of science and technology. The terminology of various sciencesis characterized by some common features. At the same time, each scientific terminology related to a particular field of knowledge has its own special features. Legal terminology is of particular interest in this regard; its study allows us to reveal the specifics of this terminological system. Terminological systems are very diverse and far from homogeneous in the nature of the concepts denoted in them. The study of each particular industry terminology system gives rise to new questions. Thus, when studying terminological systems related to those areas of knowledge where it is necessary to designate such categories of concepts as actions and processes, the question arises about the possibility of using verbal lexemes and phrases in the terminological function. Legal terminology is one of the most important areas of Linguistics which requires from researchers and linguists a lot of attempt to discover linguistic features of legal words. The relevance of the topic of the undertaken research is determined by the fact that legal terminology is rightfully considered one of the most significant industry term systems. It should be noted that the terminology of law is widely used not only in the professional environment, but also in other areas of language communication, so there is a great demand for learning the language of law for special purposes. Legal terminology is a unique object of study, as it is characterized by a wide variety of areas of application compared to other terminological systems. In this article, I collect and study some legal terms from the useful sources and analyze from the linguistic point of view.
17
Lazariev, V. V. "Conceptualization of legal terminology: the need for a transparent terminological approach." Law and Safety 84, no. 1 (March 24, 2022): 73–80. http://dx.doi.org/10.32631/pb.2022.1.08.
Full textAbstract:
The article is devoted to the study of the peculiarities of the conceptualization of legal terminology. It has been emphasized that legal concepts are important for the functioning of legal institutions. It has been noted that most of the legal terms aimed at unambiguous and consistent interpretation of legal texts are established in various legal documents. The boundaries of most subject areas are unclear, and their use in different areas of law may lead to the application of different criteria to establish the essence of the term.Attention is drawn to the fact that terminological work traditionally focuses on the organization of concepts and lexical items in a specialized field, in which each term is one concept, and each concept is denoted by one term. The definition of a particular area of law and terms related to that area includes the establishment of both terminological and conceptual boundaries, which allows clear and unambiguous use of the relevant categories. A clear approach to understanding the term contributes to the quality of legislation that affects the stability of state life.It is emphasized that ambiguous terms are used in modern legislation. Given the foreign experience in the context of European Union law, the timing of interdisciplinary concepts seems more appropriate due to the complex relationship between the national law of the Member States and the law of the European Union. Emphasis is placed on interdisciplinary concepts, i.e. concepts or institutions that arise in more than one legal field. More specifically, such concepts may apply to both the national legal system and the law of the European Union. Although the same term is used to denote an interdisciplinary concept, its conceptualization may differ in various areas of law and different legal systems, which may adversely affect the case because there will be no common approach to understanding the term.It is noted that the study of legal terminology should focus on the elements of the legal solution of the real problem.
18
Whomersley, Christopher. "The International Law of the Sea." Korean Journal of International and Comparative Law 7, no. 2 (October 4, 2019): 144–52. http://dx.doi.org/10.1163/22134484-12340121.
Full textAbstract:
Abstract The concept of “historic rights” has been much discussed recently in the light of the arbitral award in the Philippines v. China case. The United Kingdom, as a major maritime power, has had long experience of dealing with claims about such rights and those which are similarly worded. This includes the seminal case of the Anglo-Norwegian Fisheries case in the International Court of Justice, as well as two other international decisions and a judgment of what is now the Court of Justice of the European Union (EU). In addition, the London Fisheries Convention and the European Union’s Common Fisheries Policy seem to employ terminology to similar effect. Finally, it is interesting to speculate about whether claims to historic rights will be made by other EU Member States after BREXIT.
19
Taradonov, Sergey V., and Igor O. Ivanov. "The Improvement of Housing Law Terminology in the Legal Regulation of Apartment Block Management Operations." Family and housing law 6 (December 10, 2020): 44–47. http://dx.doi.org/10.18572/1999-477x-2020-6-44-47.
Full textAbstract:
The article deals with the issues of legal regulation of management of apartment buildings in the Russian Federation, the existing shortcomings of housing legislation in the field of terminology that defines the interaction between objects and subjects of housing relations. The article substantiates recommendations and suggestions for introducing the necessary terms and definitions into the housing legislation in the sphere of management, maintenance and operation of apartment buildings as objects of common property of owners of premises.
20
Kornilina, Polina V. "The doctrine of error in Scotland and the South African Republic." Pravovedenie 67, no. 2 (2023): 137–73. http://dx.doi.org/10.21638/spbu25.2023.202.
Full textAbstract:
he article presents the results of a comparative-legal analysis of the doctrine of error at the contract conclusion in the mixed jurisdictions of Scotland and the South African Republic. The jurisdictions in question were significantly influenced by the continental civil law tradition as well as the common law tradition. The civil doctrine was taken as the basis for the formation of the doctrines of error in the law of Scotland as well as in the law of South Africa and subsequently underwent the influence of common law. In view of this similar doctrine development, both systems face similar problems: namely, the development of criteria for distinguishing a significant error from an insignificant one, as well as determining the exact amount of exemption from obligations assumed by a party to the contract under the influence of a significant error. Thus it is of interest to consider how the mixed nature is reflected in the doctrine of error, to the formation of which legal structures it has led to and to compare how each of the considered jurisdictions manage to solve similar problems arising. The author established a legal analysis of the mixed systems of Scotland and South Africa Republic, noting their proximity. The main issues of the doctrine of error are analysed, in particular, the content of the concepts of “material error” and “justus error” in the law of South African Republic, and the concepts of “essential error” / “error in substantialibus”, as well as “but for” test in Scottish law. The influence of the introduction of misrepresentation (in the terminology of English law) on the doctrine of error (mistake in the terminology of English law) in the legal jurisdictions of Scotland and South Africa is considered. Also the legal consequences of a significant error are analysed. Despite the lack of clear established legal consequences of the significant error in the legal jurisdictions in question, Scottish law stands for voidness, while South African law tends toward voidability.
21
Tatarinov, Matvey K., Nastasia M. Britsyna, and Ekaterina V. Kovshikova. "Common differences between the Anglo-American and Romano-Germanic legal systems as the main extralinguistic factors in verbalization of criminal and criminal procedural law." Филология: научные исследования, no. 6 (June 2020): 9–20. http://dx.doi.org/10.7256/2454-0749.2020.6.33097.
Full textAbstract:
This work examines the fundamental differences between legal systems, defining uniqueness of the Russian-language and English-language criminal legal discourses, which should be taken into consideration during communication. Moving general-to-specific, the authors analyze the main differences at the legal system level, directly impacting translation of criminal procedural terminology (primary source of law, its role in formation of juridical technique, etc.), and concentrate their attention on the unique traits of lingual and non-lingual element (idea of the criminal legal system, ways of verbalization, etc.), characteristic to Russian and Anglo-American criminal legal discourses. The novelty of this research is justified by the fact that extralinguistic factors of legal discourse and their role during representation has only been generally studied, without sufficient work being done on verbalization of criminal legal system in the Russian and English languages. Referring to separate articles of the Criminal Procedure Code of the Russian Federation, the authors propose a way of transmitting the essence of the Russian legal institution of investigation and the stage of preliminary inquiry by means of Anglo-American legal terminology.
22
Kolouch, Jan, Daniel Tovarňák, Tomáš Plesník, and Michal Javorník. "Cybersecurity: Notorious, but Often Misused and Confused Terms." Masaryk University Journal of Law and Technology 17, no. 2 (September 30, 2023): 281–305. http://dx.doi.org/10.5817/mujlt2023-2-5.
Full textAbstract:
The article deals with the issue of the terminology used in the implementation and provision of cyber and information security. Although this terminology is understood as notoriety, practice shows that there are different perspectives on defining "the same". Nowadays, mainly in the context of the adoption of Directive (EU) 2022/2555 of the European Parliament and of the Council on measures to ensure a high common level of cybersecurity in the Union (NIS 2), there is a need for a consistent interpretation and, in particular, understanding of the terminology used so that cybersecurity and information security can be truly ensured. After analyzing and comparing the various definitions, the paper presents clear, general but universally applicable definitions of key terms. The relationship of these terms is presented within a conceptual model and also through a practical example.
23
Britsyna, Nastasia M., Ekaterina V. Kovshikova, and Matvey K. Tatarinov. "Application of cross-system method in translation of criminal procedure terminology from Russian to English." Litera, no. 8 (August 2020): 58–71. http://dx.doi.org/10.25136/2409-8698.2020.8.33635.
Full textAbstract:
This article presents the results of analysis of application of cross-system methods in conveying Russian criminal law and criminal procedure realias in English. The specific examples of Criminal Procedure Code of the Russian Federation illustrate substantial discrepancies in the existing within Russian criminal law systems and Anglo-American type of criminal law system, which cause most difficulties in translation of relevant terminology from Russian into English. Leaning on the considered linguistic and extralinguistic factors, the authors suggest the original solutions of the set communicative tasks. The scientific novelty is substantiated by the absence of the official English version of the Criminal Procedure Code of the Russian Federation, while the need for the corresponding paperwork (request for legal assistance, extradition request, etc.) is significantly growing. The following conclusions are made: criminal procedure discourse of Russian-language and English-language community constructs different and most of the time nonequivalent models of legal reality, which increases the value of comparative jurisprudence for the translator; at the same time, detailed analysis of not only the direct structure of common law and continental law systems, but also methods of their verbalization, allows comprising a more precise portrait of linguistic persona to have an idea of their experience, worldview, thesaurus and other cultural-specific peculiarities that are essential for improving efficiency of communication.
24
Kocbek, Alenka. "Legal terminology at arm's length - the multiple dimensions of legal terms." Linguistica 53, no. 2 (December 1, 2013): 25–37. http://dx.doi.org/10.4312/linguistica.53.2.25-37.
Full textAbstract:
The paper is aimed at shedding new light on the multiple dimensions of legal terms which can be unearthed in the process of terminology mining as a crucial stage in translation. It proposes to view legal terminology from a sociocognitive perspective, according to which terms are perceived as expressing units of understanding based oncognitive frames rather than rendering concepts in their traditional definition. Upon closer scrutiny most of these units reveal significant information regarding their verbal and extra-verbal dimensions. We therefore suggest analysing units of understanding expressed by simple terms, multiple elements terms and phraseology as depositories of knowledge providing information on the text type in which they occur, as well as on there levant area of law, the legal system and the wider culture underlying the text. In this context, terminology mining is not intended merely as extraction of terms, but rather as their analysis, comparison and structuring which reveals aspects such as their multiple embeddedness, as well as their historical, ideological, metaphorical, status-conferringand common Latin dimension.
25
Sabolova, Drahomira, and Martina Kasova. "On translating lexical units lexical units in the social sphere (family manuals)." Rusin, no. 68 (2022): 224–35. http://dx.doi.org/10.17223/18572685/68/11.
Full textAbstract:
The article provides a comparative analysis of some lexical units used in the social service. The focus is on the vocabulary of family support (both terms and common lexical units). The social sphere in some countries is connected with the legal system, includes many services, various structures, as well as all kinds of measures and offers. For this reason, when translating specialized texts, it is not only important to know how to translate (translation technique), but also to be aware of extra-linguistic factors, because the translation is not only a language transfer, but also the translation of realities, necessary information, and terminology. The article emphasizes the importance of intercultural aspects when analysing vocabulary through the comparison of social law systems of three German-speaking countries - Germany, Austria, and Switzerland -with those of the Slavic world (Slovakia, Russia, Czech Republic). The research reveals significant differences in the terminology of the countries with German as their official language, especially between Germany and Switzerland, and a high degree of similarity between Slovak and Czech terminology.
26
Kuzmanova, Nikoleta. "For certain executive action in the Penal Code." Law Journal of New Bulgarian University 17, no. 2 (April 21, 2022): 10–27. http://dx.doi.org/10.33919/ljnbu.21.2.1.
Full textAbstract:
Numerous changes in the Penal Code over the last 30 years, which have been made at different times and for different reasons, have led to significant casuistry in the linguistic description of the executive act. The replacement of legal terminology with words from the colloquial Bulgarian language created a normative paradox – describing one and the same prohibited behavior in one or different types of crimes through synonyms from the Bulgarian language. The adoption of legislative practice for the literal reproduction of terminology from international acts and acts of European Union’s law, which are subject to introduction into criminal law, has further aggravated this problem. Overcoming it is essential for the proper application of criminal law, as it has direct connection with the differentiation of the scope of the various forms of the act. In some cases it turns out impossible even though a significant volume of interpretive activity has been done. Moreover, the inconsistent use of the same descriptions of executive acts, in view of the differences in other constituent features, also leads to different meanings of the same term in the composition of different crimes. The present study focuses only on some of these cases, grouped by the basis of their common starting point for their criminal law content – “accept – receive – acquire”; “holds – stores – carry over – ships – transports” and “transports across the border – imports – exports”.
27
Sapunaru, Raquel Anna, and Gabriela Fernandes. "What we think we know about newton’s principia." EDUCA - Revista Multidisciplinar em Educação 5, no. 12 (December 27, 2018): 171. http://dx.doi.org/10.26568/2359-2087.2018.2859.
Full textAbstract:
In this article we examine some of the most controversial points in Newton's Principia regarding the contemporary interpretation: the assumed circularity of Definition I, the difference between vis insita and vis inertia, Law I and Law II. The main goal of this work is to offer a wider view of Newton’s writings and provide a historic philosophical approach to the physics teachers which will certainly be useful in physics teaching. We also discuss the modern terminology compared to the one used by Newton himself. Our main concern is to aid the deconstruction of preconceived ideas regarding the Principia which are fairly common among physics teachers.
28
Riboulet-Zemouli, Kenzi. "‘Cannabis’ ontologies I: Conceptual issues with Cannabis and cannabinoids terminology." Drug Science, Policy and Law 6 (January 2020): 205032452094579. http://dx.doi.org/10.1177/2050324520945797.
Full textAbstract:
Objective Identify a coherent nomenclature for Cannabis sativa L. derived products and their analogues. Design Research undertaken in parallel to the three-year assessment of Cannabis derivatives by the World Health Organisation. The scope is limited to Cannabis products intended for human incorporation (internal and topical consumption). Primarily embedded in pharmacognosy, the study incorporates a wide range of scholarly and grey literature, folk knowledge, archives, pharmacopœias, international law, field pharmacy, clinical and herbal medicine data, under a philosophical scrutiny. Generic and Cannabis-specific nomenclatural frames are compared to determine the extent to which they coincide or conflict. Results All lexica reviewed use weak, ambiguous, or inconsistent terms. There is insufficient scientific basis for terms and concepts related to Cannabis at all levels. No sound classification exists: current models conflict by adopting idiosyncratic, partial, outdated, or utilitarian schemes to arrange the extraordinarily numerous and diverse derivatives of the C. sativa plant. In law and policy, no clear or unequivocal boundary between herbal and non-herbal drugs, nor natural and synthetic cannabinoids was found; current nomenclatures need updates. In science, the botanical Cannabis lexicon overlooks parthenocarpy, and wide disagreement remains as to the taxonomy and systematics of the plant; chemical research should address differences in kinds between synthetic cannabinoids; pharmacopœias include little information related to Cannabis, and disagree on broader classes of herbal medicines, virtually failing to embrace many known Cannabis medicines. Since existing products and compounds fail to be categorised in an evidence-based manner, confusions will likely increase as novel cannabinoid compounds, genetic and biotechnological modifications surge. Conclusions The lack of clarity is comprehensive: for patients, physicians, and regulators. This study proposes an update of terms at several levels. It points at gaps in morphological descriptions in botany and pharmacognosy and a need for a metaphysical address of cannabinoids. Methods of obtention are identified as a common criterion to distinguish products; the way forward suggests a mutually exclusive nomenclatural pattern based on the smallest common denominator of obtention methods. In the context of a swelling number of Cannabis products being consumed (be it via medical prescription, adult-use, ‘hemp’ foodstuff and cosmetics, or other purposes), this study can assist research, contribute to transparent labelling of products, consumer safety and awareness, pharmacovigilance, medical standards of care, and an update of prevention and harm reduction approaches. It can also better inform regulatory policies surrounding C. sativa, its derivatives, and other cannabinoid-containing products.
29
Kryvak, T. "THE ISSUE OF VARIANCE IN TRANSLATION OF TERMS IN THE FIELD OF CRIMINALISTICS AND FORENSIC EXAMINATION." Criminalistics and Forensics, no. 66 (2021): 200–215. http://dx.doi.org/10.33994/kndise.2021.66.17.
Full textAbstract:
The article deals with the features of translation of terms in the field of criminalistics and forensic examination and the issue of variance that arises in the process of translation. It is noted that variance in the translation of terms in the field of criminalistics and forensic examination is both a positive and a negative phenomenon. However, the emergence of variance, as practice shows, is a prerequisite for the acquisition of an exact and unambiguous equivalent in language, depending on the context. The article indicates that the translation of terminology in the field of criminalistics is of particular interest, since the language of law, as a language of professional communication, has a vivid national specificity, due to the legal realities of national legal systems. Therefore, in the case of translations from English into Ukrainian and from Ukrainian into English, one should take into account the difference between the common law system, which is applied in English-speaking countries, and the civil law system, which also includes the Ukrainian legal system. The lexical transformations that are used when translating terms are analyzed and the need to achieve the effect of meaningful and contextual identity when translating terms is determined. It is concluded that as criminalistics and forensic examination develop, there is a rethinking and transformation of existing terminological units. Moreover, international cooperation has a beneficial effect on the work of not only terminologists, but also criminologists and forensic experts, since the unification of terminology facilitates communication between specialists. Terminology serves as the basic conceptual apparatus for any field of knowledge, and forensic science is no exception.
30
Vecchiato, Virginia. "Definition as a Genre in Three Legal Systems: A Comparative Analysis." Comparative Legilinguistics 44, no. 1 (December 1, 2020): 65–92. http://dx.doi.org/10.2478/cl-2020-0012.
Full textAbstract:
Abstract This paper aims at comparing the definition of ‘trademark’ in three different legal systems – EU law, international law and US common law – in order to identify the discoursal, generic and textual characteristics of definition as a genre. The selected corpus of analysis is made up of three definitions from EU Regulation 2017/1001, WTO Agreement on Trade-Related aspects of Intellectual Property Rights (TRIPS) and US Lanham Act (sec.45) and of several US cases from 1926 to 2019. The theoretical framework within which the analysis is carried out is the seminal work on definition as carried out by Richard Robinson (1954) and Harris and Hutton (2007). The approach is mainly linguistic, though a historical excursus on the concept of definition is provided as a necessary introductory premise. The findings demonstrate that EU legal texts are characterised by a hybrid style (Robertson 2010) which results from the combination of common law and civil law textual features. The analysis of the definitional sections here displayed supports this point and confirms that EU term formation and definition are text-driven (Šarčević 2016). EU legal texts in their English version originate from the dynamic combination of two aspects: one connected to EU legal English – which is not common law English – and one connected to matters of terminology, syntax and general structure which has a French origin.
31
Knohl, Israel. "THE GUILT OFFERING LAW OF THE HOLINESS SCHOOL (NUM. V 5-8)." Vetus Testamentum 54, no. 4 (2004): 516–26. http://dx.doi.org/10.1163/1568533042650813.
Full textAbstract:
AbstractIt is common to take the law of Num. v 5-8 as being basically a repetition of the law of Lev. v 20-26 with one innovation. The author rejects this commonly held view, and argues that the two laws stem from different priestly schools and represent opposite conceptions with regard to to the relationship of cult and morality. Lev. v originated in the Priestly Torah (P) and reflects the sharp distinction made by this school between cult and morality. Num. v stems from the Holiness School (H) and reflects the ideology of this later priestly school that combines morality and cult by broadening the concept of holiness. The new ideology is best expressed in Lev. xix and it is reflected in the contents and terminology of the law of Num. v 5-8.
32
Neves, Marco. "EUROPEAN UNION LAW IN TRANSLATION: CORE PRINCIPLES AND USEFUL TOOLS FOR UNDERGRADUATE TRANSLATION COURSES." Current Trends in Translation Teaching and Learning E 10 (December 27, 2023): 109–31. http://dx.doi.org/10.51287/cttl20235.
Full textAbstract:
The translation of European Union (EU) law can be seen as a specific case of international law translation and thus relevant only to legal translators. The author argues that concepts related to EU law and tools developed by the EU to support translators should be taught as early as possible to all undergraduate students of translation. This is due to two specificities of European law: it covers a great range of different areas, many of them of a technical nature, thus being useful to many (if not all) translators outside the legal field; and it is mentioned in many non-legal texts, from catalogues to journalistic texts. Therefore, professional translators are bound to find references to EU law throughout their careers and should know how to deal with them and how to avoid common pitfalls. Furthermore, tools created by the European Union — terminology tools, publicly available translation memories, and provision of legislation in multilingual format — are very useful to any translator and knowing how to use them is a skill essential to translation professionals. This study will make suggestions for teaching principles, tools and common sources of translation errors related to EU law to students who do not have any form of legal training. Keywords: EU law, legal translation, European translation, translation teaching
33
Phadnis, Sameer. "Issues and Challenges for Epidemic Diseases Act of India, 1897: A Literature Review." National Journal of Community Medicine 14, no. 08 (August 1, 2023): 534–39. http://dx.doi.org/10.55489/njcm.140820233073.
Full textAbstract:
The current pandemic of COVID-19 has brought forth issues salient to the epidemic diseases act of India, 1897 like ambiguous terminology, lack of defined criteria for its application, and dearth of features regarding adequate response to threats arising due to communicable diseases for public health. The public health law has an important role in the control of communicable diseases. Constraining individual rights is inherent to public health law which necessitates striking a balance between the coercive aspect of public health law and the common good. Adhering to ethical principles relevant to public health law and valid limitations on human rights as per international covenants is imperative for public health law. A tabular summary of articles published about the epidemic diseases act, of 1897 highlights the need for urgent reform in the legislation. Suggestions to achieve congruence between the epidemic diseases act of India, 1897, and ethical principles for public health law are provided.
34
Hrytsai, S. "Conceptual series - virtual actives." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 313–17. http://dx.doi.org/10.24144/2307-3322.2022.70.49.
Full textAbstract:
The article conducts a study of the terminology apparatus, which is applied to the latest technologies that are currently actively used on the Internet as elements of «e-commerce», and have a common generalizing name – cryptocurrency. In order to comply with the provisions of paragraph 1 of Section VI of the Law 2074 and to implement the Law of Ukraine No. 2074-IX, the Supreme Rada of Ukraine on 13.03.2022 registered draft law No. 7150 with amendments to the Tax Code of Ukraine. Currently, in Ukraine, the virtual asset market is actually already formed and exists for about five years, but is completely outside the legal framework of the state. primary financial monitoring of measures to combat the legalization of funds obtained by criminal means, terrorist financing and proliferation of weapons of mass destruction. The newest terminology apparatus is considered, in that case in the legal field of Ukraine, from the point of view of etymology and the content of their concept - thereby defining their suitability as a modern legal definition. According to the results of the study, it was concluded that in Law 2074 the leading legal definition of a «virtual asset», firstly, does not express the field of its application, as to a greater extent – financial; secondly, it does not correspond to the well-appointed definitions of the component word «asset»; Thirdly, in its natural essence has features inherent in the term – technology. In this regard, we consider it more expedient in Law 2074 to adopt the name of the main legal definition as virtual financial technologies or digital financial technologies.
35
Fuglinszky, Ádám, and Réka Somssich. "Language-bound terms—term-bound languages: the difficulties of translating a national civil code into a lingua franca." International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique 33, no. 3 (May 22, 2020): 749–70. http://dx.doi.org/10.1007/s11196-020-09704-x.
Full textAbstract:
Abstract The present paper—taking the example of the English translation of the Hungarian Civil Code of 2013—aims to give an overview on the legal and terminology-related challenges and pitfalls that might occur during the process of translating a civil code with civil law traditions into the language of the common law world. An attempt is made to categorise terminology-related conceptual problems and elaborate how the different types of translation methods (functional equivalence, paraphrasing and neologism) could be applied; moreover, how a kind of legal-linguistic checks-and-balances can be achieved through the well-dosed combination, having also the ratio of similarities to differences (SD-ratio or SD-relationship) of legal concepts behind the respective terms in mind. Legal translators must act beyond the role of a simple translator: they must be comparatists, being aware of the legal origin of the relevant concepts and using the methods of comparative private law and translation studies at the same time, since both law and language are system-bound and are heavily influenced by the cultural and social environment. The authors strive to identify the significance of those problems (and possible solutions) from the perspective of how language-related aspects can perform some fine-tuning on the comparative methodology and findings, whether they are barriers only or provide also an opportunity to verify or refute prima facie comparative results. Comparative law—no doubt—supports legal translation, but their relationship is reciprocal: legal-linguistic subjects and problems emerging in the course of legal translation supply valuable feedback and further sources of inspiration.
36
Doris, Martin J. "The Continued Resonance and Challenge of the “Ius Commune” in Modern European Contract Law." International Journal of Legal Information 34, no. 2 (2006): 391–418. http://dx.doi.org/10.1017/s0731126500001530.
Full textAbstract:
The need for a more consistent and coherent European contract law is a current priority of the EC institutions. Despite decades of pointillistic legal harmonization, cross border transactions within the Internal market of the European Union continue to take place in the shadow of divergent procedural and substantive law rules, differing legal cultures and significant linguistic diversities. Whilst national contract law systems function more or less efficiently internally, it is their partial non-compatibility with other Member States’ private laws that provokes isolated distortions on the market. As a consequence, the European Commission has presented its ‘Common Frame of Reference’ research strategy aimed at fostering common contract law principles, model rules and uniform legal terminology, which, it is believed, will better facilitate commercial actors. The European Parliament has moved a step further by lending institutional credibility to the case for a European civil code. However, this clamour for codification of private laws – an idea premised on two formalisms, legal and economic – has in many respects overlooked the mechanics of modern commercial contracting in particular, the importance of contract drafting and the complex negotiations that lead to deals both domestically and cross border. This paper therefore provides an alternative assessment of the development of a Europeanius commune,or ‘common law’ of contract, and considers the urgency of improved means of legal information exchange in order to better facilitate the ongoing harmonization effort.
37
Sellers, Mortimer. "Republican Authority." Canadian Journal of Law & Jurisprudence 5, no. 2 (July 1992): 257–73. http://dx.doi.org/10.1017/s0841820900001417.
Full textAbstract:
The proper jurisdiction of lawful authority has always been a central issue in Anglo-American jurisprudence. English and American legal institutions both grew out of a seventeenth-century British culture that valued liberty, and sought to defend it legally by carefully defining the scope and purpose of lawful authority. Yet after 1776 the two nations diverged. This paper will evaluate English conceptions of legal authority from an American perspective. My thesis is that English lawyers discuss the authority of law in language developed to counter seventeenth- and eighteenth-century European revolutionary thought. British reactions to the English, American and French Republics preserved Hobbesian conceptions of legal authority that still influence common-law jurisprudence today, and mislead English-speaking lawyers who have adopted British terminology. I will suggest a more precise vocabulary, and use it to criticise certain positivist conceptions of the authority of law.
38
Silalahi, Udin. "SINGLE ECONOMIC ENTITY: Kajian Hukum Persaingan Usaha di Indonesia." JURISDICTIE 9, no. 1 (June 30, 2018): 1. http://dx.doi.org/10.18860/j.v9i1.4903.
Full textAbstract:
Single economic entity doctrine has just been applied in Indonesia. KPPU applied this doctrine in the Temasek case. This application becomes controversial among law practitioners, exactly between lawyers and KPPU. Single economic entity doctrine has been well-known in the terminology of competition business law meanwhile some law practitioners argued that this doctrine is not common yet in Indonesia. This article discusses and elaborates whether the competition business law in Indonesia has been regulated and how KPPU applies the aforementioned doctrine based on the competition business law in Indonesia. This article is normative using library research. There are three approaches used in the article; they are the act, the case, and the conceptual approaches. The result shows that single economic doctrine is implicitly regulated in the Act No. 5 Year 1999. KPPU has applied the act and decided that Temasek Group contravened the Article 27, the Act no. 5 Year 1999 about share cross ownership.
39
Boosfeld, Kristin. "Boosfeld, Kristin, Die beiden Statutenlehren Geschichte eines rechtshistorischen Missverständnisses." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 136, no. 1 (June 26, 2019): 76–93. http://dx.doi.org/10.1515/zrgg-2019-0003.
Full textAbstract:
Abstract The two theories of statuta, History of a misunderstanding. Most German legal historians have heard of a late medieval theory of statuta. However, different views exist as to the content of this theory. Some view it as a theory providing rules on which of several conflicting local laws to apply. Others, in contrast, understand it as a theory on the relation of local laws with the (Roman) common law. The roots of this ambivalence go back to the work of the controversial legal historian Franz Wieacker who used the terminology of theory of statuta for a different phenomenon than his colleagues all over Europe at the time.
40
MANEA, Laura. "The responsibility of teachers for deviations from professional ethics in the regulation of law no. 1/2011. Practical aspects." SERIES VII - SOCIAL SCIENCES AND LAW 13(62), no. 2 (January 26, 2021): 43–48. http://dx.doi.org/10.31926/but.ssl.2020.13.62.4.6.
Full textAbstract:
In the current regulation of the Law of national education no.1/2011 is granted a special section for deviations from the university ethics, a section distinct from the section of disciplinary deviations. The common element that creates also confusion in practice between the two types of responsibilities is the similar terminology used by the legislator"disciplinary sanctions”in both section, although analyzing the administrative research procedures established in the two sections, we find a different legal regime both in terms of the activity of the two commissions of research, as well as of the documents issued following the procedures.
41
Radov, Vladislav. "Postclassical Understanding of Causation in Law: Civil and Criminal Liability." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2021, no. 3 (October 8, 2021): 259–69. http://dx.doi.org/10.21603/2542-1840-2021-5-3-259-269.
Full textAbstract:
Causation is the most difficult legal issue. For every theory of causation, there is a case that breaks it. Meanwhile, doctrinal disputes are aggravated by the increasingly complicated contradictions of judicial practice in civil and criminal cases. Attorneys tend to give the matter of causal link between the behavior of the offender and the resulting consequences to experts, thereby shifting their responsibility for resolving the legal issue (corpus delicti). Researchers still refuse to use the achievements of postclassic philosophy in legal causation. Even modern publications often feature out-of-date examples and arguments that postulate necessity and objectivity of legal causality. The author used the postclassical theory of law to illustrate the structure of the causal relationship for legal responsibility. The present article covers various issues of terminology, discrepancies, causality and guilt, casuistry and its formalities, common sense, etc. Based on the latest domestic and foreign research in civil and criminal law, the key thesis reads as follows: "a causal relationship is a legal construct".
42
Platschek, Johannes. "Ex iure manum conserere: Symbolic violence in early Roman property disputes." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 74, no. 3-4 (2006): 245–60. http://dx.doi.org/10.1163/157181906778946047.
Full textAbstract:
AbstractThe technical term ex iure manum conserere known from the formulas of the old Roman procedure concerning ownership (legis actio sacramento in rem) means – exactly as in the words' common use – 'to come to blows according to the law'. It signifies an act of mutual violence regarding the thing in dispute for the purpose to prepare a trial. The judicial decision about who was entitled to use force is indirectly an acknowledgment of ownership. The terminology is in line with other institutes of Roman law, and there are parallels in Greek law. In contrast, Gellius interprets ex iure in opposition to in iure and therefore as 'out of court'. He explains manum conserere with reference to the procedure as it had already developed, viz. 'to seize the object jointly and claim it with the prescribed wording'. But his reconstruction is neither consistent nor supported by any other evidence.
43
Likwornik, Helena, Jason Chin, and Maya Bielinski. "The diverging dictionaries of science and law." International Journal of Evidence & Proof 22, no. 1 (August 29, 2017): 30–44. http://dx.doi.org/10.1177/1365712717725536.
Full textAbstract:
Scientific evidence is easily misunderstood. One of the most insidious instances of misunderstanding arises when scientific experts and those receiving their evidence assign different meanings to the same words. We expect scientific evidence to be difficult to understand. What is unexpected, and often far more difficult to detect, is the incorrect understanding of terms and phrases that appear familiar. In these circumstances, misunderstandings easily escape notice. We applied an evidence-based approach to investigating this phenomenon, asking two groups, one with legal education and one with scientific education, to define five commonly-used phrases with both lay and scientific connotations. We hypothesised that the groups would significantly diverge in the definitions they provided. Employing a machine learning algorithm and the ratings of trained coders, we found that lawyers and scientists indeed disagreed over the meanings of certain terms. Notably, we trained a machine learning algorithm to reliably classify the authorship of the definitions as scientific or legal, demonstrating that these groups rely on predictably different lexicons. Our findings have implications for recommending avoidance of some of these particular words and phrases in favour of terminology that promotes common understanding. And methodologically, we suggest a new way for governmental and quasi-governmental bodies to study and thereby prevent misunderstandings between the legal and scientific communities.
44
Tomashevski, K. L. "Problems of Costitualization of Labour Legislation in Eurasian Economic Union Member-States." Russian Journal of Legal Studies 3, no. 4 (December 15, 2016): 86–95. http://dx.doi.org/10.17816/rjls18203.
Full textAbstract:
In the article with support on scientific ideas of scientists in area of constitutional and labour law a concept «constitualiza- tion of labour legislation» is analysed and determined. An author conducts the comparative analysis of both part of terminology of national legislation of states-members of the Eurasian economic union (in regard to categories a «labour legislation», «legislation, is about labour») and constitutional norms, relating to grow labour right, exposes between them common and special. On the basis of comparison of constitutional positions and norms of national legislation of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia certain retreats are shown from constitutional and simultaneously universally recognized principles of international law in the field of labour as principles of prohibition of force labor, freedom of association, and also right on a strike.
45
Gvelesiani, Irina. "COMPARATIVE ANALYSIS OF TERMS RELATED TO “WILLS” AND “TRUSTS” IN GEORGIAN AND ENGLISH LANGUAGES (ACCORDING TO “THE CIVIL CODE OF GEORGIA”, “COMMON LAW” AND THE LAW OF THE UNITED STATES OF AMERICA)." Latgale National Economy Research 1, no. 3 (June 23, 2011): 89. http://dx.doi.org/10.17770/lner2011vol1.3.1807.
Full textAbstract:
Problems associated with the transference of the property acquired pressing urgency with the change of political life of Georgia (from Socialism to Capitalism). The drastic changes of Georgian political and economic systems cause the creation of new institutions. On-going processes influence the sphere of law and its terminology. The establishment of new legal institutions facilitates the emergence of the so-called “empty gaps” – the unnamed elements of the system of concepts. Therefore, it is of particular importance to formulate the system of basic terminological units and clarify their precise meaning. The given paper offers the comparative analysis of the terms related to “wills” and “trusts” in Georgian and English languages according to the data of the contemporary monuments of law. It shows the similarities and differences of Georgian and English terminological systems. Therefore, the necessity of the creation of new lexical units (in order to “fill” the so-called “empty gaps”) is singled out and revealed.
46
Addai, Hussein Samir, and Methaq M. Ismail. "Thematic characteristics of the modern vocabulary of state correspondence in the Russian language." Al-Adab Journal 2, no. 144 (March 15, 2023): 117–30. http://dx.doi.org/10.31973/aj.v2i144.4032.
Full textAbstract:
The official vocabulary of Russian state correspondence is characterized by a high level of saturation with diplomatic terminology and terminology of international law, as well as standardized speech turns.
Special vocabulary is the main core around which the whole document is built in lexical terms from the point of view of belonging to the style. It can include the names of diplomatic institutions, bodies, procedures, officials, diplomatic documents and their parts, etc. The proportion of each lexical layer is not the same. If the common vocabulary makes up the majority of the elements, then the special vocabulary is the "diplomatic background" of the document.
In order to investigate the composition of the official vocabulary of Russian state correspondence as a special fragment of diplomatic discourse, it is necessary to dwell in more detail on the question of the thematic groups that are part of it. The formation and development of each lexical macro group is determined by a number of factors, which include the state of language in society and the level of development of the corresponding functional styles.
47
Popova, Elena P. "SEMANTIC SHIFT AS A SOURCE OF LEGAL TERMINOLOGY DEVELOPMENT (BASED ON ENGLISH)." Theoretical and Applied Linguistics, no. 2 (2019): 150–59. http://dx.doi.org/10.22250/24107190_2019_5_2_150_159.
Full textAbstract:
The article considers the issues of semantic derivation, its role and place in English legal terms forming at different stages of legal vocabulary development. Semantic derivation (in various sources also referred to as semantic shift and semantic transfer), along with word-building, is one of the internal sources of a language word-stock development and enlargement. A short insight into the theory of terminology at the beginning of the paper enables to determine the status of a term, its relative features, semantic requirements for a term, and to review the most common ways of term formation. Further, the place and role of legal vocabulary are viewed in relation to general literary language, and the issue of English legal terms variance is brought up. Dynamics in the semantic structure of a word is well traced in diachronic and synchronic studies of semantically reinterpreted items from the point of view of their connection with extra linguistic realities. In the experiment, the focus has been made upon the linguistic material of the Old English, Middle English and Early Modern English periods in relation to the periods of Anglo-Saxon law...
48
Larraz, Elena Ferran. "Estatismo y dinamismo de la terminología jurídica en el ámbito de los documentos de transmisión de bienes." Terminology 17, no. 2 (October 25, 2011): 224–48. http://dx.doi.org/10.1075/term.17.2.03fer.
Full textAbstract:
This article argues the need to resort to categories or basic cognitive schemata from the field of law in order to frame and identify private documents for the transfer of property (documents for the transfer of property and title). The objective is to better understand their main cognitive and terminological properties, thus facilitating the interpretation of their contents. The study is grounded in a multi-faceted theory of terminology in which terms and other related concepts (such as terminological nodes and the conceptual structure of a text) are understood via the frameworks of different sciences. In our case cognitive science applied to law represents the main access door to terms and the conceptual structure of texts. However, we also study their linguistic expression within texts and do this using examples from Civil Law and Common Law. Finally, our approach allows to see how a static conceptual structure evolves towards several types of documents, new rights in-rem, new transferable rights and, generally speaking, new realities and interpretations within the field of transfer and disposition of property.
49
Замараев, В. И., and Н. А. Никиташина. "DEFINITIONS IN THE CRIMINAL LEGISLATION." Surgut State University Journal 11, no. 2 (2023): 84–90. http://dx.doi.org/10.35266/2312-3419-2023-2-84-90.
Full textAbstract:
Recent intensive lawmaking has led to a set of novelizations, particularly in defining terminology, that do not always comply with the fundamental requirements of legislative technique. Therefore, law-makers face significant challenges, while convicts’ penalties may be influenced by them. The article detects, substantiates, and illustrates examples of specific poor definitions. The authors propose alternative definitions. In addition, the study determines the main features of a definition, identifies common legal errors made while creating definitions, and describes various types of terms with theoretical and practical value for legislative technique. The authors suggest their own view on the approaches to advancing criminal legislation in creating definitions
50
Borucka-Arctowa, Maria. "Problemy metodologiczne badań porównawczych w naukach prawnych i innych naukach społecznych." Studia Prawnicze / The Legal Studies, no. 29 (April 30, 2023): 3–19. http://dx.doi.org/10.37232/sp.1971.29.1.
Full textAbstract:
W przeciągu ostatnich lat można zauważyć tendencje wzrostową przeprowadzania badań porównawczych w różnych dziedzinach nauk społecznych. Autorka artykułu przybliża problemy metodologiczne badań porównawczych, analizując kryterium wyróżnienia badań porównawczych spośród innych badań, problemy organizacyjne, związane m. in. z ustaleniem wspólnej terminologii. Badania porównawcze wymagają zastosowania różnych technik badawczych. Obecnie rozwój komparatystyki prawniczej zmierza w kierunku rozszrzenia badań formalno-porównawczych na uwarunkowanie ekonomiczne, polityczne i kulturowe badanych instytucji i systemów. Temat ma istotne znaczenie szczególnie związane z uogólnieniem teorii państwa i prawa. Over the last few years, there has been an increasing trend towards comparative research in various areas of the social sciences. The author of the article takes a closer look at the methodological problems of comparative research, analysing the criterion for distinguishing comparative research from other research, organisational problems, related, inter alia, to the establishment of a common terminology. Comparative research requires the use of different research techniques. Currently, the development of legal comparativism is moving towards extending formal-comparative research to the economic, political and cultural determinants of the institutions and systems under study. The topic is of significant importance particularly in terms of generalisation of the theory of state and law.