Past issues

2011-1Langue et droit : terminologie et traduction
(Language and legal systems: problems in terminology and translation)
Click the book to abstract!This issue has been put on line in its integrality on the Cairn portal:
  • Philippe GRÉCIANO & John HUMBLEY (Grenoble / CNRS)
    Présentation. Langue et droit : terminologie et traduction
    (Presentation. Language and legal systems: problems in terminology and translation)
    pp. 5-8
  • Jean-Claude GÉMAR (Montréal, Canada)
    Aux sources de la "jurilinguistique" : texte juridique, langues et cultures
    ("Jurilinguistics" and its sources: the juridical text, languages and cultures)
    pp. 9-16
  • Camille Roger ABOLOU (Bouaké, Côte d'Ivoire)
    Le discours juridique en Afrique noire. Terminologie et traduction du droit spécialisé
    (Juridical discourse in sub-Saharan Africa. Terminology and translation in legal matters)
    pp. 17-31

    Initially, work on translation concentrated on exploiting the capacity of African languages to express modernity. Later research in translation in sub-Saharan Africa has concentrated on legal ethnography, working on ontological systems, legal texts within which a multiplicity of sources of law are intermingled, in particular customary law, civil law and common law. These justice systems are superimposed and intertwined, giving rise to a legal disorder. The post-colonial African countries have the major challenge, apart from the one-way communication which characterises them, with what can be called interjuridicity, a zone of interference where jurisigns (borrowings and legal calques) appear. The concept of interjuridicity sheds light on the problems of legal translation in sub-Saharan Africa which can be solved by applying various heuristic approaches.

  • Mathieu DEVINAT (Sherbrooke, Canada)
    Le bijuridisme et le bilinguisme canadiens : des idéaux sous tension
    (Bijuridism and bilingualism in Canada: ideals under tension)
    pp. 33-50

    Since its creation in 1867, Canada is founded on a political compromise between two founding nations that gave an equal status to distinct legal traditions both expressed in two official languages. In order to fulfill these ideals, however, Canadian jurists must assimilate two legal cultures and languages, an expertise far from reach for everyday citizens, and probably even from a majority of jurists themselves! This paper aims to present in a critical manner the legal discourse surrounding the implementation of bilingualism and bijuridism in Canadian law. In our opinion, the Canadian example highlights the methodological and terminological challenges related to the recognition of two languages and legal traditions within the same legal order.

  • Mathieu GUIDÈRE (Toulouse 2)
    La médiation humanitaire multilingue. Un discours pour la paix
    (Multilingual humanitarian mediation in conflict management)
    pp. 51-62

    In the framework of humanitarian mediation, multilingual communication has a strong cultural component. This article begins by situating the Other in a global fashion, and then goes on to view ways in which a balance of perception can be established between those involved by working out a precise, rigorous diagnosis to shed light on the conceptions, feelings and intentions of all concerned, illustrated by several examples. Amongst the tools used, mention should be made of distancing, decentring, intercultural competence and Natural Semantic Metalanguage.

  • Philippe GRÉCIANO (Grenoble)
    Kampf gegen den Terrorismus. Rechtssprache im (Kon)Text
    (The war on terrorism and its demands on the legal system)
    pp. 63-76

    Since September 11 2001 the world has been faced with challenges to the defence of nations and the security of their citizens, leading to hitherto unused laws, policies and strategies to counter the terrorist threat. This is a major challenge: to reconcile security needs with the demands of law, and respecting citizens' liberty, their language, their culture and their legitimate aspirations. In this paper, antiterrorist discourse will first be studied, its terms and definitions examined, as well as the types of texts used and the way they are formulated in language. Then the cross-disciplinary approach is used to produce practical methods to ascertain the state of terrorist threat in its international dimension, to achieve a fine grained but global understanding of the phenomenon for the future.

  • Alain GUILLAUME (Université Quisqueya, Haïti)
    L'expression créole du droit : une voie pour la réduction de la fracture juridique en Haïti
    (How law is expressed in creole or how to diminish the juridical differences in Haiti)
    pp. 77-91

    Haitian society is characterized by a number of dichotomies which are manifested in law in the form of an unequal bilingualism and a particular form of bijuralism. The legal integration of the Nation implies that the law be expressed in creole and that customary standards should be taken into account in written law. These measures would enrich substantive law in Haiti, though complex to implement.

  • Hendrik J. KOCKAERT & Frieda STEURS (Lessius / KULeuven, Anvers, Belgique)
    Un outil de gestion terminologique pour la traduction juridique en Belgique : état de la question et perspectives
    (A tool for managing terminology in juridical translation activities in Belgium; How it works and what it can do)
    pp. 93-104

    The Department of Applied Language Studies of Lessius and the Research unit of quantitative and variational linguistics of the K.U. Leuven have been invited by the translation department of the Ministry of Justice to develop a Terminology Management System (TMS) of legal phraseology and terminology allowing translators to work with correct, coherent and expert-revised phraseologies and terminologies in the three national languages. This paper firstly investigates how terminology management has been carried out in the translation departments of the federal public services of justice in Belgium. Based on this survey, this paper proposes a TMS tool which is based on a new concept of phraseological terminology. To reach this goal, an extraction method of phraseological terminology based on some usage-based models of language will serve as a basis of a customised experimental analysis method which will allow us to design a road map capable of developing terminology, specifically engineered for the legal translation LSP.

  • Simon TAYLOR (Paris-Diderot)
    The European Union and National Legal Languages: an Awkward Partnership?
    pp. 105-118

    The harmonisation of the laws of Member States in various areas of private law constitutes an important element of the European Union integration process. The principal legislative mechanism used to achieve this harmonisation is the directive. Effective harmonisation of national laws can only be achieved if the Community legislation is applied in the same way in the different national legal systems. Many of the challenges in ensuring a harmonised application of community legislation are connected to issues of legal language. Amongst other examples, this paper will use the European directive on product liability (la responsabilité du fait des produits défectueux) as an illustration of the various language issues raised and the solutions available to ensure an effective level of harmonisation. This will be done through a study of the English and French versions of the directive, and by considering the experience of the implementation of the provisions of the directive in French and English law.

  • Philippe GRÉCIANO (Grenoble)
    Critique de la traduction dans les procès Khmers Rouges
    (Translation and its problems in the trials of the Red Khmers)
    pp. 119-126
Book reviews
  • Translating justice. Traducir la justicia, de I. Araguás & al.
    par J. Humbley
    pp. 127-129
  • Dictionnaire des belgicismes, de M. Francard, G. Geron, R. Wilmet & A. Wirth
    par F. Gadet
    pp. 129-131
  • The Lexicography of English, de H. Béjoint
    par T. Fontenelle
    pp. 131-135
  • Dictionnaire des verbes du français actuel : constructions, emplois, synonymes, de L. Florea & C. Fuchs
    par V. Hancock
    pp. 135-136