Réflexion autour des dictionnaires de droit civil

Par leur mode de rédaction, les dictionnaires de droit civil révèlent une conception du sens en droit qui se caractérise par son objectivité, son historicité et son unité, c’est-à-dire par un ensemble de qualités qui sont intimement liées dans l’imaginaire des civilistes. Ce faisant, les dictionnaires de droit civil présentent un certain découpage du monde qui ne tient pas toujours compte des sens multiples que les juristes attribuent aux termes fondamentaux de leur vocabulaire. C’est en dégageant l’origine et la raison d’être du décalage entre le sens tel qu’il est défini et celui qui est vécu que l’auteur montre à quel point les dictionnaires de droit civil s’inscrivent dans une relation complexe qu’entretiennent les juristes avec leur langage.

Les définitions dans les codes civils

"Omnis definitio in jure civili periculosa est". Le principe selon lequel toute définition est périlleuse constitue l’une des idées séculaires véhiculées par la tradition de droit civil. Malgré cela, le Code civil français et, plus récemment, le "Code civil du Québec" contiennent tous deux un nombre important de définitions légales. Abordées du point de vue du lexicographe, ces définitions soulèvent la question de savoir à quel point elles doivent être prises en considération dans les dictionnaires juridiques : en présence d’une définition légale, le lexicographe devrait-il simplement la paraphraser ou devrait-il plutôt chercher à rendre compte du sens tel qu’il est véhiculé dans le discours juridique? En étudiant les enjeux soulevés par cette question, le présent texte propose une démarche lexicographique qui relativise l’influence des définitions légales sur le contenu des dictionnaires de droit civil.

Translation – The fifth language skill? A comparison of the role of translation in Finnish lukio and the International Baccalaureate Diploma Programme

This study attempts to answer the question “Should translation be considered a fifth language skill?” by examining and comparing the use of translation as a language learning and assessment method in the national Finnish lukio curriculum and the curriculum of the International Baccalaureate Diploma Programme (IBDP). Furthermore, the students’ ability to translate and their opinions on the usefulness of translation in language learning will be examined. The students’ opinions were gathered through a questionnaire that was given to 156 students studying in either lukio or the IBDP in Turku and Rovaniemi. I present and compare the role of translation in selected language teaching and learning methods and approaches, and discuss the effectiveness of translation as a language learning method and an assessment method. The theoretical discussion provides the basis for examining the role of translation as a language learning method and an assessment method in the curricula and final examinations of both education programs. The analysis of the two curricula indicated that there is a significant difference in the use of translation, as translation is used as a language learning method and as an assessment method in lukio, but is not used in either form in the IB. The data obtained through the questionnaire indicated that there is a difference in the level of language competence between the lukio and IB students and suggested that the curriculum in which the student studies has some effect on his/her cognitive use of translation, ability to translate and opinions concerning the usefulness of translation in language learning. The results indicated that both groups of students used translation, along with their mother tongue, as a cognitive language learning method, and, contrary to the expectations set by the analysis of the two curricula, the IB students performed better in the translation exercises than lukio students. Both groups of students agreed that translation is a useful language learning method, and indicated that the most common dictionaries they use are bilingual Internet dictionaries. The results suggest that translation is a specific skill that requires teaching and practice, and that perhaps the translation exercises used in lukio should be developed from translating individual words and phrases to translating cultural elements. In addition, the results suggest that perhaps the IB curriculum should include the use of translation exercises (e.g., communicative translation exercises) in order to help students learn to mediate between languages and cultures rather than learn languages in isolation from each other.

Legal Translation and the Bilingual Publication of Roman Imperial Constitutions

The present paper aims at investigating translation techniques and publication methods of Roman imperial constitutions published in Greek in the eastern provinces of the empire, where the official Latin was not well-established. Language, being a tool for normative communication must be comprehensible to the addressees of the norm, therefore publication of a normative text in a multilingual society brings along difficulties related in particular to the translatability of legal terminology. Language problems appear, however, not only in the level of communication, but also in those of implementation and interpretation of norms. Linguistic diversity, which currently afflicts legislators in the EU, has already been a challenge for the legislators in the Roman Empire. Major difficulty was the necessity of expressing Roman legal concepts in Greek language. Centralized translation system and consequent use of terminology helped to adapt Greek for the purposes of Roman legislator creating new technical vocabulary.

Multilingualism, Legal Drafting and Interpretation of Bilingual Law in Italy

The article begins with a short history of the current Italian language, as an example of a dialect evolving and becoming elevated to the status of a national language. Next, an overview of Italy as characterized by multilingualism and of the different minority languages is offered. A third part is devoted to the different legal languages of Italian law and particularly to the consequences of multilingualism in Italy, which refers to the obligation to draft some local laws in two or tree languages. Multilingual drafting concerns institutions – and therefore concepts – of Italian law which are applied within one single legal system, namely the Italian one, and are merely expressed in a legal language which is not only Italian, but German, French or Ladin. This part is discussed more in deep. The article underlines that legal multilingualism in Italy is a rather unexplored research field. As in Europe there is a clear need for studies inquiring the problem of intepretation and application of mulitlingual law, the praxis and the operative reality of the “regional” legal languages in Italy would probably deserve more attention.

Web-application for Presentation of Bulgarian Language Heritage: Bilingual Digital Corpora and Dictionaries

The paper describes three software packages - the main components of a software system for processing and web-presentation of Bulgarian language resources – parallel corpora and bilingual dictionaries. The author briefly presents current versions of the core components “Dictionary” and “Corpus” as well as the recently developed component “Connection” that links both “Dictionary” and “Corpus”. The components main functionalities are described as well. Some examples of the usage of the system’s web-applications are included.

Criteria for the validation of specialized verb equivalents : application in bilingual terminography

Multilingual terminological resources do not always include valid equivalents of legal terms for two main reasons. Firstly, legal systems can differ from one language community to another and even from one country to another because each has its own history and traditions. As a result, the non-isomorphism between legal and linguistic systems may render the identification of equivalents a particularly challenging task. Secondly, by focusing primarily on the definition of equivalence, a notion widely discussed in translation but not in terminology, the literature does not offer solid and systematic methodologies for assigning terminological equivalents. As a result, there is a lack of criteria to guide both terminologists and translators in the search and validation of equivalent terms. This problem is even more evident in the case of predicative units, such as verbs. Although some terminologists (L‘Homme 1998; Lerat 2002; Lorente 2007) have worked on specialized verbs, terminological equivalence between units that belong to this part of speech would benefit from a thorough study. By proposing a novel methodology to assign the equivalents of specialized verbs, this research aims at defining validation criteria for this kind of predicative units, so as to contribute to a better understanding of the phenomenon of terminological equivalence as well as to the development of multilingual terminography in general, and to the development of legal terminography, in particular. The study uses a Portuguese-English comparable corpus that consists of a single genre of texts, i.e. Supreme Court judgments, from which 100 Portuguese and 100 English specialized verbs were selected. The description of the verbs is based on the theory of Frame Semantics (Fillmore 1976, 1977, 1982, 1985; Fillmore and Atkins 1992), on the FrameNet methodology (Ruppenhofer et al. 2010), as well as on the methodology for compiling specialized lexical resources, such as DiCoInfo (L‘Homme 2008), developed in the Observatoire de linguistique Sens-Texte at the Université de Montréal. The research reviews contributions that have adopted the same theoretical and methodological framework to the compilation of lexical resources and proposes adaptations to the specific objectives of the project. In contrast to the top-down approach adopted by FrameNet lexicographers, the approach described here is bottom-up, i.e. verbs are first analyzed and then grouped into frames for each language separately. Specialized verbs are said to evoke a semantic frame, a sort of conceptual scenario in which a number of mandatory elements (core Frame Elements) play specific roles (e.g. ARGUER, JUDGE, LAW), but specialized verbs are often accompanied by other optional information (non-core Frame Elements), such as the criteria and reasons used by the judge to reach a decision (statutes, codes, previous decisions). The information concerning the semantic frame that each verb evokes was encoded in an xml editor and about twenty contexts illustrating the specific way each specialized verb evokes a given frame were semantically and syntactically annotated. The labels attributed to each semantic frame (e.g. [Compliance], [Verdict]) were used to group together certain synonyms, antonyms as well as equivalent terms. The research identified 165 pairs of candidate equivalents among the 200 Portuguese and English terms that were grouped together into 76 frames. 71% of the pairs of equivalents were considered full equivalents because not only do the verbs evoke the same conceptual scenario but their actantial structures, the linguistic realizations of the actants and their syntactic patterns were similar. 29% of the pairs of equivalents did not entirely meet these criteria and were considered partial equivalents. Reasons for partial equivalence are provided along with illustrative examples. Finally, the study describes the semasiological and onomasiological entry points that JuriDiCo, the bilingual lexical resource compiled during the project, offers to future users.

Historical perspectives of bilingual Education in the United States. 'Una perspectiva histórica de la educación bilingüe en Estados Unidos'.

Monográfico con el título: 'Sociedad de la Información, lenguas minoritarias y educación en bilingüismo'. Resumen basado en el de la publicación

New legal texts from the Hermeneumata Pseudodositheana

Several previously unnoticed texts concerning ancient lawcourts can be found in the Colloquia of the Hermeneumata Pseudodositheana, a set of bilingual dialogues composed for language learners during the Roman empire. The texts describe court cases, both criminal and civil; their writers probably taught in law schools between the second and fourth centuries ad. Editions, translations, and summary information about these texts are provided.

Proposta de modelo de dicionário bilíngue português-francês/francês-português de termos de estatutos sociais: uma colaboração para tradudores juramentados

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Dicionário terminológico bilíngüe francês-português de termos jurídicos: tratamento terminográfico e reflexões sobre terminologia bilíngüe

Pós-graduação em Estudos Linguísticos - IBILCE

Impacto ambiental, degradação ambiental, poluição, contaminação e dano ambiental: comparação entre conceitos legal e técnico

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

POLUIÇÃO: INCOMPATIBILIDADES ENTRE CONCEITOS LEGAL E TÉCNICO

Este artigo apresenta o método, critérios e resultados obtidos a partir da comparação de conceitos legal e técnico do termo poluição. Objetivou constatar se tal conceito está sendo redigido de forma clara ou de forma imprecisa e verificar a existência de eventuais incompatibilidades entre eles. Foram consultadas diferentes fontes para selecionar os conceitos, tais como: livros, artigos, legislação, decisões judiciais, dicionários, glossários, mídias eletrônicas, internet. O método científico utilizado foi o método comparativo. Foi estabelecido o elemento constituinte essencial do conceito poluição, a partir daquilo que lhe era essencial, principal, necessário, universal, geral, comum. A comparação resultou em três possibilidades de classificação: 1. reprodução literal do conceito legal; 2. a essência do conceito técnico está em consonância com a essência do conceito legal; 3. a essência do conceito técnico não está em consonância com a essência do conceito legal (com as devidas justificativas). Com o desenvolvimento da pesquisa foi possível constatar e apontar a existência de incompatibilidades entre os conceitos legal e técnico. Palavras-chave: poluição; poluição ambiental; conceito legal; conceito técnico.

Tratamento terminográfico de termos em inglês do comércio Internacional em dicionários franceses

Brazil has a strong trading relationship with several countries, including France, which has intensified these links in recent years and intends to do so yet further. Legal documents regulate this operation, resulting in a set of terms which designate concepts specific to this area. Communication between Brazilian and French buyers and sellers is intense and does not permit the occurrence of errors in understanding orders for merchandise nor in terms of purchase and sale. It is therefore very important that agents of International Trade between Brazil and France should have access to a specialised terminographic tool in the area, containing the relevant terms used in French and Portuguese. This type of work does not currently exist; we therefore decided to make a contribution and draw up a proposal for a bilingual French-Portuguese dictionary in this specialised area. During our research, we registered a significant presence of English terms in International Trade texts originally written in Portuguese and in French, which may be explained by the fact that English currently has the role of global lingua franca. However, it is well known that France operates a policy of linguistic protectionism, making the use of French obligatory in all sectors of activity in France. This generated an area of doubt: how should one deal with English terms in a bilingual French-Portugese dictionary? In order to begin the search for an answer to this question, we decided to see what treatment was given to English terms in the area of International Trade in some French dictionaries. In this paper we shall present the principal results obtained during our research.