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Ministry of Education and Youth of the Republic Of MINISTRY OF EDUCATION OF THE REPUBLIC OF MOLDOVA MOLDOVA STATE UNIVERSITY FACULTY OF FOREIGN LANGUAGES AND LITERATURES DEPARTMENT OF TRANSLATION, INTERPRETATION AND APPLIED LINGUISTICS MASTER’S DEGREE PAPER A CONTRASTIVE ANALYSIS OF LEGAL TERMINOLOGY IN ENGLISH, ROMANIAN AND POLISH. LEGAL TERMINOLOGY INNOVATIONS IN THE REPUBLIC OF MOLDOVA Submitted by: Buşila Alina, group 262 Research Adviser: Şaganean Gabriela, Doctor of Philology Chişinău 2011 TABLE OF CONTENTS Annotation ……………………………………………………………………………...…3 Adnotare ………………………………………………………………………………..…4 List of abbreviations …………………………………………………………………..….5 INTRODUCTION ……………………………………………………………………………..….6 CHAPTER I. LINGUISTIC APPROACH ON LEGAL TERMINOLOGY …………….…..12 1.1 Introduction in Terminology. Definitions and Controversy upon Terminology 1.2 Term versus Word versus Concept …………………………………………….19 1.3 Semantics of Legal Terminology ………………………………………………20 1.4 Recent Trends in Terminology ………………………………………………...24 1.5 Multilingual Term Creation within the EU Conceptual System ………………26 1.6 Characteristics of Terms ……………………………………………………….28 1.6.1 Different Classifications of Terms …………………………………...33 1.6.2 The Process of Terminologization, Determinologization and Reterminologization ……………………………………………………….46 1.7 Legal Terminology …………………………………………………………….48 1.7.1 English, Romanian and Polish Legal Terminology ………………….51 1.7.2 Incongruity of Legal Terms ………………………………………….53 1.7.3 Translation of Legal Terms ………………………………………….55 1.7.4 Legal Terminology Innovations in the Republic of Moldova ……….59 CHAPTER II. CONTRASTIVE ANALYSIS OF ENGLISH, ROMANIAN AND POLISH LEGAL TERMINOLOGY (BASED ON THE CONTRASTIVE ANALYSIS OF MOLDOVA CASES AT THE EUROPEAN COURT FOR HUMAN RIGHTS) ………………………………………….….63 2.1. Description and Structural Organisation of European Court for Human Rights Decisions …………………………………………………………………………...63 2.2. A Terminological Analysis of Legal Terms …………………………………...65 2.3 Principles of Term Creation ……………………………………………………87 2.4 Precision of Legal Terms ………………………………………………………94 2.5 Terminological Record ………………………………………………………....96 CONCLUSIONS …………………………………………………………………………103 Bibliography ……………………………………………………………………………...106 Glossary Appendix 2 ANNOTATION Terms are vehicles of information and knowledge, consequently they are the linguistic representation of concepts. Therefore, all the domains activated by a given concept (term) build up the matrix of a term or the term-tree. The more information is required to define a concept, the more terminological a lexeme is. With respect to legal concepts, the supraindividual semantic potential of terms is specified in legislation and case-law. Namely this approach was examined in this master’s degree paper. Today, the study of terminology, i.e. the theoretical and applied study of terms as coherent systems of lexical items endowed with a singular creative dynamism, is as yet neither clearly defined nor is there a general agreement about its scope. A related problem is the fact that, while work concerning what is traditionally known as the theory or principles of terminology is pursued simultaneously, little effort is being devoted to theories underlying the descriptive analysis of terms, on the base of the following criteria: morphological (derivation), morpho-syntactic (conversion), morpho-semantic (borrowings, calque, neonyms, etc) and morpho-pragmatic (metaphorization, metonymization, terminologization, reterminologization, etc). Moreover, there is no research or even attempt to define and classify terms according to the field they belong to. This aspect needs a special consideration, since the terminology of the legal field is not similar in peculiarities and classifications with the medical terminology. We consider that such a distinction between the terminology of different domains is absolutely necessary. All we have today is a multidimensional approach and investigation on legal terminology while terminology needs a unidimensional study. This study has to be performed in the field of law and not in the field of linguistics, or at least in the field of a “specialized linguistics”. Therefore, we consider our research an ambitious one because we plan to study in depth the phenomenon of legal terminology within Romanian, English and Polish legal systems, the shifts of terms within the legal field and legal systems, the etymology of legal terms, the pro- and contra- arguments regarding the process of standardization of legal terms, the equivalence or incongruity of legal terms, and of course the techniques of rendering legal terms. Keywords: terminology, term, borrowings, onometrics, legalese, terminological record, terminologization, determinologization, reterminologization, metonymization, terminological innovations, legal doublets, concept, terminological standardization, term domesticating, terminological equivalence, precision of terms, legal compoundings, legal clichés, legal metaphor, legal terminology, incongruity of legal terms. 3 ADNOTARE Termenii sunt nişte purtători de informaţii şi cunoştinţe, prin urmare ei întruchipează reprezentarea lingvistică şi pragmatică a conceptelor. De aceia, toate domeniile care sunt activate în procesul de definire a unui concept, alcătuiesc la un loc, matricea termenului sau arborele terminologic. Cu cît mai multă informaţie este concentrată în definirea conceptului, cu atît lexemul este mai terminologizat. În ceea ce priveşte spectrul de căutare a definiţiilor pentru juridisme, cercetarea trebuie să se efectueze în limitele actelor normative şi în jurisprudenţă. Anume aceste aspecte au fost supuse investigaţiei în prezenta teză de master. Astăzi, studiul terminologiei, în aspect teoretic şi aplicativ, asupra termenilor ca sisteme de unităţi lexicale dinamice, încă nu a fost sistematizat. Problema constă în faptul că abordarea terminologică are loc doar la nivel lingvistic, evitîndu-se analiza descriptivă a termenilor, în baza următoarelor criterii, şi anume: morfologic (particularătile derivaţionale), morfo-sintactic (schimbarea categoriei gramaticale), morfo-semantic (la nivel de împrumuturi, neologisme, calcuri, etc) şi desigur, morfo-pragmatic (metaforizarea, metonimizarea, terminologizarea, reterminologizarea, etc). Mai mult decît atît, nu există nici un studiu sau încercare de definire şi clasificare a termenilor conform domeniului căruia îi aparţin. Acest aspect necesită o abordare specială, întrucît nu putem vorbi despre terminologia juridică şi cea medicală, sau despre particularităţile şi clasificările acestora într-un studiu unic, în mod unificat. Considerăm că aceste terminologii trebuie abordate separat, iar domeniul terminologic trebuie luat ca criteriu de bază în tratarea termenilor. Astăzi, avem o abordare şi o investigaţie multidimensională a terminologiei, deşi termenii trebuie trataţi unidimensional. Astfel, cercetarea ar trebui efectuată în mare măsură în domeniul juridic, şi nu în cel lingvistic, sau cel puţin, într-un domeniu al „lingvisticii specializate”. Considerăm că studiul nostru este unul ambiţios, întrucît ne-am planificat să studiem în detaliu fenomenul terminologiei juridice (juridismele) în cadrul sistemelor juridice român, englez şi polonez, transferul termenilor în cadrul domeniului şi sistemelor juridice, etimologia juridismelor, fenomenul de standardizare a juridismelor, echivalenţa şi non-echivalenţa termenilor juridici, şi desigur, tehnicile de traducere a juridismelor. Termeni cheie: terminologie, termen, împrumut, onometria, juridisme, fişă terminologică, terminologizare, determinologizare, reterminologizare, metonimizare, inovaţii terminologice, dublete juridice, concept, standardizare terminologică, „term domesticating”, echivalenţă terminologică, precizia termenilor, expresii juridice, clişee juridice, metafora juridică, terminologia juridică, non-echivalenţa juridismelor . 4 List of abbreviations SL - source language TL – target language RM – Republic of Moldova ISO - International Organization for Standardization ECHR - The European Court of Human Rights L. – Latin Fr. – French O.Fr. – Old French M.Fr. – Medieval French Ph.d. - Philosophiae Doctor (doctor of philosophy) N. – noun Adj. – adjective V. – verb Prep. – preposition LGP – language for general purpose LSP – language for special purpose Art. - article DEX – Romanian explanatory dictionary Prof. – professor No. – number Vs. - versus Sg. – singular Pl. - plural 5 INTRODUCTION We liked very much the approach of Benveniste on terminology, and therefore, I shall dare reproduce it entirely here: “The establishment of its own terminology is a milestone in each and every science. It is the advent or the development of a new conceptualization, then, highlighting a decisive moment in its history. One might even say that the particular history of a science is summarized in its specific terminology. A science only comes into being or starts to impose itself as long as it maintains and imposes its concepts through its denominative field. It has no other resource to establish its legitimacy but to specify its object by naming it, while this may be a set of phenomena, a new domain or a new interaction process between specific data. The mental apparatus comprises mainly an inventory of terms that list, configure or analyze the reality. The act of naming, that is, the coinage of a term is at the same time the first and the last operation of a science”. Today, terminology develops on the ground of the scientific progress and globalization. Therefore, it became the center of the world, it became the Babel of scientists,
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