ANALYSIS OF THE USE OF ENGLISH LEGAL TERMINOLOGY BY JUDGES DURING THE JUDICIAL SESSION
DOI:
https://doi.org/10.32689/maup.philol.2023.2.2Keywords:
legal discourse, comparative analysis, judicial system, non-equivalent unitsAbstract
The article highlights a thorough comparative analysis of the legal terminology in English and Ukrainian languages, and within this research we compared the court systems of the USA, Great Britain and Ukraine, the legal vocabulary of English and Ukrainian judges during the court session, the use of legal terms by English and Ukrainian lawyers. In order to provide the reader with quality translation, we need to know and understand the judicial systems of the English-speaking countries, and this will also help in finding an equivalent and in general the actual translation, because various systems have different mentalities, different uses of words in possibly completely opposite meanings. Even in order to explain one or another term, if there is no equivalent in the translation language. In the course of comparing the vocabulary of judges, we compared the most used phrases and terms of nonmultilingual English judges for the presence of Ukrainian equivalents i.e. this showed that the difference in judicial systems affects the understanding of concepts. Most of the judges’ phrases have Ukrainian equivalents, but still there are some terms without equivalents. We found that the best translation of such terms would be their thorough explanation. We also analysed the common and distinctive features between English and Ukrainian lawyers, and on the basis of these comparisons, we conducted vocabulary analysis. Although both Ukrainian and English lawyers use special forms of cliches, some of them have similar meanings, and some can be understood only in a certain country. In the Ukrainian legal language, idioms and emotionally and stylistically coloured expressions are not used, because the judicial jurisdiction in Ukraine is clearly and strictly regulated, especially the norms of behaviour and language, and on the contrary in English where idioms are the norm. During the research of the vocabulary of judges, we compared the most used phrases and terms of nonmultilingual English judges for the presence of Ukrainian equivalents, this showed that the difference in judicial systems affects the understanding of concepts.
References
Bryant, S., & Peters, J. K. (2005). Five Habits for Cross-Cultural Lawyering. In K. H. Barrett & H. G. William, Race, Culture, Psychology & Law. London: SAGE. [Internet resource] URL: https://academicworks.cuny.edu/cgi/viewcontent.cgi?article=1257&context=cl_pubs
Cao D. (2007). Translating law, Clevedon: Multilingual Matters Ltd.
David Ridley (2022). Common Legal Abbreviations: Library Guide. [Internet resource] URL: https://www.abdn.ac.uk/library/documents/guides/uglaw006.pdf
Febrero J. L. S. (2014). Legal English and translation: Theory and Practice, Editorial Club Universitario.
Glanert S. (2014). Comparative law: Engaging Translation, Routledge, UK.
Olsen F., Lorz A., Stein D. (2019). Translation issues in language and law, Palgrave, MacMillan.
Udina N., (2015). Law education: Language and Legal translation perspectives, Procedia-Social and behavioral sciences, V. 214, URL: https://core.ac.uk/download/pdf/147638084.pdf
How to Get Away with Murder [Internet resource] URL: serial How to get away with murder online with subtitles (ling-online.net)