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Dutch Professional Language Usage and Problems of Translation into Czech Abstract This thesis analyzes the Dutch technical language with a focus on the legal language. The first part is devoted to general problems of translation and translation of the technical language, including theoretical elaboration on terminology and equivalence. After that the thesis deals with specific problems of the translation of the legal language. Next part of the thesis is devoted to a linguistic analysis of the Dutch legal language. It is followed by an analysis of the equivalence of Dutch and Czech legal terms along with solutions of the translation of zero equivalence. The final part deals with practical translation of the Dutch legal texts into the Czech. The aim of the work is an example of practical application of theoretical knowledge on the translation of legal language.

The purpose of this thesis is to describe legal language, its basic elements and relations, in which they are entering. The introductory chapter defines the legal language in general as a discipline at the interface between linguistics and theory of law. In addition to the basic legal elements and their relations to the general official language, there are described the basic elements of the legal language out of whose structure some basic elements required on the legal language come out. The relation between and legal language is symbolised through Euler circles. The conclusion of this chapter describes the legal language in terms of functional style and presents its stylistic traits. The first two parts of the second chapter are focused on the meaning of the lexical element, that are evaluated according to the amount of autonomy as a autosemantic and synemenatic units, or according to the motivating factor of the word and according to the fact if they are composed of one or more lexical elements . The keeping up with the basic requirements that are established by the Government's Legislative Rules, is proved with examples from primary legislation. In the other subchapters adherence to claim to the legal text certainty, comprehensibility and expliciteness in the legal terminology in the using of...

A presente tese tem por objeto de estudo a construção do discurso persuasivo sob as óticas da Retórica Clássica e da Nova Retórica em três espécies de recursos judiciais cíveis, quais sejam, a apelação, o agravo de instrumento e os embargos de declaração. Assim, esta pesquisa teve por objetivo analisar os elementos retóricos presentes nos discursos judiciais delimitados e identificar a adequabilidade de cada estratégia persuasiva conforme a natureza e a modalidade do recurso judicial interposto. Para tanto, foram expostos e aplicados os fundamentos teóricos oriundos, sobretudo, dos ensinamentos clássicos aristotélicos e das modernas lições de Chaïm Perelman, entre outros estudiosos da linguagem, filosofia e direito processual civil, permitindo a averiguação de quais elementos retóricos se mostram mais eficazes e adequados em cada uma das modalidades recursais que compõem o corpus. / The objective of this thesis is to study the construction of the persuasive speech under the optics of the Classical Rhetoric and the New Rhetoric in three types of civil judicial resources, namely, appeal, bill of review appeal and motion for clarification. Thus, this study is aimed towards analyzing the rhetorical elements present in judicial speeches and identifying the suitability of each persuasive strategy according to the nature and type of the judicial appeal. As a result, the theoretical foundations were uncovered and derived primarily from the teachings of the classical Aristotelian and modern Chaim Perelman, among others scholars of language, philosophy and civil procedural law, allowing the examination of which type of rhetorical elements are more effective and suitable for each kind of appeal.

A presente tese tem por objeto de estudo a construção do discurso persuasivo sob as óticas da Retórica Clássica e da Nova Retórica em três espécies de recursos judiciais cíveis, quais sejam, a apelação, o agravo de instrumento e os embargos de declaração. Assim, esta pesquisa teve por objetivo analisar os elementos retóricos presentes nos discursos judiciais delimitados e identificar a adequabilidade de cada estratégia persuasiva conforme a natureza e a modalidade do recurso judicial interposto. Para tanto, foram expostos e aplicados os fundamentos teóricos oriundos, sobretudo, dos ensinamentos clássicos aristotélicos e das modernas lições de Chaïm Perelman, entre outros estudiosos da linguagem, filosofia e direito processual civil, permitindo a averiguação de quais elementos retóricos se mostram mais eficazes e adequados em cada uma das modalidades recursais que compõem o corpus. / The objective of this thesis is to study the construction of the persuasive speech under the optics of the Classical Rhetoric and the New Rhetoric in three types of civil judicial resources, namely, appeal, bill of review appeal and motion for clarification. Thus, this study is aimed towards analyzing the rhetorical elements present in judicial speeches and identifying the suitability of each persuasive strategy according to the nature and type of the judicial appeal. As a result, the theoretical foundations were uncovered and derived primarily from the teachings of the classical Aristotelian and modern Chaim Perelman, among others scholars of language, philosophy and civil procedural law, allowing the examination of which type of rhetorical elements are more effective and suitable for each kind of appeal.

Doctor of Philosophy / There has been dissatisfaction over some court rulings among lay people in Japan. In this thesis I propose a model to explain the discrepancies between legal experts and lay people. Chapter 1 presents the purpose of this thesis, and an overview of the model called the Linguistic Legal Model. Chapter 2 shows the Japanese legal system including a new lay-participation system, the mixed court system. Chapter 3 provides background information on Japanese trademark issues. In Chapter 4 and 5, the Linguistic Legal Model is explored with Layer Analysis and Register Analysis. For Layer Analysis in Chapter 4, the notion of layering is presented from a linguistic perspective whereas legal reasoning is discussed from the notion of different modes of thought. Register Analysis in Chapter 5 is discussed in terms of genre and register. Japanese legal language is examined together with English legal language. In Chapter 6 and 7 I examine trademark cases. The Golden Horse case in Chapter 6 presents court’s judgment of the likelihood of confusion which is in common with that of lay people. However, it is argued that the thought process in the legal judgment court was not convincing. In Chapter 7, the Snack Chanel case portrays a judgment characteristic of the legal layer, which is quite different from the common sense of lay people. This discrepancy is explained from the perspective of different layers and different modes of thought. Chapter 8 concludes with a brief summary of this thesis.

Language ability can be a determining factor in deciding a defendant's legal guilt or innocence. This was the case for Chinese immigrant, LK, a licensed gun dealer who was criminally charged with selling weapons to ineligible buyers. In his defense, LK claimed that, as an English language learner, he did not possess the sufficient language skills required to adequately complete the complex administrative forms that accompany gun purchases. This study explores whether the defendant's English language abilities were sufficient to understand the government's requisite weapon sales report forms.Data collection comes from three sources: audio body bug (wiretap) tapes, written court transcripts, and the Alcohol, Tobacco, and Firearms' sales transaction forms. Using these sources as a basis for analysis, this study examines key linguistic features of the defendant's speech to evaluate his English language proficiency. Additionally, the language used by the defendant will be compared with the language found in the weapons purchase application report.Drawing upon theories on communicative competence (Bachman, 1990; Bachman & Palmer, 1996; Canale & Swain, 1980; Canale, 1983; Savignon, 1997), LK's functional, linguistic, discourse, sociolinguistic, and strategic competencies will first be evaluated. The second phase of the analysis uses the insight gained from examining LK's competencies in order to determine his level of proficiency. The Speaking Proficiency English Assessment Kit (1996, SPEAK®) test and the American Council on the Teaching of Foreign Languages (ACTFL) Proficiency Guidelines (2000) will be used. The third stage of the analysis turns to readability studies in order to determine the level of difficulty in the ATF form. Chall et al.'s (1996) rubric and Flesch's readability formula (1946, 1949, 1972, 1979) serve as the foundation for the readability assessment. And last, additional areas for a forensic linguistic investigation into this case are considered. These include thematic (topical) tracking, sociolinguistic practices, and speech accommodation.This research serves those interested in second language issues as well as members of the judicial system. It builds on and supports other work in linguistics, language acquisition, sociolinguistcs, as well as the more specialized field of forensic linguistics.

Doctor of Philosophy / There has been dissatisfaction over some court rulings among lay people in Japan. In this thesis I propose a model to explain the discrepancies between legal experts and lay people. Chapter 1 presents the purpose of this thesis, and an overview of the model called the Linguistic Legal Model. Chapter 2 shows the Japanese legal system including a new lay-participation system, the mixed court system. Chapter 3 provides background information on Japanese trademark issues. In Chapter 4 and 5, the Linguistic Legal Model is explored with Layer Analysis and Register Analysis. For Layer Analysis in Chapter 4, the notion of layering is presented from a linguistic perspective whereas legal reasoning is discussed from the notion of different modes of thought. Register Analysis in Chapter 5 is discussed in terms of genre and register. Japanese legal language is examined together with English legal language. In Chapter 6 and 7 I examine trademark cases. The Golden Horse case in Chapter 6 presents court’s judgment of the likelihood of confusion which is in common with that of lay people. However, it is argued that the thought process in the legal judgment court was not convincing. In Chapter 7, the Snack Chanel case portrays a judgment characteristic of the legal layer, which is quite different from the common sense of lay people. This discrepancy is explained from the perspective of different layers and different modes of thought. Chapter 8 concludes with a brief summary of this thesis.

The aim of this Master's thesis is to excerpt from the Spanish Civil code legal terms typical for family law and to compare their level of equivalence with Czech family law terms. The thesis is divided in theoretical and practical part. The first chapter of the theoretical part describes legal language and compares legal Spanish with legal Czech. The second chapter is about translation of legal texts and its methods. The last chapter of the theoretical part briefly introduces family law and the object of its studies. The practical part contains analysis of family law Spanish terms which are ordered according to its semantic fields. At the end of the practical part there is a commented glossary. The thesis is finally summarized in Spanish résumé.