Spanish and Law – Interdisciplinary Insights (original) (raw)
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Legal genres in English and Spanish: some attempts of analysis. Ibérica volumen 18.pp 119-130.(2009)
Understanding the differences and subtleties between the legal communication of the English-speaking world, and the Continental law countries -and, more specifically, Spain-has become a necessary practice in the global context. For the most part, it involves unravelling the differences and concomitances between the array of legal genres produced by the professionals of the specialist communities within these two traditions (i.e., Common Law and Continental Law). This paper attempts an analysis in layers -generic or pragmatic, textual or cognitive, and formal or superficial-of two types of genre within the domain of public and private law, namely delegated legislation and tenancy agreements or leases, the study of which has been seldom attempted, despite the customary presence of these instruments in the legal routine. The result of such analysis will, hopefully, cast some light on the way these communities interact within themselves and with the rest of the world, providing new clues to tackle the application of those genres and making it possible to draw new conclusions about the way in which linguistic interaction takes place in the context of these specialist communities in English and Spanish.
The article proposes the discursion of what legal language is worth-its orality and its writing, support pillars of this field, which the Law Enforcement agents use in their profession to be well understood and thus win the case with the thesis presented in proceedings. What would be the characteristic of this profession? The need for conviction-a major tool of all those who take on the firm purpose of achieving justice, by right. There are understandings and theses in young scholars and others not so much, of those who are present in Warat, Koch, Bakhtin, and Tercero, who are fundamental to this study, who draw up understandings regarding the conduct and use of legal language, its current peculiarities and its traditions with a force of immutability, but that makes the legal work-teaching or militant, the differential of the operators that know and dominate and those who only observe.
Legal genres in English and Spanish: some attempts of analysis
Understanding the differences and subtleties between the legal communication of the English-speaking world, and the Continental law countries-and, more specifically, Spain-has become a necessary practice in the global context. For the most part, it involves unravelling the differences and concomitances between the array of legal genres produced by the professionals of the specialist communities within these two traditions (i.e., Common Law and Continental Law). This paper attempts an analysis in layers-generic or pragmatic, textual or cognitive, and formal or superficial-of two types of genre within the domain of public and private law, namely delegated legislation and tenancy agreements or leases, the study of which has been seldom attempted, despite the customary presence of these instruments in the legal routine. The result of such analysis will, hopefully, cast some light on the way these communities interact within themselves and with the rest of the world, providing new clues to tackle the application of those genres and making it possible to draw new conclusions about the way in which linguistic interaction takes place in the context of these specialist communities in English and Spanish.
Linguistics in Legal Communication: Language, Communication, Text, Law
Journal of International Legal Communication
The paper encompasses such fields as language, communication, text, law in terms of legal communication. According to language, I try to define the language itself as well as the linguistic focusing mainly on accomplishments of De Saussure. Secondly, it was introduced the subject of communication and its history while taking into consideration the purpose of the paper: legal communication. Legal communication is based on juridical language and legal language. I discussed them and emphasised distinctions between them. This part of the paper, which I can describe as an introduction part, ends with an indication of the research on the field of legal communication. The second part deals in general with communication and problems concerning this matter. I paid attention to the problem of communicativeness, because this matter is not as easy to be provided in legal communication as it seems to be. I moved on to the text as a part of legal communication, its main assumptions which by schol...
The paper is situated against the background of a globalized world, where English as a lingua franca tends to neutralize the real character of legal texts in other languages, when transnational application and interpretation are deployed in the course of the establishment of commercial and juridical relationships. The aim of the paper is to demonstrate that cultural and epistemological variances shape legal traditions and, hence, the peculiar traits of their legal texts and their interpretive techniques. Particularly, the Spanish and English-speaking legal cultures spring from different epistemological and cultural contexts which have developed over the centuries. While the former is based upon the French rationalist tradition that supports abstract idealism, deductivism and spiritualism, the latter is modelled on Anglo-Saxon empiricism that promotes pragmatism, philosophical materialism and inductive techniques of reasoning. These differences mark the way in which legal texts are produced and applied in either system, no matter the common purpose they may have. The paper calls for a greater awareness of cross-cultural differences as a necessary tool for the comprehension of the underlying differences in these legal discourses, which may lead to a more accurate application and interpretation of their legal texts. Key words: Anglo-internationalization, legal Spanish, legal English, legal texts, legal interpretation. * Corresponding address: María Ángeles Orts, Departamento de Traducción e Interpretación, Facultad de Letras, Plaza Sto Cristo s/n, 30071 Murcia, Spain.