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Formal and Linguistic Aspects of Judicial Decisions
Hau, Vojtěch ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
Formal and Linguistic Aspects of Judicial Decisions Abstract The central theme of the thesis is a written form of justification of judicial decisions, which is a crucial element in preventing arbitrariness in judicial decision-making. The aim of the thesis is to examine current form of civil judicial decisions of district courts. In order to do so, the thesis starts by doctrinally defining types of macrostructure and internal logic of judicial decisions, bound and free decision-making, and especially historical and ideological background of the Anglo-American, French and German judicial styles, which also includes the Czech judicial style. The second part describes sources of legal regulation for the reasoning of a civil judgment at the constitutional, statutory, and sub-statutory levels. From sources of law with contribution of case law and expert literature emerges analytical-descriptive section presenting structure of the present reasoning in Czech civil judgments of courts of first instance. In the next part, the thesis proceeds towards achieving its goal - it subjects 150 judgments to empirical research inspired by content analysis, thereby revealing actual compliance with the requirements placed on judges in providing written justifications for judgments. Furthermore, this research enables the thesis...
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Selected lexical units in legal texts and strategies of their translation (Spanish - Czech)
BUREŠOVÁ, Nikola
This thesis deals with the analysis of civil registry documents from five different Spanish-speaking countries. It contains theoretical chapters related to legal language, its vocabulary, and the strategy of translation of lexical units in legal texts. The theory is applied in the practical part of the thesis which approaches the macrostructure of the given documents and divides their legal terminology into thematic headings. As for terminology, appropriate solutions for translation into the Czech language are proposed based on legal definitions, types of equivalence with respect to Czech terms are determined, and these are furthermore compared in terms of their content. Two dictionaries and a terminology database have been used for this purpose. The thesis is written primarily in Czech and contains a Czech conclusion and furthermore a Spanish résumé.
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Lexical And Semantic Specifics of Legal Language
Čížkovská, Anna Marie ; Janovec, Ladislav (advisor) ; Palkosková, Olga (referee)
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...
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Occurrence and interpretation of the portuguese modal verbs "poder" and "dever" in forensic context: contributions to an analysis in legal language
Sousa Coelho Ramos, Joaquim Jose ; Hricsina, Jan (advisor) ; Svobodová, Iva (referee) ; Svobodová, Petra (referee)
Occurrence and interpretation of modal verbs 'dever' and 'poder' in juridical context: contributions to an analysis in legal language Joaquim J. S. Coelho Ramos Abstract: This work aims to study the specific linguistic behavior, as well as to answer emerging questions related to the interpretation of the modal verbs 'poder' and 'dever' in the context of legal language, namely in legal and jurisprudential textual typologies. To achieve this goal, a research strategy was designed based on three distinct lines: 1) through the systematization of an historical perspective and keeping in mind the present state of the art, we've defined a methodological approach oriented into the applied studies of the modality, in European Portuguese; 2) interacting with the knowledge already acquired and relatively stabilized in other languages, namely English, French and Spanish, we sought points of contact or conceptual proximity with related phenomena identified in Portuguese legal language basis; 3), departuring from emerging questions and specific problems triggered by this technical manifestation of Portuguese language (legal language), we sought to identify phenomena associated with the verbs 'poder' and 'dever' which could somehow be stabilized and brought to the context of present linguistic theory studies, especialy to...
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Language, Translation and Law
Lipertová, Ivana ; Kühn, Zdeněk (advisor) ; Žák Krzyžanková, Katarzyna (referee)
Language, Translation and Law The main objective of this thesis is to explore the interconnection of law and language with a special focus on legal translation. The author of the thesis analyses the history of legal translation together with multilingualism in European Union. The thesis is divided into three major parts: "Language in law", "Translation in law" and "Language(s) and multilingualism in the European Union". The author explains the term legal language in the first part. The attention is directed to indeterminacy and incomprehensibility of the legal language as well as to legal vocabulary and stylistics of legal discourse. The author furthermore analyses the role and legal regulation of the legal language in Czech legislation. The plain language movement is noted as well. The second part of the thesis examines in detail various aspects of legal translation. The author summarises legal translation history worldwide as well as the historical development within the Czech territory. Legal translation is addressed on the basis of the specific use of translation (legislation, international treaties, certified translation and interpretation). In the certified translation and interpretation history the author introduces the sworn interpreters cabinet decree of 22 December 1835 (Hofdecret 109....
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Terminology in the field of the Industrial property law of and Analysis of equivalent
VANEROVÁ, Veronika
The aim of this bachelor thesis is to present the terminology of Czech industrial property rights and to find or to suggest the translation of these terms into French. The paper is composed of two main parts, the theoretical part and the practical part. The theoretical part firstly focuses on the basics of the legal language and its uses and then on the introduction to the methods and principals of translation when translating a legal text. In the first section of the practical part the evolution of industrial property rights is presented, with a focus on international conventions relating to this field. The main part consists of the presentation of the legal terms used in Czech law, which are then found in Czech-French dictionaries and the results of this research are then confronted with French law and the international conventions with the aim of finding appropriate legal language equivalents. This work is concluded with a French-Czech glossary and a summary in French.
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Romanisms in the terminology of the New Civil Code and their French equivalents
HODKOVÁ, Kateřina
This work is concerned with romanisms which appear in the terminology of Nový občanský zákoník (Czech Civil Code) and with translation of selected terms into French while special attention is paid to legal concepts. The first chapters deal with the themes of legal language and its translation, translation techniques, loanwords in the Czech language, and romanisms. The following chapter describes the research and the methodology, in addition to analyse of the received results from the perspective of found romanisms and from the perspective of searching appropriate French equivalents. The output of this thesis is a glossary which contains the selected terms and the proposed French translations.
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Occurrence and interpretation of the portuguese modal verbs "poder" and "dever" in forensic context: contributions to an analysis in legal language
Sousa Coelho Ramos, Joaquim Jose ; Hricsina, Jan (advisor) ; Svobodová, Iva (referee) ; Svobodová, Petra (referee)
Occurrence and interpretation of modal verbs 'dever' and 'poder' in juridical context: contributions to an analysis in legal language Joaquim J. S. Coelho Ramos Abstract: This work aims to study the specific linguistic behavior, as well as to answer emerging questions related to the interpretation of the modal verbs 'poder' and 'dever' in the context of legal language, namely in legal and jurisprudential textual typologies. To achieve this goal, a research strategy was designed based on three distinct lines: 1) through the systematization of an historical perspective and keeping in mind the present state of the art, we've defined a methodological approach oriented into the applied studies of the modality, in European Portuguese; 2) interacting with the knowledge already acquired and relatively stabilized in other languages, namely English, French and Spanish, we sought points of contact or conceptual proximity with related phenomena identified in Portuguese legal language basis; 3), departuring from emerging questions and specific problems triggered by this technical manifestation of Portuguese language (legal language), we sought to identify phenomena associated with the verbs 'poder' and 'dever' which could somehow be stabilized and brought to the context of present linguistic theory studies, especialy to...
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Passive in Legal language in German and Czech. Contrastive analysis
Pekárková, Ludmila ; Zeman, Dalibor (advisor) ; Martschini, Elisabeth (referee)
The presented diploma thesis is concerned with German-Czech comparison of the passive voice in legal language. In the theoretical part, the issue of German and Czech passive voice is explained through technical secondary literature. One can find there their basic forms differentiation, the way of their formation, their use in sentences and other basic characteristics. Furthermore, this part introduces the issue of technical language as the current area of today's linguistics. The theoretical findings are employed in the practical part, namely on the Maastricht contract. Firstly, the passive of the German variant of the document is analyzed followed by the analysis of the Czech version. Both of these parts are the starting point of the contrasting exploration of the two language varieties of the mentioned legal document. Czech alternatives to their German passive voice constructions were found, following these three criteria: substitution of German passive voice by Czech active voice, semantic dissonance between the two variants, and the absence of certain passive constructions in the Czech contract. At the end of the thesis, there is an evaluation of the following four hypotheses which were stated at the beginning. The first three hypotheses, which are concerned with matters such as the superiority...
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