Translation Approaches to Lexical Observation of Teaching English for Academic Purposes: Inter-Legal Contexts
محسن عادل
1
(
گروه ترجمه زبان انگلیسی ، واحد علوم و تحقیقات شهر قدس ، آزاد اسلامی
دانشگاه ، تهران ، ایران.
)
Ahmad Mohseni
2
(
Faculty of Persian Literature and Foreign Languages, Islamic Azad University, South Tehran Branch, Tehran, Iran
)
کلید واژه: Teaching English, Legal morphology, Law lexicons, Equivalent register,
چکیده مقاله :
Teaching English for the academic law field upon international purposes may implement certain amendments to the resolution on the correlation with morphological and lexical implications in transmission through the legal English texts to the law translated Persian texts in application.Uncertainty in paramountcy of multinational contract regulation such as Joint Comprehensive Plan of Action, linguistic or otherwise, may lead to the legal disputes. More law language complications are predictably to arise when more than one language is involved. Inter-lingual uncertainty such as ambiguity, vagueness and the other meaning indeterminacy feasibly sustains the area that has received inadequate consideration with regard to the legal lexicons system in details. This study focused on inter-lingual fluctuating with the specific reference to the legislative contexts. Therefore, it endeavored to possibly ascertain the discrepancies in corresponding concepts from the morphological and lexical correlations in between the source and target contextual contents. In a survey procedure, fifty main legal topics were provided, conveying sophisticated concepts from the academic text book of criminal law by Elliott and Frances. The data of the translated terms were then analyzed through five Persian academic sources. Afterwards, the obtained information in graphs and tables demonstrated that there remains a critical requirement to minimize the probable deviation derived from rendering legal formations and its lexical applications thereof. In addition, the findings supported that morphological relatedness remains graded rather than absolute, and evince the coordination of legally joint contributions with the form and concept overlap.
چکیده انگلیسی :
آموزش زبان انگلیسی رشته حقوق با اهداف بین المللی در مواردی نیازمند تجدید نظر در همبستگی مفاهیم صرفی و واژگانی در انتقال معادل های رساتر از متون انگلیسی حقوقی به ترجمه فارسی می باشد.عدم قطعیت درتفسیر مفاهیم مقررات قراردادهای چند ملیتی مانند برنامه جامع اقدام مشترک، حاصل از موارد زبانی ، می تواند منجر به اختلافات حقوقی گردد. درانتقال مفهوم معادل بین زبانی ، پیچیدگی‌های گفتار قانونی قابل انتظار است. افتراق محتمل بین زبانی مانند ابهام و هم پوشانی مفهوم ارجاعی با توجه به جزئیات نظام واژگان حقوقی ، حوزه مطالعاتی است که این تحقیق بر نوسانات بین زبانی با ارجاع خاص به زمینه های قانونی متمرکز می باشد. ازاین روی، تلاش بعمل امده تا اختلافات احتمالی در مفاهیم متناظر با توجه به همبستگی‌های صرفی و واژگانی بین محتوای متنی زبان مبدا و مقصد حاصل گردد.در رویکردی پیمایشی، پنجاه موضوع حقوقی اصلی گرداوری گردید که انعکاس دهنده مفاهیم پیچیده تر می بود. این واژگان ها برگرفته از کتاب درسی دانشگاهی حقوق جزا نوشته الیوت و فرانسیس می باشد. سپس داده های واژه های ترجمه شده از طریق پنج منبع دانشگاهی فارسی مورد تجزیه و تحلیل قرار گرفت. پس از آن، اطلاعات به‌دست‌آمده در نمودارها و جداول ارائه گردید که حاکی از یک الزام روری برای به حداقل رساندن افتراقات احتمالی ناشی صور مفاهیم قانونی و کاربردهای لغوی آن می باشد. علاوه بر این، یافته‌ها دریافتی حاکی از ارتباط مورفولوژیکی بیشتربه گونه رتبه می باشد و همپوشانی-همبستگی معنی داری در مفاهیم حقوقی از شکل و مفهوم واژگان است.
Morphological and Lexical Observation in Teaching English For
The Academic Purposes: Inter-Legal Contexts
Abstract
Teaching English for the academic law field upon international purposes may implement certain amendments to the resolution on the correlation with morphological and lexical implications in transmission through the legal English texts to the law translated Persian texts in application.Uncertainty in paramountcy of multinational contract regulation such as Joint Comprehensive Plan of Action, linguistic or otherwise, may lead to the legal disputes. More law language complications are predictably to arise when more than one language is involved. Inter-lingual uncertainty such as ambiguity, vagueness and the other meaning indeterminacy feasibly sustains the area that has received inadequate consideration with regard to the legal lexicons system in details. This study focused on inter-lingual fluctuating with the specific reference to the legislative contexts. Therefore, it endeavored to possibly ascertain the discrepancies in corresponding concepts from the morphological and lexical correlations in between the source and target contextual contents. In a survey procedure, fifty main legal topics were provided, conveying sophisticated concepts from the academic text book of criminal law by Elliott and Frances. The data of the translated terms were then analyzed through five Persian academic sources. Afterwards, the obtained information in graphs and tables demonstrated that there remains a critical requirement to minimize the probable deviation derived from rendering legal formations and its lexical applications thereof. In addition, the findings supported that morphological relatedness remains graded rather than absolute, and evince the coordination of legally joint contributions with the form and concept overlap.
Keywords: Legal morphology, Law lexicons, Teaching English, Equivalent register
INTRODUCTION
Law texts in teaching
Teaching academic English for legal translation adoption of law texts virtually postulates that certain multidimensional approaches for transforming segments of information from a source law text into the relevant target text field. One of the many criticisms of modular programs is that students tend to be over assessed (Burridge et al., 2012, p. 51).Law students are moved into a new world, in which legal judgment is circumscribed by linguistic norms, texts and the arguments they permit, and layers of authoritative language (Durant& Leung, 2016, p.187). The English legislator, in other words, has chosen to extend the scope of application of the Rules to yet a number of other situations beyond what are required by the text of the convention itself (Wiedenbach, 2015, p.51).
To investigate implications of legal lexicons in educating classroom, it virtually becomes imperative; from view point of vitality of legal and criminal situations, to evince that each method should teach and translate the cultural concepts of the source language to its semantically associated equivalent of law contexts in the target language in application.
Equally, human rights issues may appear more generally in those courses dealing with the United Kingdom’s constitutional framework and the English Legal System (Burridge et al., 2012, p. 51). There are certain current translation technologies in teaching law texts which nonetheless have semantic conceptual discrepancies, incoherence in register and obscurity in the field of legal-context translations when applied to semantic implications in teaching academic law text type.
While it remains a term that would generally be accompanied by translation or explanation, or refers to a process found in a legal system outside the United Kingdom, it has no place in an English legal or judicial dictionary (Mac Aodha, 2014, p.70). In practice, teaching legal texts may considerably acquires its application in sophisticated international cases of the past legal disputes in which, occasionally, the destination of a nation would be submitted to endurable alterations. Another field where English is used as a primary means of legal communication is public international law with most treaties drafted and adopted in English and only subsequently translated into the languages of contracting states for ratification (Mac Aodha, 2014, p.132). It is clear that research for producing the body of knowledge needed in teaching legal linguistics is conducted not only by legal linguists, but by legal scientists, linguists, translation scientists and so on, as is required by a discipline which is at the same time multi-, cross-, inter-, and transdisciplinary. Interaction between the different traits and disciplines is a necessary condition (Williams &Tessuto, 2016, p.275).
Teaching English for law implications and current practical applications in overseas implications to defense in international courts requires teachers in law training lexical contexts to comprehensively stablish a multidisciplinary approach beyond the academic classes through simultaneously pervious and current international law dispute cases such as the process of nationalization of the oil industry, ratified on March 20, 1951, by the constant endeavors and the legal struggles of Dr. Mossadegh and his legal team at the Hague International Court, which led to the victory of the legal defense bill for the nationalization of the oil industry. The currently Joint Comprehensive Plan of Action (JCPOA), endorsed by all the parties in 2015, however, has evinced one paramount case treaty of remarkably lexical and contextual sorted of international legal protocol settlement. According to the Vienna Convention on the Law of Treaties (UN 1969, Article 2), treaty means an international agreement concluded between states in written form and governed by international law. As such, a treaty is an important text: it is a binding document whose effect extends over the entire nation that is a party to it (Biel, et al., 2019, p. 67).
The perspective of the latter mentioned convention according to multiple notions and natures in the European law contextual regulations and it’s the culmination of implicative enforcement may sustain the multifaceted emanation from an extensive and intensive of international treaty of the nation. Differently from what happened in different sectors of EU Law, private international law rules aimed at providing a uniform set of rules for follow-on claims, and thus at contributing to the foregoing goals of the EU legal order, have been enacted at the EU level well before a uniform substantive discipline was achieved (Marino, et al., 2018, p.99). This regulation of a revised Joint Comprehensive Plan of Action can maintain a correlative instance of theory, strategy and academic approach toward gaining national stability and statues.
Variability of the legal situations
The relationship between situation, context and universe are related in exactly the same way as utterance is to sentence and sentence to proposition, i.e. the situation is contained in the context and the context in the universe of discourse (Bell, 1993, p.110). Within a given topic, the sequence in which points are made about that topic can provide important information to readers, who normally expect the most important points of a discourse to be made fi rst and the less important ones to follow. Consistent with this expectation, if the most important points about that warning topic are delayed until later in the topic, the discourse impact of that warning can be diminished or diluted. This is particularly important when the topics are warnings about serious hazards (Shuy, 2008, p.96). The discrepancies of international legal systems organize multiple layers of legal body in law enforcement and the observational approach toward circulating and transcending lexical interpretations in various legal systems in international law cases tailored to foreign citizens and law suits thereof. Even laws or the sense of justice are never fixed as the changing and more rapidly changing legal qualifications of trials have shown. Change being perhaps the only constant requires that we “recognize that general legal rules and principles are working hypotheses, needing to be constantly tested by the way in which they work out in application to concrete situations (Neuwirth, 2018, p. 167).
In implementing semantic information-sensitive strategy, a comparative experiment with the teaching approach developed in the criminal law domain has been conducted. Semantics of evaluative morphology, which requires a more profound examination, practically demonstrate as a prerequisite for considering converging and diverging legal system, whereupon translation observed in teaching. It will also be important for linguists, in this age of international courts, to understand the discourse practices of international law, and to familiarize themselves with the customs and mores of other countries' legal systems (Olsson, 2008, p.15). The connection with truth in law is that there is unsettledness and controversy regarding which norms are and are not valid norms in the legal system at a particular time, either because there is controversy as to whether considerations of justice can invalidate an otherwise valid norm or add to the list of social-source-based norms; or because there are justice- or coherence-based changes to social-source-based norms that judges can make or, in some sense, should make, but have not yet made(freeman fba& Smith,2011, p. 39).
Attempts to make text legally accurate through excessive (and impenetrable) detail are often flawed. For example, trying to define an organization’s powers through a comprehensive list will inevitably lead to problems. Eventually a situation that the drafter had not foreseen will arise (Durant & Lueng, 2016, p.176). One overlapping area of concern between linguistics and law is the definition and status of literal meaning. Legal canons of interpretation make reference to this concept, and so do legal judgments (Hutton, 2009, p.85). As the minimal meaningful unit, legal morphemes are implicitly constructed in learning procedures by law students in their abstract and concrete effects, and that every single morpheme comprising a complex word has or should have a clear-cut and easily-identifiable meaning. Since textualism admits that, in trying to figure out what the law says, we cannot be content with the semantic content of the relevant expression, and that we must be guided by various pragmatic factors in trying to determine the assertive content of the relevant legal provision, textualism has already conceded that the communication intentions of the lawmakers are what we aim to ascertain (Marmor, 2014, p.117).
This, per se, definitely may expose a fragmentary account of the issues in question when receding into the distance of the comparative linguistic law situations. Semantics is about the relation of words to thoughts, but it is also about the relation of words to other human concerns. Semantics is about the relation of words to reality—the way that speakers commit themselves to a shared understanding of the truth, and the way their thoughts are anchored to things and situations in the world (Neuwirth, 2018, p. 163). The legal system depends on language. Establishing meaning essential to the pursuit of justice is difficult enough in one language. The complexity grows exponentially when two or more languages are involved (Kibbee, 2016, p. 194).
Research hypothesis in the legal context teaching
Through the null hypothesis of non-notable discrepancies upon English legal translated lexicons into Persian, this study has analyzed and assessed the data under the observation to infer plausible implications.
Morphological considerations
Hypotheses of morphological processing differ on the issue of how lexical information is stored and accessed. Principle of economy, that is, it should be brief and meaningful and the combination should be meaningful semantically (Katamba, & Stonham 2006).Legal texts in bilingual perspective based on their contextual complications emanate virtual reconsiderations in deduction and inferring toward common and criminal cases.
The juxtaposition of legislative definitions may make explicit relevant similarities and differences between concepts not belonging to the same jurisdiction (Aodha, 2014, p.76).
The lexicon of fundamental structural language in the law of obligations is of arguable content. Some words are not used in all of the legal systems under study, and some are used in quite varying ways, not all of which are arguably structural or taxonomic(Hogg, 2017, p.2). This approach requires revisable proposition occurrences upon legal lexicons due to their characteristics which necessitate applying particular sentence structures in the law register. We can expand beyond the effects of grammatical categories on speakers’ habitual perceptions to examine the effects of the contextual organization of language as a system in use. Viewed in this way, linguistic ideology and meta-pragmatic structuring can be understood as powerful influences shaping lawyers’ orientations (Mertz, 2007, p.28).
Teaching approach through utilizing law dictionaries, consulting and adopting certain frameworks from distinguished lawyers, and referring to the academic contextual domains in the law documents may develop a type of comparative and analytic approach for constructing a proposed perspective toward the law students to stablish their inference and implications in overlapping and sophisticated law situations.Techniques such as term extraction, lexical analysis, parsing and statistical collocations yield textually derived information, which can then be re-engineered into ontological concepts, concept properties and relations (Francesconi, et al., 2010, p.117). This enforcement illustrates itself especially in the alternative aspects of international of law documents in a detailed abstract level.
The objective features of adopted morphemes in emanating their lexical references require the law students in the source language organizing to understand law articles to the law controversial cases.Regarding semantics of meaning, the interpretation of conceptual legal lexicon is thus performed along a continuum model ranging from legal theory to inter-linguisticTranslation (Masiola & Tomei, 2015, p.22). To this aim, morphological considerations in comparative law documents and issues may provide feasible accuracy in the interpretations of law articles and its regulations. Current theories of morphology do not approach the properties of morphological relations in these terms. Instead, they focus on the similarities and the differences between morphological and syntactic objects in terms of notions such as morphological relatedness and derivational autonomy (Di Sciullo, 2006).
Textual assignments in observation
In the law assignment of the academic English sessions, there are critical considerations to be included. The contextual axes of the legal field structures in transforming the consecutive productions of law articles and amendments in source and target texts, and the lexical formations according to the confirmed inclination of the legislation applications may maintain developing procedures for productive approaches to establish more profound legal insights of the learners into lexicons and structures. One of the factors which determine the order in which the constituent clauses of a sentence are arranged is the principle of Resolution, the principle that states that the final clause should be the point of maximum emphasis of communicative dynamism (Quirk et al., 1985, p.1036).
Research focus in teaching legal lexicons formation through morphology
This study through long term of teaching English for law academic purposes has made every endeavor to analyze the effective and efficient parameter of legal lexicons in the law text adopted from Criminal law by Elliott&Quinn and their Persian equivalents in the translated text books of the academic assignments for the law faculty students. Furthermore, it has practically sustained of paramount importance that the insightful implications of the students should become exposed through law dictionaries to the current domain of the distinguished legal practitioner’s approximation due to expertise and experiment.
In addition, the teaching approach undoubtedly confirms the other significant elements of the principle, requiring particulars of legal textual structures and entailment in comparative documents, discrepancies in international legal systems, and fundamental corpora of information inferred in law articles and amendments offered in codes, units, and integrated paragraphs. This investigation has obtained certain legal benchmark lexicons for analyzing and the proceeding concentration thereof.
Consistency of legal lexicons in assessment
In parallel drafting, the main difficulty concerns the unity and consistency of the two language versions (Olsen, et al., 2009, p.126).
Is there consistency between teaching legal lexicons and their Persian corresponding in adoption of judicial procedure?
METHOD
Methodological procedures
Hart applied his central or standard case methodology not merely to the meaning of the language of a legal rule but also to the process of identifying the appropriate subject matter for a concept of law: the clear standard case of the municipal law of a modern (Western) state, and what are taken to be its central set of elements (Freeman &Smith, 2013, p.78).
Data in assessment
In this cross-sectional, observational study, fifty legal lexicons of critical concepts have been screened throughout from the academic book of criminal law by Catherine Elliott and Frances (sixth edition, 2006).
Participants
The critical lexicons of the predominant legal concepts in their correlated morphemes extracted from Criminal Law (Elliott & Quinn, 2006) and the comparative analysis conducted through surveys and points of views obtained from:
I. Dr.Keshavarz, Senior attorney-at-law
II. Dr.Azimzadeh PhD, in criminal law at Azad university
Materials
In addition, the following resources have been considered into this research:
Ш. The translated book of Criminal Law into Persian (Forozesh & Ghanbari, 2008)
IV. The Translation of Legal Dictionary by Rahnama publisher (English-Persian, Yazdi, 2006)
V. Academy of Persian Language and Literature
The initial data of lexical content meanings has been provided onto the table one, which emanates the general information of law morphemes and lexicons undergoing analysis.
Procedures
The comparative legal lexicons in application according to the approximation of contextual implications have been extracted and separately categorized by their percentages primarily through one to four. The second step has assessed the data by employing z-scores, p-values, and then confidence levels to attain the basic state of each group’s utilization. The perspective evaluation of total correlation of both English and Persian translation from the legal morphemes into the inferred associated lexicons has been illustrated in graphs five and six for a more insightful proceeding. The third stage of the research has been allocated to the percentage of lexicons coordination in approximation of equivalence toward appraising non-equivalence groups and z- score calculation for two- population proportions through graph seven and table six accordingly. Register confirmation and progression in every two acquired categories of four in percentage and their z- score calculation for every two- population proportions have been provided through graphs eight and nine as well as tables seven and eight. In addition, tables nine and ten demonstrate the standard error calculation. Graph 10 depicts the total equivalent lexicon distribution. Finally, tables eleven and twelve express the impressive complication in the correlative correspondence between morphemes and lexicons applied in this study.
Data analysis
Initial assessment
In this stage, by comparing the data of translated legal morphemes as the standard usage of every segment participated, table one has yielded its prevailing recurrence of the implied lexicon through diverse participants: Dr. Bahman Keshavarz attorney at law, Dr. Azimzadeh PhD, in criminal law at Azad university, translated text book by Frozesh, Rahnama law dictionary(English-Persian), and the Academy of Persian literature. The initial findings in Persian lexicons equivalents of five diverse surveys from the target sources with their corresponding English lexicons have constructed table 1.
Table 1
Comparative Analysis of Legal Lexicons, English into Persian
Legal Lexicons extracted from Criminal Law by Elliott&Quinn(2006 | Criminal Law translated into Persian by Forozesh (2008) | Translation of Legal Dictionary (Rahnama. English-Persian. By Abbas Yazdi 2006)) | The verdict of law professor in Criminal Law Dr.Azimzadeh PhD, in criminal law at Azad university | Senior attorney-at-law’s opinion (Bahman Keshavarz) | Academy of Persian Language and Literature |
Abet | همدستی | همدستی -معاونت | معاونت درجرم | معاون جرم |
|
Accomplices | معاونت در جرم | همدست -شریک جرم -معاون جرم | شرکای جرم (شرکت درجرم) | شریک جرم-معاون جرم-شریک |
|
Actus reus | عنصر مادی | عنصر مادی جرم | عنصر مادی | رکن مادی جرم |
|
Aggravated burglary | سرقت شبانه توام با عوامل مشدده | سرقت شبانه توام با عوامل مشدده | ورودبه عنف به قصد ارتکاب سرقت وجنایت به نحو مشدده | ورود به عنف به ملک دیگری به قصد ارتکاب جرم درشب؛مشدده |
|
Aid | معاونت |
| معاونت | معاضدت قضایی |
|
Appropiation | تصرف وتصاحب | تصرف وتصاحب | ضبط اموال -وضع ید بر مال غیر | قصد تملک وبه خود اختصاص دادن |
|
Arson | آتش زدن وحریق عمدی | آتش سوزی از روی بدخواهی | تحریق عمدی | تولید حریق عمدی |
|
Assault | ایراد ضرب وجرح | ضربه -حمله -هجوم -تهدید به ضرب وشتم | تهاجم به قصد ایراد ضرب وشتم | حمله کردن به کسی به قصد آزار بدنی |
|
Battery | ایراد ضرب وجرح | ایراد ضرب وجرح | ایراد ضرب وجرح | ایراد ضرب وجرح |
|
Blackmail | باجگیری واخاذی | باجگیری واخاذی | اخاذی | حق سکوت -باج سیبیل |
|
Breach | نقض قانون | نقض قانون | نقض | نقض -تجاوز به حقوق دیگران |
|
Table 1
Comparative Analysis of Legal Lexicons, English into Persian
Legal Lexicons extracted from Criminal Law by Elliott&Quinn(2006 | Criminal Law translated into Persian by Forozesh (2008) | Translation of Legal Dictionary (Rahnama. English-Persian. By Abbas Yazdi 2006)) | The verdict of law professor in Criminal Law Dr.Azimzadeh PhD, in criminal law at Azad university | Senior attorney-at-law’s opinion (Bahman Keshavarz) | Academy of Persian Language and Literature |
Burden of proof | بار اثبات | بار اثبات | بار اثبات | بار اثبات |
|
Burglary | دزدی توام با تخریب وتجاوز وصدمه | دزدی با اعمال عنف -سرقت شبانه | ورود به عنف به قصد ارتکاب سرقت وجنایت | ورود به عنف به ملک دیگری به قصد ارتکاب جرم درشب |
|
Causation | علیت | علیت | سببیت | علیت | علیت |
Consent | رضایت | رضایت | رضایت | رضایت | رضایت |
Continuing acts | افعال مستمر |
| افعال مستمر-جرایم مستمر | عمل مستمر |
|
Corroboration | قاعده ادله تکمیلی | تایید | ادله موید اذله قبلی | ادله موید اذله قبلی |
|
Counsel | مشاورت | رای دادن-نظر دادن | وکیل-مشاور حقوقی | مشاوره | مشاوره |
Crimes of negligence | جرائم سهل انگاری | جرائم قصور | جرائم ناشی از بی مبالاتی | جرائم بی مبالاتی |
|
Criminal damage | خسارت جزایی | خسارت جزایی | ضرروزیان ناشی از جرم | خسارت جزایی |
|
Dishonesty | تقلب | تقلب | تقلب | تقلب |
|
Entry | ورود | ورود | ورود؛دخول | ورود | ورود |
Gross negligence | مسامحه شدید | قصور فاحش | بی مبالاتی شدید(فاحش) | تقصیروتعدی درنگهداری مال |
|
Gross negligence manslaughter | قتل غیر عمد ناشی از مسامحه فاحش | قتل غیر عمد ناشی از مسامحه فاحش | قتل غیرعمدناشی از بی مبالاتی شدید | قتل غیرعمدناشی از بی مبالاتی شدید |
|
Handling | معاملات مال سرقتی | خریدوفروش کردن | مداخله در اموال مسروقه | خریدوفروش کردن | هدایت پذیری |
Ineffective | بی تاثیری | بدون تاثیر قانونی | بی نتیجه ؛ بی اثر | بی نتیجه ؛ بی اثر |
|
Table 1
Comparative Analysis of Legal Lexicons, English into Persian
Legal Lexicons extracted from Criminal Law by Elliott&Quinn(2006 | Criminal Law translated into Persian by Forozesh (2008) | Translation of Legal Dictionary (Rahnama. English-Persian. By Abbas Yazdi 2006)) | The verdict of law professor in Criminal Law Dr.Azimzadeh PhD, in criminal law at Azad university | Senior attorney-at-law’s opinion (Bahman Keshavarz) | Academy of Persian Language and Literature |
Intention | قصد | قصد | قصد | قصد | نیت |
Joint enterprise | اقدامات مشترک |
| تعهدات مشترک | اقدام مشترک |
|
Knowingly | آگاهانه | عالمانه | عالماً | عالماً |
|
liability | مسئولیت | مسئولیت | مسئولیت | مسئولیت |
|
Manslaughter | قتل غیر عمد | قتل غیر عمد | قتل غیر عمد | قتل غیر عمد |
|
Mens rea | عنصر معنوی | سوء نیت | عنصر معنوی | قصد مجرمانه |
|
Negligence | مسامحه | مسامحه | بی مبالاتی | غفلت |
|
Offences | جرائم | جرائم | جرائم | ارتکاب جرم |
|
Passage of ownership | انتقال مالکیت |
| انتقال مالکیت | انتقال مالکیت |
|
Possession | داشتن | تصرف | تملک ؛ مالکیت | تصرف |
|
Procedure | دادرسی | رویه قضایی | آیین دادرسی | رویه قضایی | روال |
Procure | فراهم ساختن مقدمات جرم | تحریک کردن | تهیه مقدمات جرم -تحریک بزه کار به جرم | تهیه مقدمات جرم |
|
Property | دارایی | دارایی | اموال | دارایی |
|
Provocation | تحریک | تحریک | تحریک | تحریک |
|
Recklessness | سهل انگاری |
| بی پروایی | بی پروایی |
|
Regulatory offence | جرم مغایر با منافع عمومی |
| جرائم متضمن نقض آیین نامه ها | جرائم متضمن نقض آیین نامه ها |
|
Remoteness | غیر قابل ملاحظه | رابطه بعید بین خلاف وزیان وارده | غیر مستقیم بودن -بعید بودن در خسارت | غیر مستقیم بودن |
|
Table 1
Comparative Analysis of Legal Lexicons, English into Persian
Legal Lexicons extracted from Criminal Law by Elliott&Quinn(2006 | Criminal Law translated into Persian by Forozesh (2008) | Translation of Legal Dictionary (Rahnama. English-Persian. By Abbas Yazdi 2006)) | The verdict of law professor in Criminal Law Dr.Azimzadeh PhD, in criminal law at Azad university | Senior attorney-at-law’s opinion (Bahman Keshavarz) | Academy of Persian Language and Literature |
Robbery | سرقت با توسل به زور | سرقت همراه با اعمال زور وخشونت | سرقت توام با آزار وتهدید | اخذ مال به عنف |
|
Secondary parties | طرفهای دوم | طرفهای دوم | طرفین دوم دعوا | طرفین دوم |
|
Supervening fault | تقصیر ناگهانی |
| خطای ناشی از علل غیر مترقبه | خطای ناشی از علل غیر مترقبه |
|
The principal offender | متهم اصلی | مجرم اصلی | مجرم اصلی | مجرم اصلی |
|
Theft | سرقت | سرقت | سرقت ساده | سرقت | سرقت |
Transferred malice | سوء نیت انتقال یافته | سوء نیت انتقال یافته | قصد انتقالی | سوء نیت انتقال یافته |
|
Trespass | تجاوز به حریم | تجاوز به حریم | تجاوز به مال یا شخص | تجاوز یا تعدی کردن |
|
Morphological and lexical analysis
The second step presents the percentage coordination in application between legal morphemes and their associating lexicons thorough comparisons analogous with the source language. The outcomes have then been undergone assessment to manifest their confidence levels for the initial inferring. This stage includes graphs 1 to 4, and tables 2 to 5, in terms of percentage.
Graph 1
Percentage of lexicons Coordination
This graph supplies five morphemes, which have one same morphological equivalence according to the entire participants ,thus the scope of evaluative morphological domain to their relevant lexical implications becomes 100 percent for this group .
Table 2
Confidence Level
Z-Score | The P-Value | Confidence Level |
Z = (X - μ) / σ | 0.382089 | 38.21% |
Z = (10 - 25) / 50 | ||
Z = -0.3 | ||
Result | not significant at p < .05 | |
Table 2, by z-score of -0.3 and p-value of 0.382089, sustains 38.21% of confidence level in application of their legal morphemes to the inferred lexicons. The p-value of 0.382089, which is not significant at p < .05, implies the rejection of null hypothesis, and the confidence level of 38.21compared to the obtained z-score of -0.3 remains under the desired confidence interval level, at least z-score: 1.28 and confidence level of .90.
Graph 2
Percentage of lexicons coordination
Graph 2
Percentage of lexicons coordination
Graph 2
Percentage of lexicons coordination
Graph 2
Percentage of lexicons coordination
The indications of graph 2 stipulate that thirty three legal morphemes of the total have nearly the notable correlated lexicons of eighty percent in viewpoints of four of five participants in this study; hence the scope of evaluative morphology is 80 percent for this group.
Table 3
Confidence Level
Z-Score | The P-Value | Confidence Level |
Z = (X - μ) / σ | 0.206108 | 79.39% |
Z = (66 - 25) / 50 | ||
Z = 0.82 | ||
Result | not significant at p < .05 | |
The findings of table 3 also express that, with z-score of 0.82, p-value of 0.206108 to reach 79.30 of confidence level in the coordinated utilization of law morphemes and lexicons, it is not significant at p < .05. Therefore, this stage is incompatible with the null hypothesis.
Graph 3
Percentage of lexicons coordination
Graph 3
Percentage of lexicons coordination
Culminating in sixty percent through ten morphological-lexical relationships of words, graph 3 maintains its overt application of the legal collocations as well. This extraction has been put forward through three participants of the investigation for having conjoint correlations of these legal lexicons.
Table 4
Confidence Level
Z-Score | The P-Value | Confidence Level |
Z = (X - μ) / σ | 0.460172 | 46.02% |
Z = (20 - 25) / 50 | ||
Z = -0.1 | ||
Result | not significant at p < .05 | |
The z-score of -0.1 and confidence level of 46.02, which are below the desired level of z-score, 1.28 and confidence level of .90, table 4 discloses the result of not being significant at p < .05. These inferential statistics interpret that the null hypothesis is not valid.
Graph 4
Percentage of lexicons coordination
The fourth graph illustrates that exclusively two of the research participants have emanated the identical morphemes correlated to their lexicons, consequently 40 percent stands for this group.
Table 5
Confidence Level
Z-Score | The P-Value | Confidence Level |
Z = (X - μ) / σ | 0.337243 | 33.72% |
Z = (4 - 25) / 50 | ||
Z = -0.42 | ||
Result | not significant at p < .05 | |
Table 5 remarks two parameters of z-score at -0.42 and confidence level for 33.72. Concluding the result at p < .05, which is not significant, the observation of table 5 assumes that the null hypothesis is repudiated.
Graph 5
Percentage of lexicons coordination
Graphs five and six have produced an illustrative perspective of morphological and lexical contributions toward the semantic and pragmatic construction in the academic and current occurrence both in intra and international concerns of legal challenges. One remarkable concept defines overlapping critical discourse of the morphemes with longer collocations in their interpretations. This trait can be considered in the source and target language in commute and communication simultaneously.
Graph 6
Percentage of lexicons coordination
RESULTS
The analysis of the mentioned findings has been construed in inferring certain morphological and lexical applications. The information analyzed through graph 2 in comparison to the rest of the figures of graphs 1, 2, and 4 has evinced that 74 percent of homogeneity in the legal lexicons destination approaches in disagreement to 26 percent of the law lexicons remaining inconsistency. Graph 7, in other words expresses that 26 percent of 50 words have unequal morphemes in the scope of evaluative morphology, and 74 percent of lexicons have more accurate morphemes in the scope of evaluative morphology. Table 6 concentrates on the population proportions of these two general groups to procure their probable correlations. P-value, which arrives at < .00001, exhibits the significant result at p < .05. This tendency may imply to the effective procedure approach of teaching and translation when connecting to the sociocultural confirmation.
Graph 7
Percentage of lexicons coordination
Table 6
Z- Score Calculator for 2 Population Proportions
value of z | value of p |
|
-∞ | < .00001 |
|
Result | significant at p < .05 | |
Graph 8 probes into the corresponding morphemes in the scope of evaluative morphology and the range of morphemes correlating to the pertain lexicons in both legal source and target texts in their register states.
Graph 8
Percentage of lexicons coordination
Graph 8 states that the closeness of the equivalent concept of lexical morphemes in their register domain occurs where there is nearly non-equality in the scope of morphemes, and this is for 70 percent of lexicons, yet in cases that the field of morphemes is limited to the identical range at face, the equivalent register implications could not be appropriately conveyed. Table 7, through calculation of p-value at < .00001, articulates significant result at p < .05.
Table 7
Z- Score Calculator for 2 Population Proportions
value of z | value of p |
|
| < .00001 |
|
Result | significant at p < .05 | |
To observe the notable inference of preceding statement, it may be of high importance that there are two implied notions of morphology which are proposedly more in opporation. That the morphological relatedness is graded rather than absolute, and depends on the joint contribution of the form and meaning overlap.In addition, compound terms perform a surprisingly critical function in the organization of the lexical ontologies. This state is 100 percent in graph 9 , where all words in both domains have unequal morphemes in their legal contexts.
Graph 9
Percentage of Lexicons Coordination
Table 8
Z- Score Calculator for 2 Population Proportions
value of z | value of p |
|
| < .00001 |
|
Result | significant at p < .05 | |
Table 8 accounts this state by providing p-value of < .00001, and recounts the significant result at p < .05. This can imply a meaningful development accumulated on one circumstance.
Table 9
Standard Error Calculation
Scores | Deviation (X - M) | Squared Dev. |
10 | 15- | 225 |
66 | 41 | 1681 |
20 | 5- | 25 |
4 | 21- | 441 |
M: 25 |
| SS: 2372 |
Table 10
Standard Error Calculation
Standard Error Calculation |
N: 4 |
M: 25 |
SS: 2372 |
s2 = SS/(N - 1) = 2372/(4-1) = 790.67 |
s = √s2 = √790.67 = 28.12 |
SE = s/√N = 28.12/√4 = 14.06 |
Tables 9 and 10 convey the standard error calculation, when compared to the four confidence levels in the preceding; the necessity of instituting far more measurement in organizing the unity of the verity of morphological and lexical correlation may be appreciated. Graph 10 offers a perspective of this implication.
Graph 10
Total Equivalence Distribution
As it can be observed, the findings support the proposed concepts that the combination of legal morphs for the associating lexicons should be meaningful semantically, and morphological relatedness appears graded rather than absolute, and contingent upon the collaborative contribution of form and meaning overlaid. Compound terms in view point of the organization of lexical ontologies are of paramount importance. An example may reinforce these concepts more. The instance of aid, abet, counsel or procure adopted from the section eight of the Criminal law defines these terms according to the Act 1861 that liability as a secondary party lies on 'Whosoever shall aid, abet, counsel or procure'. Thus there are four types of secondary liability: aiding, abetting, counselling and procuring. Aiding signifies helping the principal at the time when the offence is committed.
Providing that some help is given, the prosecution does not have to prove that the help caused the principal to commit the offence, nor that the principal even knew about it. Abetting comprises encouragement to commit the crime, which is given at the time that the crime is committed. The principal probably needs to be aware of this encouragement, though the encouragement need not have caused the principal to go ahead and commit the principal offence. Counselling encompasses encouraging the principal to commit the crime. Since encouraging someone at the scene of the crime is abetting, counselling covers giving such encouragement before the crime takes place. The principal must at least be aware that they have the encouragement or approval of the secondary party to commit the offence, and there must be some causal link between the encouragement and the commission of the offence. On the other hand, it is not necessary to prove that without the counselling the offence would not have been committed. Procuring is defined in Attomey-Gcneral's Reference (No.1of 1975). The Court of Appeal specified that to means 'to produce by endeavor'. This suggests that procuring an offence means causing it, or bringing it about and this does not necessarily require the agreement or knowledge of the principal. Figure Liability of secondary parties is summarized in table 11.
Table 11
Figure Liability of Secondary Parties
Encourage | Help | |
Before | Counsel | Procure |
At the time | Abet | Aid |
Comparatively considering, it can be deduced that the legal morphemes chosen at face appear appropriate. Notwithstanding that, the deep meaning in the point of legal texts differs considerably. Table 12 presents this inducement of different application between legal morphemes and their related lexicons.
Table 12
Different Application between Legal Morphemes and Their Related Lexicons
Eclectic | Legal | Criminal Law translated into Persian by Forozesh | Translation of Legal Dictionary (Rahnama. English-Persian. By Abbas Yazdi 2006)) | The verdict of law professor in Criminal Law | Senior attorney-at-law’s opinion (Bahman Keshavarz) | Academy of Persian Language and Literature |
Legal lexicons | lexicons | |||||
-2 | extracted from Criminal Law by Elliott&Quinn | |||||
1 | Abet | همدستی | همدستی -معاونت | معاونت درجرم | معاون جرم |
|
5 | Aid | معاونت |
| معاونت | معاضدت قضایی |
|
CONCLUSIONS
This paper draws the conclusions that the interpreting of existing legal provisions hinging upon the entailment of the legal structures which is resulted from the lexicons’ association through the combination and contribution of morphs to creating legal morphemes in the law contextual contexts should be of critical significance. The first four findings, which are under the desired level on comparison in essence, manifest that there has not most likely been a thorough determination for having a constant procedure upon deriving the linguistic concerns into a productive tendency.
Consequently, policy makers in the domain of English teaching undoubtedly for the legal intonation need to fulfill the prerequisites as to this aim. The importance of translation in teaching English academic purpose in the law discipline is considering an extensive deficiency of legal terms and concepts extended from law faculties through to the various layers of social communities in judiciary challenges. This impact becomes more sophisticated in the international lawsuit and conflicts such as proofreading the Joint Comprehensive Plan of Action.
The constant negotiation between different morphological meanings and law logics as well as the formality of modern law systems are constitutive elements in the operative teaching English as an academic purpose through more successful approaches. There exists an unfulfilled need for providing more productive lexicons from morphological formation, since it is highly sensitive to transmit the exact concept adequately, or it may lead to loss and damage.
Furthermore, the research findings indicate that the cognitive options that were taken as resources for the evasion of law teacher as the translator as well has the responsibility a disagreeable meaning which occur in the mind implications of the learners.
These controversies rooted in the exclusive nature of legal contexts may not be settled down unless the insightful attitudes from academicians through to the entire affected linguistic segments make every endeavor to revise the existing legal register in order to minimize the applied discrepancies in the tangible lawsuits. Although the faculties of law in this research have been so cooperative, the legal requirements of the English text types implement a policy for revising teaching attitude toward evaluating English teaching as a multidisciplinary approach, which the potential of negotiations with all the other disciplines to diminish the disorders and uncertainty in wording the translated lexicons.
IMPLICATIONS
This study, in view of inclusive survey conducted through the university and the Academy of Persian Language and Literature, has implied that there is considerable insufficiency in articulating the exact Persian equivalents of the English lexicons in the law register. This assuredly evolves into complications especially when the legal corresponding of the Persian register becomes a must. In teaching English for academic purpose in law faculties, the advanced knowledge of English structure is a crucial stance that should be recognized according to the ever progressive of the modern English today.
Moreover, teaching English for educating law university students assumes that there should be a constant research upon controversial cases both internally and internationally for the constructive literature in the source and target languages being recognized and reorganized. The contemporary legal treaty challenges of international conventions in encountering multiple implications and interpretations of legal lexical in the European law contextual and the other parties may stand of valuable research domains for teaching English for law purposes.
The achievements of these observations would require being continuously revised according to the former and present legal disputes and settlements. In addition, implicative enforcement of international law articles which of which may sustain or desecrate the manifestation of an individual or public rights, especially in overseas fields, illustrates an in-depth English teaching for academic purpose, particularly in law teaching texts with their contextual commentary of international treaty upon the nation’s rights. This required teaching approach may transcend the mere teaching task and may have the insights and outlooks of the present and future perspective in training expert legal team in coordination such as what occurred in the Joint Comprehensive Plan of Action at present as well as the legal team at the Hague International Court, which led to the victory of the legal defense bill for the nationalization of the oil industry.
The legal case observations in court environments can be of paramount importance for English teachers and students as well. The field research of international disputes via the internet and its webinar are in practical use for enhancing and conducting research of challenging issues. Research-based approaches to the present international law cases are proper tools in contextual translation and learning the application of lexical terms in both the source and target texts conjoining the discursive negotiations. Teaching English for the legal academic may maintain a correlative English professional deep-structure resulted from the contextual grammar, legal lexicon usage, the development of academic deduction and inferring corresponding to the associated law practice intra and internationally. Therefore, in teaching English for law, the constant engagement of law students in English contextual grammar and legal terms implications may per se put forwards innovative research projects through which the academic faculty would perform a more sustainable function in ongoing and succeeding practical applications of the legal teams in challenging international negotiations and disputes.
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