Contributions of the philosophy of science to juridical semantics

Transcultural communication in cyberscience

Based on the rapid developments in computer- and web-supported research and science communication, a new theoretical framework is presented that aims at describing in an interactive model knowledge production and presentation in a globalized science community. Starting from a recent revision of translation theory emerging from new insights into the history of science as a history of transcultural creative translation (Montgomery 2000), a knowledge model is elaborated that integrates the historical reconstruction of scientific knowledge production as a pre-requisite for future knowledge management, the transcultural dimension of knowledge transfer through translation across linguistic and cultural boundaries, the driving force of knowledge organization and constant terminological innovation, and the ubiquitous use of computer tools and networking technology (cyberscience). Case studies are presented with empirical evidence in order to validate the theoretical model.

Montgomery Scott: Science in Translation. Chicago, 2000

Cacciaguidi-Fahy, Sophie
Current linguistics practises and cultural challenges among multi national corporation in-house counsels and commercial law firms
This paper presents the results of an empirical study of foreign language skills and the implications of differing legal culture, among commercial lawyers practising as in-house counsels in multinational corporations and commercial law firms. It explores the transitional skills (both linguistic and cultural) required by commercial lawyers in delivering legal services in a multi-lingual and cross-cultural environment.
In particular, the study examines:

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  The current practises and didactic challenges in Foreign legal language learning currently offered to law students;
  

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  The impact of legal cultures and need for legal language skills for commercial law practitioners in MNCs; and
  

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  Their shared experience in delivering legal services in multi-lingual and cross-cultural settings.
  

The paper presents a number recommendations for improving the awareness of other legal cultures among lawyers and in particular examines the policy options for the legal profession regarding the learning of a FL skills and courses in legal cultures. It concludes by exploring the training and didactical challenges for the teaching of legal language as a language for special purposes in an increasingly centralise pan-European system of legal practises, with a growing predominance of common law.

Candlin, Prof. Christopher N.
Developing web-mediated genre-based English language resources for university students of law
together with: V. K. Bhatia, Christian Jensen, Paul Cheung, Ken Keobke, Nicola Langton, Jun Canete, Christoph Hafner
Drawing on the results of a three year research-based project at the City University of Hong Kong [Improving legal English: quality measures for programme development and evaluation], this paper reports on the design and implementation of a genre-based website to make available to L2 students of law a range of English medium study resources, help devices and tasks. These resources and tasks derive from an extensive analysis of university-level legal texts, appraisal of the English medium reading and writing requirements on L2 students of law, ethnographic accounts of the perceptions of law students concerning the communicative challenges facing them in the study of law in English, matching accounts of the perceptions of law tutors, and detailed analysis of samples of students’ writing from a cohort of students taken at points during their legal study career at university. The paper is also informed by the results of a previous project (Candlin & Bhatia, 1998) which focused on the bilingual legal communication competencies required of practising lawyers in Hong Kong.
Cavagnoli, Stefania
Zur dialogischen Erschließbarkeit von Rechtssprachen: Chancen und Wege interkultureller Fachkommunikation
together with: Anny Schweigkofler
Vorgestellt werden Analyse und Konzeptualisierung von dialogisch erschlossenem Fachdenken im Bereich der Rechtssprache (Schwerpunkt Öffentliches Recht). Der Vortrag geht von einem interkulturellen universitären Umfeld aus, in dem mehrere Rechtssprachen und Rechtssysteme interagieren. Basismaterial der Untersuchung sind Ge­sprächsanalysen von Unterrichtseinheiten.
Gezeigt wird der Sozialisationsprozess von StudentInnen unterschiedlicher sprachlicher Herkunft, die mit einem mehrsprachigen Lehrver­anstaltungs­programm konfrontiert werden. Aus dem für sie (all-) täglichen Sprach- und Kulturwechsel lassen sich Parameter einer fachkommunikativen Kompetenz ableiten, die gefördert und ausgebaut werden können.


Cazes, Heidi

Terminology in the translation of literary texts

Terminology is used in special language texts. Nevertheless, terminology is not limited only to specialized texts: it can appear in everyday language and in literary texts.

The translation of terms in literary texts presents special problems that must be analyzed individually. In some cases, terms are used in literary texts for a specific purpose and it is necessary to find the correct equivalent. In these instances, certain problems must be addressed, such as the period and the specific degree of specialization of the term within the context of the text. In other cases, the use of certain terms serves a communicative purpose and the translator must analyze what kind of term will be the best equivalent.
In this paper I will analyze and compare the use of terms in two different texts. One of the texts uses terminology in its “formal” sense, as a special language which in translation shall require exact equivalents. The second text uses terms in a communicative sense and the choice of an equivalent will depend on different criteria.


Chen, Dar-Wu
Revealing the misunderstood identity of ESL/EFL writing students – from perspectives of language proficiency and writing expertise
ESL/EFL student writers used to have quite a few unflattering labels. The common ones are: poor language, poor writing skills, poor organization… et al. The strangest one this writer has heard is: lack of imagination. The issue about these labels is not if they are totally wrong or correct, but what part of the truth they are representing.
These labels can have negative effects on the instructions as well as students. The labels have become yardsticks with which to guide a teacher’s instruction and measure a student’s performance. More often than not, teachers and researchers in the EFL composition community simply take those labels without scrutiny. This reflects the lack of understanding about the characteristics of writing.
Instead of poring over the process of writing, or the problems concerning measurement, the EFL community has the habit of measuring an EFL student’s composition against a model, which is often modelled from certain formats. Thus, in a sense, labels mean that striving to be like the “ good writings” in itself equals the teaching and learning of how to write.
These labels are the convenient products of judging ESL/EFL compositions by one measure only. This paper intends to reveal a different identity of ESL/EFL student writers, through an approach that looks at a student’s English proficiency and writing expertise separately. Thus, teachers and researchers in the field of ESL/EFL composition will have a more reasonable means of understanding a student’s performance. When teachers know how students learn, they will feel more confident about how to teach.

Cheng, David