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Miljen Matijašević, Lelija Sočanac , Faculty of Law , Zagreb Language a nd t he Law: Curriculum Design For Lawyers. Professionalization vs. Deprofessionalization : Building Standards for Legal Translators and Interpreters , Opatija 20 – 21 March 2015. Overview.

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Overview

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  1. Miljen Matijašević, LelijaSočanac, FacultyofLaw, ZagrebLanguage andthe Law: Curriculum Design For Lawyers Professionalization vs. Deprofessionalization: Building Standards for Legal Translators and Interpreters, Opatija 20 – 21 March 2015

  2. Overview • Tempus project “Foreign Languages in the Field of Law” • The Centre for Language and Law, Faculty of Law, Zagreb • Training of legal translation

  3. Tempus project Foreign Languages in the Field of Law” (2006-2009) Outcomes: 1) To develop and update foreign language curricula at Croatian law faculties, 2) To provide specialized foreign language teacher training for law, 3) To organize foreign language courses for lawyers within the framework of lifelong learning.

  4. “Foreign Languages in the Field of Law” (2006-2009) • Coordinator: Faculty of Law, University of Zagreb • Grantholder: University of Antwerp • Consortium: 13 partner institutions

  5. HR ConsortiumMembers • Faculty of Law, Rijeka • Faculty of Law, Split • Faculty of Law, Osijek • Faculty of Humanities and Social Sciences, Zagreb • Ministry of Foreign Affairs and European Integration, Zagreb • Ministry of Justice, Judicial Academy, Zagreb

  6. EU Consortium Members • Faculty of Humanities II, University of Innsbruck • University of Mannheim • Université Panthéon-Assas Paris II • South Bank University, London • Forensic Linguistics Institute, Llanfair Caerinion, Wales, UK

  7. Teacher-TrainingWorkshops(June 2007-) 1. Introduction to relevant law disciplines 2. Languages for academic purposes in the field of law 3. Law-related linguistic and communicative areas

  8. Introduction to RelevantLawDisciplines Basicsof EU Law E. Lechner, A. Müller (UniversityofInnsbruck) Introduction to theAnalysisof EU Law T. Ćapeta, I. Goldner, T. Perišin (Universityof Zagreb) Introduction to EuropeanPrivateLaw M. Micha (UniversityofMannheim)

  9. Languages for Academic Purposes in the Field of Law Introduction to LSP (Law) M. Gačić (Universityof Zagreb) Legal TranslationandTerminology S. Šarčević, B. Pritchard (Universityof Rijeka) P. Sandrini (UniversityofInnsbruck) J. Novak, G. Cvijanović-Vuković (MinistryofForeignAffairsandEuropeanIntegration, Zagreb) AdvancedCommunicationSkills for Lawyers D. Phillips (UniversityofAntwerp)

  10. Law-RelatedLinguisticandCommunicativeAreas Introduction to ForensicLinguistics J. Olsson (ForensicLinguistics Institute, UK) InterculturalCommunication for Lawyers S. P. Verluyten (UniversityofAntwerp) Legal andLinguisticAspectsofMultilingualism J. Darquennes (UniversityofNamur) S. Ureland (UniversityofMannheim) O. Voronkova (UniversityofMannheim)

  11. Special workshops Language Policy of the EU: Sources of information (A. Čar, Faculty of Law, Zagreb) EU Law on the Internet (A. Čar, Faculty of Law, Zagreb)

  12. Follow-upworkshops • Juliette Scott, MA, ACIL, University of Portsmouth, • Collecting your own legal terminology resources, 22 April 2013

  13. Whichforeignlanguage do youneed most inyourprofession?1 English – 2 German – 3 French – 4 Italian – 5 Russian – 6 Other

  14. Language courses for lawyersZagreb, Osijek 2007/8 , Rijeka, Split: 2008/9 1. English for Lawyers: 1.1. English for EU law 1.2. International Legal English 1.3. Professional English: Law 1.4. Lawyer’s English 2. German for Lawyers 3. French for Lawyers 4. Italian for Lawyers • Worskhops: EU law on the Internet

  15. Follow-up activities • New language courses for lawyers: • Communication Skills for Lawyers • Legal Correspondence • Legal English: Law of Contract I – II • Legal English: Company law • English Legal Translation • German Legal Translation • Italian Legal Translation • French Legal Translation

  16. Foreignlanguagecurriculumdevelopmentforlawstudents • – Updatingtheexistingcurricula • – Introducingnewteachingmethodsandmaterials • (interactiveworkshops, student mentors) • – Introducingnewcourses (e.g. Comparative Legal Linguistics, 2011-) • – Introducinglawcoursesinforeignlanguages • (international program)

  17. Conference “Curriculum, Language and the Law” (Dubrovnik, 18-21 September 2008) • Language education for law professionals • Legal terminology and lexicography • Legal translation and court interpreting • Legal drafting and transparency • Language in litigation and arbitration • Forensic linguistics • Analysis of legal discourse • Legal and linguistic aspects of multilingualism

  18. Publishing activities • Sočanac, L., Goddard, C., Kremer, L. (eds.) Curriculum, Multilingualism and the Law/ Zagreb: Nakladni zavod Globus, 2009 • Šarčević,S. (ed.)Legal Language in Action: Translation, Terminology, Drafting and Procedural Issues. Zagreb: Nakladni zavod Globus, 2009.

  19. Publishing activities • D. Bukovčan, Odteorije do prakse u jezikustruke(Languages for Specific Purposes: From Theory to Practice) .- Zagreb : Školskaknjiga, 2009; • M. Gačić, Riječ do riječi: lingvističkaistraživanjaodnosaengleskogihrvatskogjezikanapodručjupravaisrodnihdisciplina(Studies of relations between English and Croatian in the field of law and related disciplines).- Zagreb : Profil, 2009; • M. Javornik-Čubrić, English for Tax Law, Zagreb: Sveučilište u Zagrebu, 2009; • Olsson, J., Uvod u forenzičkulingvistiku (Introduction to Forensic Linguistics) (transl. M. Javornik-Čubrić, L.i T. Sočanac).- Zagreb: NakladnizavodGlobus, 2010,

  20. Publishing activities • L. Sočanac, Studije o višejezičnosti (Studies on Multilingualism).- Zagreb: Nakladni zavod Globus, 2010, • T. Perišin, Free Movement of Goods and Limits of Regulatory Autonomy in the EU and WTO .- The Hague: TMC Acer Press, 2009; • M. Gačić, Englesko-Hrvatski rječnik prava, i međunarodnih i poslovnih odnosa = English Croatian Dictionary of Law and International and Business Relations .- Zagreb: Školska knjiga, 2009, • M. Gačić, Gramatika engleskog jezika u funkciji struke (English LSP Grammar), Zagreb: Učiteljski fakultet; Školska knjiga, 2009.

  21. Mobility • HR lecturers > University of Antwerp, Mannheim, Paris, Forensic Linguistics Institute, Wales, London South Bank University (25 lecturers) • Croatian students > study visit to London. • Consortium meetings: Zagreb, Split, Antwerp, Paris Innsbruck. • Lecturers from Antwerp, Mannheim, Innsbruck, London South Bank University and Forensic Linguistics Institute, Wales > Croatia.

  22. Centre for LanguageandLawFacultyofLaw, Zagreb Activities: – language courses for law students and lawyers – curriculum development – teacher training – research in law-related linguistic fields – conferences – publishing activities - internatinal cooperation

  23. Research projectsandnetworks Research projects: “Legal and linguistic aspects of multilingualism” Research networks: Eurolinguistic Network South-East (ENSE)

  24. Training programme for lawyer-linguists (2010-) • Developed in cooperation with lawyer-linguists from the Council of the EU and the European Central Bank • Aimed at Croatian lawyers planning to apply for the position of a lawyer-linguist at the EU institutions, and lawyers who need translation skills for their work in Croatia.

  25. Publiclectures • Colin Robertson, Council of the EU, • The role of lawyer-linguists in the EU (13 May 2010)

  26. Publiclectures M-L Lombardi, Director-General for Translation, A Strimaityte,Johan Bodenkamp, Administrators: Job opportunities for Croatian-language lawyers at the Translation Service of the Court of Justice of the EU:Presentation of the service, the work of lawyer linguists and the upcoming EPSO competition (22 May 2012)

  27. Curriculum • Legal translation, terminology and drafting (20 hrs) • English/German/French/Italian/Spanish legal translation courses (30hrs each) • Croatian for lawyers (30 hrs) • Introduction to EU Law and institutions (20 hrs) • Legal database research, use of translation tools (10 hrs) • Workshop „Working with EU Legislative Texts“ (6 hrs)

  28. Croatian languageandlaw(Sept. 2011) • One-week intensive training programme for lawyer-linguists from the ECJ • The Croatian language • Legal translation from Croatian into English and French, • Croatian legal system (general introduction), Croatian criminal procedural law, Civil law, Commercial law, Intellectual property, European law

  29. Teaching legal translation

  30. Considerationsincoursedesign • CONTENT (What kind of texts?) • METHOD • Special consideration: • Participants are lawyers, not linguists! • What can I teach them in 15 sessions?

  31. Considerationsincoursedesign ASSUMPTIONS: • Theywillhaveinsufficientlinguisticknowledge • Theywillneedhelpusing resources • They will expect ready answers! • They will be prone to literal translation!

  32. Considerationsincoursedesign • CONTENT • texts pertaining to English law (advice from lawyer linguists from the Council of the EU and the ECB) • EU texts • COURSE DURATION • Teach them: • skills rather than terms • responsibility and ethics

  33. Considerationsincoursedesign • METHOD • One which will teach them to: • accept the fact that there is no perfect translation • have a critical approach to resources • consider linguistic and extralinguistic factors in a translation task • find pros and cons of solutions, not judge them • that you never stop learning to translate

  34. Selectionoftexts Englishlaw • constitutionallaw • alternative disputeresolution • criminal procedure • familylaw • payment of damages for wrongful acts • public finances (European Fiscal Compact) • community trade marks (ECJ judgment) • competition law (Commission Directive) • environmental law (Commission Decision) • application of EU law in national courts EU law

  35. Process • HOME ASSIGNMENT • One-page text to translate (EN-HR) • CLASS WORK • Comparison and discussion of their solutions • HOME ASSIGNMENT • Produce a final version of the translation • E-mail it to the teacher for final evaluation

  36. Functionalist approach (skopos theory - Vermeer/Reiss/Nord) • Textfunctions • Informative or operative? • Translation: actionwith a specificpurpose • Requirementsoftheaddressees • Expectationsofthecommissioner • Function of the translation • Source-cultureoriented (DOCUMENTARY) • Target-cultureoriented (INSTRUMENTAL)

  37. Surveyresultsandconclusions

  38. Respondents

  39. Status at the time ofthecourse

  40. Motivation for thecourse

  41. Expectationsfromthecourse

  42. Expectationsfromthecourse COMMENTS • 'considering that I’d had previous experience in legal translation, I can say with certainty that the translation course expanded my way of thinking, increased my competence and helped me feel better about making decisions in translation‘

  43. Thoughts on thefunctionalistapproach

  44. Thoughts on thefunctionalistapproach POSITIVE COMMENTS • 'a very motivating method; it helped me to test my abilities and explore ways of thinking I had not considered before; defining the purpose of translation seemed very useful for practice and communication with clients‘ • 'very useful, considering that the context of translation will point to the correct terms to be used in a particular translation task; insisting on the possibility of multiple possible solutions is crucial for the development of legal translation skills; in law, what seems the same is not always the same, and this is important for legal translation as well.‘ • 'learning and understanding that there is no single correct solution was very important, as well as the fact that the context must be considered‘ • 'it helped me deal with the fear of translating‘ • 'I would consider it pretentious if we had finished every translation thinking we had found theperfect solutions. I thought the point of the course was for us to understand the complexity of legal translation and how carefully we must approach the translation of similar (not identical!) legal institutes, and to be cautious about literal translation. I didn't expect the course to expand my vocabulary, but to teach me about various methods and approaches to translation.'

  45. Thoughts on thefunctionalistapproach NEGATIVE COMMENTS • 'with complicated texts too many issues were raised owing to this approach and it often felt like we were stuck and not going anywhere‘ • 'it is hard to be consistent when multiple solutions are suggested‘ • 'the method was problematic because each of us came from a different background and had a different approach to the text. In a real situation, when the commissioner and purpose of the text are known there are no doubts.‘ • 'I thought this approach was important for the theory of legal translation, but in practice, the accuracy of translation should come first.‘

  46. Conclusions • Thefunctionalistapproachprovedlargelyuseful • POSITIVE COMMENTS related to building self-confidence, raising the awareness of the complexity of language and translation (THE PROCESS) • NEGATIVE COMMENTS related to problems in agreeing on the final solutions, providing too many options, which is not helpful in practice (THE OUTCOME)

  47. Thankyou for yourattention! miljen.matijasevic@gmail.com lelijasocanac@yahoo.com

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