A tentative analysis of legal terminology diachronic changes and the problem of communication effectiveness in legal settings

Authors:

• Aleksandra Ewelina Matulewska,
• Paula Weronika Trzaskawka

Abstract

The aim of the paper is to present the diachronic changes taking place inlegal languages and discuss whether the translators, who for some reason use asan equivalent an obsolete term, may produce a target text which is communica-tively ineffective. The research methods applied encompass: the parametricapproach to the interlingual comparison of legal terminology for translationpurposes, the analysis of pertinent literature on translation and translation errors,the analysis of comparable texts for the purpose of observing diachronic changesin terminology. The diachronic change in terminology most frequently is the resultof the amendments of legislation or repealing one act and replacing it with a newone. The terminological changes are especially frequent when the change in thepolitical system occurs and the need appears to adjust the legal system to the newpolitical ideology and principles. For that reason, the authors have analysed indetail three Polish acts on copyright enacted under three different political regimesthat is to say (i) after the First World War when Poland regained independence after123 years of occupation (Act of 29 March 1926 on Copyrights [Ustawa z dnia 29marca 1926 r. o prawie autorskiem]), (ii) under the communist rule in Poland thatlasted from 1945 until 1989 (Act of 10 July 1952 on Copyrights [Ustawa z dnia 10 lipca1952 r. o prawie autorskim]), andfinally (iii) after the collapse of communism inPoland and the period of transition into the democratic and free market society (Acton Copyrights and Related Rights of 4 February 1994 [Ustawa o prawie autorskim iprawach pokrewnych z dnia 4 lutego 1994 roku]). Apart from the main Polish corpusof above-mentioned acts, the authors have also provided examples from someother languages to confirm that the diachronic changes take place everywhere andmiscommunication problems resulting from using an obsolete term in translationmay occur in any pair of languages.