International Journal of Language & Law (JLL)
JLL is a platinum open access e-journal which offers a scholarly forum for research on the interdependence of language and law, from theoretical approaches to practical problems. Submissions are double-blindly peer-reviewed, and published free of charge to authors and readers.
International Language and Law Association (ILLA)
JLL adheres to a strict platinum Open Access policy. Authors who publish with this journal agree to grant the journal a right of first publication and to simultaneously license their work under a Creative Commons Attribution License (CC BY) that allows others to share the work, acknowledging the work's authorship and initial publication in this journal. Authors retain copyright and a right to non-exclusively distribute the journal's published version of the work (e.g., by posting it to institutional repositories), in compliance with CC BY.
Correcting Legal Language: Tutor-led Interaction and the Reproduction of Linguistic Norms in Law School
Mastery of legal language is essential for aspiring legal professionals, and this process of linguistic socialization begins in law school. While much research has focused on lectures and doctrinal content, less attention has been paid to how law students acquire legal language norms through interactive settings. This study examines how academic tutors at a Dutch law school contribute to students’ language socialization during small-group tutorial sessions. Drawing on participant observations and semi-structured interviews, the analysis reveals how tutors correct or reinforce students’ language use, and how these correction practices reflect differing language ideologies—ranging from the valorization of traditional legal terminology to the acceptance of more accessible alternatives. These practices shape not only students' understanding of legal concepts but also their acquisition of linguistic capital and sense of professional identity. The study highlights how language norms are reproduced or challenged in early legal education and considers the implications of this for inclusion and access within the legal profession. The study contributes to broader discussions about legal language ideology, including the accessibility concerns raised by the plain language movement. Cite as: Bešić, JLL 14 (2025), 290–312, DOI: 10.14762/jll.2025.290
Copyright (c) 2025 Alma Besic https://creativecommons.org/licenses/by/4.0
Translation in the European Union: Navigating Technical and Legal Issues in the Light of Artificial Intelligence — Conclusions
The article explains the choice of this special issue, dealing with the challenges of legal translation in the European Union in the light of artificial intelligence. It summarises the contributions and shares some reflections that can be inferred from them. This topic, through an inter- disciplinary approach which is based on the integration between European Law studies, Juri- linguistics and Translation Studies, shows that AI – at the intersection of these three disciplines – is profoundly challenging each of them. Firstly, it claims that while AI enhances productivity and supports translation tasks, it often falls short in ensuring contextual accuracy, terminological consistency, and legal nuance – necessitating continued human oversight. Secondly, this article restates the importance of comparative law, embedded in legal culture, in legal translation. It shows that AI is presented either as a source of fears and constraints, or as a source of hope and potential solutions as regards the protection of legal cultures. The contribution therefore argues that legal expertise is indispensable in the post-editing phase per- formed by humans. Lastly, this study presents potential pathways for the future development of AI in the field of legal translation within the EU, such as establishing a taxonomy of documents to be translated in order to determine the different levels of AI intervention. More broadly, the future lies in teaching and research design. Neural translation systems integration has determined a new paradigm shift which has been recently defined as Posthumanism, in opposition to the anthropocentrism of humanism. Cite as: Clément-Wilz et al., JLL 14 (2025),240–255, DOI: 10.14762/jll.2025.240
Copyright (c) 2025 Laure Clément-Wilz, Agata de Laforcade, Ilaria Cennamo https://creativecommons.org/licenses/by/4.0
Framing the Cybercrime Law of 2023 in Jordanian News Articles and the Ideologies Behind the Frames
The Cybercrime Law of 2023 has sparked significant controversy and criticism on Jordanian social media and among the populace. Jordanian online newspapers have shown a range of responses, from support to outright opposition. This study examines the framing of the law and the underlying ideologies in Jordanian online news articles. Using Entman's (1993) framing theory and Fairclough's (1989, 2013) critical discourse analysis, we analyze framing devices, tones, and ideologies in news texts from government-owned and privately owned newspapers from July 2023 to May 2024. An inductive approach to frame analysis was used to identify frames as they appear in the texts. Significant differences were found between ownership and frames choices, as well as between ownership and frames tone. However, no significant differences were found between ownership and framing devices or in their distribution across different tones. This disparity is linked to the differing ideological positions of the sources. Government-owned texts emphasized national security and promoted compliance with state decisions, reflecting an ideology prioritizing regulation, stability, and authority. In contrast, privately owned texts presented a more balanced view, offering equal representation of opposing and supportive viewpoints, indicating a pragmatic ideology. The findings suggest that the interaction between ownership and ideology significantly influences public issue presentation in Jordan, providing insights into the power structure within society and how power dynamics are shaped by overarching ideologies. Cite as: Naimat & Zibin, JLL 14 (2025), 313–341 DOI: 10.14762/jll.2025.313
Copyright (c) 2025 Aseel Zibin, Na'elah Hasan Naimat https://creativecommons.org/licenses/by/4.0
Review: Nadja Capus, Cornelia Griebel & Ivana Havelka (2024). Multilingual Communications Surveillance in Criminal Law. The Role of Intercept Interpreter-translators. Edward Elgar Publishing. 212 pp.
Copyright (c) 2025 Heidi Salaets https://creativecommons.org/licenses/by/4.0
Artificial Intelligence in Legal Translation at the Court of Justice of the European Union
In the unique institutional context of the Court of Justice of the European Union, what could and should be the place of artificial intelligence (AI) in legal translation? To answer that question, it is necessary to understand the parameters within which the Court’s legal translation service operates, and the choices that have been made in respect of multilingualism in the face of a growing workload, budgetary restrictions, and the Court’s obligation to maintain the functioning of EU justice. It is equally important to understand the Court’s institutional position on AI, how AI is currently used within the legal translation service, and the challenges AI currently poses. The future of AI in legal translation at the Court will depend not only on technological progress and the specificities of the EU’s multilingual framework, but also on a careful assessment in relation to the desired translation output, the methods used in its production, and the impact of AI’s growing role on human resources. In spite of its current limitations and unpredictable future, AI has the potential to enhance rapid multilingual access to EU justice and case-law and contribute to a ‘beneficial’ future. This is a matter of importance for all those subject to EU law, given the extent to which AI can be abused and the climate of rising nationalism within and beyond the EU. Cite as: Wright, JLL 14 (2025), 120–142, DOI: 10.14762/jll.2025.120
Copyright (c) 2025 Susan Wright https://creativecommons.org/licenses/by/4.0
Is Artificial Intelligence Capable of Validating Language Policy Choices in the Translation of EU Legislation?
It is now commonplace that one of the professions seriously threatened to be taken over by the AI is that of the translators. Increasingly professionalised AI-based translation tools have, if not yet displaced translation, already transformed it. Translators are now more involved in post-editing work, i.e. checking the adequacy of the text translated by the AI for content and terminological consistency. This is no different in today's biggest translation hub, the European Union. But using AI-based translation tools also means that the primary linguistic decisions, including the choice of terms, would be made by the tool and not by the translator. However, this feature can pose significant challenges for EU law. On the one hand, because of the autonomy of EU law, new terms are still emerging and need to be properly reflected in the official languages, and on the other hand, in fast-developing fields, legislation is often adopted at EU level before it is drafted at national level, and the terms used in the European acts are therefore first settled there. Given that the language versions of EU law are official and authentic, the wording and terminology of the EU instruments automatically become part of that national language, so language choices of this kind are also language policy and language development choices taken at EU level but with serious national implications. The question is to what extent AI can help in making these choices. Cite as: Somssich, JLL 14 (2025), 99–119, DOI: 10.14762/jll.2025.099
Copyright (c) 2025 Réka Somssich https://creativecommons.org/licenses/by/4.0
EU law is equally authentic in 24 languages. This is a unique achievement of the European Union (EU), which also greatly enhances the legal certainty within its legal order by enabling individuals to ascertain their rights and obligations under EU law in their own language. Moreover, it is settled case law of the European Court of Justice (ECJ) that EU regulations are not enforceable against individuals in an EU Member State if the regulation has not been officially published in the language of that Member State. At the same time, however, reliance on one's own language version is only relative. Indeed, it is settled case law that individuals cannot rely solely on a particular language version of EU law read in isolation. The true meaning of EU law must be determined by a purposive interpretation in the light of all language versions. One or more language versions may therefore prove to be inaccurate. This paper examines this paradox. It argues that individuals should not have to bear the burden of linguistic inconsistencies Cite as: Van der Jeught, JLL 14 (2025), 81–98, DOI: 10.14762/jll.2025.081
Copyright (c) 2025 Stefaan van der Jeught https://creativecommons.org/licenses/by/4.0
Les Enjeux de l’Intelligence Artificielle pour la Traduction Juridique au Sein de l’Union Européenne
L’intelligence artificielle (IA) occupe une place grandissante dans les services de traduction des institutions européennes, ce qui conduit tout naturellement à en faire une thématique de plus en plus fréquente dans les colloques sur la traduction, en général, et sur la traduction juridique, en particulier. Cette question interdisciplinaire quant aux enjeux posés par l’IA en ce premier quart du vingt-et-unième siècle réunit à la fois des linguistes, des juristes, des traductologues, qu’ils soient théoriciens ou praticiens. Les questions que soulève l’IA en matière de traduction juridique réalisée au sein des institutions européennes révèlent deux enjeux principaux autour desquels s’articulera le propos de l’auteure propos. La place grandissante occupée par l’IA et le recours croissant à la traduction automatique neuronale (TAN) au sein des services de traduction de l’UE sert à relever le défi de la quantité exponentielle de traductions. Le second enjeu qui en découle porte sur la qualité du transfert de sens opéré à l’issu du processus de traduction et le risque que l’IA est susceptible de faire courir à la sécurité juridique. Artificial intelligence (AI) is playing an increasingly important role in the translation services of the European institutions, which has naturally led to it becoming a more frequent theme in conferences on translation in general, and legal translation in particular. This interdisciplinary issue of the challenges posed by AI in the first quarter of the twenty-first century brings together linguists, lawyers and translators, both theoreticians and practitioners. The issues raised by AI in legal translation within European institutions reveal two main challenges around which I will focus. The growing role of AI and the increasing use of neural machine translation (NMT) in EU translation services are challenging the correct transfer of meaning and the quality of translation. The second related issue concerns the legal effects of translation and the risk that AI may pose to legal certainty. Cite as: Monjean-Decaudin, JLL 14 (2025), 194–203, DOI: 10.14762/jll.2025.194
Copyright (c) 2025 Sylvie Monjean-Decaudin https://creativecommons.org/licenses/by/4.0
Le «Paradigme de la Traduction» et l’Apprentissage Profond
In two books published in 2009, the jurist and philosopher François Ost develops the notion of a “translation paradigm”, of which law could be a privileged field of application and the construction of European law the most convincing example (Ost, 2009a; Ost, 2009b). Through this analysis, Ost positions himself within a specific tradition of translation studies and establishes a dichotomy between the “translation paradigm” and the “communication paradigm”, an opposition that underpins his critique of a machine translation model (Ost, 2009b). This paper suggests that revisiting Ost’s two works today can provide valuable retrospective insights into the issues raised by the development of machine translation systems based on deep learning, with respect to a “translation paradigm” that, according to the author, could account for both the work of the translator and some of the everyday operations of jurists (Ost, 2009a). Deux ouvrages du juriste et philosophe François Ost, parus en 2009, développent l’idée d’un « paradigme de la traduction » dont le droit constituerait « un champ d’application privilégié » et « la construction du droit européen » l’exemple plus convaincant (Ost 2009a : 8-9 et Ost 2009b : 415). Ce faisant, l’auteur s’inscrit dans une certaine tradition de réflexion traductologique et établit une opposition entre le « paradigme de la traduction » et le « paradigme de la communication » (Ost 2009b : 18) qui le conduit à une critique d’un modèle de traduction automatique. Nous formons l’hypothèse que relire aujourd’hui ces deux ouvrages de François Ost peut aider à discerner rétrospectivement quelques-uns des enjeux liés au développement des systèmes de traduction automatique, fondés sur l’apprentissage profond, pour un « paradigme de la traduction » susceptible de rendre compte, selon l’auteur, du travail du traducteur comme de « certaines des opérations les plus quotidiennes des juristes » (Ost 2009a : 8). Cite as: Talbot, JLL 14 (2025),174–193, DOI: 10.14762/jll.2025.174
Copyright (c) 2025 Aurélien Talbot https://creativecommons.org/licenses/by/4.0
Towards Clear, Simple, and Inclusive Legal Language
This study explores the potential for GAI language models and Natural Language Processing (NLP) tools to be used as writing aids in the transformation of expert content into clear, simple and inclusive language. In particular, we focus on the feasibility of fully automating the reformulation of legal texts, and the challenges of setting standards for automatically generating content in multilingual settings. While automatic assistants can already produce effective summaries and simplified versions of complex legal texts, we suggest that they lack the functional awareness and metalinguistic reflexivity that are particular to human review and revision. We illustrate this by examining a series of authentic examples. First, we look at tools like ChatGPT which can be configured to summarise complex legal documents and generate texts aligned using the guidelines for Plain Language (PL) and Easy-to-Read (E2R). We give examples of linguistic features, outputs from NLP models, and GAI-generated content evaluation. Our initial observations suggest that while automatic assistants can produce greatly simplified texts, they are unable to take into account legal implications and contextual reasoning. Then we look at the issue of prescriptive guidelines in the light of the new paradigm of content management. Comparing examples of official discourse and their equivalents ‘translated’ into E2R, we find that the reformulations involved reflect the very different functional requirements of such radically simplified texts. This observation leads us to stress the importance of human oversight in auto-generated content, as well as the need for guidelines, integrated revision tools, transparency, user training, and continuous monitoring. Cite as: Zimina-Poirot et al., JLL 14 (2025), 143–173, DOI: 10.14762/jll.2025.143
generative artificial intelligence (GAI)
Copyright (c) 2025 Maria Zimina-Poirot, Christopher Gledhill, Manon Bouyé https://creativecommons.org/licenses/by/4.0
A Comparative Study of Accuracy in Human vs. AI Translation of Legal Documents into Arabic
This study investigates the comparative accuracy of human and AI-generated translations of legal documents into Arabic, focusing specifically on the performance of ChatGPT against human translations. This study employs a comparative research design, where a corpus of words 20,000 words from legal texts, including contracts and agreements, translated by both AI and professional human translators. The research aimed to assess three primary dimensions: correct legal terminology usage, clarity of expression, and adherence to the Arabic legal framework. Through a structured evaluation process, key findings revealed that human translations significantly outperformed AI-generated versions in all assessed criteria. Human translators demonstrated superior mastery of legal terminology and clarity in complex legal constructs, as well as adherence to formal legal standards and cultural differences inherent in Arabic legal contexts. While AI tools like ChatGPT show promise in producing contextually relevant translations for simpler texts, they often fall short in capturing the precise legal terminology and complex constructs required for effective legal communication. This research highlights the continued necessity of skilled human translators in the legal field and suggests a hybrid approach that leverages AI tools to augment human expertise in translation processes. Cite as: Altakhaineh et al., JLL 14 (2025), 63-80, DOI: 10.14762/jll.2025.063
Copyright (c) 2025 Abdel Rahman Mitib Altakhaineh, Ghazi Ayed Alghathian , Mashal Mufleh Jarrah https://creativecommons.org/licenses/by/4.0
Jurors' comprehension of jury instructions (JIs) is pivotal for ensuring fair legal proceedings (Charrow & Charrow, 1979). This study investigates the impact of different presentation modes on JI comprehensibility, utilizing a novel comprehension assessment method. Contrary to the misconception that listening is passive, prolonged active listening, such as during JIs, may accelerate cognitive fatigue (Schneider et al., 2019). To address this issue, this study tests the effect of different modes of presentation: listening-only, reading while listening (synchronous), and first reading-only then listening (asynchronous), building upon earlier findings (Randall, 2013, 2015). Sixty participants from undergraduate courses were randomly assigned to five groups based on the mode of JI presentation and access to written instructions during deliberation. A mixed-methods approach was employed, involving comprehension assessments, perception surveys and qualitative analysis. Quantitative analyses revealed that while the hypotheses regarding presentation mode and access to written instructions were not fully supported, asynchronous exposure to both spoken and written instructions demonstrated slightly superior performance compared to synchronous exposure. Access to written instructions during scenario-based tasks showed slightly better performance and more positive emotions, suggesting its potential effectiveness in aiding jurors' comprehension and confidence. Moreover, qualitative analysis shed light on nuanced reasoning behind participants’ choices. The findings indicated that correct answers did not always align with correct interpretations, and participants struggled to synthesize and apply JIs when scenarios were less straightforward. Overall, this study highlights the importance of considering presentation modes and written access in enhancing juror comprehension. The positive impact of varied modalities underscores the need for ongoing evaluation and refinement of JI practices. By adopting a multifaceted approach that integrates quantitative assessments, perception surveys and qualitative analysis, this study provides a comprehensive understanding of the factors influencing juror comprehension and contributes to the ongoing discourse on improving JI practices within the legal system. Cite as: Grixoni et al., JLL 14 (2025), 204–239, DOI: 10.14762/jll.2025.204
Copyright (c) 2025 Francesca Grixoni, Nur Yağmur Demir https://creativecommons.org/licenses/by/4.0
Linguistic Analysis of the Law of Georgia on Foreign Influence Transparency
This study presents a linguistic analysis of Georgia's Law on Transparency of Foreign Influence utilizing three primary analytical approaches. First, a lexical-semantic analysis of terms assesses the specificity and precision of the terms within the law. Second, corpus-linguistic analysis employs text corpora—extensive electronic text collections—to examine word combinations (collocations) and their connotations. Finally, the discursive analysis explores the law’s argumentative structure and the legislative discourse, considering contemporary and historical contexts. The findings across these analyses reveal the following patterns. The law’s title and text embedded with these terms seem to overlook the nuanced socio-cultural and historical contexts, particularly the legacies of imperial oppression. The research underscores that the law's conceptual and terminological framework is inherently hostile. The key terms and their modifiers carry negative semantic weight, contributing to a legal language that alienates citizens, stigmatizes foreign-funded civil society and media organizations, and facilitates their marginalization. The key terms in the law have historically and currently negative connotations. These terms evoke associations linked to Georgia's past experiences of repression and discrimination, resonating with aggressive and humiliating undertones. The analysis highlights the need for a more balanced and contextually sensitive legal language to avoid perpetuating historical prejudices and to support democratic and civil progress. Cite as: Tabatadze et al., JLL 14 (2025), 256–289, DOI: 10.14762/jll.2025.256
law of Georgia on transparency of foreign influence
Copyright (c) 2025 Shalva Tabatadze, Kakha Gabunia, Marina Beridze, Zakharia Pourtskhvanidze https://creativecommons.org/licenses/by/4.0
A Pragma-Linguistic Interpretation of Legal Communication
Legal communication, particularly in constitutional texts, is said to be characterized by its precision, formality, and strategic use of language. However, this precision often coexists with ambiguities that invite diverse interpretations, particularly in highly charged political contexts. This study examines the pragma-linguistic features of Sections 133 and 134 of the 1999 Constitution of the Federal Republic of Nigeria, focusing on the presuppositions and implicatures embedded within these provisions. Using an utterance-by-utterance analytical approach, the study investigates how the linguistic nuances of these sections formed the basis for legal arguments/turssles and political narratives across the nation during the 2023 Nigerian presidential election involving Tinubu and Obi. Drawing on theories of presupposition and implicature, the analysis uncovers the implicit assumptions and inferred meanings encoded in the constitutional language. The findings reveal how the stylo-linguistic choices in legal drafting, such as presuppositions, can form the interpretive basis in legal disputations. It also reveals how implicatures arising from legal texts can create rooms for legal contestation and generate political discourse in a nation. In general, the study further shows how the pragmatic elements of legal language may influence judicial interpretations, public discourse as well as the acceptability or rejection of an electoral outcome. This research underscores the interpretive inevitability of pragma-linguistic instrumentality to the analysis and interpretation of legal texts particularly in contexts where constitutional provisions intersect with political controversies. By illuminating the implicit dimensions of legal communication, the study contributes to a deeper understanding of how language mediates legal reasoning and democratic governance, offering insights for both linguistic scholarship and legal/constitutional endeavors. Cite as: Ajenifari et al., JLL 14 (2025), F7–F23, DOI: 10.14762/jll.2025.F7
Copyright (c) 2025 AJENIFARI J.T., Dr. OMOTUNDE Samuel Adabayo , Dr. OBOKO U . https://creativecommons.org/licenses/by/4.0
Embracing New Translation Technologies at International Organizations
This study presents the results of a large-scale survey of institutional translation professionals on the distinctive features of post-editing (as compared to revision in particular), the main issues found in neural machine translation (NMT) and the impact of its use on translation processes, products and competences. The quantitative and qualitative findings illustrate the diversification of tools and inputs in current translation workflows, the risks and efforts associated with NMT, and the reinforced need for solid translation competence and subject matter knowledge to ensure translation quality. The (mostly limited) variations found between institutions and translators’ experience levels are also discussed. The evidence gathered supports a revised concept of translation that considers an increasingly hybrid and dynamic mix of translational actions in augmented translation environments. In turn, these results highlight the persistent relevance of translation expertise and specialized translator training, and contribute to nuancing our understanding of the implications of NMT for professional translation, beyond institutional settings. Cite as: Prieto Ramos, JLL 14 (2025), 1–29, DOI: 10.14762/jll.2025.001
Copyright (c) 2025 Fernando Prieto Ramos https://creativecommons.org/licenses/by/4.0
Applying Large Language Models in Legal Translation
While there is no denying that new AI technologies and tools are making a significant impact on translation, specialized translation remains problematic for automation especially in regard to terminology. Precise and consistent terminology use requires particular attention in the field of legal translation as a sensitive area affecting the whole of the society. Most recently, tools based on large language models have been gaining attention as potential game changers in the area of legal translation. How do such tools cope with the complexity of legal terminology and legal texts? Can they be trusted to perform the task of legal translation? To investigate this, a two-stage research methodology is applied: first, an analysis of papers published on the topic of large language models and legal translation by relying on quantitative bibliographic and bibliometric indicators, and second, a qualitative content analysis of the retrieved papers. The results show that despite the unparalleled interest into the application of generative AI in all spheres of life, to date there has been scarce research on its application in the field of legal translation. The results of this study therefore provide detailed insight into the state-of-the-art research on this novel topic, tracing the current and proposing future research trajectories. With a view of examining the potential and liabilities of using LLMs in legal translation, it is instrumental to conduct further empirical studies from interdisciplinary perspectives including diverse legal texts and both low and high-resourced languages. Cite as: Bajcic & Golenko, JLL 13, 171–196 , DOI: 10.14762/jll.2024.171
Copyright (c) 2024 Martina Bajcic, Deajana Golenko https://creativecommons.org/licenses/by/4.0
Building the Australian Legislative Corpus 2023
This article introduces and details the construction of the Australian Legislative Corpus 2023 (‘ALC23’). The ALC23 includes relevant legislation from each Australian jurisdiction that was in force as at 30 June 2023, and is intended to act as a general corpus of a specialised nature. The article begins by providing a brief overview of corpus linguistic applications in the legal sphere, before summarising current legal corpora. Following this, the article details the composition of the ALC23, before moving to discuss how issues in construction were overcome. The article also notes potential applications of the ALC23, including a case study of how the word “gender” is used in the ALC23. The article concludes with some potential limitations that may be of note to both corpus linguists and legal scholars. Crucially, this article is written from the perspective of a legal scholar, which means that the creation, and use, of the ALC23 is intended to be made accessible to scholars who have a limited background in linguistic theory, method, and programming. Cite as: Genovese, JLL 14 (2025), 30–62, DOI: 10.14762/jll.2025.030
Copyright (c) 2025 Emma Genovese https://creativecommons.org/licenses/by/4.0
Previous studies have examined the nexus between language and law in order to address various issues unique to the Nigerian legal systems. However, little attention has been accorded to how this relationship within the legal system reflects linguistic dominance, lack of language access, power imbalances, and inequality, all of which have an impact on the pursuit of justice by marginalised groups in a multilingual and multiethnic society like Nigeria. Consequently, this article investigates the nexus between language and law as well as the power dynamics present in the Nigerian legal system. The study attempts to elucidate the discursive tactics and underlying power dynamics in Nigeria’s legal system that affect legal representation, court proceedings, and access to justice. The discussion points to solutions for resolving the problems of linguistic supremacy, limited language access, power disparities, and inequality. The article makes several recommendations, including offering language access services and interpretation to improve comprehension of documents and court proceedings; providing culturally aware legal education and training to practitioners; encouraging the use of plain language in court documents and proceedings; guaranteeing reasonably priced legal services; and addressing systemic biases and barriers by encouraging diversity and representation among legal professionals. The study is exigent because it provides facts that could lead to policy changes that would balance power disparities in the legal system, revitalise indigenous languages, and promote a more inclusive and equitable legal system in Nigeria. Cite as: Aluya et al., JLL 13 (2024), F24–F33, DOI: 10.14762/jll.2024.F24
Copyright (c) 2024 Dr., Mrs https://creativecommons.org/licenses/by/4.0
Linguistic Precedent as a Form of Linguistic Replication
This paper examines the interrelation of linguistic precedent and legal precedent, employing the lens of formulaic language as a bridge between these two domains. The first part of the paper is concerned with the argument that linguistic precedent is a form of linguistic replication. This argument is based on the premises that a) language repetition is a form of linguistic replication, b) that language use is a form of repetition and c) that linguistic precedent is a form of language use. The evidence for these premises is provided using insights and findings from Dawkins’ meme theory, linguistics, history of law and cognitive science. After that I explore the semantic aspects of linguistic precedent and I propose that linguistic precedent is a form of linguistic replication by means of which two or more situations are represented as being the same. After discussing the theoretical foundations of the notion of linguistic precedent I suggest that linguistic precedent indicates to the reader that there are some more general principles and rules that underlie legal reasoning. I further propose that it is on the basis of such generalized casuistic relations between linguistically chained cases or case-based reasoning, that legal precedent emerges. Cite as: Trklja, JLL 13 (2024), 97–117, DOI: 10.14762/jll.2024.097
Copyright (c) 2024 Aleksandar Trklja https://creativecommons.org/licenses/by/4.0
Path Dependency or Dynamic Consistency in EU Anti-Discrimination Law?
Has EU anti-discrimination law developed in a straight line through the case law of the Court of Justice of the European Union (CJEU)? According to studies relying on path dependency theories, the answer would be yes. Studies relying on path dependence build on the premise that jurisprudence continues in a line of reasoning from the earliest to the latest judgments, and in different areas of the law, as a result of a lock-in process of analogical reasoning. In this article we show why the theoretical framework of path dependency cannot account for court driven legal development, specifically in the area of EU anti-discrimination law, and how difficult it is to empirically substantiate the argument of path dependency. We conduct an empirical test of the path dependency theory in CJEU’s case law within the area of anti-discrimination law. In order to do so, we build a case law citation network from where we can detect precedents as the most cited paragraphs of the cases. We explore the ways in which these precedents travel through the entire jurisprudence in flows of information and on this basis test for path dependency as similarity between citing and cited paragraphs. We find no signs of path dependency. The objective of this paper is to supplement the scholarship on path dependency by pointing to its limitations and methodological constraints. On the basis of our study, we propose to adjust the theory of case law development away from that of path dependency and towards what we choose to call case law which is dynamically consistent. Cite as: Frese & Mones, JLL 13 (2024), 71–96, DOI: 10.14762/jll.2024.071
Copyright (c) 2024 Amalie Frese, Enys Mones https://creativecommons.org/licenses/by/4.0
CJEU Case Law as a Source of Law in National Courts
A number of theories have demonstrated how the distinction between legislation and adjudication is becoming blurred, with judgments no longer treated solely as matters for the parties to the case, but as sources of law in their own right. Case law is increasingly being produced and consumed in a manner akin to legislation. On the production side, it is clear that the Court of Justice of the European Union (CJEU), well-known for its formulas and tests, contributes to the use of case law as a source of law. This article develops the discussion in two ways. Firstly, it concentrates on the consumer perspective, by discussing the use of CJEU case law in national courts. Secondly, it advances the discussion from language in general, in the sense of drafting, to multilingualism ‒ the existence of not one but many official languages ‒ and the consequences for the use of CJEU case law as a source of law. This article demonstrates that national courts are prepared to engage with CJEU case law on a very detailed level, scrutinizing the wording and even comparing different language versions of the judgment to understand the correct way to apply the rule-like pronouncements of the CJEU. This scrutiny includes awareness of de jure and de facto originals of CJEU judgments, but goes still further through the use of the established approach for multilingual interpretation of EU legislation. It also highlights the use of standard phrases in CJEU case law and the consistency of translation. Cite as: Derlén, JLL 13 (2024), 50–70, DOI: 10.14762/jll.2024.050
Copyright (c) 2024 Mattias Derlén https://creativecommons.org/licenses/by/4.0
De Facto Precedent at the Court of Justice of the European Union
This paper seeks to demonstrate that although there is no official doctrine of precedent in judgments of the Court of Justice of the European Union (CJEU), the research affirms that there is a de facto system of precedent. This means that whilst, de jure, there is no official precedent status of the case law of the CJEU, the Court does give precedential value to its own case law through interpretive practices to ensure the uniform application of law and legal certainty throughout the Member States of the European Union (EU). When one looks at the elements of precedent it is apparent that this goes beyond its legal value (i.e. authority or bindingness) or conscious jurisprudential choice – language also plays a role. This article will examine discussions and models of precedent in common law and civil law legal systems in both theory and practice, before going on to examine the theories and practices of precedent at the CJEU. Cite as: Ng, JLL 13 (2024), 28–49, DOI: 10.14762/jll.2024.028
Copyright (c) 2024 Gar Yein Ng https://creativecommons.org/licenses/by/4.0
This paper sets out a practitioner’s view of both the nature of decisional practice, and precedents in the case law of the Court of Justice of the European Union (CJEU), based on some 40 years of experience of judicial disputes. I consider the specific case of CJEU precedents (including both the Court of Justice (ECJ) and the General Court (GC)), before moving on to comment on how EU precedents have been handled by the CJEU and, before Brexit, by English courts. From a practitioner’s perspective it is always necessary to take account of varying factors that may cause a court to decide one way rather than another. Accordingly, it is not sufficient to rely on an earlier decision as a precedent: the underlying justification for the precedent and its continuing relevance to the case in hand must always be borne in mind. Cite as: Lasok, JLL 13 (2024), 8–27, DOI: 10.14762/jll.2024.008
Copyright (c) 2024 Paul Lasok https://creativecommons.org/licenses/by/4.0
This paper introduces the special issue of JLL on Precedent in EU Law: The Linguistic Aspect. This introduction first sets out the context for the discussion of how language, multilingualism and translation may impact the development of a de facto precedent in the case law of the Court of Justice of the European Union (CJEU), and introduces the notion of linguistic precedent. Second, it provides an overview of the papers included in this special issue. This special issue is a follow-up on a number of workshops and discussions held in the context of the FP7-funded project Law and Language at the European Court of Justice between 2015‒2020. The contributions to the special issue, from scholars and practitioners, address various aspects of the linguistic element in the development of a de facto precedent in CJEU judgments. These reflections on linguistic precedent and how it relates to the formulation and application of ‘precedents’ in EU jurisprudence highlight an aspect of the interpretation and application of EU case law that has, to date, largely been ignored by scholars and practitioners. Drawing attention to this linguistic element in precedents and decisional practices allows for a more rounded understanding of how EU case law develops and functions. Cite as: McAuliffe & Trklja, JLL 13 (2024), 1–7, DOI: 10.14762/jll.2024.001
Copyright (c) 2024 Karen McAuliffe, Aleksandar Trklja https://creativecommons.org/licenses/by/4.0
Rapport-building is considered to be one of the keys to successful investigative interviewing. Given the importance of rapport-building techniques, this study focuses on how rapport is linguistically conveyed in interpreter-mediated police interviews with victims of crime, bearing in mind that rapport-building is linguistically and culturally sensitive, which means that it is important to prepare individuals (police forces, but also other parties involved, such as police interpreters or social workers) to bridge the gap between different languages and cultures in legal proceedings and other sensitive communicative contexts. Using a discourse-pragmatic approach, the study analyses trainee interpreters’ renditions of police rapport-building, focusing on the linguistic conveyance of rapport-building in training practice, in order to explore how these trainee interpreters deal with aspects of rapport-building in police interviews into English and into Spanish. The findings confirm that conveying rapport and rapport-relevant expressions is challenging, particularly in relation to pragmatic equivalence. These findings provide a better understanding of the factors that impact the outcome of the interpretation in the context of rapport-building conveyance, and have theoretical and practical implications for interpreting training.
Copyright (c) 2024 Maria Gomez-Bedoya https://creativecommons.org/licenses/by/4.0
Little experimental work of direct relevance to Language Analysis in the Asylum Procedure (LAAP) has yet been conducted; neither has theory-building attracted much serious attention. Here I attempt to construct a theory of native speaker competence in dialect perception founded on insights from sociocultural evolution, variationist sociolinguistics, social psychology and antireductionist philosophy. I also augment the limited stock of relevant empirical work with an experimental study involving Yorkshire English as the ‘target’ dialect and a range of listener groups, from Yorkshire and elsewhere, with and without an educational background in linguistics. Participants in the study (N = 197) were presented with 10, c. 10-second voice samples – four featuring Yorkshire speakers and six featuring non-Yorkshire speakers from the ‘linguistic north’ of England – and asked ‘Is this a Yorkshire accent?’. All participants were native speakers of English. Results of the study suggest that having been born and raised in Yorkshire is the most robust predictor of the ability to accurately perceive Yorkshire speakers. A statistically significant effect on accuracy found for linguistic education is likely attributable to imbalances in the listener sample. I interpret these findings as broadly consistent with the proposed theory of dialect perception, which emphasises bottom-up acuities conferred by the evolution of human sociality rather than – as previously proposed – the enlightening effect of linguistic education. I also discuss the possible consequences of these findings for current approaches to LAAP, considering especially the types of speaker-listeners best suited to perform the linguistic analyses required.
Language Analysis in the Asylum Procedure
Language Analysis for the Determination of Origin
Copyright (c) 2024 Jim Hoskin https://creativecommons.org/licenses/by/4.0
The English language of the law is marked by an absence. For centuries the words different cultures use for ‘law’ have had a dyadic nature, consisting of both Lex and Ius. Lex encompasses imposed law, and Ius cultural norms and principles of justice. English, however, separates the ideas of Lex and Ius into the words law and rights; leaving Ius absent from the single idea contained in the word law. In this paper, I explore the etymology of the words for law across historical languages and cultures, including Akkadian, Hebrew, Greek, Latin, French, and German. I then ask why English chose this etymological path compared to its linguistic contemporaries. From this inquiry, I argue that the organic interaction of Lex and Ius forms a culture’s macro understanding of ‘The Law’. I conclude by considering whether the absence of Ius in English leads to confusion, and ultimately a shallower conception of the law than is present in other Western legal languages. Cite as: Abiusi, JLL 13 (2024), F1–F23, DOI: 10.14762/jll.2024.F01
Copyright (c) 2024 Emilio Abiusi https://creativecommons.org/licenses/by/4.0
The Recommended National Standards for Working with Interpreters in Australian Courts and Tribunals
The second edition of the Recommended National Standards for Working with Interpreters in Australian Courts and Tribunals (Standards) was launched in April 2022, with the first edition published in late 2017. The Standards recognise the critical role that interpreters play in the administration of justice in courts and tribunals in Australia. This article reviews the development of the Standards, and gives an overview of the Standards and their importance in ensuring procedural fairness for those involved in the justice system with limited or no proficiency in English. The article also provides an overview of the implementation of the Standards by courts and tribunals in Australia.
Copyright (c) 2023 Rocco Loiacono https://creativecommons.org/licenses/by/4.0
On the Role of English in the post-Brexit European Union
This paper examines the role of English in the post-Brexit EU through three lenses. From a legal perspective, the role of English has not been changed by Brexit. English remains one of the 24 Treaty languages, official languages and working languages in the EU. The removal of English, which could only be decided unanimously by the Council of the EU, has never been seriously considered. From an empirical perspective, there is evidence that English is the dominant working language in the EU institutions. In this respect, there are no indications of any change after Brexit, even if some call for a reduction in its primacy. From a moral perspective, Brexit should strengthen the role of English at the levels of working languages and transnational communication for two reasons: first, because English is an almost neutral language after Brexit, which significantly reduces injustices associated with its use during the UK’s EU membership, and second, because it can be expected that “Euro-English” will become even more autonomous and can be regarded as the Europeans’ own language. Cite as: Herbert, JLL 12 (2023), 31–47, DOI: 10.14762/jll.2023.031
Copyright (c) 2023 Manfred Herbert https://creativecommons.org/licenses/by/4.0
When political language invades the law and political statements masquerade as legal ones, provisions of the law acquire multiple meanings. For laws to be functional, their language must be denotative. Words must correlate with concrete elements of the real world as closely as possible, and actionable legal statements must either create reality or influence it outright. By contrast, political language is connotative. Words have a prospective one-to-many relation with reality, describing a desirable or promised state of affairs. Their influence on behavior is to inspire loyalty. The stack of associations that can be heaped on the back of the meaning of words varies. That pile is much smaller for words like equal, full, and exclusive, than, say, for lucky, dull, and elusive. The definition of the State of Israel as “Jewish and democratic,” which appears in three constitutional provisions, uses two connotative terms uncommonly rich in associations, which renders them legally dysfunctional. Joined together, they are like cheveril gloves that can quickly be turned inside out, making Jewish and democratic mean everything (an endless combination of terms open to interpretation) and nothing (out-and-out contradiction between the two) at the same time. Cite as: Lanyi, JLL 12 (2023), F1‒F9, DOI: 10.14762/jll.2023.F01
Copyright (c) 2023 Gabriel Lanyi https://creativecommons.org/licenses/by/4.0