Legal analysis of lexical semantic relations

The tenth stage of lexical semantic relations between the 297 song Lei law
　　　　　　　　　　　　　　　　　
　　　　　　　　　　　　　　　　　　　　　　　　　　
Legal analysis of lexical semantic relations
Song Lei
(Foreign Language College of Southwest University of Political Science and Law, Chongqing 400031)
Abstract: in this paper, from the semantic point of view, the semantic relation of legal English, namely, homonymy synonymy, antonymy, multi
Synonymy, hyponymy, careful analysis, to clarify the legal English translation process, understanding and awareness of the relationship between the
An important role in improving the quality of the.
Keywords: translation; semantic relationship; discrimination
CLC number: H033 document code: A article ID: 1004 - 3926 (2004) 10 - 0297 - 03
Received date: 2004 - 08 - 18
Author introduction: Song Lei, Dean of School of foreign languages, Southwest University of Political Science and Law, master's tutor.
Lexical semantic relation is always the important research in lexical semantics
One of the. Lexical semantic relation is mainly refers to the meaning of vocabulary
The existence of the association, difference. Legal language is rigorous and logic
Known for their, in both Chinese and English legal translation, understanding and recognition method
Semantic relations law vocabulary, to enhance the translator's understanding of the original,
To improve the level of translation will play a very important role. Generally speaking,
Semantic features of legal vocabulary mainly synonymy vocabulary
(Synonymy), homonymy, polysemy of (Homonymy)
(Polysemy) (Antonymy), antonymy and hyponymy
(Hyponymy). This paper from the perspective of semantics of these structure
Analysis of the relationship, and to explain the meaning of relationship in English and Chinese
Some effects may produce process in legal translation.
Analysis on the relationship between a, a
Anglo American Law (Common Law) had a rigorous, accurate, detailed the
So that, in legal English thesaurus or near synonym exchange is very rich, often
There are more words to express the same meaning of the. If the said "lawyer"
The word is lawyer, at torney, at torney - at - law, bar2
Rister, solicitor, counsel, counselor, conveyancer,
Law agent, advocate etc.. But as a linguist
Said ", words can not be completely synonymous" (S1 Ullmann, 1962,
AT1 159). Legal synonyms are mostly cognitive synonyms, except in
The central meaning similarity, in other sense between them there
More or less difference. As in the word, lawyer
Words, in addition to "lawyer", also refers to other legal workers, including
Judges, law teachers, etc.. In Hong Kong, Taiwan people often will translate it into
"Legal person", and "legal person" (layman) relative. As "law
Teachers "when in use, at torney basically belongs to the American English, the equivalent of
Britain's solicitor or barrister. At torney - at - Law
Is English, often appear on the card, a practicing lawyer. Barrister and
Solicitor is used in the UK and some other Commonwealth countries or regions,
Translation of their lot, the former is "counsel", "a senior lawyer",
"Special law", "law" and so on; the latter "solicitor", "early
Lawyers "etc.. Strictly speaking, the translation is not accurate. Fact
On barrister and solicitor, involves two different systems, its
Training in different ways, different function, can not use high level and low level,
Large and small, and does not appear in court that the words of translation. The author
Inclined to put them in the "- free translation, translation," the former translated as
"The bar", which translates as "solicitor", which also can avoid
Some misunderstandings necessary (e.g., to really understand the difference between them, see
The author of "legal synonymous, terms of guide" one book). Coun2
SEL as "counsel", in the UK, it refers to as "solicitor"
Advice or recommendations "bar", sometimes also refers to the legal advisers
Ask "the bar", namely the Queen '(or' s King Counsel s). In the
American, it refers to the legal consultant for the company or government lawyers, such as
In - house counsel. Although the counselor in the UK has been waste
Abandoned, but in Ireland and America, sometimes still in use, mainly referring to
Provide legal advice, processing a variety of legal affairs and the appearance of the plea
Attorneys at law, its meaning is equal to at torney. Convey2
Ancer is mainly engaged in the transfer of immovable property lawyers, including "Ba
The lawyer "and" the solicitor". Advocate refers to "trial lawyer".
In addition, the Scotland "the bar" is also known as the advocate time
Hou, "solicitor" is called law agent.
In fact, in view of the legal words "stipulation" characteristics, namely it
Context and definition of general terms in legal interpretation or law dictionary of
There are special provisions, therefore even if is synonym or synonyms, nor in turn
Will replace the use of translation. This Law "stipulated in law of identity"
The principle of "the same meaning, the same form and vocabulary" (Principle of
Same meaning, same form, same Perter M1 (word)
Tier SMA, 1999, Legal Language, 119). Mr. Zhong
In the "letter of the law to abide by the law of identity" said, "according to one's view
Look, our legal translation workers (objective performance of its translation product and
Theory) do not seem to know the golden laws and precious rules to abide by the law of identity.
"General principles of civil law" in English translation as an example, the same is the law of the verb
Provisions, be translators consciously in the one and again, again three replacement translation
Name, such as stip ulate, specify and provide "(Zhong, 1994, 5,
"Chinese translation", 13). In fact, "identity" is the essence of obstacle
298 Southwest University for Nationalities Journal of Humanities and Social Sciences Edition, twenty-fifth volumes
To avoid ambiguity and errors. Secondary listed paradigm, provide and speci2
FY can be used interchangeably in various legal texts, the difference only lies in the P ro2
Vide is a general "rules", while specify refers to a "specific regulation
Set". But stip ulate are the exception, semantic category, its narrow,
Not as a mandatory "provisions of law", which refers only to the contract or
The parties to the negotiation protocol of the "agreement", it is only
In a contract or deed. Thus, as with stip ulate as the "general principles of civil law"
On the "Regulations", or the sentence "constitution stipulates that women and men enjoy
All the same rights "for The Constit ution stip ulates
T hat women enjoy exactly the same right s as men
(J ane P1 Cao, 1995 ", Chinese English law dictionary", China commercial
Press, 293) certainly wrong. Similarly, although prison and jail have
"Prison" meaning, but American "county jail" cannot be translated into
County prison, the reason is that prison refers to the crime is held
Serious offenders state or federal prison and detention of detainees
The crime or minor "county jail" can only be county jail. English and Chinese
This kind of situation in legal translation, translators must beware.
Two, homonymy
Many common English vocabulary with special language in legal contexts
Righteousness, and in general the meaning of words in English be quite different. American law
Linguist Peter M1 Tiersma these words called Legal
Homonyms (Legal Language, 1999, 111), namely the ordinary English
Language vocabulary in law "in the context of homographs". For example:
The general significance of legal significance
Aggravation annoyance factors aggravated penalty
Brief brief, concise brief (not necessarily
Ming)
Const ruction construction (legal) interpretation
Gating install the door release immediately after the arrest to evade supervision
Mortgage period
Motion motion motion
Practice practice, practice procedure, litigation practice
Prize reward or bonus capture
The Service service
St rike hit, hit delete
These words can easily lead to comprehension and translation errors. Such as
Some people will continuance of a t rial for "the trial continues," and
The real semantic is "adjournment of trial", meaning is suspended in front of the trial
The process of judgment, for later restart (continuance here
The meaning is "deferred", and "to" completely the opposite meaning). Some people will
Baby act for "action" or "no experience of childish behavior" ("incense
Hong Kong legal vocabulary ", the Commercial Press, 1995, 23), and the phrase really
It should be "to the conclusion of the contract the semantic one minor for defense". Kam
The translators often take the words too literally, the above error It is often seen., especially worth
Attention to.
Three, antonymy
Worthy of note and antonymy. In legal English, vocabulary
Antisense structure sometimes because of the special semantic field (Semantic
Fields), abnormal change, makes some in common English
Words had no antisense semantic word formation in the legal context
Semantic relations. For example, in the general English, speech (speech) and con2
Duct (behavior) not antonyms, they also have to some extent
Mutual overlapping and overlapping (overlapping) phenomenon, as in certain circumstances
Can be found speech is a specific form of conduct. However
In the specific legal context, especially in the involved "USA federal
The constitution "free speech clause (Free Speech Clause), the court
On this two words exact definition and strict distinction: that all
Protection in the "remarks" should be subject to free speech clause, and "behavior"
It is not within the scope of protection of terms. In fact, the court has
The opposite of the two words as a no overlapping and conflicting
To treat (The court s have t urned speech and con2
Duct into antonyms t hat no longer overlap1)
(Kibbee, For to Speke Frenche Trewely, at 30
31), namely that belongs to the "speech" is not "behavior", which belongs to the "line
Not "speech will"".
In addition, taking (acquisition) and regulation (adjustment) also belongs to
Such a situation. According to the "American federal constitution" Fifth Amendment (Fif t h
Amendment) shall, if the government of immovable properties
Belonging to the taking, the government should give compensation; if only
Belonging to regulation, is not the government should be compensated. Judge
Have them as a relationship of contradiction and conflict. A
The word ", the special legal context will in general not originally in English
Taking and regulation become antonyms with antisense structure
The relationship between vocabulary "(Peter M1 Tier SMA, 1999, Legal Lan2
Guage, at 114).
Analysis on the relationship between the four, polysemy
Polysemy refers to two or more of the meaning of a word.
It is one of the most important features of legal vocabulary, is also the most confusing translators
A problem. The adjective legal as an example, the main meaning is:
1) "legal" (in law), such as legal malice as "legal
The putative intent "; 2)" lawyer "(of lawyer), such as legal mal2
Practice "malpractice lawyers (" aggrieved parties may
This behavior to bring an action in tort); 3) "legal" (provided by
Law), such as legal holiday as the "holiday"; 4) "the common law
"(of common law), such as legal estate refers to the immovable property
"The common law rights, rights and interests" and "equitable" (equitable
Estate) relative. The translator in the translation, must be based on the different context
For the corresponding meaning selection.
And like summons, most people only know that it is "a", refers to the
The courts or procuratorial organs issued summons case related personnel in custody
A certificate ("modern Chinese Dictionary", the Commercial Press, 164).
In fact, summons also has a "complaint" and put forward to judge
"Application" meaning. Thus, The court or a
Judge may, on the application by summons of any
Judgment creditor of a part ner, make an order
Charging t hat part ner 's interest in t he part ner ship
Property and profit s wit h payment of the amount
Of t he judgment debt and interest there on1 ("Hongkong
The partnership Ordinance ", Art1 25) of summons is only by
"In the form of" the application rather than "summons" form, the whole case
The sentence should be translated into: the court or a judge, according to one partner
Where the judgment creditor to the application form to apply for, to buckle
The tenth stage of lexical semantic relations between the 299 song Lei law
And the partner in the partnership property and income rights
So, and used it to pay judgment debt and derivatives interest amounts.
In legal translation, due to not understand the meaning of Polysemy
Error meet the eye everywhere, such as "American federal constitution" first - 27 Xiang Xiu
Amendment early after America Congress passed an official "amendment" or
"Supplementary Provisions" (Bryan A1 Garner, 1999, Black 's Law
Dictionary, 7th Edition, at11079), but many people still will
The Amendment to US Constitution called "America Association
The state constitutional amendment ", let a person produce that they are still" act"
Misunderstanding ("case", be in suspense matters). Problems in the
At the beginning of the translator in the translation of amendment just know it is "correction
Case ", because do not know it also has a" correction "or" supplement "clause containing
Righteousness.
Analysis of five, hyponymy
At the end of a relationship is hyponymy, refers to a word
The meaning of a word is contained in another lexical meaning. The meaning of a word by another
Contains the words of hyponym (Hyponym), including other words
Words are hypernyms (Superordinate). This kind of legal English
Structural relationships sometimes very complex, involving hyponymy some special
Special type, such as a hierarchy (Hierarchies) or classification relationship
(Taxonomy) etc.. As in the criminal law, killing (kill) is the meaning
Words, while homicide (he) and suicide (Dutch act) is it under
Words. Homicide itself can be used as a superordinate, which also can be divided
Lawf UL homicide (innocent murder) and criminal homicide
(murder, also known as felonious homicide or culpable
Homicide) two kinds of behavior. "Innocent murder" and including justifiable
Homicide (justifiable homicide, such as national execution or the police shooting of refuse
Criminals etc.) and excusable homicide (Excusable homicide, such as
The justifiable defense, if the emergency or other force majeure factors causing death
Dead) two cases. "Murder" can be divided into murder and mans2
Laughter two, which means the difference lies in that the former has aforethought (wit h
Malice), the latter has no premeditation (without malice). Thus
Murder is "murder"; manslaughter "non murder
Sin". According to the characteristics of murder, murder can be divided into
First degree murder (first degree murder), second degree
Murder (two degree murder), t Hird degree murder (three rank
The murder). While the manslaughter is divided into voluntary
Manslaughter (non premeditated murder, also known as inten2
Tional manslaughter) and involuntary manslaughter
(non premeditated non intentional homicide) two. The former includes "passion homicide
Sin "(killing in heat of passion) or alcoholism and drug addiction
"Killing ability decrease of sin" (killing in diminished
Capacity); the latter includes "violating the act causing death" (un2
Lawf UL act manslaughter), "rude behavior causing death"
(reckless manslaughter) and "manslaughter" (gross
Negligent manslaughter) etc.. More complex relationships available
Below to indicate:
From the above results, killing and homicide and suicide
In the longitudinal hyponymy relationship, while homicide and suicide
It belongs to a horizontal hierarchy. Lawf UL homi2
Between the cide and the criminal homicide is the horizontal relationship, and they
And homicide is the hyponymy relation. And so on, above
The semantic structure relation may actually be regarded as a classification
System. A number of legal English synonyms family, have and more
Semantic meaning is the same as on the hyponymy relationship network structure. Understanding of the
The relationship between the structure of lexical semantic complex, to understand the whole law
System of legal rules, to correct errors in translation plays a very important
Effect. If someone had the phrase manslaughter in defense
Translated as "self-defense" murder "(English Chinese Law Dictionary", law press,
1999, 485), familiar with the above structure of the network in a glance that this is
A mistranslation. The reason is that manslaughter is in the criminal
Under item homicide, self-defense belongs to "homicide" not guilty "
"Category. In fact, the phrase means "due to improper defense
Made of non premeditated murder". Therefore the correct translation should be "defense
When causing death".
Conclusion
Vocabulary is the main carrier of language meaning "(Shu Dingfang, 2000, is now
Generation semantics ", 52). Study of lexical semantics can greatly enhance
Human cognitive ability on the meaning of language. In Chinese English legal translation
In the semantics, knowledge, the legal lexical semantic structure
System, especially the synonymy, polysemy and hyponymy relationship
More careful analysis, for the correct understanding of the original spirit, ensure the target
The fidelity and accuracy will play a very important role.
Reference.
[1] 1 beam contemporary modern semantics [M]1 Shanghai foreign language education press, 20001
[2] Yang Zijian 1 language research [M]1 Guangxi Education Press
[3] Lu Guoqiang 1 modern English Lexicology (New Edition) [M]1 Shanghai Foreign Language Education Press
Press, 19971
[4] Peter M1 Tiersma, 1999, Legal Language, The University
Of Chicago Press1
[5] Bryan A1 Graner, 1999, Black 's Law Dictionary, West
Group1
(editor Gou Zhengjin)