This study explores the relevance of the concept of legal survivals, proposed by the legal scholar Rafał Mańko,
for legal translation purposes. The concept of legal survivals, in parallel to the well-known notion of legal transplants,
problematises a specific aspect of legal continuity, namely the continued existence of certain units of legal culture despite
transformations of a given jurisdiction’s legal system. Translating texts relating to such institutions raises difficult questions
for legal translators, who need to consider the legal and/or terminological changes to establish acceptable equivalents. This
article uses the translational comparative legal analysis framework to investigate the usefulness of Mańko’s theory for legal
translation through three case studies of the Polish–English translation of property law terms. The research shows that the legal
survivals theory may be useful in helping translators better comprehend the not-always-parallel paths of legal terminology and
legal institutions and encouraging a kind of ‘legal genealogy’.
Legal transplants refer to the spread of legal ideas across legal and cultural borders and are seen as a crucial conduit of legal change. Sparked by Alan Watson’s scholarship, the legal transplant debate is a central theme of comparative law. One significant controversy it has engendered is, as put by Günter Frankenber...
This article examines the impact of the attempt to adapt Latin American legal identity to the standards of the European legal tradition, questioning whether this pursuit hinders the region’s legal and economic development. The hypothesis to be defended is that such a pursuit is indeed detrimental, as the homogeneous le...
Pedro Ramos Lima, Antônio Carlos Wolkmer· Soft Power· 0 citations
This article analyses linguistic neutrality in legal English as a lingua franca. It examines two dynamics of transnational legal discourse that operate at once: the convergence of linguistic form and the conflict over doctrinal content. Conventional English drafting formulae, reused as templates, are analysed to show t...
This article examines the emergence of legal hermeneutics, its role in legal methodology, and the stages of its historical development. Hugo Grotius’s views on the interpretation of legal texts, his influence on the further development of hermeneutics, and his significance in modern legal theory are highlighted based o...
This article makes a case for creative methods in legal research that is both analytical and moral. Beginning with an information-theoretical account of legal evolution, I propose a shift from ‘law as language’ and ‘law as communication’ to the more foundational unit of information coded by legal language. I conceptu...
Introduction: The school of legal positivism developed by Hans Kelsen through the Pure Theory of Law and the Stufenbau Theory has an important influence on the development of modern law.
Purposes of the Research: This research aims to analyze Hans Kelsen's thoughts and their implications for legal development in Indone...
Berliana Ath Thahirah, Lola Naury Marsetina, Rosnila Nur Ramadhannia et al.· TATOHI: Jurnal Ilmu Hukum· 0 citations
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