Comparative multilingual legal vocabulary - …...Comparative multilingual legal vocabulary 28 March...
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Comparative multilingual legal
vocabulary
28 March 2011, Luxembourg
Caroline Reichling
Directorate general for Translation
Court of Justice of the European Union
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Context
In December 2008, the question was put
before the Court’s DGT by the
Publications Office
Could the Court of Justice contribute to
the creation of a multilingual legal
vocabulary (‘VJM’) for the various legal
systems of Member States of the
European Union?
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Context E-Justice Communication Portal one of the objectives of which is to
use IT to improve citizens’ access to justice
Aim of VJM: To make available to lawyers and EU citizens a multilingual documentary tool for indexing and consulting the documentary resources of national legal databases
The Court’s answer: feasibility test
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Two aspects managed in parallel:
terminological and documentary
Tool allowing users to find information
(documentary requirement, thesaurus)
and to understand it (terminological
requirement)
March 2009 / June 2010
Feasibility test
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24 lawyer linguists covering 24 legal
systems and 23 languages
Management team
2 lawyer linguists (preparatory work)
1 assistance team
1 assistant for IT support
1 coordinator
Human resources
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CuriaTerm (internal terminological
database)
Wiki for virtual discussions and proposals of new concepts
Excel for work follow-up and management of non-descriptors
Freemind for the construction of conceptual diagrams (trees)
Technical working environment
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Principal sources Legislation (national, EU and INT)
Travaux preparatoires
Case Law
Doctrine
International conventions and
agreements
Specialised reading material and
comparative law studies
Glossaries, dictionaries and thesaurus,
especially: Eurovoc & Tesauro
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Recording terminological data within an internal database in a structured manner while respecting a main rule
Single-concept principle =
One record per concept
= The principle that a terminology record should deal with one concept only and that all data relating to a given concept should be consolidated on one record.
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Désignation(s) of the concept Terminological references
Origin: Legal system Context (when useful)
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Several designations for one concept Origin: sector and legal system
One preferred term by legal system
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Terminological elements (precision,
relevance and reliability)
One preferred term by legal system and
not by language
Differences with a standard thesaurus
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Relationship «to be distinguished» Allows the saving of application notes
abandon d’enfant (The failure of a parent to provide any financial assistance to or communicate with a child over a period of time)
délaissement d’enfant (child abandonment, who is found abandoned)
Management of non-descriptor Only synonyms and variants within the same record
Differences with a standard thesaurus
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Management of non-descriptors
Recapitulation
«Words or expressions which denote, in
the natural language, the same concept or
equivalent concepts or concepts
considered, in the thesaurus language, as
equivalent to those represented by
descriptors. »
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Management of non-descriptors
Refinement of equivalence relationships between descriptors and non-descriptors other than synonyms:
antonyme (infidelity USE duty of fidelity)
narrower and national (PACS (FR) / civil partnership (UK) USE registered partnership (UE)
narrower and marginal (bigamy USE polygamous marriage)
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feminin equivalent (sister USE brother)
person (curator USE curatorship )
precoordination (paternal parentage USE parentage + father )
close (hearing of the child USE right of the child to be heard)
similar meanings (fiançailles / engagement USE promesse de mariage / promise of marriage)
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Systematic display: Rights of aliens
FR / EN
CA concept associé (related concept)
CS concept spécifique (narrower
concept)
Identification number
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Organisation within a conceptual tree (mind map):
Is efficient for visualising, structuring, and classifying concepts.
Allows user to understand better the concepts and the relations between them.
Integration of the added value of terminology that provides more detailed semantic and terminological data.
Advantages to combine terminological
and documentary aspects
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Aid to translation (specialised multilingual terminology)
Court / E-justice / IATE
Aid to documentary research (thesaurus)
Court / E-justice / Eurovoc (Eur-Lex / N-Lex) / National databases
Aid to understanding texts
Court / E-justice / Eurovoc (Eur-Lex / N-Lex) / National databases
Possible use
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Multilingual terminological and detailed
entry
Time saving
Harmonisation and quality
Comparative Law
An aid to legal translation
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Multilingual terminological and detailed entry
To find the “terms” but also:
to understand the exact meaning of a concept and the difference between several concepts which are similar (arborescence and other data)
to avoid searching for the difference between several terms which express the same meaning (synonyms)
to use suitable references and to have direct access to multilingual documents (e.g.: EUR-Lex), etc.
An aid to legal translation
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Could be used as a controlled vocabulary:
Indexation tool for documentalists
Search tool for users
By subject (hierarchical display /
systematic display)
By terms that could be combined to do
an expert search
An aid to documentary research
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Mind Map (test)
entry requirements
NT1 (NT: Narrower Term) under the top term
«admission/entry into the territory
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Why use this tool (terminology + thesaurus) as an aid to research?
To formulate precise queries thanks to
a combinatory language
To carry out an intuitive search
without necessarily knowing the right
vocabulary (arborescence)
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Why use this tool (terminology + thesaurus) as an aid to research? Controlled vocabularies are claimed to
improve the accuracy of free-text searching, such as to reduce irrelevant items in the retrieval list (noise by the inherent ambiguity of natural language) or to avoid silence.
To make a query in a text the language
of which the user does not master
To carry out a search in a technical text
using one’s own register
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A thesaurus handles problems of
synonymy
mariage fictif
OR
mariage de complaisance
OR
mariage blanc
OR
mariage simulé
OR
?
marriage of
convenience
OR
sham marriage
OR
?
FR
EN
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A multilingual thesaurus handles
problems of language barrier
Search for «concubinage» in spanish
texts
concubinage
union libre
union de fait
concubinato
unión libre
Concept n° 9
unión de hecho
What about the concept «concubinage» (living together as a cohabiting couple) in the Spanish system?
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unión libre unión no matrimonial
concubinato unión
paramatrimonial unión de hecho
concubinage union libre union non-
matrimoniale union de fait
union hors mariage
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What about «puissance
paternelle» in 2011 in France and
Portugal?
Research: «puissance
paternelle» …
puissance
paternelle
patria potestas
autorité
parentale
pátrio poder
patria potestas
FR: responsabilité parentale
Concept n° 2
A multilingual thesaurus handles problems
linked to linguistic and / or conceptual
developments
autoridade parental
responsabilidade parental
poder paternal
EU Cross reference
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Delimiting the concept
Establishing equivalence
To what extent can one accept a
partial equivalence especially with so
many systems?
Drafting terminological definitions
National law and EU law terminology
Difficulties…
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Choice of preferred terms
How to limit the concepts to what is «strictly necessary»?
Arborescence: reaching a consensus
No accurate term for existing concept
Target public
Update in such a dynamic field
Difficulties…
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Integration into a database which is not
only multilingual but also multi-systems
(to what legal system does a term
belong?)
Adaptation of the tool to a public which is
not expert in thesaurus
Challenges ahead
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Comparative multilingual legal terminology available in real-time in CuriaTerm
Research and legal comparison work is very motivating
Broader range of skills of colleagues
Contribution to the interinstitutional cooperation (Eurovoc and IATE)
Positive points
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Assessment
Multilingual collection of more than 600 concepts
Following a strict methodology and regular meetings
Specialists (legal, translation, terminology, documentary)
Investment in training
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Assessment
In-depth research in national law and comparative law is essential
Three pivot systems
Fundamental qualities (investment & consensual spirit & open to new technologies)
Suitable IT tool