Language-bound terms—term-bound languages: the difficulties of translating a national civil code into a lingua franca

The present paper—taking the example of the English translation of the Hungarian Civil Code of 2013—aims to give an overview on the legal and terminology-related challenges and pitfalls that might occur during the process of translating a civil code with civil law traditions into the language of the common law world. An attempt is made to categorise terminology-related conceptual problems and elaborate how the different types of translation methods (functional equivalence, paraphrasing and neologism) could be applied; moreover, how a kind of legal-linguistic checks-and-balances can be achieved through the well-dosed combination, having also the ratio of similarities to differences (SD-ratio or SD-relationship) of legal concepts behind the respective terms in mind. Legal translators must act beyond the role of a simple translator: they must be comparatists, being aware of the legal origin of the relevant concepts and using the methods of comparative private law and translation studies at the same time, since both law and language are system-bound and are heavily influenced by the cultural and social environment. The authors strive to identify the significance of those problems (and possible solutions) from the perspective of how language-related aspects can perform some fine-tuning on the comparative methodology and findings, whether they are barriers only or provide also an opportunity to verify or refute prima facie comparative results. Comparative law—no doubt—supports legal translation, but their relationship is reciprocal: legal-linguistic subjects and problems emerging in the course of legal translation supply valuable feedback and further sources of inspiration.

     

Impact of takeovers on profitability of target companies: Evidence from Croatian companies

It is possible to find scientific confirmation of positive, negative or neutral influence of takeovers on company's profitability. Therefore, this study aimed to highlight the sensitivity of research results on manipulation in terms of used methodology and indicators. Using t-test for paired samples and five selected profitability indicators for target and peer companies, it has been proven that it is possible to obtain significantly different results even when using the same sample and the same reference period. The research has been performed on the sample of Croatian companies, which were taken over in the period from year 2003–2008.     

Class formation and class struggle in la convention,Peru

This paper has as its object the analysis of class formation, class struggle and its effects in the province of La Convention, Peru. The first section of the paper examines this process at the level of the province as a whole during the 1940–68 pre‐agrarian reform period, while the second and third sections focus on the same process in more detail as it relates to one particular rural estate during the period between 1973 and 1975 following the agrarian reform. The fourth section examines the question of political practice arising from the analysis elaborated in the two previous sections.     

The Scope of Serious Crime and Preventive Justice

I first offer an account of serious crime that goes beyond victimizing crimes committed by individuals against other individuals. This approach extends the well-known framework offered by von Hirsch and Jareborg to include crimes undermining welfare-producing institutions. I then consider how the seriousness of crime justifies preventive measures, including the criminalization of acts preparatory to the commission of serious crime. I shall defend preventive measures, including highly intrusive ones, for the most serious crimes, such as terrorism in the form of mass killing, but I shall take issue with very expansive conceptions of serious crime that include what are intuitively much less serious offenses than terrorism or murder. In England and Wales, the Serious Crime Act (2007) lists relevant types of serious crime in its Schedule 1. This and other pieces of serious crime legislation in the UK are discussed critically.     

War as a pretext to wave the rule of law goodbye? The case for an EU constitutional awakening

The war in Ukraine triggered significant changes at the European Union level. The speed at which the EU has achieved progress on sanctions, migration and defense is particularly impressive. But the Russian aggression against Ukraine has also served as a pretext for putting aside internal discussions about the rule of law, and provided additional political rationales for inaction against Member State governments responsible for the violation of European values, as well as triggered the deepening of double standards in several fields. Against this background, the paper argues that using this crisis as a justification for further inaction in the context of EU values is not a sustainable course of action. The Union must not delay further the need to act to halt the insidious erosion of democracy and the rule of law within its own borders both at the national and supranational level.     

Choices for positive living: A private/public partnership program to promote mental fitness and self‐esteem in adults and children

Summary

Investigated are the contributions of seventh graders' coping strategies and their perceptions of the school environment to predicting changes in their adaptation during the transition to junior high school. The students completed measures three weeks into the new school year and again three months later. Resource variables included students' use of approach and avoidance coping strategies in response to a specific transition-related Stressor, and their perceptions of their new school environment. Criterion variables included students' ratings of how effectively they coped with the specific Stressor, and their general adaptation to the transition. Zero-order and cross-lag correlations generally showed that the use of approach coping strategies and favorable perceptions of the school environment were associated with higher levels of perceived coping effectiveness and general adaptation to junior high school, while the use of avoidance coping strategies was associated with lower levels of perceived coping effectiveness and general adaptation. Hierarchical regressions revealed prospective effects for initial levels of coping strategies in predicting later perceived coping effectiveness.