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.

     

Exogenous Lipoid Pneumonia as a Contributory Factor in a Drug‐related Death

Postmortem investigation often reveals various conditions, which may or may not have played a part in the death of the individual. The case of a 32‐year‐old woman is reported, with a long history of drug addiction. She was found dead in her bed. The autopsy revealed diffuse pulmonary edema with congestion of the lungs, brain, liver, and spleen. Microscopic examination of the lungs showed multiple intra‐alveolar and interstitial foamy macrophages and extracellular fat droplets surrounded by polynuclear giant cells. Death was attributed to acute polydrug intoxication. As microscopic examination had revealed severe pulmonary lesions, lipoid pneumonia was considered as a contributing factor to death. Lipoid pneumonia is an uncommon entity with the characteristic radiograph features and histologic findings of alveoli filled with vacuolated, lipid‐laden histiocytes. It can be either exogenous or endogenous in cause, based on the source of the lipid. Exogenous lipoid pneumonia usually results from aspiration or inhalation of fat‐like material, such as mineral oil or petroleum‐based lubricants and decongestants, resulting in pulmonary inflammatory reactions.     

Sudden Death Due to Undiagnosed Rheumatic Heart Disease in a Child

We report the case of a 5‐year‐old boy who died from complications of rheumatic heart disease with atypical presentation. He was hospitalized for recent inflammatory and neurological symptoms. He was diagnosed with viral encephalitis. He died the day after he was discharged. The macroscopic autopsy findings were unremarkable. Histology revealed typical rheumatic heart disease. Neuropathology showed cerebral infarction due to an embolic event linked with the rheumatic valvulitis. The cause of death was determined as heart failure due to rheumatic heart disease secondary to an undiagnosed acute rheumatic fever. It is related to an autoimmune response to infection with group A streptococcus. It mainly affects children in developing countries. In our case, viral encephalitis was consistent with the medical history and the proper diagnosis was made on histological analysis. Forensic pathologists should consider this diagnosis facing a sudden unexpected death in childhood, even in industrialized countries.     

Analysis of Explosives by GC‐UV

A mixture of explosives was analyzed by gas chromatography (GC) linked to ultraviolet (UV) spectrophotometry that enabled detection in the range of 178–330 nm. The gas‐phase UV spectra of 2,4,6‐trinitrotoluene (TNT), 2,4‐dinitrotoluene (DNT), ethylene glycol dinitrate (EGDN), glycerine trinitrate (NG, nitroglycerine), triacetone triperoxide (TATP), and pentaerythritol tetranitrate (PETN) were successfully recorded. The most interesting aspect of the current application is that it enabled simultaneous detection of both the target analyte and its decomposition products. At suitable elevated temperatures of the transfer line between the GC instrument and the UV detector, a partial decomposition was accomplished. Detection was made in real time and resulted in overlaid spectra of the mother compound and its decomposition product. Hence, the presented approach added another level to the qualitative identification of the explosives in comparison with traditional methods that relies only on the detection of the target analyte. As expected, the decomposition product of EGDN, NG, and PETN was NO, while TATP degraded to acetone. DNT and TNT did not exhibit any decomposition at the temperatures used.     

Modelling the relationship between counter‐knowledge and open‐mindedness for policy development

Counter‐knowledge refers to flaws in citizens' mental models arising from utilization of rumours, inappropriate knowledge structures, outdated routines or procedures. When counter‐knowledge is applied to civil servants, it may result in problems of efficiency, equity and motivation. This paper examines the relationship between counter‐knowledge and open‐mindedness to model a framework for improving city marketing and policy development. This study tested two measurement models. While the theoretical model represents the effect of counter‐knowledge on city marketing and that the latter has a negative effect on open‐mindedness, the alternative model involves that counter‐knowledge has a positive indirect impact on open‐mindedness. These relationships are examined through an empirical investigation of 203 Spanish city halls. The results show a potential positive indirect effect of counter‐knowledge on open‐mindedness through city marketing programmes. This paper clarifies the existing literature, which tries to contribute to the discussion of city marketing, and helps us to obtain meaning out of the relationship between counter‐knowledge, city marketing and open‐mindedness. Copyright © 2016 John Wiley & Sons, Ltd.     

Traditional Excluding Forces: A Review of the Quantitative Literature on the Economic Situation of Indigenous Peoples,Afro‐descendants,and People Living with Disability

Unequal income distribution in Latin America and the Caribbean is linked to unequal distributions of human and physical assets and differential access to markets and services. These circumstances, and the accompanying social tensions, need to be understood in terms of traditional fragmenting forces; the sectors of the population that experience unfavorable outcomes are also recognized by characteristics such as ethnicity, race, gender, and physical disability. In addition to reviewing the general literature on social exclusion, this article surveys several more specific topics: relative deprivation (in land and housing, physical infrastructure, health and income); labor market issues, including access to labor markets in general, as well as informality, segregation, and discrimination; the transaction points of political representation, social protection, and violence; and areas in which analysis remains weak and avenues for further research in the region.     

Stratégies syndicales et renouvellement des élites: le syndicat FTMH face à la crise des années 1990

En nous centrant sur le cas de la FTMH entre 1970 et 2004, nous analysons l'adaptation des syndicats dans le contexte de leur affaiblissement au cours des années 1990. Selon nous, l'affaiblissement du syndicat dans la sphère économique a donné lieu à un déplacement de l'action syndicale vers la sphère politique. Il est possible de dégager deux axes dans la redéfinition de la stratégie de la FTMH, dont le premier concerne le renouvellement des élites: des nouveaux dirigeants, universitaires et marqués par leur appartenance au PSS, remplacent les “élites traditionnelles” du syndicat. Ce renouvellement a appuyé un deuxième changement: un nouveau rapport à l'état et une diversification des registres d'action du syndicat. Les négociations collectives s'accompagnent désormais de stratégies de politisation, mais aussi de mobilisations, ainsi que d'une volonté de s'assurer une meilleure visibilité médiatique. L'ensemble de ces évolutions témoignent d'un rapprochement avec le PSS.     

Travar el saber: Travesti-Centred Knowledge-Making and Education

This article focuses on what we call, following Argentinean thinker and activist Lohana Berkins, travar el saber. Travar el saber is travesti theorising; rooted in Berkins's conceptualisation of travesti as a political identity, it works to understand, question, and transform the tenets and practices that uphold and reproduce exclusionary dynamics. Our analysis draws on efforts taking place at the Bachillerato Popular Travesti y Trans Mocha Celis, the first high school created to meet the needs of travesti and trans students in Buenos Aires. The school seeks to create a travesti-centred transformative educational framework and praxis.