Defining Law Terms: A Cross-Cultural Perspective

Abstract

Legal definitions are vital for effective legal communication. This paper outlines main conventions of formulating definitions in statutes and contracts. Legal definitions are analyzed here from cross-cultural perspective against (legislative) drafting guidelines and theory of law. Their formulation may depend, inter alia, on legal system, branch of law, legal genre, position within the document, and type of legal definition. An attempt is then made to examine how formal aspects of formulating legal definitions may affect the interpretation and thus translation of law terms. This interdisciplinary cross-cultural examination provides a theoretical basis for sketching main approaches to English-Polish (Polish-English) translation of the definition section in ratified international instruments published in Polish Journal of Laws. The translation practice trends towards legal definitions seem to be more and more informed by the globalization and ‘Europeanisation’ processes now constituting a still broader context of legal communication rather than confined to the text of a legal instrument itself.

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