Том II филологические и юридические науки алматы — астана — баку — гродно — киев — кишенев — коламбия люденшайд — минск — невинномысск — ташкент — харьков — элиста 2010



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Использованные источники

  1. ФЭС - Философский энциклопедический словарь. – М.: Инфра-М, 1999. - 576 с.

  2. Кондаршин И.: Диалектика Материи: (http://www.PHILOSOPHY.ru/).

  3. Плунгян, В. А. Категории глагольной ориентации / В. А. Плунгян // Исследования по теории грамматики. – Вып. 2: Грамматикализация пространственных значений в языках мира. – М.: Русские словари, 2002. – С. 57-98.

  4. Булынина, М. М. Глагольная каузация динамики синтаксического концепта: (на материале русской и английской лексико-синтаксических групп глаголов перемещения объекта) / М. М. Булынина. – Воронеж, 2004. – 209 с.

  5. Толковый словарь русских глаголов: Идеографическое описание. Английские эквиваленты. Синонимы. Антонимы / Под ред. Проф. Л. Г. Бабенко. – М.: АСТ – ПРЕСС, 1999. – 704 с.


Clauses & Phrases
Ботезат Н.К.

Государственный университет «Алеку Руссо», г. Бельцы, Молдова


Abstract

The article gives a review of the components of a complex sentence, which gives students the main information about the distinguishing phrases and clauses in a complex sentence. A clause is a part of a sentence that contains its own subject and verb but is not the complete sentence. There are independent clauses, which can stand alone as a sentence and dependant clause, which adds information to the sentence and is related to it by a subordinate word. There are such types of dependant clauses as: adjective clause, which acts as an adjective; adverb clause, which acts as an adverb; noun clause, which acts as a noun. Clauses can be essential, which clarifies a sentence, or nonessential, which adds information, and elliptical clause in which words are understood without being written. A phrase is a group of words that act together as a single word and cannot function as a sentence. There are five basic types of phrases: prepositional, which acts as adjectives or adverbs; verb phrases, which begin with the infinitive; gerund phrases, which acts as a noun; participial phrases, which begin with participles. Such parts of a sentence as appositives are set apart by commas. There are such types of appositives as parentheticals, contrasts, and appositive adjectives. A table with all types of phrases and clauses is presented at the end of the article.

Complex sentences are combinations of phrases and clauses. Most students know this, but they cannot remember how to distinguish the two. A student should study clauses before examining phrases, which can be confusing.

Understanding clauses and phrases helps students avoid errors such as dangling modifiers, fused sentences, comma splices, and fragments.

Clauses

A clause is a part of a sentence that contains its own subject and verb but is not the complete sentence. What can be confusing is that some clauses could stand alone as sentences. When searching for clauses in sentences, look for verbs and their subjects. A clause is a group of related words that contain both a subject and a verb/predicate: White dogs are pretty (independent clause); or it may not: Although white dogs are pretty (dependant clause). As shown in the preceding example, a subordinating word is used in dependent clauses. This word relates the dependent clause to an independent clause, thus giving purpose to the dependent clause: Although white dogs are pretty, they are not popular. Such words are either subordinating conjunctions (such as: as, if, while, since) or relative pronouns (such as: which, that, who). Dependent clauses are used as single parts of speech being either: a noun, an adjective, or an adverb. There are several types of dependant clauses: See table of clause types below.



Independent Clauses

An independent clause is also known as a “primary,” “main,” and “principal” clause. An independent clause has a subject and verb, with the ability to stand alone as a sentence.

Charles went to dinner after he changed clothes. - Charles went to dinner.

The independent clause is a short sentence. It is the primary clause because it contains the simple subject and simple predicate of the full sentence.

Compound Sentences

A compound sentence is a sentence formed by two or more independent clauses. Use a comma to separate long independent clauses joined by and, but, or, or nor. Place the comma before the conjunction: Wendy plans to attend college, but she needs to earn better grades.

Dependent Clauses

A dependent clause, or “subordinate clause,” adds information to the sentence by acting as an adjective, adverb, or noun. Frequently, a dependent clause is introduced by a subordinate conjunction. Look for either commas or conjunctions to identify dependent clauses.

Martha told us that her book is missing.

The book, which was her favorite, has a blue cover.

In the first example, “that” introduces the dependent clause. If we were to replace “that” with a period, the resulting sentences could stand alone with reduced clarity. Our second sentence features a dependent clause marked by commas. Alone, the clause poses a question. In the appositive form, it adds a description of the book to the sentence.

Adjective Clauses An adjective clause acts as an adjective, modifying a noun or pronoun. Use an adjective clause when an adjective or two will not suffice. Often, the relative pronouns who, whose, whom, which, and that attach adjective clauses to their antecedents. The writer who wins the award must deliver an acceptance speech. Adverb Clauses An adverb clause (not “adverbial”) acts as an adverb and indicates the time, manner, or degree of an action. Adverb clauses often begin with subordinate conjunctions. He bought the house once he saw the roof-top greenhouse. Noun Clauses



A noun clause is a clause acting as a noun, sometimes as the subject of a sentence. If you can replace the clause with “it,” you have identified a noun clause. How he thinks is a mystery to me. - It is a mystery to me. Essential and Nonessential Clauses A clause can be essential or nonessential based on the writer’s intention and the construction of the sentence. As the names imply, an essential clause is needed to clarify the sentence, while a nonessential clause adds information that might not be required. Essential Clauses An essential clause usually follows a noun or pronoun and clarifies the noun’s identity. We use an essential clause when there might be a doubt as to who is being mentioned in a sentence. The boy seldom speaks. With an essential clause: The boy who sits in the back seldom speaks. In the example, we might not know the identity of the boy without additional information. By describing where the boy sits, it is easier to identify the particular person mentioned. Sometimes an essential clause can be replaced with an adjective. A writer must decide which construction is most effective. An editor who is talented respects the author’s style. - A talented editor respects the author’s style. Nonessential Clauses A nonessential clause interrupts the flow of a sentence with additional information that is not essential for clarity. A nonessential clause is set off with commas, like an appositive. Sometimes it is best to pull a nonessential clause from a sentence and make it a short sentence that follows the original. The boy, who sits in the back, is the only male student. The boy is the only male student. He sits in the back. The pair of shorter sentences might be more effective than a long sentence. Elliptical Clauses An elliptical clause is a clause in which certain words are “understood” without being said or written. As in most languages, English allows for the omission of words when they are obvious by nature of context or grammar. What will happen if I miss the deadline? Elliptical: What if I miss the deadline? Phrases A phrase is a group of words that cannot function as a sentence. A phrase acts together, as if the words of the phrase are a single word. Phrases act as nouns, adjectives, and adverbs. There are five basic types of phrases:

  • Prepositional

  • Verb

  • Infinitive

  • Gerund

  • Participial

A phrase is a group of related words that lack a subject or a verb, or both. A phrase cannot stand alone as a sentence, but is used in sentences as single parts of speech. See table of phrase types. Prepositional Phrases A prepositional phrase begins with a preposition and ends with nouns or pronouns. The noun or pronoun is known as the “object” of the preposition. Most prepositional phrases act as adjectives or adverbs. Adjective: The student with the best grades is also a great athlete. Adverb: We attended a concert at the park. Read the section on prepositions for more information. Verb Phrases Verb phrases include a primary verb and any auxiliaries accompanying the verb. A common error is “splitting” a verb phrase with an adverb. You should place adverbs before or after the verb phrase. Infinitive Phrases Infinitive phrases are “verbal phrases” that begin with an infinitive. He wanted to write. She expects to be published soon. Gerund Phrases A gerund phrase is a group of words containing a gerund, but not acting as the verb phrase within a sentence. In fact, the gerund acts as a noun, possessed by another noun or pronoun. Your nagging him isn’t making the publisher happy. In the example, “nagging him” is a gerund phrase, owned by the person being addressed as “you” in the dialogue. The entire phrase can be replaced with the pronoun “it”: It isn’t making the publisher happy. Participial Phrases Participial phrases are groups of words beginning with participles. Participial phrases tend to act like adjectives or adverbs, though they can replace nouns. We have read claims that participial phrases only act as adjectives. Appositives An appositive explains or describes the noun or pronoun it follows. Appositives are set apart by commas. Predicate nouns and appositives are similar when reflecting the meaning of the subject in a sentence. Use appositives for concise writing, eliminating predicate noun sentences. The boysenberry, a blackberry and raspberry hybrid, originated at Knott’s Farms in California. The boysenberry is a hybrid of the blackberry and raspberry. Boysenberries originated at Knott’s Farm in California. In the example, “hybrid” is a noun describing the boysenberry plant. This relationship is clear in the predicate noun form. Using the appositive, we eliminated the need for “boysenberries.” A simple test for appositives is to replace the first comma with “is” and the second with a period. If the result is a predicate noun or predicate adjective, you have identified an appositive. The student like Mr. Wallace, the new teacher. - Mr. Wallace is the new teacher. Parentheticals A parenthetical comment is an appositive stating the opinion of a speaker, narrator, or author. As the name implies, a parenthetical is sometimes punctuated with parentheses instead of commas. Jason, liar that he is, never told her he had found the book. Jason (a liar) never told her he had found the book. Contrasts A contrasting expression is an appositive beginning with a negative conjunction, such as but, however, not, or though. The contrast modifies a noun or pronoun: Coins, however shiny, are merely money. Appositive Adjectives Using appositive adjectives emphasizes the description of a noun or pronoun. Appositive adjectives are placed after the noun or pronoun and set off with commas: Her hair, long and golden, reflected the sunlight. . Use appositive adjectives sparingly, because they intentionally slow a reader. In conclusion, I would like to present the table of phrases and clauses in order the student can use in his every day written practice as in class as well at home.

Phrases function as nouns, adjectives, or adverbs

Type

Definition

Example

Prepositional phrases (most common type of phrase)

Acts mostly as adverbs, sometimes as adjectives or nouns? begins with a preposition and ends with a noun or pronoun.

I walked to the store. (adverb) With a smile I told the joke. (adjective) After sunset is a good time to go fishing. (noun)

Absolute phrases (noun or pronoun and a participle with modifiers)

Has no grammatical connection to any part of speech, instead modifies the entire rest of the sentence

An uncertain future looming, I forged ahead.

Appositive phrases

An appositive is a re-naming or amplification of a word that immediately precedes it.

My English teacher, an excellent author, just published his second book.

Verbal phrases:




Infinitive phrases

Acts as nouns

I wanted to leave.

Participle phrases

Acts as adjectives

Flying high in the air, the rocket exploded.

Gerund phrases

Acts as nouns

Getting the promotion is my only hope.




Clauses (dependant) function as nouns, adjectives, or adverbs

Type

Definition

Example

Relative or Adjective clauses

Acts as an adjective and begins with a relative pronoun: what, which, who, that, whatever, whoever.

Bob did not get the job in administration, which really surprised his friends.

Noun clauses

Acts as a noun

Whoever stole my pen must give it back.

Adverb clauses

Acts as an adverb by telling something about the verb

Mary felt happy when she found her dog.

Elliptical clauses

Grammatically incomplete, but clear in meaning

I recommend (that) you go to the doctor.May omit “that.lt;o:p> I knew he could fix the car better than I (could fix the car). May omit “could fix the car.?lt;/i>


Использованные источники

  1. Delahnty, G.P., & Garvey, J.J. (1994).

  2. Language, Grammar and Communication. A course for teachers of English. International editions. Mr Graw-Hill, Inc. Frank, M. (1993).

  3. Modern English. A Practical Reference Guide. Prentice Hall Huddleston, R. (1984).

  4. Introduction to the Grammar of English. Cambridge: Cambridge University Press. Quirk, R., Greenbaum, S., Leech, G. & Svartvik, J. (1972).

  5. A Grammar of Contemporary English. London: Longman Swan, M. (1980).

  6. Practical English Usage. Oxford: Oxford University Press. Thomson, A.J., & Martinet, A.V. (1986).

  7. A Practical English Grammar. Oxford: Oxford University Press.


The Reflection of English Law Language in the Mirror of Russian Legal Terminology: its Interpreting and translating
Ботезат Н.К, Багич Н.Н

Государственный университет»Алеку Руссо», г.Бельцы, Молдова


Active interaction of Russia with countries of the world community raised a wide range of issues concerning international business activities. Foreign and multinational corporations as well as domestic companies are involved in international deals all over the world. With rapid growth of international business transactions and, consequently, international commercial disputes, the problems of legal translating acquired vital importance.

Nowadays the English language has become the language of choice for conducting an international business. In addition, the English language has become prominent as the operational language of many law firms and multinational corporations. Thus, interest in studying English legal terminology and legal translating has recently grown up. In this context, the article reviews general peculiarities of legal terms and focuses on linguistic and legal aspects of translating English legal terminology.

While exploring legal terminology we have to determine the unit of this terminological system. In this article we define a term as a word or a word combination belonging to the specific field of usage, either specially created or borrowed for determining a specific concept and based on a definition. In that way, "a legal term is a word or a word combination which stands for a general name of a legal concept, has a specific and definite meaning, and is often used in legislation and legal documents" [6; 7, p. 64].

Contemporary language of law makes several requirements relating to legal terms that should be taken into consideration in the process of translating. The legal term should meet the following important requirements:

a) satisfy the rules and norms of a corresponding language,

b) be systematic,

c) correspond to a certain definition oriented to a certain concept,

d) be relatively independent of the context,

e) be precise,

f) be as concise as possible,

g) aim at one-to-one correspondence (within the certain terminological system),

h) be expressively neutral,

i) be euphonical.

The language of law as a special sublanguage has its own content and a set of specific characteristics which vary depending on a language system. However, irrespective of a language, the major part of its distinctive features and peculiarities are explained by the influence of historical, cultural, social and political factors on the language community.

The English legal language is characterized by a specific set of terms. First of all, it comprises numerous Latin words and phrases (ex. lex loci actus, res gestae, corpus delicti, lex domicilii, etc.). It also has words of the Old and Middle English origin, including compounds which are no longer in common usage (aforesaid, hereinabove, hereafter, whereby, etc.). Besides, the English legal language includes a large amount of words derived from French (appeal, plaintiff, tort, lien, estoppel, verdict etc.). The language of law also uses formal and ceremonial words (I do solemnly swear, Your Honour, May it please the court...) and technical terms with precise meanings (defendant, negligence, bail etc). Thus, the present content of the English language of law is due to the influence of different languages and that has a historical explanation [2, p. 386; 3; 5, p.187 ]. Considering Russian legal terminology, we should keep in mind that it comprises fewer borrowings and compounds than the English one. A considerable part of legal terms is of a national origin including Old Russian (for example, истец, ответчик, право). This may be explained by the history of Russia and its legal system development as well. At the same time, contemporary Russian legal language has been enriched by the new law terms derived from English (лизинг - leasing, антитрестовский - antitrust, корпоративный - corporate, факторинг - factoring etc.) [1; 3; 4]. Thus, English and Russian legal languages are characterized by their own specific features which are explained by the historical, political, social and cultural influences.

Dealing with the language of law implies two forms of transferring from one language to another – legal interpreting and legal translating.

Legal interpreting is meant for people who come before the courts (litigants, defendants, witnesses etc.) and who cannot communicate effectively in the language of legal procedures. According to the law, individuals who do not communicate in the language of legal proceedings have a right to speak their native language in court and use the interpreting services. Similar regulations are provided by the new Russian legislation - Arbitration Procedure Code (2002), the Civil Procedure Code (2002) and the Criminal Procedure Code (2001). The interpreter's goal is to interpret from one language to another everything what is said in court, preserving the tone and level of the original language, adding and deleting nothing. The legal interpretation should be adequate, complete and correct. Legal translating first of all implies translating legal documentation (laws, acts, judicial decisions, legal rules, contracts, agreements, administrative papers and other law-related documentation). This kind of translating has been recently prevailing in the process of international relations development.

Faced with a legal text to translate, a legal translator must deal with the dual challenge of language and law, which he or she must reproduce as correctly as possible in the target language. This complex procedure of transferring from one language to another involves a number of risks inherent in language. That is why it is rather difficult to transfer the entire message of the source text from one language to another. Legal translation requires reproducing both form and content of the legal text. The latter also implies transferring text from one legal system to another. Therefore, legal translating is subject to various difficulties of transferring a meaning of a legal term and a translator must strive for a functional equivalence.

As it was mentioned before, any kind of translation has to meet the principal requirements of adequacy, accuracy and completeness. While accuracy and completeness are mainly aimed at the form of the legal text, adequacy is referred to its content. Adequacy of the legal translation is mostly achieved by following the principal rules of legal terminology in the target language. Translating implies transferring the meaning of the original, but not only the words. While translating it is important to know the legal terminology in both languages. The substitution of a legal term of the source text by its synonym (a word of common usage) in the target language may result in misinterpretation in terms of law. The distortion of a meaning of a law term may influence upon legal consequences.

For example, the legal phrase "the party domiciled abroad" is not equal to its Russian translation «зарубежная сторона» or «сторона, проживающая за рубежом». The correct way to express the same meaning in Russian legal terminology will be «сторона, домицилированная за рубежом». It should be noted that a domicile as a legal term means "a place of permanent living" (if an individual is implied) or "a seat of a corporation /a principle place of business" (if juridical person is implied), while the general meaning of this word is "a place where someone lives" [1; 3; 4]. Besides, as the legal term party (сторона) implies either an individual person or juridical person/entity involved in a legal agreement or dispute, the second way of incorrect translation mentioned above relates only to an individual person and hence, is unequal to the legal term used in the source text. Inadequate translation obviously may influence on the objective evaluation of jural facts.

Thus, it should be taken into consideration that a legal translator or interpreter is liable for the correctness, completeness and adequacy of his legal translating. "The translator must appear before the court and translate completely, correctly and in proper time" (the Arbitration Procedure Code of the Russian Federation, 2002: article 57 clause 4). On the one hand, the procedural codes mentioned above provide criminal liability for a wittingly false translation (the Arbitration Procedure Code of the Russian Federation, 2002: article 57 clause 6; the Criminal procedure code of the Russian Federation, 2001: article 59 clause 5). On the other hand, interpreters are humans and making a mistake is possible. When an interpreter unintentionally makes a mistake, he or she is obligated to correct it immediately, and is expected to do the same in case of written legal translating. The Russian law provides a right of a court interpreter to ask questions in order to clarify the translation. Indeed, unprofessional (in its legal sense) translation may cause injustices. Rarely, but some cases have successfully been appealed because of interpreter issues.

Therefore, it is obvious that the major drawback of traditional language training and document translation services currently available is that these organizations have little or no experience and knowledge of the law. In order to provide the effective communication in English about specific legal concepts and ideas it is crucial for legal translators and interpreters to have a profound knowledge of the legal terminology in both languages. All mentioned above allow us to determine the essential requirements that provide excellence in legal translating (interpreting) in the process of international communication. First, one of the important requirements is a language proficiency which implies ample vocabulary, knowledge of standard grammar and stylistic components of legal language. The mastery of the target language must be equivalent to that of an educated native speaker. Second, the high level of excellence requires up-to-date knowledge of the subject material and legal terminology in both languages. These are due to the translator's competence in legal language. Third, understanding of the procedures used in court as well as familiarity with principal legal concepts is necessary. In addition, a wide general knowledge, mental and verbal agility of an interpreter contributes to the effective legal translation as well.

Taking into consideration the aforesaid, we come to a conclusion that legal translators and interpreters should meet the essential requirements mentioned above in order to provide a complete, correct and adequate translation. Deep knowledge of legal language and proficiency in legal terminology of both languages are the main factors providing the effective intercultural communication of legal professionals in the process of international cooperation.



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