Όψεις της δεοντικής τροπικότητας στη νομική γλώσσα και μετάφραση του Δικαίου του Ανταγωνισμού της ΕΕ: Κριτική επεξεργασία και ανάλυση σώματος κειμένου στα αγγλικά και τα ελληνικά.
Date Issued
May 4, 2022
Type
Διδακτορική Διατριβή
Abstract
Legal Language is a very interesting field of research due to its special features. Especially legal texts that are drafted and translated in the multilingual and multicultural environment of the European Union (EU) are of particular interest. The present study focuses on an aspect of the EU legal language, deontic modality, i.e. “the necessity of an individual to act or not act in a particular way” (Kreidler, 1998, p. 241). In other words, deontic modality concerns “what is possible, necessary, permissible, or obligatory, given a body of law or a set of moral principles” (Von Fintel, 2006, p. 2). Due to its nature, this grammatical (or semantic) category is directly related to the expression of concepts such as the imposition of obligations and duties and the confer of power, namely the primary functions of Law (Hart, 1961, p. 27; Biel, 2014a, p. 158; Sosoni, Kermanidis, & Livas, 2018, p. 190).More specifically, in the present study deontic modality is studied in the multilingual and multicultural environment of the EU. The study focuses on the legal language of the EU Competition Law. The EU Competition Law was chosen, because the competition policy is prominent in the EU from its very beginning. The study focuses on the legislation and the case law concerning the EU Competition Law, because these legal acts have binding force. Its main aim is to answer the following questions:-How is deontic modality expressed in the legislation and the case law of the EU Competition Law in English and Greek?-Which similarities and differences arise from the comparison of deontic modality between the legislation and the case law regarding EU Competition Law for English and Greek?-Are (and if yes, to what extent) the guidelines that have been adopted by the EU competent bodies for the drafting and translation of legislative acts within the EU followed (see chapter 3.4.)?For the purposes of the study, a bilingual Corpus composed of authentic legislative texts with binding force (regulations and directives) of the secondary EU Law (subcorpus of legislation) as well as with judgements of the Court of Justice of the European Union (CJEU) from cases regarding the EU Competition Law (subcorpus of case law) was designed and compiled. The Corpus was analysed using both quantitative and qualitative methodological tools. For the quantitative analysis, the AntConc software (Anthony, 2019) and the Sketch Engine software (Kilgarriff, Rychlý, Smrž, & Tugwell, 2004) were used, while for the qualitative analysis, the QDA Miner Lite (n.d.) software was used. The combination of methodological tools for the quantitative and qualitative analysis of data led to the triangulation of the results and to the answer of the research questions.
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