translations of terms can be made, the translated equivalent acquires within a different
linguistic context a completely different meaning: for example the Italian term diritto
civile translated into English as Civil Law has a very different meaning to the
apparently equivalent term employed in the Italian context.
Other kinds of problem at the linguistic level arise from the need to compare
linguistic systems that are very diverse in terms of structure and cultural pattern
dimension. For example French is characterised by an abundance of polisemic words
and the frequent use of insidious rhetorical forms that can only with great difficulty be
compared to the terms and structures of the more practical and pragmatic English
language. The difficulty in finding equivalent terms is all too apparent (e.g. agent,
estoppel, executor).
The most common and most difficult problem, however, is due to a substantial
divergence.
An example could be the term negozio giuridico which was introduced via
German legal science and with great difficulty can be assigned an equivalent in
French or English. It is a term that can be perfectly defined by both French and
English jurists but which cannot be translated through the use of a specific term in
these languages. This, of course, is a great limitation to the comparison and
translation of texts. The Italian entry capacità giuridica has no equivalent in English,
as there is no general theory on legal capacity within common law that may be
compared to the body in Italian legislation.
In the last years the growing need to make comparisons with foreign documents
has led research to tackle the issue of multilinguism by attempting to create tools to
obviate the difficult problem of legal concept and data communication.
For example, the European Community, via Eurodicautom, predisposed a
translation service of legal terminology taken from European laws, but because this
tool is based on practical terminology it does not include terms used in legal science
and it does not envisage a direct connection between the thesaurus developed by the
Community.
Jurovoc, the legal thesaurus of the Swiss Federal Tribunal is another type of tool
developed in this area. It is made up mostly of legal terms in German, French and
Italian that are connected amongst them selves in pairs. Compared to semantic
lexicons thesauri, and therefore also Jurivoc, do not include term definitions and so do
not resolve the problem of polysemes. It is difficult to grasp the meaning to which the
translated term refers. Over and above this, the list of terms is connected at a
taxonomic level (Bt, Nt) as well as to a generic reference to equivalent terms. The
type of semantic connection made between terms is therefore not defined. For
example, the term mora dei creditori is connected to penalità della mora. The
distinction between the sanction with respect to and the legal effects that can result
from this are missing. The WordNet methodology appears to offer solutions to the
treatment of multilinguism that are able to go beyond the limitations of these
approaches.
EuroWordNet has created an impressive quantity of documentation concerning
methods for developing multilingual ontologies in the WordNet framework. All
European local wordnets are linked to the ILI (Inter-Lingual Index) of English terms.
ILI is an unstructured list of meanings, where each synset has a one-to-one reference
(equal- to) to its source, without any language-specific relation [Vossen 1998]. Local
synsets can be mapped from language to language according to the inter-link of ILI.
This ‘shallow’ methodological choice was due to the difficulties encountered in the
EuroWordnet project in harmonising different lexical resources and separate starting
69