Sources of one-word terms used in UK and Lithuanian constitutional law acts

The article addresses the issues of formation of legal terminology in Lithuanian and English. The terminology of Lithuanian law started to be formed at the beginning of the 20 century. Its development has been influenced by several political upheavals and has undergone considerable changes. Since new legal terms are constantly created, it is worthwhile to compare and contrast Lithuanian term formation tendencies with term formation traditions in other languages. Contrastive research not only reveals peculiarities of term formation in different languages, but allows researchers to see native terminology in a new light and assessing it more objectively. In this article, the Lithuanian constitutional law terms are compared with the English constitutional law terminology that has a long history dating back to the 13 century. The article analyses the sources and means of formation that have been used for the creation of Lithuanian and UK constitutional law terms and reveals important differences in legal term formation in these two languages. The authors expect that the findings of the research will provide useful information to the developers of Lithuanian legal terminology, as well as to the users of Lithuanian and English legal terms.


Introduction
Relevance of the issue.In contemporary communication, legal language plays a vital role.National and international interaction is directly influenced by legal norms that form 'the rules of the game ' Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.lt

Theoretical principles of the analysis
Terminology formation is an interdisciplinary activity that requires awareness of a certain area of knowledge (branch of science), logic and linguistics.Every term must be scientifically motivated and meet logical and linguistic requirements (Akelaitis et al. 2009: 37-38;cf. Gaivenis 2002: 19;Jakaitienė 2009: 181).Thus, terminology formation is based on the following factors: 1) subject-related/scientific (terms name concepts of a certain area of knowledge) 2) logical (terms name concepts that constitute a certain conceptual system based on logical relations) 3) lexical (terms are words belonging to vocabulary of a certain language).These factors determine the requirements for formation of a new term.The subject-related factors require the term to express the given concept as accurately as possible, the logical factors -to take a logical place in the whole system of terms of the same area of knowledge, the lexical factors -to be monosemous, to have no synonyms, to be stylistically neutral, linguistically correct and convenient to use (Akelaitis et al. 2009: 44;cf. Keinys 1980: 27-58;Gaivenis 2002: 36-49;Celiešienė and Džežulskienė 2009: 47-52;Jakaitienė 2009: 186-191).All of the factors have to be considered when new terminology is created and sources and formation means thereof are chosen.
In the research, presented in the article, the terms are classified according to their sources in the following way: In the given classification, internal sources include vocabulary of various types of a native language: a general native language used by all its speakers (its standard variety and regional dialects), as well as special native languages used by specialists of certain areas.The main means of forming terms on the basis of internal sources are terminologisation of ready-made words and formation of new words.
Terminologisation is transformation of a general language word into a term defining a concept in a special language (Valentonis and Mantzari 2006:7;Karsch 2010;Bidnenko 2013:206).By terminologisation a general language word may get a wider meaning, a narrower/more specific meaning, a figurative meaning or a new meaning.The general requirement for all terminologisation procedures is to form a term that has only one meaning even if it is formed from a polysemous general language word (Akelaitis et al. 2009: 57-58).New terms may be also formed by transforming a term from a terminology system of one special language into a terminology system of another special language.This type of process is called trans-terminologisation or transdisciplinary borrowing (Valentonis and Mantzari 2006: 7;Bidnenko 2013: 206).
Term formation using native vocabulary and various word-formation means is widespread in different languages.New terms are formed using derivation, compounding, conversion or other word-formation means existing in the language.The choice of means of formation in different languages depends on the language structure and term formation traditions.
External sources include vocabularies of foreign special languages.The main means of forming terms on the basis of vocabularies of foreign special languages is the borrowing of terminology.
There are two ways of borrowing a foreign term: borrowing an external form of a term and its meaning and borrowing an external form of a term and giving it a new meaning.The directions and extent of borrowing depend on the history of the state and its contacts with other nations and the prevailing terminology formation standards in the world.In most languages, the major part of the borrowed terms is constituted by international words of Latin and Greek origin (Cabre 1999: 88-89).Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.lt Hybrids are formed using a combination of internal and external sources (morphemes of native and foreign origin) and take an intermediary position in the given classification.Most often they are formed using a foreign base and a native affix.The reverse pattern (a native base and a foreign affix) is also used, but not so often.Hybrids may also be compounds formed using a native root and a foreign root (Celiešienė and Džežulskienė 2009: 67;78;Jakaitienė 2009: 211, 255-256;Umbrasas 2010: 132).
The given research does not encompass analysis of loan translation/calquing (literal translation of the semantic components of a given term into their equivalents in the borrowing language) as it is often difficult to determine whether the analysed term is a loan translation/calque, especially if it conforms to the grammatical norms of the language and is formed on the basis of a productive model of word-formation.Similarity of the structure of a word in several languages does not necessarily indicate an instance of calque.Most often such terms are perceived as native formations (Umbrasas 2010: 134).Thus in this research, instances of loan translation were not addressed.

Analysis of the sources and means of formation of English and Lithuanian constitutional law one-word terminology
The terminology of Latin and French has had a significant impact on the development of English legal terminology.The predominant language used in the courts of England in the Middle Ages was French, while legal documents were drawn up in Latin and French.One of the factors that determined the use of these languages in law, in favour of English, presumably was "the urge to have a secret language and to preserve a professional monopoly" and thus to set it apart from the rest of the society (Maley 1994: 12).It was not earlier than the end of the 15th century that statutes began to be published in English.However, it was not until the 17th century that English became the official language of law and gradually the domination of legal French and legal Latin came to an end (Beveridge 1998: 124;Maley 1994: 12).The contacts with Latin and French have strongly influenced the formation of English legal terminology and its characteristic features.
Legal Lithuanian language started to develop only at the beginning of the 20 th century.Heretofore legal documents in Lithuania were drafted in Latin or Slavic languages.Only after the restoration of independence in 1918, the Lithuanian legal terminology started to be formed and used in state governance and other areas of public life (Umbrasas 2010: 16).Although Slavic languages had a Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.lt considerable impact on Lithuanian legal language at the beginning of its development, borrowings from Slavic languages were gradually replaced by Lithuanian equivalents and international words of Latin and Greek origin, which were adapted to the grammatical structure of Lithuanian.
The ratio of constitutional one-word terms that come from internal, external and a combination of internal and external sources in English and Lithuanian is presented in Chart 1.
The bulk of the analysed terms in English come from external sources as ready-made terms (85%), whereas the number of terms that come from internal sources is significantly smaller (12%).A relatively small number of the analysed terms in English are hybrids (3%).
On the contrary, in Lithuanian the largest number of terms comes from internal (76%) rather than external (22%) sources.The number of hybrids in Lithuanian is also relatively small (2%).
Chart 1. Sources of constitutional one-word terms in English and Lithuanian.

Terms formed using internal sources
This group of terms consists of words of native origin that are either simple in structure or formed by different means of word-formation where all components (the root and affixes) are of native origin (see Chart 2).

3.1.1.
In English this group makes up 11% of all analysed terms and consists of simple words of native origin (6%) and terms formed by means of derivation and compounding (5%).Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.ltThis category includes only words of Anglo-Saxon origin that were formed in the Old English period.It is relatively small and constitutes 6% of all analysed terms, which is 56% of the terms of native English origin : body, belief, bench, borough, draft, earl, house, king, knight, land, leave, life, Lord, loss, oath, queen, right, sheriff, thing, town, work, writ.
The  amendment, appeal, arrest, assent, authority, bail, bailiff, bill, case, certificate, charge, consent, constable, court, crime, crown, damage, declaration, duchess, duke, election, enforcement, execution, executor, extradition, felony, forfeiture, government, grant, grievance, heir, hereditament, imprisonment, incapacity, judgement, justice, legislation, liberty, majesty, minister, officer, party, pardon, parliament, prerogative, race, reign, rule, session, statute, subject, succession, successor, Templar, title, tranquillity, treason, unity.Due to the fact that relations between Latin and French were very close, it is sometimes difficult to identify the origin of the word.Thus there is a smaller subgroup of terms that were borrowed from Latin either directly or from French.Dictionaries explicitly discuss such cases and specify that the word was borrowed either from Latin or French, e.g.accusation, act, administrator, applicant, convention, doctrine, function, injunction, jurisdiction, nation, obligation, offence, penalty, petition, ratification, rejection, remedy, representation, resolution, seat, servitude, tax, tribunal, validity, violation, etc.
Another relatively small subgroup of terms was borrowed from Latin directly, e.g.commission, conviction, coronation, custody, discrimination, judiciary, minor, omission, pre-eminence, recess, respondent, security, sex, status, territory, vacancy, victim.To sum up, the terms in all three abovementioned subgroups ultimately derive from Latin, regardless of the way they got into English.
Yet another minor source of terms of Italic origin is Anglo-French and Old French, e.g.allegiance, award, trial, or Old North French, e.g.guarantee, war, warrant.

2) Borrowings of Greek origin
None of the borrowings of Greek origin came into English directly.They came to English through Latin, Late Latin, Medieval Latin and/or Old/Middle French: abbot, archbishop, bishop, police, scheme, throne.This group of terms constitutes only 2% of all analysed terms and within the group.
3) Borrowings of other Germanic origin Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.ltSome terms were borrowed into English from Scandinavian sources such as Old Norse, and Middle Low German or Middle Dutch: birth, bond, byelaw, gift, law, poll, seat.This group is also comparatively small and constitutes only 2% of all analysed terms and within the group.

Terms borrowed into Lithuanian
The borrowed terms in Lithuanian comprise 22% of the analysed terms.Almost all of them are international terms, except for one old borrowing from Polish (2% within the group of borrowings or 0.4% of all terms), i.e.Seimas 'parliament' (Fraenkel 1962-65: 755).As seen from the analysis, in some cases it is rather problematic to establish the source of international terms in Lithuanian.It can be said that many international terms came into Lithuanian from Latin and Greek through Western European languages (such as French, German, English, Italian).
Chart 3. Terms formed by external sources in English and Lithuanian

Terms formed using a combination of internal and external sources (hybrids)
Hybrids are words formed by means of combining bases and affixes of different origins.In English this group of terms consists of two types of hybrids: terms formed by a combination of either a native base and a foreign affix, or a foreign base and a native affix.However, in Lithuanian the analysed hybrids are of only one type, i.e. they are formed by combining a foreign base and a native affix.

Hybrids in English
In English terms consisting of foreign and native morphemes constitute 4%.They are formed by o membership (a base of Latin origin member + a native suffix -ship); • prefixation: o by-election (a native prefix by-+ a base of Latin origin election).

Hybrids in Lithuanian
In Lithuanian terms consisting of foreign and native morphemes constitute only 2%, most of which were formed using affixes of Latin or French origin.All analysed hybrids were formed by combining a base of foreign origin + a native affix: • suffixation: o suveren-um-as ← Lith.suverenus (<a base of French origin souverain) + Lith.suffixum(-as), etc.

Conclusions
1.The majority of one-word terms of constitutional law in English come from external sources (85%); meanwhile terms formed on the basis of internal sources make only 11%.In Lithuanian, on the contrary, terms formed on internal sources (76%) prevail over the external sources (2%).
Hybrids formed by means of combining of internal and external sources constitute a small part both in Lithuanian (2%) and English (4%).(1992).The results of the research lead to the following conclusions: 1) The majority of one-word terms of constitutional law in English come from external sources.In Lithuanian, on the contrary, terms formed on internal sources prevail over the external sources.
2) Terms formed on the basis of internal sources in English include a similar number of simple terms and formations (derivatives and compounds).In contrast, terms that come from internal sources in Lithuania are mainly formations made by means of affixation, inflexion, compounding and conversion.
3) The main source of borrowings of one-word terms of constitutional law in English is Italic languages, such as Latin and French.Terms of other origin, e.g.Greek, Old Norse, Middle Dutch, constitute a relatively small part of borrowed terms in English.In Lithuanian the majority of international terms are also of Italic (Latin) origin.Other minor sources include Greek and Polish.
4) Both languages have a small number of hybrids, terms formed by means of combining internal and external sources (mostly French and Latin).

•
New words formed by various word-formation means 2) Terms formed using external sources • Borrowed terms Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.lt 3) Terms formed by a combination of external and internal sources • Hybrids (words consisting of borrowed and native morphemes) means of borrowing morphemes from foreign languages or different periods of development of those languages, such as Old French, Middle French, Anglo-French, Old Norse, Vulgar Latin, Latin, Medieval Latin, Late Latin, Church Latin, Greek, and combining them with morphemes of Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.lt native English origin.Terms formed by this means were formed by either a combination of a native base and an affix of foreign origin, or a base of foreign origin and a native affix: a) a base of native origin + a foreign affix: • suffixation: o fulfilment (a base of native origin fulfil + a French suffix -ment), o settlement (a base of native origin settle + a French suffix -ment); b) a base of foreign origin + a native affix: • suffixation: o asserting (a base of Latin origin assert + a native suffix -ing), o lawfulness (a hybrid lawful, where law is of Old Norse origin, + a native suffixness),
that the term came from French Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.lt (organisation), which, in turn, was borrowed into French from Greek organizō.It is evident that the form of the term was changed significantly in the intermediary language; apparently the suffixation was added to the word in French.Still it is considered of Greek origin.
The majority of international terms in Lithuania are of Italic origin (83% within the group of borrowings or 19% of all terms).Most of them might have come into Lithuanian directly from Latin: aktas 'act', asociacija 'association', cenzūra 'censure', dekretas 'decree', deputatas 'deputy', diskriminacija 'discrimination', funkcija 'function', institucija 'institution', integracija 'integration', interpeliacija 'interpellation', kandidatas 'candidate', kompetencija 'competence', konstitucija 'constitution', kultūra 'culture', mandatas 'mandate', ministerija 'ministry', ministras 'minister', plebiscitas 'plebiscite', pozicija 'position', prezidentas 'president', privilegija 'privilege', referendumas 'referendum', rekomendacija 'recommendation', religija 'religion', respublika 'republic', rezidencija 'residence', rezoliucija 'resolution', sesija 'session', statusas 'status', statutas 'statute', teritorija 'territory'.Some terms of Latin origin came into Lithuanian not directly, but through intermediary languages, e.g.interesas 'interest' was borrowed through German, kadencija 'term of office' was borrowed through Italian.Some terms were borrowed through French, e.g.finansai 'finances', mobilizacija 'mobilisation', prokuroras 'procureur'.Finally, some words are of French origin, that came into Lithuanian either directly, e.g.rasė 'race', suverenitetas 'sovereignty', or through intermediary languages, e.g. the term biudžetas 'budget' was borrowed into Lithuanian from English (budget), which in its turn was borrowed into English from French (bougette) (TŽŽ 2013).amnestija 'amnesty', autonomija 'autonomy', demokratija 'democracy', kanonas 'canon', kritika critics', organizacija 'organisation', policija 'police', programa 'programme'.The term policija 'police' came into Lithuanian through German.The term organizacija 'organisation' came through French with certain modifications.TŽŽ (2013) data states Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.lt 2. Terms formed on the basis of internal sources in English include a similar number of simple terms of native origin and formations (derivatives and compounds) made of morphemes of native origin.In contrast, terms that come from internal sources in Lithuanian are mainly formations made by means of affixation, inflexion, compounding and conversion.3.The main source of borrowings of one-word terms of constitutional law in English is Italic languages, such as Latin and French.Most terms were borrowed from Latin either directly or through other languages (French).Terms of other origin, e.g.Greek, Old Norse, Middle Dutch, constitute a relatively small part of borrowed terms in English.In Lithuanian the majority of international terms are also of Italic (Latin) origin.Other minor sources include Greek and Polish.Some terms came into Lithuanian from Latin, French or Greek indirectly through intermediary languages, such as French, German, English and Italian.4. Both languages have a small number of hybrids, terms formed by means of combining internal and external sources.In English foreign affixes (prefixes and suffixes) are combined with native bases and vice versa.The majority of borrowed morphemes in English are of French or Latin origin.In Lithuanian a native suffix is combined with a base of origin foreign, namely French or Latin.Mockienė, L. and S. Rackevičienė.Sources of one-word terms used in UK and Lithuanian constitutional law acts.Taikomoji kalbotyra 2015 (7), www.taikomojikalbotyra.lt changes.Since new legal terms are constantly created, it is worthwhile to compare and contrast the Lithuanian term formation tendencies with the term formation traditions in other languages.Contrastive research not only reveals peculiarities of term formation in different languages, but allows researchers to see the native terminology in a new light and assessing it more objectively.In this article, the Lithuanian constitutional law terms are compared with English constitutional law terminology that has a long history dating back to the 13 th century.The terms were collected from the major UK legal acts of constitutional nature translated into Modern English, namely Magna Carta (1297), Habeas Corpus Act (1679), the Bill of Rights (1689) and the Act of Settlement (1700), including the amendments as in force today, and the original text of the Human Rights Act (1998) and the Constitution of the Republic of Lithuania