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Language And The Law Multilingualism In The Legal System
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Book Synopsis Language and the Law - Multilingualism in the Legal System by : P. S. Publishing
Download or read book Language and the Law - Multilingualism in the Legal System written by P. S. Publishing and published by . This book was released on 2024-04-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the complexities of multilingualism in legal contexts and its impact on the justice system.
Book Synopsis Multilingual Law by : Colin D Robertson
Download or read book Multilingual Law written by Colin D Robertson and published by Routledge. This book was released on 2016-06-17 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of legal linguistics, legal translation and revision.
Book Synopsis Legal Certainty in Multilingual EU Law by : Elina Paunio
Download or read book Legal Certainty in Multilingual EU Law written by Elina Paunio and published by Routledge. This book was released on 2016-04-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.
Book Synopsis The Oxford Handbook of Language and Law by : Peter M. Tiersma
Download or read book The Oxford Handbook of Language and Law written by Peter M. Tiersma and published by OUP Oxford. This book was released on 2012-03-08 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal language, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopaedic in scope, the handbook includes chapters written by experts from every contentint who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.
Download or read book Language and Law written by Alan Durant and published by Routledge. This book was released on 2017-05-08 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language plays an essential role both in creating law and in governing its implementation. Providing an accessible and comprehensive introduction to this subject, Language and Law: describes the different registers and genres that make up spoken and written legal language and how they develop over time; analyses real-life examples drawn from court cases from different parts of the world, illustrating the varieties of English used in the courtroom by speakers occupying different roles; addresses the challenges presented to our notions of law and regulation by online communication; discusses the complex role of translation in bilingual and multilingual jurisdictions, including Hong Kong and Canada; and provides readings from key scholars in the discipline, including Lawrence Solan, Peter Goodrich, Marianne Constable, David Mellinkoff, and Chris Heffer. With a wide range of activities throughout, this accessible textbook is essential reading for anyone studying language and law or forensic linguistics. Sections A, B, and C of this book are freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781315436258
Book Synopsis Language Choice in Postcolonial Law by : Richard Powell
Download or read book Language Choice in Postcolonial Law written by Richard Powell and published by Springer Nature. This book was released on 2020-02-24 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses multilingual postcolonial common law, focusing on Malaysia’s efforts to shift the language of law from English to Malay, and weighing the pros and cons of planned language shift as a solution to language-based disadvantage before the law in jurisdictions where the majority of citizens lack proficiency in the traditional legal medium. Through analysis of legislation and policy documents, interviews with lawyers, law students and law lecturers, and observations of court proceedings and law lectures, the book reflects on what is entailed in changing the language of the law. It reviews the implications of societal bilingualism for postcolonial justice systems, and raises an important question for language planners to consider: if the language of the law is changed, what else about the law changes?
Book Synopsis Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders by : Janny Leung
Download or read book Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders written by Janny Leung and published by Oxford University Press. This book was released on 2019 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive account of official multilingualism and its legal ramifications. Janny H.C. Leung shows that while offering official status to multiple languages has become normalized, actual implementation and success vary. Despite often elaborate institutional adaptations, changes hardly ever challenge the status quo enjoyed by a dominant linguistic group. Leung argues that both "shallow equality" and "symbolic jurisprudence" are characteristics of official multilingualism driven by strategic pluralism.
Book Synopsis Interpreting Multilingual Laws by : Lawrence M. Solan
Download or read book Interpreting Multilingual Laws written by Lawrence M. Solan and published by . This book was released on 2016 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal systems are constantly faced with vague or ambiguous laws, and must determine which available meaning best reflects the understanding intended by the enacting legislature. In the U.S., these debates often involve conflict over method: Should the court look to legislative history, to canons of construction, to similar language used in other statutes? Often, different answers to these questions yield different outcomes. Multilingual legal systems, especially those in in which multiple language versions of the same law are equally authoritative, add an interpretive method: It is possible to compare different versions of the same law and draw inferences about intent thereby. EU laws are written in all 24 official languages, and all are deemed equally authoritative.This article compares the interpretation of multilingual laws, especially by the Court of Justice of the EU, with U.S. Supreme Court cases in which similar interpretive issues are at stake. It argues that the comparison of language versions serves to disambiguate the laws in many cases, leaving less room for courts to take advantage of linguistic accident to impose a reading that is loyal to at least one reading of the statute, but disloyal to the intention of the enacting legislature. Even when comparison of language versions does not yield a clear result, it informs legal interpreters that reliance on language is not adequate, and thus also serves to reduce excessive judicial reliance on indeterminate language.There are also drawbacks to multilingual interpretation. The most significant is lack of notice. A monolingual individual relying on the language of the law may find out later that she has disobeyed a law because a court adopts a version of the law in a language that she does not understand. This potential undermines the value of universal accessibility that multilingualism is designed to promote. Legal systems in multilingual domains must decide for themselves how to balance the benefits and costs. This article argues that the benefit of increased fidelity to the legislature outweighs the notice issue.
Book Synopsis The Oxford Handbook of Language and Law by : Peter M. Tiersma
Download or read book The Oxford Handbook of Language and Law written by Peter M. Tiersma and published by Oxford University Press. This book was released on 2012-03-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal language, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopaedic in scope, the handbook includes chapters written by experts from every contentint who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.
Book Synopsis Multilingualism and the Harmonisation of European Law by : Barbara Pozzo
Download or read book Multilingualism and the Harmonisation of European Law written by Barbara Pozzo and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: As European lawyers dealing with cross-border issues quickly learn, the terms contract, contrat, and contratto signify three very different legal concepts. This illustration highlights the importance of studying the relationships between language and law, particularly in the context of strong pressure from the European Community to harmonise the laws of the Member States a process which appears difficult, if not impossible, unless there is an understanding of the profound differences which exist between the various legal systems, and the development of a common European legal language from the 21 official languages now a feature of the European Union. This admirable collection of essays brings together the work of practitioners and scholars in three fields pertinent to this endeavour: representatives of Community institutions who are involved in drafting, translating, and interpreting multilingual texts; jurists and comparative lawyers from both civil law and common law systems; and researchers in linguistics and language issues. Among the many relevant matters they discuss are the following: terminologies of rights and remedies; the role of the European Court of Justice as interpreter; multilingualism in parliamentary practice; the role of the European Commissions legal revisers; and translation at the European Court of Justice. The essays were originally presented as papers at a conference held in Como in April 2005, organised by the Faculty of Law of the University of Insubria together with the Centro Interuniversitario di Ricerca in Diritto Comparato (Interuniversity Centre for Research in Comparative Law) set up by the Universities of Milan, Bologna and Insubria. This event took place in the context of a research project co-financed by the University of Insubria and the Italian Ministry of Education, University and Research. The particular objective of the conference was to make a comparison between the day-to-day working requirements within the Community institutions, each with its own particular needs, and the longer-term analysis which the academic world could bring to bear on the problems of the translatability of legal terms. As the first in-depth appraisal of this crucial matter, this book cannot fail to find interested readers among all the branches of European law, practitioners and scholars, local and international. It is sure to be a highly valuable resource for many years to come.
Book Synopsis Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders by : Janny H.C. Leung
Download or read book Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders written by Janny H.C. Leung and published by Oxford University Press. This book was released on 2019-01-28 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: What challenges face jurisdictions that attempt to conduct law in two or more languages? How does choosing a legal language affect the way in which justice is delivered? Answers to these questions are vital for the 75 officially bilingual and multilingual states of the world, as well as for other states contemplating a move towards multilingualism. Arguably such questions have implications for all countries in a world characterized by the pressures of globalization, economic integration, population mobility, decolonization, and linguistic re-colonization. For lawyers, addressing such challenges is made essential by the increased frequency and scale of transnational legal dealings and proceedings, as well as by the lengthening reach of international law. But it is not only policy makers, legislators, and other legal practitioners who must think about such questions. The relationship between societal multilingualism and law also raises questions for the burgeoning field of language and law, which posits--among other tenets--the centrality of language in legal processes. In this book, Janny H.C. Leung examines key aspects of legal multilingualism. Drawing extensively on case studies, she describes the implications of the legal, practical, and ideological dilemmas encountered in a given country when it becomes bilingual or multilingual, discussing such issues as: how legal certainty and the linguistic ideology of authenticity may be challenged in a multilingual jurisdiction; how courts balance the language preferences of different courtroom participants; and what historical, socio-political and economic factors may influence the decision to cement a given language as a jurisdiction's official language. Throughout, Leung elaborates a theory of "symbolic jurisprudence" to explore common dilemmas found across countries, despite their varied political and cultural settings, and argues that linguistic equality as proclaimed and practiced today is a shallow kind of equality. Although officially multilingual jurisdictions appear to be more inclusive than their monolingual counterparts, they run the risk of disguising substantive inequalities and displacing real efforts for more progressive social change. This is the first book to offer overarching discussion of how such issues relate to each other, and the first systematic study of legal multilingualism as a global phenomenon.
Book Synopsis Language Rights and the Law in the United States by : Sandra Del Valle
Download or read book Language Rights and the Law in the United States written by Sandra Del Valle and published by Multilingual Matters. This book was released on 2003-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive review of the legal status of minority languages in the USA. It also provides the historical and political context for the legal manoeuvring that culminated in landmark civil rights victories. All of the major cases in the USA concerning language rights are discussed in detail and in a manner that should be easily accessible to the non-legal audience. The topics range from the English-only movement to consumer law, and from employment discrimination to international law.
Book Synopsis Language and Legal Interpretation in International Law by : Anne Lise Kjaer
Download or read book Language and Legal Interpretation in International Law written by Anne Lise Kjaer and published by Oxford University Press. This book was released on 2022 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.
Book Synopsis Language and Culture in EU Law by : Susan Šarčević
Download or read book Language and Culture in EU Law written by Susan Šarčević and published by Routledge. This book was released on 2016-03-09 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.
Book Synopsis Bilingual Higher Education in the Legal Context by : Xabier Arzoz
Download or read book Bilingual Higher Education in the Legal Context written by Xabier Arzoz and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to complex questions of building and developing legal education in more than one language, through two state languages (French and Dutch in Belgium, German and French in Switzerland, English and French in Canada, Finnish and Swedish in Finland) and/or through the medium of minority or lesser used languages (Basque, Galician, Catalan, Welsh, Romanian). Some states have a long and well-established tradition of bilingual legal education; others have only recently started to develop a legal education system through non-dominant languages; finally, in some other cases only partial bilingual legal education obtains, rather than a fuller model. The volume purports to examine best practices and to draw useful lessons from the experiences of other bilingual societies.
Book Synopsis Language, Culture and the Law by : Vijay Kumar Bhatia
Download or read book Language, Culture and the Law written by Vijay Kumar Bhatia and published by Peter Lang. This book was released on 2008 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language and legal culture has had to adjust to legal concepts very different from those of the English law system. Many of the papers were inspired by two major projects on legal language and inter-multiculturality: Generic Integrity in Legislative Discourse in Multilingual and Multicultural Contexts based in Hong Kong and carried out by an international team and Interculturality in Domain-specific English, a national project supported by the Italian Ministry for Education and Research, involving research units from five Italian universities
Book Synopsis Meaning and Power in the Language of Law by : Janny H. C. Leung
Download or read book Meaning and Power in the Language of Law written by Janny H. C. Leung and published by Cambridge University Press. This book was released on 2018-01-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new perspective on how far law's power derives from socially situated communication rather than from abstract rules.
