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Law, Language and the Multilingual State by Claudine Brohy,Theo du Plessis,Joseph-G. Turi,José Woehrling Pdf
The theme of the conference, “Language, Law and the Multilingual State”, was determined to investigate the state-juridical challenges facing multilingual societies. Several related issues were addressed, such as minority and indigenous languages, globalisation and diversity, language rights, language ideology and language legislation.
Law, Language and the Multilingual State by Claudine Brohy,Theodorus du Plessis Pdf
Law, Language and the Multilingual State includes 16 papers that were presented at the Twelfth International Conference of the International Academy for Linguistic Law, co-presented with the Department of Language Management and Language Practice (University of the Free State), that took place November 2010 at Thaba ?Nchu, South Africa. The conference also highlighted a colloquium, Language legislation and litigation, that focused specifically on the South African context. This book is a collection of writings by experts in the multilingual field and emphasises challenges that societies face. Issues such as the drafting and implementation of legislation, the degree and forms of state intervention and the functioning of support structures are addressed. Related issues such as globalisation and diversity, language rights, ideology and legislation, as well as minority and indigenous languages are also discussed. A truly multilingual state requires linguistic equality and language rights. This book contributes to the promotion and protection of linguistic diversity.
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.
Language Rights and the Law in the United States by Sandra Del Valle Pdf
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.
Multilingualism and the Harmonisation of European Law by Barbara Pozzo,Valentina Jacometti Pdf
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.
Law and Language in the European Union by Richard L. Creech Pdf
The European Economic Community, founded in 1957, consisted of six Member States with a combined total of four official languages. By 2004, this organization had evolved into a European Union of twenty-five Member States with more than twenty official languages among them. This increase has presented numerous challenges to the EU's internal linguistic regime, where formal policy has been, with some notable exceptions, to treat all of these languages equally. Some of these languages - English in particular - have been more equal than others. Languages that lack nation-wide official status in any Member State - such as Catalan and Welsh - have been overtly denied equal treatment. Furthermore, the multilingual nature of the EU has had significant implications for any Member State that wishes to regulate the use of language within its territory, as such regulation can interfere with the rights accorded to citizens of other Member States to participate in free commercial movement throughout the Union. Law and Language in the European Union - now in paperback - examines how, in the linguistic realm, the EU has responded to the tensions that lie behind this paradoxical motto.
Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders by Janny H.C. Leung Pdf
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.
Legal Linguistics Beyond Borders: Language and Law in a World of Media, Globalisation and Social Conflicts by Friedemann Vogel Pdf
The world of law has changed in the last decades: it has become more globalized, multilingual and digital. The sections and contributions of this volume continue the interdisciplinary discussion about the challenges of this change for theory and practice of law and for the International Language and Law Association (ILLA) relaunched in 2017. First, the book gives a broad overview to the research field of legal linguistics, its history, research directions and open questions in different parts of the world (United States, Africa, Italy, Spain, Germany, Nordic countries and Russia). The second section consists of contributions about the relation of language, law and justice in a globalized world with a focus on multilingual and supranational law in the EU. The third section focuses on digitalization and mediatization of the law, the last section reports about the discussion at the ILLA relaunch conference in 2017.
Legal Certainty in Multilingual EU Law by Elina Paunio Pdf
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.
Language and Law by Silvia Marino,Łucja Biel,Martina Bajčić,Vilelmini Sosoni Pdf
The book provides an overview of EU competition law with a focus on the main developments in Italy, Spain, Greece, Poland and Croatia and offers an in-depth analysis of the role of language, translation and multilingualism in its implementation and interpretation. The first part of the book focuses on the main developments in EU competition law in action, which includes legislation, case law and praxis. This part can be divided into two subparts: the private enforcement of EU competition law, and the cooperation among enforcers, i.e. the EU Commission, the national competition authorities and the national courts. Language is of paramount importance in the enforcement of EU competition law, and as such, the second part highlights legal linguistic skills, showcasing the advantages and the challenges of multilingualism, especially in the context of the predominant use of English as the EU drafting and vehicular language. The volume brings together contributions prepared and presented as part of the EU-funded research project “Training Action for Legal Practitioners: Linguistic Skills and Translation in EU Competition Law".
Bilingual Higher Education in the Legal Context by Xabier Arzoz Pdf
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.
The Oxford Handbook of Language and Law by Peter Meijes Tiersma,Lawrence Solan Pdf
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 languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent 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.
Language Legislation and Linguistic Rights by Douglas A. Kibbee Pdf
The contributions to this volume cover a broad range of issues in language policy that are hotly debated in every corner of the globe. The articles included investigate the implications of language policies on the notion of language rights as the issues are played out in very specific circumstances — from the courtroom in Australia to the legislature in California to the educational system in England to the administrative practices of the European Commission. The authors explore conflicts between basic conceptions of fairness in justice, administration and education on the one hand, and political and economic realities on the other. Articles focus on langage issues in the United States, Canada, Brazil, England, France, Slovakia, Russia, Sri Lanka, Australia and several African states. Other articles consider the implications of new supernational agreements — the European Union, NAFTA, GATT, the OAU — on language issues in the signatory states. In sum the volume offers an extensive presentation of current issues and practices in language policy and linguistic human rights.
Multilingualism in International Law and Institutions by Mala Tabory Pdf
NAFTA: Law & Business Review of the Americas provides a medium for understanding & implementing NAFTA. It emphasizes the legal aspects of NAFTA & doing business in the Americas. Coverage also includes the expansion & growth of NAFTA, & the overall impact (business, financial, economic, legal) upon the current three signatories & upon other interested countries in Latin America & elsewhere in the world. The journal is divided into three main sections: (I) Articles; (II) Implementation, covering the way that the United States, Canada, & Mexico are implementing NAFTA; & (III) Beyond NAFTA, which considers the developments occurring elsewhere in Latin & Central America, the Caribbean, & Europe. Topics of particular concern to this journal include free trade, direct investment, licensing, finance, taxation, litigation & dispute resolution, & organizational aspects of NAFTA. Besides the technical, legal pieces, the journal includes various policy oriented articles, economic pieces, & business strategy articles. NAFTA: Law & Business Review of the Americas achieves a unique balance in its coverage between practical & policy implications of NAFTA, covering both matters of immediate interest as well as those relating to reform of legal, business, economic, social, & political structures in the Western world. This approach makes it a valuable resource for both practitioners & academics in the field.
