Franklin

Comparative law--engaging translation / edited by Simone Glanert.

Publication:
Abingdon, Oxon ; New York : Routledge, 2014.
Format/Description:
Book
xi, 223 pages ; 24 cm
Subjects:
Law -- Language.
Comparative law.
Semantics (Law).
Summary:
"In an era marked by processes of economic and political integration that are arguably unprecedented in their range and impact, the translation of law has assumed a new significance. The following situations are typical. As the expression of a strong postcolonial commitment, various African states have decided to draft their legislation in more than one official language with a view to conferring equal authority upon colonial and traditional languages. Elsewhere, an influential group of European lawyers is seeking to develop a civil code for the European Union that potentially stands to be translated into 23 languages. Meanwhile, former political and military leaders are being prosecuted for genocide before the International Criminal Court, a body consisting of judges from many different legal backgrounds and operating according to a complex multilingual procedure. And, controversially, the US Supreme Court has relied upon foreign law in order to assess the constitutionality of a Texas statute criminalizing certain forms of sexual behaviour. Each of these instances raises the matter of law in translation, broadly understood. Can legal rules carry identical normative implications in more than one language? Can law achieve uniformity despite needing to be rendered in many languages? How do interpreting and translation affect adjudication in a multilingual courtroom? To what extent can a given legal text make sense in a different legal culture? These questions, among others, are addressed here within a comparative legal context in which, it is demonstrated, translation issues are a central feature of the contemporary legal landscape"-- Provided by publisher.
"In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 23 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. Yet, in today's globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses"-- Provided by publisher.
Contents:
Translation matters / Simone Glanert
Translation as ethics / Alexis Nouss
Who's in control? : translation, cost and the origins of speciation / Michael Cronin
Legal translation and the problem of heteroglossia / Kwai Hang Ng
Catching the spirit of the law : from translation to co-drafting / Jean-Claude Gémar
Comparative law and the (im)possibility of legal translation / Jennifer Hendry
Legal translation and the "contamination" of comparative legal research / C.J.W. (Jaap) Baaij
Translating civil law "objectivity" with an adversarial brain : an ethnographic perspective / Shawn Marie Boyne
The powerless translator : an argument from legal culturemes / Raluca Bercea
Translating religious principles into German law : boundaries and contradictions / Pascale Fournier and Régine Tremblay
Of friendless and stained men : grafting medieval sanctions onto modern democratic law / Luca Follis
Abuse of tax law as a language of morality in modern times : a comparative analysis of France, Canada and Ireland / Bénédicte Sage-Fuller and Ferdinand Prinz zur Lippe
Withholding translation / Pierre Legrand.
Notes:
Includes bibliographical references and index.
Contributor:
Glanert, Simone, 1973- author, editor of compilation.
ISBN:
9780415642705 (hardback)
0415642701 (hardback)
9780203380895 (ebk)
0203380894 (ebk)
OCLC:
865180062
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