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"Canadian lawyers, legal academics and particularly judges face a constant challenge when interpreting bilingual federal or, in some cases, provincial legislation. While statutes are drafted in a manner that aspires to have both versions mirror one another, in practice, dual versions are often open for different interpretations, a situation that can prove extremely problematic."--pub. desc.
One of the first attempts to present a comprehensive study of legal translation, this book is an interdisciplinary study in law and translation theory. It is not bound to any specific languages or legal systems, although emphasis is placed on translation between common law and civil law jurisdictions. The main focus is on the translation of texts which are authoritative sources of the law; examples are cited primarily from statutes, codes and constitutions (Canada, Switzerland and Belgium), as well as instruments of the European Union and international treaties and conventions. Dealing with theoretical as well as practical aspects of the subject matter, the author analyses legal translation as an act of communication in the mechanism of the law, thus making it necessary to redefine the goal of legal translation. This book is intended for both lawyers and linguists, translation theorists, legal translators and drafters, legal lexicographers, as well as teachers and students of translation.
According to Canadian poet Frank Oliver Call, the soul of Canada is a dual personality, and must remain only half revealed to those who know only one language . With each of Canada's official languages comes indeed a mindset, a culture, a legacy. In addition to quebecois bijuralism, the federal/provincial division of powers, Nunavut's unique Aboriginal legal order and the influence of the United States, language, a too-often overlooked element, plays an essential role in shaping Canadian law. In a globalized world where cultures meet and legal systems blend, virtually all regional and global institutions created since the twentieth century have been faced with the challenge of producing multilingual rules acceptable and workable for all their members. Despite its flaws and paradoxes, the Canadian legal system is a fascinating example of legislating and administering justice in a truly multicultural society.
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.