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This Research Handbook offers a comprehensive study of jurilinguistics that not only presents the latest international research findings among academics and practitioners, but also provides a new approach to the phenomena and nature of communicative flexibility, legal genres, vulnerability of interlingual legal communication, and the cultural landscape of legal translation.
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.
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 24 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. However, 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.
This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.
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.
This volume focuses on specialist translation - one of the areas of translation in greatest demand in our age of globalization. The 16 chapters deal not only with the classical domains of science and technology, law, socio-politics and medicine but also with lesser researched areas such as archeology, geography, nutrigenomics and others. As a whole, the book achieves a blend of theory and practice. It addresses a variety of issues such as translation strategy based on text type and purpose, intercultural transfer and quality assessment, as well as textual and terminological issues in bilingual and multilingual settings, including international organizations and the European Union. Today translation competence presupposes multidisciplinary skills. Whereas some chapters analyze the linguistic features of special-purpose texts and their function in specialized communication, others show how specialized translation has changed as a result of globalization and how advances in technology have altered terminology research and translation processing.
In the era of information technology, the need to communicate data effetively and precisely has given a boost to research in terminology. This collection of 14 articles by experts from different backgrounds deals with linguistic problems and technical aspects of terminology; in addition, there are articles relating to terminology in specific subject fields – lexicography, physical sciences, chemistry, social sciences and medicine.By presenting various approaches and applications, the volume raises fundamental questions about the use of concepts and the ordering of knowledge. Moreover, important new insights into the principles and methods employed in terminology management are offered by the ways in which contributors have tackled problems of communication in their specific subject fields.
This volume explores new interfaces between linguistics and jurisprudence. Its theoretical and methodological importance lies in showing that many questions asked within the field of language and law receive satisfactory answers from formal linguistics. The book starts with a paper by the two editors in which they explain why the volume - as a whole and with its individual papers - is an innovation in the field of language and law. In addition, an overview about the most important research projects on language and law is given. The first chapter of the book is on understanding the law. Jurists and laypersons always ask for the precise meaning of a certain piece of the law. In linguistics, the discipline investigating 'meaning' is semantics; thus, it is to be expected that semantics can contribute to a correct understanding of the law. Chapter 1 also investigates the alleged incomprehensibility of legal language with the help of psycholinguistics. Chapter 2 is on identifying the criminal. To find the author of a blackmailer's letter, text/ corpus linguistics is instrumental. If the blackmailer uses the telephone instead of the letter, speaker identification and phonetics are necessary. The BKA stores all blackmailing letters in a database, but databases are only one possibility of organizing legal systems; another possibility is the application of tools from computational linguistics and artificial intelligence. These tools can be useful to handle terminology, to retrieve information, or to model legal theorizing in a formal system. Chapter 3 demonstrates a variety of examples of organizing legal systems. The topic of chapter 4 is multilingualism and the law. The European legislation is a product of legal and linguistic diversity, as the member states do not only differ in languages but also in their legal systems. One paper shows how Switzerland handles its multilingualism in legal drafting. The input of translation studies is of course vital in this field of research. An index for both subjects and persons complements the volume.
This volume brings together work by both well-known scholars and emerging researchers in the various areas of Language for Specific Purposes (LSP), such as political, legal, medical, and business discourse. The volume is divided into three parts in order to align rather than separate three different but related aspects of LSP: namely, translation, linguistic research, and domain specific communication on the web. Underlying all the contributions here is the growing awareness of the ever-increasing multiformity of specialised communication and the ever-wider social implications of the communicative situations in which it is embedded, especially where it involves the need to move across languages, cultures and modes, as in translation and interpreting. The contributions consistently bear witness to the need to review received notions, pose new questions, and explore fresh perspectives. The picture that emerges is one of extreme complexity, in which researchers into specifically linguistic aspects of LSPs and their translation across languages and media declare their awareness of the pressing need to come to terms with a wide range of social, pragmatic, intercultural and political factors, above and beyond socio-technical knowledge of the domains under investigation.