Language and Law

Language and Law
Author: Silvia Marino
Publisher: Springer
Total Pages: 372
Release: 2018-10-30
Genre: Law
ISBN: 3319909053

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".

EU Language Law

EU Language Law
Author: Stefaan Van der Jeught
Publisher:
Total Pages: 0
Release: 2015
Genre: European Union countries
ISBN: 9789089521729

EU Language Law gives a comprehensive account of all language regulations and arrangements which currently exist in EU law. First and foremost, the book covers the various explicit and implicit language regimes of EU institutions, bodies, and agencies, explaining how and why they came about. It explores numerous other EU language provisions in the area of freedom, security, and justice, relating to quite diverse topics, such as road traffic offenses, recognition of national court decisions, the European Arrest Warrant, and crime victims. It also discusses EU linguistic provisions in the internal market regarding product labeling or the language proficiency assessment of professionals, such as medical doctors or lawyers seeking to provide services in other EU Member States. Many other issues, such as language testing for newcomers in society and language proficiency requirements for employment, are investigated. The book highlights an often neglected yet tremendously important aspect of EU integration: the language issue. *** Librarians: ebook available on ProQuest and EBSCO [Subject: European Law]

Legal Integration and Language Diversity

Legal Integration and Language Diversity
Author: C. J. W. Baaij
Publisher: Oxford University Press
Total Pages: 313
Release: 2018
Genre: Language Arts & Disciplines
ISBN: 0190680784

How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, for the purpose of reducing national regulatory differences between Member States. However, in its commitment to the diversity of European languages, its legislative institutions enact legislative instruments in 24 languages. Language Diversity and Legal Integration assesses these seemingly incompatible policy objectives and contemporary translation practices in the EU legislative procedure, and proposes an alternative, source-oriented approach that better serves EU policy objectives. Contrary to the orthodox view in academic literature and to the current policies of the EU, this book suggests that the English language version should serve as the original and only authentic legislative text. Translation into the other language versions should furthermore avoid prioritizing clarity and fluency over syntactic correspondence and employ neologisms for distinctly EU legal concepts. Ultimately, Baaij provides practical solutions to the conflict between the equality of all language versions, and the need for uniform interpretation and application of EU law.

Comparative Law - Engaging Translation

Comparative Law - Engaging Translation
Author: Simone Glanert
Publisher: Routledge
Total Pages: 226
Release: 2014-06-27
Genre: Language Arts & Disciplines
ISBN: 1135047464

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.

The Translation of European Union Legislation

The Translation of European Union Legislation
Author: Francesca Seracini
Publisher: LED Edizioni Universitarie
Total Pages: 166
Release: 2020-08-25T00:00:00+02:00
Genre: Language Arts & Disciplines
ISBN: 8855130153

This volume is a study into the norms that come into play in the translation of European Union legislation. With a focus on expressions of modality, the study adopts a corpus-based Descriptive Translation Studies approach to analyse the translation strategies used in a bilingual English/Italian parallel corpus of European Union legislation and identify the most frequent translational patterns. The book outlines the principles at the basis of the multilingual policy at the European Union and provides a detailed outline of the context in which the drafting and translation processes take place as a key to understanding the translational choices. The impact of sometimes contrasting factors such as the conventions of legal drafting at the European Union and those within the target culture, the principle of equal authenticity and the attention to the quality and readability of legislative texts is revealed in the analysis. Evidence in support of the theories concerning translation universals is also found and their implications for EU legal translation are discussed. The results lead to the formulation of several hypotheses as regards the norms governing the translation of EU legislative texts. The book also reflects on the impact that the translational choices have on the development of European Union legal language as an independent variety. This volume will be of interest to researchers and students in the fields of Legal Translation Studies and Linguistics, as well as practising translators.

Language and Legal Interpretation in International Law

Language and Legal Interpretation in International Law
Author: Anne Lise Kjaer
Publisher: Oxford University Press
Total Pages: 361
Release: 2022-03-08
Genre: Law
ISBN: 0190855223

International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process. Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjær and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition--in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations--cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.

Language and Culture in EU Law

Language and Culture in EU Law
Author: Susan Šarčević
Publisher: Routledge
Total Pages: 271
Release: 2016-03-09
Genre: Political Science
ISBN: 1317108019

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.

The Status of the Translation Profession in the European Union

The Status of the Translation Profession in the European Union
Author: Anthony Pym
Publisher: Anthem Press
Total Pages: 190
Release: 2014-12-01
Genre: Language Arts & Disciplines
ISBN: 1783083476

Based on thorough and extensive research, this book examines in detail traditional status signals in the translation profession. It provides case studies of eight European and non-European countries, with further chapters on sociological and economic modelling, and goes on to identify a number of policy options and make recommendations on rectifying problem areas.

The Oxford Handbook of Language and Law

The Oxford Handbook of Language and Law
Author: Peter Meijes Tiersma
Publisher: Oxford University Press
Total Pages: 665
Release: 2012-03-08
Genre: Language Arts & Disciplines
ISBN: 0199572127

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.

The Ashgate Handbook of Legal Translation

The Ashgate Handbook of Legal Translation
Author: Le Cheng
Publisher: Routledge
Total Pages: 350
Release: 2016-04-01
Genre: Law
ISBN: 1317044231

This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.