Legal Integration and Language Diversity

Legal Integration and Language Diversity
Author: C.J.W. Baaij
Publisher: Oxford University Press
Total Pages: 313
Release: 2018-02-01
Genre: Law
ISBN: 0190680792

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.

Legal Integration and Language Diversity

Legal Integration and Language Diversity
Author: C.J.W. Baaij
Publisher: Oxford University Press
Total Pages: 267
Release: 2018-02-01
Genre: Law
ISBN: 0190680806

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.

Diversity and Tolerance in Socio-Legal Contexts

Diversity and Tolerance in Socio-Legal Contexts
Author: Vijay K. Bhatia
Publisher: Routledge
Total Pages: 407
Release: 2016-05-23
Genre: Law
ISBN: 131714922X

Why is there so much resistance to recent issues of tolerance and diversity? Despite efforts of the international community to encourage open-mindedness, recent attempts at international, political and economic integration have shown that religious, cultural and ethnic tolerance and diversity remain under threat. The contributions in the volume reflect the growing importance of these issues and why resistance is so widespread. Part I addresses the relationship between the language of law and its power, whilst Part II explores the interplay of tolerance and diversity under visual, legislative and interpretative perspectives. This collection as a whole offers a combination of varied perspectives on the analysis, application and exploitation of laws and will be a valuable source of information for those interested in the general area of language and the law.

Language Rights and Community Law

Language Rights and Community Law
Author: Iñigo Urrutia
Publisher:
Total Pages: 20
Release: 2008
Genre:
ISBN:

The territory of the European Union is made up of a rich and wide-ranging universe of languages, which is not only circumscribed to the "state languages". The existence of multilingualism is one of Europe's defining characteristic and it should remain so in the constantly evolving model of Europe's political structure. Linguistic rights have been dealt with under Community law through various viewpoints. The linguistic regime of the European Union is essentially of a legal nature. As a consequence of the legal regime of the languages there is a graduation between them. The building of political and economic Europe based on the "state language" concept affects the European linguistic diversity itself. Nevertheless, the express legal recognition to the European linguistic diversity takes place in a new context: the context of the opening of the European Union to fundamental rights. The respect for the linguistic diversity is shaped as an aim of the Union, identifying a sphere of action. A sphere of action that has to materialise itself with specific measures. We will see if there is enough legal basis to say that linguistic rights do form part of the general principles of law. If linguistic rights are considered as general principles under Community law, when do they have to apply?

Linguistic Diversity

Linguistic Diversity
Author: Congress of Local and Regional Authorities of Europe
Publisher: Council of Europe
Total Pages: 126
Release: 2002-01-01
Genre: Political Science
ISBN: 9789287149800

Legal Practice and Cultural Diversity

Legal Practice and Cultural Diversity
Author: Ralph Grillo
Publisher: Routledge
Total Pages: 381
Release: 2016-12-05
Genre: Law
ISBN: 1351922394

Legal Practice and Cultural Diversity considers how contemporary cultural and religious diversity challenges legal practice, how legal practice responds to that challenge, and how practice is changing in the encounter with the cultural diversity occasioned by large-scale, post-war immigration. Locating actual practices and interpretations which occur in jurisprudence and in public discussion, this volume examines how the wider environment shapes legal processes and is in turn shaped by them. In so doing, the work foregrounds a number of themes principally relating to changing norms and practices and sensitivity to cultural and religious difference in the application of the law. Comparative in approach, this study places particular cases in their widest context, taking into account international and transnational influences on the way in which actors, legal and other, respond.

Linguistic Diversity and European Democracy

Linguistic Diversity and European Democracy
Author: Anne Lise Kjær
Publisher: Routledge
Total Pages: 261
Release: 2016-05-06
Genre: Law
ISBN: 1317104919

What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.