Legal Integration Language Diversity

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Legal Integration And Language Diversity

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Author : C.J.W. Baaij
language : en
Publisher: Oxford University Press
Release Date : 2018-02-01

Legal Integration And Language Diversity written by C.J.W. Baaij and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-01 with Law categories.

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

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Author : C. J. W. Baaij
language : en
Publisher: Oxford University Press
Release Date : 2018

Legal Integration And Language Diversity written by C. J. W. Baaij and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Language Arts & Disciplines categories.

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.

Language And Legal Interpretation In International Law

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Author : Anne Lise Kjær
language : en
Publisher: Oxford University Press
Release Date : 2022

Language And Legal Interpretation In International Law written by Anne Lise Kjær and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with Language Arts & Disciplines categories.

Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.

Paradoxes Of European Legal Integration

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Author : Anne Lise Kjær
language : en
Publisher: Routledge
Release Date : 2016-12-05

Paradoxes Of European Legal Integration written by Anne Lise Kjær and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.

Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.

Dialogue And Rhetoric

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Author : Edda Weigand
language : en
Publisher: John Benjamins Publishing
Release Date : 2008-10-09

Dialogue And Rhetoric written by Edda Weigand and has been published by John Benjamins Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-10-09 with Language Arts & Disciplines categories.

The volume deals with the relationship between dialogue and rhetoric. The actual state of the art in dialogue analysis is characterized by a tendency to overcome the distinction between competence and performance and to combine components from both sides of the dichotomy, in a way which includes rules as well as inferences. The same is true of rhetoric: the guidelines proposed here no longer state that rationality and persuasion are mutually exclusive but suggest that they interact in what might be called the ‘mixed game’. The concept of a dialogic rhetoric thus poses the question of how to integrate the different voices. Part I of the volume assembles several ‘rhetorical paradigms’ which are applied to real-life performance. Part II on ‘rhetoric in the mixed game’ contains a selection of papers which illustrate the interaction of various components. The Round Table discussion in Part III brings proponents of different paradigms face to face with each other and shows how they justify their own positions and present arguments against rival paradigms.

Shallow Equality And Symbolic Jurisprudence In Multilingual Legal Orders

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Author : Janny H.C. Leung
language : en
Publisher: Oxford University Press
Release Date : 2019-01-28

Shallow Equality And Symbolic Jurisprudence In Multilingual Legal Orders written by Janny H.C. Leung and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-28 with Language Arts & Disciplines categories.

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.

Handbook Of Terminology

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Author : Łucja Biel
language : en
Publisher: John Benjamins Publishing Company
Release Date : 2023-12-15

Handbook Of Terminology written by Łucja Biel and has been published by John Benjamins Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-15 with Language Arts & Disciplines categories.

As a core component of legal language used to draft, enforce and practice law, legal terms have fascinated lawyers, linguists, terminologists and other scholars for centuries. Third in the series, this Handbook offers a comprehensive compendium of the current state of knowledge on legal terminology. It is the first attempt to bring together perspectives from the domains of Terminology, Translation Studies, Linguistics, Law and Information Technology in a single place. This interdisciplinary endeavour comprises systematic reviews, case studies and research papers which overview key properties of legal terms and concepts, terminological tools and resources, training aspects, as well as translation in national contexts and multilingual organizations. The Handbook attests to the complex multifaceted nature of legal terminology and showcases its cultural, communicative, cognitive and social contexts in diverse legal systems. It is a rich resource for scholars, practitioners, trainers and students, presenting vibrant research and practice in this area.

The Principle Of Mutual Trust In Eu Criminal Law

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Author : Auke Willems
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-11

The Principle Of Mutual Trust In Eu Criminal Law written by Auke Willems and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-11 with Law categories.

This book develops a conceptual framework of the principle of mutual trust in EU criminal law. Mutual trust is a household term in the EU criminal law vocabulary and is widely regarded to be a prerequisite for a successful application of mutual recognition. But despite its importance, the parameters of the concept are not clear. The book demonstrates that mutual trust is multi-faceted: combining the elements essential to a successful EU criminal law, as part of the Area of Freedom, Security and Justice. The book approaches trust from multiple angles. First, a study of social science literature. Second, a meticulous assessment of mutual trust in EU criminal law. Third, a study of trust in US interstate criminal justice cooperation. Finally, the book identifies a comprehensive approach to tackle trust related difficulties in EU criminal law. This timely book will be of great interest to anyone looking to gain a full picture of this core principle in EU criminal law.

The Treaty On European Union Teu

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Author : Hermann-Josef Blanke
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-26

The Treaty On European Union Teu written by Hermann-Josef Blanke and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Law categories.

The major Commentary on the Treaty on European Union (TEU) is a European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of a “Europeanised research on Union law”. This publication in English contains detailed explanations, article by article, on all the provisions of the TEU as well as on several Protocols and Declarations, including the Protocols No 1, 2 and 30 and Declaration No 17, having steady regard to the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors of the Commentary are academics from ten European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law professionals. This should lead to more unity in European law notwithstanding all the legitimate diversity. The different traditions of constitutional law are reflected and mentioned by name thus striving for a common framework for European constitutional law.

The Oxford Handbook Of Translation And Social Practices

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Author : Sara Laviosa
language : en
Publisher: Oxford University Press
Release Date : 2020-12-01

The Oxford Handbook Of Translation And Social Practices written by Sara Laviosa and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-01 with Language Arts & Disciplines categories.

The discipline of translation studies has gained increasing importance at the beginning of the 21st century as a result of rapid globalization and the development of computer-based translation methods. Today, changing political, economic, health, and environmental realities across the world are generating previously unknown inter-language communication challenges that can only be understood through a socially-oriented and data-driven approach. The Oxford Handbook of Translation and Social Practices draws on a wide array of case studies from all over the world to demonstrate the value of different forms of translation - written, oral, audiovisual - as social practices that are essential to achieve sustainability, accessibility, inclusion, multiculturalism, and multilingualism. Edited by Meng Ji and Sara Laviosa, this timely collection illustrates the manifold interactions between translation studies and the social and natural sciences, enabling for the first time the exchange of research resources and methods between translation and other domains' experts. Twenty-nine chapters by international scholars and professional translators apply translation studies methods to a wide range of fields, including healthcare, environmental policy, geological and cultural heritage conservation, education, tourism, comparative politics, conflict mediation, international law, commercial law, immigration, and indigenous rights. The articles engage with numerous languages, from European and Latin American contexts to Asian and Australian languages, giving unprecedented weight to the translation of indigenous languages. The Handbook highlights how translation studies generate innovative solutions to long-standing and emerging social issues, thus reformulating the scope of this discipline as a socially-oriented, empirical, and ethical research field in the 21st century.