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Comparative Legal Linguistics

Author : Heikki E.S. Mattila
ISBN : 9781317163022
Genre : Law
File Size : 61. 8 MB
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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.

The Mimetic Evolution Of The Court Of Justice Of The Eu

Author : Leonardo Pierdominici
ISBN : 9783030478643
Genre : Political Science
File Size : 90. 94 MB
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This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.

Shallow Equality And Symbolic Jurisprudence In Multilingual Legal Orders

Author : Janny H.C. Leung
ISBN : 9780190930608
Genre : Language Arts & Disciplines
File Size : 39. 47 MB
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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.

Multilingual Law

Author : Colin D Robertson
ISBN : 9781317093497
Genre : Law
File Size : 20. 84 MB
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This book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of legal linguistics, legal translation and revision.

Comparative Legal Systems

Author : Vincenzo Zeno-Zencovich
ISBN : 9788832136203
Genre : Law
File Size : 35. 97 MB
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La nuova edizione di questa Introduzione ai Sistemi giuridici comparati è stata aggiornata ed arricchita con una serie di illustrazioni seguendo il movimento del “Legal design”. Nel volume i sistemi giuridici sono visti come un insieme in cui ogni parte di essi è in relazione con le altre ed in un contesto globale con il quale sono in osmosi. Il volume è suddiviso in otto capitoli dedicati a: 1. Sistemi democratici. 2. Valori. 3. Il governo. 4. La dimensione economica. 5. Il ‘Welfare state’. 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato.

Meaning And Power In The Language Of Law

Author : Janny H. C. Leung
ISBN : 9781108378024
Genre : Language Arts & Disciplines
File Size : 29. 69 MB
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Legal practitioners, linguists, anthropologists, philosophers and others have all explored fundamental challenges presented by language in formulating, interpreting and applying laws. Building on centuries of interaction between legal practice and jurisprudence, the modern field of 'law and language', or 'forensic linguistics', brings insights in linguistics and related fields to bear on topics including legal drafting and translation, statutory interpretation, expert evidence on language use and dynamics of courtroom interaction. This volume presents an interlocking series of research studies engaged with different legal jurisdictions and socio-political contexts as well as with the more abstract notion of 'law'. Together the chapters, written by international leaders in their fields, highlight recent directions in research and investigate in particular how law expresses yet also conceals power relations in its crafted use of words and in the gaps and silence between those words.

The Ashgate Handbook Of Legal Translation

Author : Le Cheng
ISBN : 9781317044222
Genre : Law
File Size : 50. 54 MB
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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.

The Oxford Handbook Of Comparative Administrative Law

Author : Peter Cane
ISBN : 9780198799986
Genre : Law
File Size : 69. 41 MB
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In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.

Law Language And Change

Author : Caroline Laske
ISBN : 9789004436169
Genre : Law
File Size : 69. 19 MB
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Caroline Laske traces the advent of consideration in English contract law by analysing doctrinal developments and the corresponding terminological semantic shifts, showcasing the value of taking an innovative diachronic corpus linguistics-based approach to the study of legal change and legal development.

Legal Translation And Bilingual Law Drafting In Hong Kong

Author : Clara Ho-yan Chan
ISBN : 9780429812156
Genre : Foreign Language Study
File Size : 48. 92 MB
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Legal Translation and Bilingual Law Drafting in Hong Kong presents a systematic account from a cross-disciplinary perspective of the activities of legal translation and bilingual law drafting in the bilingual international city of Hong Kong and its interaction with Mainland China and Taiwan in the use of legal terminology. The study mainly examines the challenges posed to English-Chinese translation in the past three decades by elaborate drafting and terminological equivalence, and offers educational and research solutions. Its primary goals are to create legal Chinese that naturally accommodates common law concepts and statutes from the English legal system and to reconcile Chinese legal terms from the different legal systems adopted by Hong Kong, Mainland China and Taiwan. The new directions in legal translation and bilingual law drafting in Hong Kong will have implications for other Chinese regions and for the world. The book is intended for scholars, researchers, teachers and students of legal translation and legal linguistics, legal translators, lawyers and legal practitioners who are engaged in translation, as well as all persons who are interested in legal language and legal translation.

The Impact Of Plain Language On Legal English In The United Kingdom

Author : Christopher Williams
ISBN : 9781000620481
Genre : Language Arts & Disciplines
File Size : 32. 88 MB
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This volume offers insights into the ways in which plain language has influenced the language of the law in the United Kingdom, critically reflecting on its historical development and future directions. The book opens with an overview of the theoretical frameworks underpinning plain language and a brief history of plain language initiatives as a foundation from which to outline ongoing debates on the opportunities and challenges of using plain language in the legal domain. The volume details strands where plain language has had considerable impact thus far on legal English in the UK, notably in legislative drafting, but it also explores areas in which plain language has made fewer inroads, such as the language of court judgments and that of online terms and conditions. The book looks ahead to unpack highly topical areas within the plain language debate, including the question of design and visualisation and the ramifications of digitalisation, contributing to ongoing conversations on the importance of plain language both in the UK and beyond. This book will be of particular interest to students and scholars interested in the intersection of language and the law as well as related disciplinary areas such as applied linguistics and English for Specific Purposes.

A New Introduction To Comparative Law

Author : Jaakko Husa
ISBN : 9781849469524
Genre : Law
File Size : 82. 76 MB
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This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

Corpus Based Research On Variation In English Legal Discourse

Author : Teresa Fanego
ISBN : 9789027262837
Genre : Language Arts & Disciplines
File Size : 23. 80 MB
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This volume provides a comprehensive overview of the research carried out over the past thirty years in the vast field of legal discourse. The focus is on how such research has been influenced and shaped by developments in corpus linguistics and register analysis, and by the emergence from the mid 1990s of historical pragmatics as a branch of pragmatics concerned with the scrutiny of historical texts in their context of writing. The five chapters in Part I (together with the introductory chapter) offer a wide spectrum of the latest approaches to the synchronic analysis of cross-genre and cross-linguistic variation in legal discourse. Part II addresses diachronic variation, illustrating how a diversity of methods, such as multi-dimensional analysis, move analysis, collocation analysis, and Darwinian models of language evolution can uncover new understandings of diachronic linguistic phenomena.

Speaking Of Language And Law

Author : Lawrence Solan
ISBN : 9780199334193
Genre : Language Arts & Disciplines
File Size : 46. 57 MB
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Among the most prominent scholars of language and law is Peter Tiersma, a law professor at Loyola Law School with a doctorate in linguistics (co-editor of The Oxford Handbook of Language and Law). Tiersma's significant body of work traverses a variety of legal and linguistic fields. This book offers a selection of twelve of Tiersma's most influential publications, divided into five thematic areas that are critical to both law and linguistics: Language and Law as a Field of Inquiry, Legal Language and its History, Language and Civil Liability, Language and Criminal Justice, and Jury Instructions. Each paper is accompanied by a brief commentary from a leading scholar in the field, offering a substantive conversation about the ramifications of Tiersma's work and the disagreements that have often surrounded it.

Corpus Analysis For Language Studies At The University Level

Author : Giedrė Valūnaitė Oleškevičienė
ISBN : 9781527565944
Genre : Language Arts & Disciplines
File Size : 78. 22 MB
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This book highlights corpora use in teaching foreign languages in university education. It will appeal to both academics and practitioners interested in the process of teaching foreign languages at more advanced levels while applying corpus analysis and building tools for corpus annotation. It provides a detailed case study of analyzing the terminology of constitutional law in both English and Lithuanian as an example to illustrate the possibility of integrating corpus analysis tools into the process of teaching foreign languages in university education. The book reveals that initial linguistic knowledge is essential when teaching and learning foreign languages at more advanced levels while applying corpus annotation. In addition, it shows that, even though the use of new corpus software is perceived as a positive, there are still certain issues to be solved in this regard, such as the constant renewal of public computers in universities and the technical and methodological support for teachers while using corpora tools.

Languages For Special Purposes

Author : John Humbley
ISBN : 9783110228014
Genre : Language Arts & Disciplines
File Size : 51. 66 MB
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This handbook gives an overview of language for special purposes (LSP) in scientific, professional and other contexts, with particular focus on teaching and training. It provides insights into research paradigms, theories and methods while also highlighting the practical use of LSPs in concrete discourse situations. The volume is transdisciplinary oriented with a firm basis in the language sciences, including terminology, knowledge transfer, multilingual and cross-cultural exchange.

Legal Translation

Author : Ingrid Simonnæs
ISBN : 9783732903665
Genre : Language Arts & Disciplines
File Size : 36. 22 MB
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In this anthology renowned scholars working in the area of legal translation studies (LTS) focus on current issues and challenges in legal translation emerging from today’s globalisation and internationalisation. Considering both theoretical and practical points of view the contributions present interdisciplinary approaches to legal translation dealing with legal systems in national, EU and international settings, and include civil law and common law as well as supranational and private international law. In addition to the historical evolution of legal systems and of legal translation the papers discuss specific features of legal language and challenges in legal translation, as well as new didactic strategies to deal with the future profiles of legal translators.

Handbook Of Intellectual Property Research

Author : Irene Calboli
ISBN : 9780198826743
Genre : Law
File Size : 29. 45 MB
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"The relevance of intellectual property (IP) law has increased dramatically over the last several years. Globalization, digitization, and the rise of post-industrial information-based industries have all contributed to a new prominence of IP law as one of the most important factors in driving innovation and economic development. At the same time, the significant expansion of IP rules has impacted many areas of public policy such as public health, the environment, biodiversity, agriculture, information, in an unprecedented manner. The growing importance of IP law has led to an exponential growth of academic research in this area. This Book offers a comprehensive overview of the methods and approaches that can be used to address and develop scholarly research questions related to IP law. In particular, this Book aims to provide a useful resource that can be used by IP scholars who are interested in expanding their expertise in a specific research method or seek to acquire an understanding of alternative lenses that could be applied to their research. Even though this Book does not claim to include all existing research methodologies, it represents one of the largest and most diverse compilations, which has been carried out to date. In addition, the authors of this Book comprise an equally diverse group of scholars from different jurisdictions, backgrounds, and legal traditions. This diversity, both regarding the topics and the authors, is a fundamental feature of the Book, which seeks to assist IP scholars worldwide in their research journeys." --

The Routledge Handbook Of Pragmatics

Author : Anne Barron
ISBN : 9781317362579
Genre : Language Arts & Disciplines
File Size : 69. 70 MB
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The Routledge Handbook of Pragmatics provides a state-of-the-art overview of the wide breadth of research in pragmatics. An introductory section outlines a brief history, the main issues and key approaches and perspectives in the field, followed by a thought-provoking introductory chapter on interdisciplinarity by Jacob L. Mey. A further thirty-eight chapters cover both traditional and newer areas of pragmatic research, divided into four sections: Methods and modalities Established fields Pragmatics across disciplines Applications of pragmatic research in today’s world. With accessible, refreshing descriptions and discussions, and with a look towards future directions, this Handbook is an essential resource for advanced undergraduates, postgraduates and researchers in pragmatics within English language and linguistics and communication studies.

Rethinking Nordic Courts

Author : Laura Ervo
ISBN : 9783030748517
Genre : Law
File Size : 43. 75 MB
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This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

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