Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders
Title Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders PDF eBook
Author Janny H. C. Leung
Publisher
Total Pages
Release 2019
Genre LANGUAGE ARTS & DISCIPLINES
ISBN 9780190210359

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"This book offers a comprehensive account of official multilingualism and its legal ramifications. Janny H.C. Leung shows that while offering official status to multiple languages has become normalized, actual implementation and success vary. Despite often elaborate institutional adaptations, changes hardly ever challenge the status quo enjoyed by a dominant linguistic group. Leung argues that both "shallow equality" and "symbolic jurisprudence" are characteristics of official multilingualism driven by strategic pluralism"--

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders
Title Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders PDF eBook
Author Janny H.C. Leung
Publisher Oxford University Press
Total Pages 304
Release 2019-01-28
Genre Language Arts & Disciplines
ISBN 0190930608

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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.

Meaning and Power in the Language of Law

Meaning and Power in the Language of Law
Title Meaning and Power in the Language of Law PDF eBook
Author Janny H. C. Leung
Publisher Cambridge University Press
Total Pages 346
Release 2018-01-18
Genre Language Arts & Disciplines
ISBN 1108378188

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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.

Language and Legal Interpretation in International Law

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

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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.

Research Handbook on Jurilinguistics

Research Handbook on Jurilinguistics
Title Research Handbook on Jurilinguistics PDF eBook
Author Anne Wagner
Publisher Edward Elgar Publishing
Total Pages 533
Release 2023-10-06
Genre Law
ISBN 1802207244

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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.

The Routledge Handbook of Forensic Linguistics

The Routledge Handbook of Forensic Linguistics
Title The Routledge Handbook of Forensic Linguistics PDF eBook
Author Malcolm Coulthard
Publisher Routledge
Total Pages 842
Release 2020-11-24
Genre Language Arts & Disciplines
ISBN 0429638256

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The Routledge Handbook of Forensic Linguistics offers a comprehensive survey of the subdiscipline of Forensic Linguistics, with this new edition providing both updated overviews from leading figures in the field and exciting new contributions from the next generation of forensic linguists. The Handbook is a unique work of reference to the leading ideas, debates, topics, approaches and methodologies in forensic linguistics and language and the law. It comprises 43 chapters, including entirely new contributions from many international experts, in the areas of Aboriginal claimants, appraisal and stance, author identities online, biased language in capital trials, corpus approaches, false confessions, forensic phonetics, forensic transcription, the historical courtroom, legal interpretation, multilingual law, police crisis negotiation, speaker profiling, and trolling. The chapters include a wealth of examples and case studies so the reader can see forensic linguistics applied and in action. Edited and authored by the world’s leading academics and practitioners, The Routledge Handbook of Forensic Linguistics is a vital resource for advanced students, researchers and scholars, and will also be of interest to legal, law enforcement and security professionals.

Language and the Law

Language and the Law
Title Language and the Law PDF eBook
Author Monwabisi K. Ralarala
Publisher African Sun Media
Total Pages 458
Release 2022-06-14
Genre Language Arts & Disciplines
ISBN 1991201834

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Language and the Law: Global Perspectives in Forensic Linguistics from Africa and beyond is the third volume in a series of books designed to contribute and respond to growing interest in forensic linguistics or language and the law on the African continent. Drawing mostly on contexts where traditional African laws and Western laws are practised side-by-side, and where there are discontinuities between local knowledge systems, belief systems and language practices on the one hand, and official languages of law discourse, conceptualisation and jurisprudence documentation on the other, the chapters in this volume problematise, among other issues, the mediation practices (or lack thereof) of language and legal processes, discourse strategies and complexities in (mis)interpretations in second language court contexts and the miscarriage of justice that these may entail.