legal certainty in multilingual eu law language discourse and reasoning at the european court of justice law language and communication

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Legal Certainty In Multilingual Eu Law

Author : Elina Paunio
ISBN : 9781317106357
Genre : Law
File Size : 85. 38 MB
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How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.

The Ashgate Handbook Of Legal Translation

Author : Le Cheng
ISBN : 9781317044222
Genre : Law
File Size : 26. 79 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 Routledge Handbook Of Language And Superdiversity

Author : Angela Creese
ISBN : 9781317444671
Genre : Language Arts & Disciplines
File Size : 66. 89 MB
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The Routledge Handbook of Language and Superdiversity provides an accessible and authoritative overview of this growing area, the linguistic analysis of interaction in superdiverse cities. Developed as a descriptive term to account for the increasingly stratified processes and effects of migration in Western Europe, ‘superdiversity’ has the potential to contribute to an enhanced understanding of mobility, complexity, and change, with theoretical, practical, global, and methodological reach. With seven sections edited by leading names, the handbook includes 35 state-of-the art chapters from international authorities. The handbook adopts a truly interdisciplinary approach, covering: Cultural heritage Sport Law Education Business and entrepreneurship. The result is a truly comprehensive account of how people live, work and communicate in superdiverse spaces. This volume is key reading for all those engaged in the study and research of Language and Superdiversity within Applied Linguistics, Linguistic Anthropology and related areas.

The Shifting Meaning Of Legal Certainty In Comparative And Transnational Law

Author : Mark Fenwick
ISBN : 9781509911264
Genre : Law
File Size : 83. 41 MB
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The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

Linguistic Diversity And European Democracy

Author : Anne Lise Kjær
ISBN : 9781317104926
Genre : Law
File Size : 46. 5 MB
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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.

Language In The Legal Process

Author : J. Cotterill
ISBN : 9780230522770
Genre : Language Arts & Disciplines
File Size : 81. 86 MB
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Linguists and lawyers from a range of countries and legal systems explore the language of the law and its participants, beginning with the role of the forensic linguist in legal proceedings, either as expert witness or in legal language reform. Subsequent chapters analyze different aspects of language and interaction in the chain of events from a police emergency call through the police interview context and into the courtroom, as well as appeal court and alternative routes to justice. A broad-based, coherent introduction to the discourse of language and law.

Quality Aspects In Institutional Translation

Author : Tomáš Svoboda
ISBN : 9783946234838
Genre :
File Size : 90. 27 MB
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The purpose of this volume is to explore key issues, approaches and challenges to quality in institutional translation by confronting academics’ and practitioners’ perspectives. What the reader will find in this book is an interplay of two approaches: academic contributions providing the conceptual and theoretical background for discussing quality on the one hand, and chapters exploring selected aspects of quality and case studies from both academics and practitioners on the other. Our aim is to present these two approaches as a breeding ground for testing one vis-à-vis the other. This book studies institutional translation mostly through the lens of the European Union (EU) reality, and, more specifically, of EU institutions and bodies, due to the unprecedented scale of their multilingual operations and the legal and political importance of translation. Thus, it is concerned with the supranational (international) level, deliberately leaving national and other contexts aside. Quality in supranational institutions is explored both in terms of translation processes and their products – the translated texts.

Human Rights In Business

Author : Juan José Álvarez Rubio
ISBN : 9781351979153
Genre : Law
File Size : 24. 58 MB
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

The Multilingual Internet

Author : Susan C. Herring
ISBN : 9780195304800
Genre : Language Arts & Disciplines
File Size : 61. 85 MB
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Devoted to analysing internet related CMC in languages other than English, this volume collects 18 new articles on facets of language and internet use, all of which revolve around several central topics: writing systems, the structure and features of local languages and how they affect internet use, gender issues, and so on.

The Legal Reasoning Of The Court Of Justice Of The Eu

Author : Gunnar Beck
ISBN : 9781782250319
Genre : Law
File Size : 27. 60 MB
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The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.

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