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Comparative Law Engaging Translation

Author: Simone Glanert
Publisher: Routledge
ISBN: 1135047464
Size: 10.80 MB
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In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.

The Oxford Handbook Of Comparative Law

Author: Mathias Reimann
Publisher: Oxford University Press
ISBN: 0192565524
Size: 49.20 MB
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This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Comparative Law And Anthropology

Author: James A.R. Nafziger
Publisher: Edward Elgar Publishing
ISBN: 1781955182
Size: 79.99 MB
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The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.

Language And Culture In Eu Law

Author: Susan Šarčević
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472428994
Size: 68.40 MB
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Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.

The Diffusion Of Law

Author: Professor Sue Farran
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472460405
Size: 56.76 MB
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This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. The volume is international, multi-disciplinary and multi-methodological in approach and brings together scholars from law and social science with experience in mixed and hybrid jurisdictions. The book provides timely new insights and a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.

Comparative Legal Studies Traditions And Transitions

Author: Pierre Legrand
Publisher: Cambridge University Press
ISBN: 9781107320338
Size: 64.93 MB
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The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.

Engaging With Foreign Law

Author: Basil S Markesinis
Publisher: Bloomsbury Publishing
ISBN: 184731497X
Size: 45.44 MB
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This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.

Legal Translation And The Dictionary

Author: Marta Chromá
Publisher: Walter de Gruyter
ISBN: 3110912619
Size: 73.54 MB
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This study concentrates on three major issues creating a basis for the making of the "Czech-English Law Dictionary with Explanations", namely language, including terminology, in both the Czech and Anglo-American systems of law; the process of legal translation; and the lexicographic method of producing a bilingual law dictionary. Terminology has been considered the most significant feature of language for legal purposes. It encompasses a wide range of special-purpose vocabulary and higher syntactic units, including legal jargon. Conceptual analysis is to be pursued whenever an identical term in the target language does not exist or its full equivalent is in doubt. Legal translation should be based primarily on comparative legal, linguistic and genre analysis in order to make the transfer of legal information as precise, accurate and comprehensible as possible. The primary objective of legal translation is for the target recipient to be provided as explicit, extensive and precise legal information in the target language as is contained in the source text, complemented (by the translator) with facts rendering the original information fully comprehensible in the different legal environment and culture. A dictionary which will help its users to produce legal texts in the target language should be founded upon a profound comparative legal and linguistic analysis that will (a) determine equivalents at the levels of vocabulary, syntax and genre, (b) select the appropriate lexicographic material to be included in the dictionary, and (c) create entries in a user-friendly manner.

Criminal Finance The Political Economy Of Money Laundering In A Comparative Legal Context

Author: Kris Hinterseer
Publisher: Kluwer Law International B.V.
ISBN: 9041198644
Size: 18.88 MB
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As the first cross-disciplinary analysis of money laundering - fully recognizing the activity's economic, political, and juridical dimensions - Criminal Finance clearly identifies a useful array of appropriate criteria that may be used to develop and implement effective control strategies. The book will be of immeasurable and immediate value to bankers, legislators, regulators, law enforcement authorities, and concerned lawyers and academics everywhere.