Shallow equality and symbolic jurisprudence in multilingual legal orders /
"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 ot...
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| Format: | eBook |
| Language: | English |
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New York :
Oxford University Press,
2019.
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| Series: | Oxford studies in language and law
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| Online Access: | Connect to the full text of this electronic book |
Table of Contents:
- Cover; Series; Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders; Copyright; Dedication; Contents; Acknowledgments; Synopsis; Introduction: Language and Law in the Whirlpool of Politics; Making Sense of Multilingual Legal Orders; A Search for Meaning at a Multidisciplinary Crossroads; Part I; 1. Tracing Linguistic Management through Time: Law as a Lens; Functional Multilingualism in Medieval Class Society; Colonial Diglossia in European Imperialism; Linguistic Nationalism and the Birth of Monolingual Modern States; Linguistic Rivalry during Decolonization
- Parallel Multilingualism in International Legal OrderCharacterizing Contemporary Legal Multilingualism; 2. Mapping a Global Phenomenon: The Spectacle of Official Multilingualism; Some Precursors; Inclusion Criteria; Contestable Issues; Bilingual and Multilingual Sovereign States; Bilingual and Multilingual Non-​State Jurisdictions; Jurisdictions with De Facto Bilingual or Multilingual Law; Observations; 3. How Official Multilingualism Works: A Symbolic Jurisprudence; The Legal and Political Meaning of Status Labels; Official Rhetoric; The Excluded Others
- The Symbolic Jurisprudence of Official Language LawIdentity Formation and Norm Creation; Part II; 4. Institutionalizing Multilingualism: Watchdogs on a Leash and the Bureaucratic Trap; Negotiating the Legal Meaning of Language Status; Mechanisms for Implementation and Their Limitations; Resource Constraints; Reality Check: Status Quo, Undisrupted; 5. Creating Multilingual Legal Texts: Domination and Dependence; Challenges in Legal Translation; Reinventing Legal Drafting: Translation and Beyond; Constructing and Developing a Legal Language; From Linguistic to Ideological Engineering
- The Impossibility of Textual Equality6. Interpreting Multilingual Legislation: The Limits of Language and the Certainty of Uncertainty; Multiple Expressions, One Law?; To Be Equal or Not to Be Equal; Equal Authenticity; Textual Equivalence as Legal Fiction; Legislative History and Implicit Preference; A Teleological Approach to Legal Interpretation; Routine Comparison and Textual Interdependency; The European Union as a Radical Example; Rethinking Legal Interpretation; 7. Conferring Official Language Rights in Legal Communication: Access to Justice and Conflict of Laws
- The Notion of Language RightsOfficial Language Rights in Multilingual Courtrooms; The Language Criterion in Jury Selection; Unrepresented Litigants; Paradox of Language Rights; 8. Concluding Remarks on Linguistic Equality, Strategic Pluralism, and Linguistic Justice; Inherent Dilemmas about Upholding Linguistic Equality; The Shallow Character of Linguistic Equality; The Linguistic Justice Debate; Pluralism as a Strategy; A Tale of Caution and Opportunity; Bibliography; Index