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Book

Comparative Law - Engaging Translation

Book

Comparative Law - Engaging Translation

DOI link for Comparative Law - Engaging Translation

Comparative Law - Engaging Translation book

Comparative Law - Engaging Translation

DOI link for Comparative Law - Engaging Translation

Comparative Law - Engaging Translation book

Edited BySimone Glanert
Edition 1st Edition
First Published 2014
eBook Published 27 June 2014
Pub. Location London
Imprint Routledge
DOI https://doi.org/10.4324/9780203380895
Pages 236
eBook ISBN 9780203380895
Subjects Language & Literature, Law
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Glanert, S. (Ed.). (2014). Comparative Law - Engaging Translation (1st ed.). Routledge. https://doi.org/10.4324/9780203380895

ABSTRACT

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.

TABLE OF CONTENTS

chapter 1|20 pages

Translation matters simoneglanert

part |2 pages

PART I Addressing translatability

chapter 2|11 pages

Translation as ethics

chapter 3|15 pages

Who’s in control? Translation, cost and the origins of speciation michaelcronin

chapter 4|18 pages

Legal translation and the problem of heteroglossia

chapter 5|18 pages

Catching the spirit of the law: from translation to co-drafting

part |2 pages

PART II The specificity of comparative law

chapter 6|17 pages

Legal comparison and the (im)possibility of legal translation

chapter 7|19 pages

Translation and the ‘contamination’ of comparative legal research

chapter 8|17 pages

Translating civil law ‘objectivity’ with an adversarial brain: an ethnographic perspective

chapter 9|15 pages

The powerless translator: an argument based on legal culturemes

part |2 pages

PART III Translation beyond translation

chapter 10|16 pages

Translating religious principles into German law: boundaries and contradictions

chapter 11|18 pages

Of friendless and stained men: grafting medieval sanctions onto modern democratic law

chapter 12|17 pages

Abuse of tax law as a language of morality in modern times: a comparative analysis of France, Canada and Ireland

chapter 13|13 pages

Withholding translation

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