Comparative Law - Engaging Translation
Edited by Simone Glanert
Routledge – 2014 – 224 pages
In an era marked by processes of economic and political integration that are arguably unprecedented in their range and impact, the translation of law has assumed a new significance. The following situations are typical. As the expression of a strong postcolonial commitment, various African states have decided to draft their legislation in more than one official language with a view to conferring equal authority upon colonial and traditional languages. Elsewhere, an influential group of European lawyers is seeking to develop a civil code for the European Union that potentially stands to be translated into 23 languages. Meanwhile, former political and military leaders are being prosecuted for genocide before the International Criminal Court, a body consisting of judges from many different legal backgrounds and operating according to a complex multilingual procedure. And, controversially, the US Supreme Court has relied upon foreign law in order to assess the constitutionality of a Texas statute criminalizing certain forms of sexual behaviour. Each of these instances raises the matter of law in translation, broadly understood. Can legal rules carry identical normative implications in more than one language? Can law achieve uniformity despite needing to be rendered in many languages? How do interpreting and translation affect adjudication in a multilingual courtroom? To what extent can a given legal text make sense in a different legal culture? These questions, among others, are addressed here within a comparative legal context in which, it is demonstrated, translation issues are a central feature of the contemporary legal landscape.
Simone Glanert, Introduction; Michael Cronin, Translation and the New Global Order; Part 1 – Translatability Matters: Kwai Ng, Legal Translation and the Problem of Heteroglossia; Jean-Claude Gémar, Law’s Labours: Lost or Gained in Translation? Language, Law and Translation; Shawn Marie Boyne, Translating Civil Law "Objectivity" with an Adversarial Brain; Raluca Bercea, The Powerless Translator: An Argument From Legal "Culturemes"; Part 2 - The Specificity of Comparative Law: Simone Glanert, Comparative Law and the Erotics of Legal Translation; Igor Stramignoni, Poetic Comparisons: Poetry, Translation, and Poetic Thinking of the Law; Cornelis Jaap W. Baaij, Legal Translation and the "Contamination" of Comparative Legal Research; Jennifer Hendry, Comparative Law and the Im/Possibility of Legal Translation: For a Relational Conception of Legal Culture; Part 3 – Translation Beyond Translation: Pierre Legrand, Expanding the Translation Zone: When Foreign Laws Become Economic Indicators (And Other Exercises in Resignification); Pascale Fournier, Legal Transplants, Women and the State: Laïcité and Multiculturalism in Context; Luca Follis, Grafting Medieval Sanctions into Modern Democratic Law: Civil Death and Attainder Across the Atlantic; Bénédicte Sage-Fuller & Ferdinand Prinz zur Lippe, Abuse of Law: A "Language of Internationalized Modernity"?; Abdulmumini A. Oba, Orientalism, Eurocentrism and the Translation of Islamic Law in Comparative Law; Professor Alexis Nouss, Translation As Ethics
Simone Glanert is based at Kent Law School