Description : 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.
Description : The chapters constituting this volume focus on legal language seen from cross-cultural perspectives, a topic which brings together two areas of research that have burgeoned in recent years, i.e. legal linguistics and intercultural studies, reflecting the rapidly changing, multifaceted world in which legal institutions and cultural/national identities interact. Within the broad thematic leitmotif of this volume, it has been possible to identify two major strands: legal discourse across languages on the one hand, and legal discourse across cultures on the other. Of course, labels of this kind are adopted partly as a matter of convenience, and it could be argued that any paper dealing with legal discourse across languages inevitably has to do with legal discourse across cultures. But a closer inspection of the papers comprising each of these two strands reveals that there is a coherent logic behind the choice of labels. All seven chapters in the first section are concerned with legal topics where more than one language is at stake, whereas all seven chapters in the second section are concerned with legal topics where cultural differences are brought to the fore.
Description : The book provides an overview of EU competition law with a focus on the main developments in Italy, Spain, Greece, Poland and Croatia and offers an in-depth analysis of the role of language, translation and multilingualism in its implementation and interpretation. The first part of the book focuses on the main developments in EU competition law in action, which includes legislation, case law and praxis. This part can be divided into two subparts: the private enforcement of EU competition law, and the cooperation among enforcers, i.e. the EU Commission, the national competition authorities and the national courts. Language is of paramount importance in the enforcement of EU competition law, and as such, the second part highlights legal linguistic skills, showcasing the advantages and the challenges of multilingualism, especially in the context of the predominant use of English as the EU drafting and vehicular language. The volume brings together contributions prepared and presented as part of the EU-funded research project “Training Action for Legal Practitioners: Linguistic Skills and Translation in EU Competition Law".
Description : This revised and expanded edition provides a comprehensive overview of comparative Indo-European linguistics and the branches of the Indo-European language family, covering both linguistic and cultural material. Now offering even greater coverage than the first edition, it is the definitive introduction to the field. Updated, corrected, and expanded edition, containing new illustrations of selected texts and inscriptions, and text samples with translations and etymological commentary Extensively covers individual histories of both ancient and modern languages of the Indo-European family Provides an overview of Proto-Indo-European culture, society, and language Designed for use in courses, with exercises and suggestions for further reading included in each chapter Includes maps, a glossary, a bibliography, and comprehensive word and subject indexes
Description : This book explores the relationship between European Union law, culture, and identity. Community trade and competition rules have certainly affected many mundane, though highly formative, aspects of our day-to-day lives: when we shop, what we drink, even which football matches we watch ontelevision. But Community law is not merely a vehicle for challenging established national rules which have a cultural dimension: Article 151 of the EC Treaty, which came into force in 1993, empowers the Community to 'contribute to the flowering of the cultures of the Member States', whilst at thesame time bringing the 'common cultural heritage to the fore'.This book explores some of the challenges facing the European Union in developing convincing and coherent policies in the cultural domain. These challenges stem not only from the Union's fragmented institutional structure and Member State sensitivities but also from the uncertainty which surroundsthe very meaning of the term 'culture' itself. The wide-ranging contributions illustrate how cultural issues can be seen to permeate all aspects of European Union law, by focussing on areas as diverse as international trade and aid, education, sport, language use, and the mass media.
Description : As European lawyers dealing with cross-border issues quickly learn, the terms contract, contrat, and contratto signify three very different legal concepts. This illustration highlights the importance of studying the relationships between language and law, particularly in the context of strong pressure from the European Community to harmonise the laws of the Member States a process which appears difficult, if not impossible, unless there is an understanding of the profound differences which exist between the various legal systems, and the development of a common European legal language from the 21 official languages now a feature of the European Union. This admirable collection of essays brings together the work of practitioners and scholars in three fields pertinent to this endeavour: representatives of Community institutions who are involved in drafting, translating, and interpreting multilingual texts; jurists and comparative lawyers from both civil law and common law systems; and researchers in linguistics and language issues. Among the many relevant matters they discuss are the following: terminologies of rights and remedies; the role of the European Court of Justice as interpreter; multilingualism in parliamentary practice; the role of the European Commissions legal revisers; and translation at the European Court of Justice. The essays were originally presented as papers at a conference held in Como in April 2005, organised by the Faculty of Law of the University of Insubria together with the Centro Interuniversitario di Ricerca in Diritto Comparato (Interuniversity Centre for Research in Comparative Law) set up by the Universities of Milan, Bologna and Insubria. This event took place in the context of a research project co-financed by the University of Insubria and the Italian Ministry of Education, University and Research. The particular objective of the conference was to make a comparison between the day-to-day working requirements within the Community institutions, each with its own particular needs, and the longer-term analysis which the academic world could bring to bear on the problems of the translatability of legal terms. As the first in-depth appraisal of this crucial matter, this book cannot fail to find interested readers among all the branches of European law, practitioners and scholars, local and international. It is sure to be a highly valuable resource for many years to come.
Description : Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.
Description : Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.).
Description : TRENDS IN LINGUISTICS is a series of books that open new perspectives in our understanding of language. The series publishes state-of-the-art work on core areas of linguistics across theoretical frameworks as well as studies that provide new insights by building bridges to neighbouring fields such as neuroscience and cognitive science. TRENDS IN LINGUISTICS considers itself a forum for cutting-edge research based on solid empirical data on language in its various manifestations, including sign languages. It regards linguistic variation in its synchronic and diachronic dimensions as well as in its social contexts as important sources of insight for a better understanding of the design of linguistic systems and the ecology and evolution of language. TRENDS IN LINGUISTICS publishes monographs and outstanding dissertations as well as edited volumes, which provide the opportunity to address controversial topics from different empirical and theoretical viewpoints. High quality standards are ensured through anonymous reviewing.
Description : For the first time in history, scholars working on language and culture from within an evolutionary epistemological framework, and thereby emphasizing complementary or deviating theories of the Modern Synthesis, were brought together. Of course there have been excellent conferences on Evolutionary Epistemology in the past, as well as numerous conferences on the topics of Language and Culture. However, until now these disciplines had not been brought together into one all-encompassing conference. Moreover, previously there never had been such stress on alternative and complementary theories of the Modern Synthesis. Today we know that natural selection and evolution are far from synonymous and that they do not explain isomorphic phenomena in the world. ‘Taking Darwin seriously’ is the way to go, but today the time has come to take alternative and complementary theories that developed after the Modern Synthesis, equally seriously, and, furthermore, to examine how language and culture can merit from these diverse disciplines. As this volume will make clear, a specific inter- and transdisciplinary approach is one of the next crucial steps that needs to be taken, if we ever want to unravel the secrets of phenomena such as language and culture.