Journal Name: Semiotica Issue: Ahead of print.

Journal Name: Semiotica Issue: Ahead of print.

This is the guest editors’ introductory paper to the special issue “Situating jurilinguistics across cultures using translation and discourse approaches.” The introduction showcases the interdisciplinary vocation of jurilinguistics from its conception almost forty years ago. It is argued that jurilinguistics has achieved its current maturity by diversifying the disciplinary lenses of the originally contributing disciplines of legal translation and legal studies while keeping faithful to its original principles—facing practical problems with a rigorous outlook, venturing into any new domains that may (...) prove enlightening, and combining professional and academic perspectives. The authors highlight how the series of conferences “Jurilinguistics: Interdisciplinary Approaches to the Study of Language and Law” have been instrumental in enhancing the scope of jurilinguistics. Finally, the articles gathered in this special issue are presented and their contributions in advancing the knowledge available for practitioners and scholars meeting at the interface between law and language are underscored. (shrink)

The basic problem affecting humanitarian law today remains that of its implementation. As of now, requests made by individuals before national courts to assess the compatibility of certain acts with international humanitarian law failed. The present case study and commentaries focus on the decision of a German civil court sitting Bonn to deny the victims of a NATO air raid the right to sue Germany and claim compensation for alleged violations of international humanitarian law.

In European culture the sacred and the secular have existed in a dialectical relationship. Prodi sees the fifteenth-century crisis of Christianity as opening up three paths that eroded this dualism and tended towards modernity: civic-republican religion, sacred monarchy, and the territorial churches. Important counter-forces, which sought to maintain dualism, included the Roman-Tridentine Compromise, and those forms of Radical Christianity which rejected confessionalisation outright. During the Eighteenth Century, all these phenomena tended to contribute to one of two tendencies: towards civic religion, (...) or towards political religion. The former preserved a distinction between conscience and law; the latter comprised a state religion which sought to perfect all of human nature. It was civic religion which become embodied in the early USA, alienating God from worldly power, but leaving him as the guarantor of agreements between humans. Back in Europe, Prodi tracks the relationship between the Catholic Church and the new national states. He then turns to the political religions of the Twentieth Century. Prodi concludes by emphasising that this dualism of sacred and secular power lay at the centre of Western modernity, and expresses his fears about the collapse of civic religion into political religion, especially in the USA. (shrink)

A Dharma Reader: Classical Indian Law. Translated and edited by Patrick Olivelle. Historical Sourcebooks in Classical Indian Thought. New York: Columbia UnIversity Press, 2017. Pp. xiv + 410. $80.

This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing (...) is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny.' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale). (shrink)

In 1985, Swiss legal philosopher Walter Ott visited Herbert Hart in Oxford and made this record of their meeting, which casts novel light on some of Hart’s ideas. Ott engaged Hart in a fresh encounter with the legal philosophy of Gustav Radbruch, particularly Hart’s and Radbruch’s reasons for a minimum content of justice in law. They also discussed the grudge informer, state responsibility under laws of an earlier régime, and questions of the definition and falsifiability of legal theories. Hart surprisingly (...) reported Hans Kelsen as stating, when they had met at Berkeley in 1961, that Hume (and not Kant, and certainly not Wittgenstein) was the greatest philosopher who had ever lived. The translation is accompanied with annotations explaining references, assumptions and contexts. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways of knowing (...) and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

From the perspectives of foreign-Chinese bilingual law dictionaries, Chinese-foreign bilingual law dictionaries, and monolingual Chinese law dictionaries, this paper reviews the compilation and publication of law dictionaries in China over the past six decades following the founding of New China in 1949, especially over the past three decades after the policy of reform and opening up was adopted in 1978. This paper reevaluates the translated legal terms covered and defined in the Legal Dictionary of the Soviet Union, Law Dictionary, Oxford (...) Large Dictionary of Law, Chinese-English Glossary of Terms of Laws and Regulations of People’s Republic of China and English-Chinese Dictionary of Anglo-American Law to analyze the roles of law dictionaries on the standardization of the translated Chinese legal terms. (shrink)

Now available Open Access! See the Bloomsburycollections URL below. -/- Correct bibliographical information is as follows: Gottfried Achenwall, _Natural Law: A Translation of the Textbook for Kant's Lectures on Legal and Political Philosophy_, edited by Pauline Kleingeld, translated by Corinna Vermeulen, with an Introduction by Paul Guyer. London: Bloomsbury, 2020. -/- As the first translation into any modern language of Achenwall’s Ius naturae, from the 1763 edition used by Immanuel Kant, this is an essential work for anyone interested in Kant, (...) the natural law tradition or the history of legal and political theory. For over twenty years, Kant used this book as the basis for his lectures on natural law. It influenced his legal and political philosophy as well as his ethics, and it is indispensable for understanding Kant’s Feyerabend Lectures on Natural Law and his Metaphysics of Morals. -/- Articulating his theory of natural law with clear definitions and precise distinctions, Achenwall offers a lucid account that includes instructive comparisons with the work of Grotius, Hobbes, Pufendorf, Wolff and others. The volume also contains an Introduction by the eminent Kant scholar Paul Guyer, comparing Achenwall’s theory to the legal and political philosophy of Kant’s Doctrine of Right, and a concordance correlating Achenwall’s Natural Law to Kant’s Feyerabend Lectures on Natural Law. (shrink)

In this interview Vattimo discusses with Zabala the possibility of a nihilist philosophy of law as an alternative to the idea of justice and the violence that predictably results from it. To make this substitution would involve the redirection of humanity away from its self-understanding as progressively approaching a metaphysical truth that is eternal and toward the acceptance of an already existing “polytheism of values,” where truth is a contingent and changing product of discursiveness. A society that structures its legal (...) system on what Vattimo terms “optimistic nihilism” would dismiss any urge for the unity and strength supposedly characteristic of monoculturalism and univocal values. Such cohesion as is possible must come from flexibility, responsiveness to contingency, and an openness to multivocal values. “To apply justice to human affairs,” Vattimo argues, is no more than “to adjust things” as conditions change. (shrink)

Legal texts are in the focus of both lawyers and translators. This paper discusses the binary opposition of these two views especially in the light of contract law. There is one crucial epistemic difference between the point of view of the translator and the lawyer when it comes to the interpretation of legal texts. In the translator’s view legal text is traditionally conceived as static as to its nature; something that already exists in the form of text. Traditionally, the translator (...) is interested in the text itself as it was written down in a document, i.e. the translator needs to go back to the frozen moment when a legal document was constructed and finalised. The lawyer, in contrast, is very much interested not only in the text of the legal document but also in the contextual surroundings of the text. In fact, for legal interpretation, sometimes the key-elements for the interpretation come from outside of the text itself. This paper concludes that legal translation is in many cases closer to transcreation than it is to traditionally understood translation. (shrink)

We have become estranged from the cosmic movements, according to Bataille. We are confined by the error linked to the representation of ‘the stationary earth’. We have negated the immersive immanence of the whole and made nature into a fixed world of tools and things. How then do we recognise ourselves as part of the ‘rapture of the heavens’? Bataille urges us to consider life as a solar phenomenon, the free play of solar energy on the earth. This paper argues (...) how Bataille’s cosmic vision anticipates both planetary and ecological thinking. This entails a base materialism of difference based on a radical Nietzschean and Heraclitean theory of becoming and flux. This thought is developed along Bataillean concepts such as the movement of the whole, the labyrinthine, and compound beings, ipseity, as well as the concept of a communifying movement. This materialism paired with Vladimir Vernadsky’s biosphere lays the foundation for the laws of the general economy, which also constitutes an economy inclusive of a general ecology: a tragic vision of Gaia and Dionysos. Finally, poetry is considered, as a way we might reconnect with the universe and stimulate ecological imagination. (shrink)

In The Law of Blood, French historian Johann Chapoutot synthesizes an enormous number of writings from the Third Reich to give a rendering of the Nazi Weltanschauung—world-view—as both consistent a...

Late in his exceedingly protracted life, Ernst Jünger introduced the term “anarch” to refine his notion of resistance amid political decay. Hermann Amborn’s argument would have benefitted by taking...

Book 10 of the Laws sets out Plato's last thoughts on the gods, piety, and religion. Robert Mayhew presents a new English translation of this important text with a detailed commentary that highlights its philosophical, political, and religious significance.

https://doi.org/10.14195/2183-4105_18_10.

Law, State, and Society in Early Imperial China: A Study with Critical Edition and Translation of the Legal Texts from Zhangjiashan Tomb No. 247. 2 vols. Translated and edited by Anthony J. Barbieri-Low and Robin D. S. Yates. Sinica Leidensia, vol. 126. Leiden: Brill, 2015. Vol. 1: pp. cxiv + 377; vol. 2: pp. xiv + 1038. €299, $389.

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 87-96.

The purpose of the paper is to analyse the translation into English and Korean of the old Polish criminal law terminology used by Adam Mickiewicz in his renown poem entitled “Master Thaddeus, or the Last Foray in Lithuania: A Nobility’s Tale of the Years 1811–1812, in Twelve Books of Verse” Mickiewicz (Pan Tadeusz czyli ostatni zjazd na Litwie. Historia szlachecka z roku 1811 i 1812 we dwunastu księgach wierszem). The research methods used encompass the analysis of parallel texts of the (...) poem. The authors first selected the fragments of the poem containing criminal law terminology. Next analysed two translations into English (Biggs in Master Thaddeus, or the last Forey in Lithuania—by Adam Mickiewicz, an Historical epic poem in XII books, translated from the original by Biggs, with a Preface by W.R. Morfill, M.A. and Notes, by the translator and Edmond Naganowski, Trübner et Comp, London, 1885 and MacKenzie in Adam Mickiewicz. Pan Tadeusz or the Last Foray in Lithuania. A Tale of the Gentry in the Years 1811 and 1812 translated into English verse with Introduction by Kenneth R. Mackenzie, Polska Fundacja Kulturalna, Londyn, 1990) and one into Korean Cheong et al. (『판 타데우시』 [Pan Tadeusz] Hankuk University of Foreign Studies, Seoul, 2005). The findings reveal that the terminology under scrutiny in the majority of cases must be considered obsolete and legal system-bound. Mickiewicz (1834) referred to the laws binding Poles under the Third Lithuanian Statute (Wilno, 1774). Therefore, the translators had to face the challenge of deciphering the appropriate meanings and finding equivalents sufficiently conveying them. (shrink)

Buddhadhamma. Natural Law and Values for Life. Phra Prayudh Payutto. Translated by Grant A. Olsen. State University of New York Press, Albany, NY 1995. xxiv, 302 pp. Cloth $59.50, pbk $19.95. ISBN 0-7914-2631-9/2632-7.

It is widely held in translation studies that translation proper is not merely a process of linguistic transfer but also of cultural transfer. But how cultural transfer is effected or whether it can be effected is not at all clear. The study begins with a critical analysis of the problems relating to law translation in general and translating the common law into Chinese in particular. It then examines the nature of cultural transfer in law translation with special reference to (...) the translation of common law terminology. The study purports to set out the framework for legal translation as cultural transfer, in particular, for translating the common law into Chinese in Hong Kong. It argues that successful transfer of the legal culture of foreign laws always requires the adjustment of translating language and the employment of metalanguage. (shrink)

For students and the general reader, this is the best English translation of the entire 'Laws' available. I give several examples of important lines that are translated well in this edition, but I take issue with the translation of some other lines and with part of Schofield's introduction on grounds that these parts do not reveal Plato's political and cosmic holism as clearly as they could have.

Human genomics is a translational field spanning research, clinical care, public health, and direct-to-consumer testing. However, law differs across these domains on issues including liability, consent, promoting quality of analysis and interpretation, and safeguarding privacy. Genomic activities crossing domains can thus encounter confusion and conflicts among these approaches. This paper suggests how to resolve these conflicts while protecting the rights and interests of individuals sequenced. Translational genomics requires this more translational approach to law.

The study is aimed to test the governing-law anchor in the comparative analysis of legal terminology to harmonize the clash of legal cultures in legal translation. It is considered as an adjustment to a juritraductological approach to legal translation which invites legal translators to merge the tools of jurilinguistics, comparative law and traductology in the comparative analysis of legal concepts before selecting a suitable translation solution (Monjean-Decaudin, in: Research methods in legal translation and interpreting, Routledge, 2019). Rather than transposing a (...) text from a source law system to a target law system, legal translators are believed to operate in the bi-semiotic environment of two legal cultures as navigators of their recipients toward understanding the legal concepts under the governing law of the document. To this end a comparative conceptual analysis, that correlates with the parametrization method (Matulewska in Stud Logic Gramm Rhetor 45:161–174, 2016), should be anchored in the analysis of the source law concepts (Šarčević in New Approach to Legal Translation, Kluwer Law International, The Hague, 2000). First, the componential and taxonomic analyses were used to identify conceptual markers/parameters of source concepts to serve as tertia comparationis for the subsequent search of their functional equivalents in the target legal culture. Source concepts and their functional equivalents were subsequently subject to a comparative componential analysis aimed to reveal a degree of their match based on which coinage operations were activated in selecting suitable translation strategies. We hypothesized that the change in the governing-law perspective would trigger changes in translation solutions. The governing-law-anchored process of comparative analysis was detailed and exemplified by the analysis of the conceptual field of Homicide in the Slovak law, English law, and the US Model Penal Code. (shrink)

A translation that provides a complete picture of Vico as a forerunner of constructivist epistemology. It demonstrates that he was a critic of the enlightenment, a significant humanist and culture theorist who influenced Karl Marx and James Joyce.

The paper presents findings gathered in an exploratory, descriptive, corpus-based analysis of a parallel corpus composed of English corporate documents and their translations into Polish with regard to the frequency-related, binary strategy distribution pattern. In general, the author posits a distinctiveness of interlingual communication in the domain of law, as delineated by the institutional and disciplinary framework. The material extracted from the corpus and studied for its generic features points to the hermetic character of corporate written communication in English. The (...) thesis to be verified is whether there are any tendencies in the distribution of the translation strategies in the corpus texts. The research question was operationalised via coding the corpus extracts according to the binary strategy division scheme. Further, the data have been discussed in reference to the sociocultural background of the communicative situation covered under the analysis in order to account for the translators’ motivation. (shrink)

This essay addresses the legal meanings of the phrase hefa quanyi, an important Chinese legal phrase that is frequently found in many Chinese laws and legal documents, and whose interpretation is claimed by various scholars to affect the alienability of people’s rights. It first challenges the existing translations of the phrase into Italian and English. It secondly delves into its history and etymology, studying the legal meanings that the phrase has had in the various texts of the Constitution of China. (...) It is suggested that hefa quanyi is not the semantic and legal equivalent of Western ‘rights and interests’, but rather that the phrase retains its etymological meaning of ‘power and negatively-connoted profit’. It is further argued that the adjective hefa in the phrase is used to impose constraints on the rights and interests that the Chinese people are entitled to. (shrink)

Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the twentieth century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of that work. It (...) covers such topics as law and morality, the legal system and its hierarchical structure, the identity of law and state, and international law. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 209 Seiten: 357-370.