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Translating the Social World for Law - Linguistic Tools for a New Legal Realism (Paperback)
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Translating the Social World for Law - Linguistic Tools for a New Legal Realism (Paperback)
Series: Oxford Studies in Language and Law
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This volume examines the linguistic problems that arise in efforts
to translate between law and the social sciences. We usually think
of "translation" as pertaining to situations involving distinct
languages such as English and Swahili. But realistically, we also
know that there are many kinds of English or Swahili, so that some
form of translation may still be needed even between two people who
both speak English-including, for example, between English speakers
who are members of different professions. Law and the social
sciences certainly qualify as disciplines with quite distinctive
language patterns and practices, as well as different orientations
and goals. In coordinated papers that are grounded in empirical
research, the volume contributors use careful linguistic analysis
to understand how attempts to translate between different
disciplines can misfire in systematic ways. Some contributors also
point the way toward more fruitful translation practices. The
contributors to this volume are members of an interdisciplinary
working group on Legal Translation that met for a number of years.
The group includes scholars from law, philosophy, anthropology,
linguistics, political science, psychology, and religious studies.
The members of this group approach interdisciplinary communication
as a form of "translation" between distinct disciplinary languages
(or, "registers"). Although it may seem obvious that professionals
in different fields speak and think differently about the world, in
fact experts in law and in social science too often assume that
they can communicate easily when they are speaking what appears to
be the "same" language. While such experts may intellectually
understand that they differ regarding their fundamental assumptions
and uses of language, they may nonetheless consistently
underestimate the degree to which they are actually talking past
one another. This problem takes on real-life significance when one
of the fields is law, where how knowledge is conveyed can affect
how justice is meted out.
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