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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.
Bringing together leading academics hailing from different cultural
and scholarly horizons, this book revisits legal hermeneutics by
making particular reference to philosophy, sociology and
linguistics. On the assumption that theory has much to teach law,
that theory motivates and enables, the writings of such
intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques
Derrida, Paul Ricoeur, Giorgio Agamben, Jurgen Habermas, Ronald
Dworkin and Ludwig Wittgenstein receive special consideration. As
it explores the matter of reading the law and as it inquires into
the emergence of meaning within the dynamic between reader and text
against the background of the reader's worldly finiteness, this
collection of essays wishes to contribute to an improved
appreciation of the merits and limits of law's hermeneutics which,
it argues, is emphatically not to be reduced to a simple tool for
textual exegesis.
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 23 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. Yet, 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."
Bringing together leading academics hailing from different cultural
and scholarly horizons, this book revisits legal hermeneutics by
making particular reference to philosophy, sociology and
linguistics. On the assumption that theory has much to teach law,
that theory motivates and enables, the writings of such
intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques
Derrida, Paul Ricoeur, Giorgio Agamben, Jurgen Habermas, Ronald
Dworkin and Ludwig Wittgenstein receive special consideration. As
it explores the matter of reading the law and as it inquires into
the emergence of meaning within the dynamic between reader and text
against the background of the reader's worldly finiteness, this
collection of essays wishes to contribute to an improved
appreciation of the merits and limits of law's hermeneutics which,
it argues, is emphatically not to be reduced to a simple tool for
textual exegesis.
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