Translating the Social World for Law

Translating the Social World for Law
Title Translating the Social World for Law PDF eBook
Author Elizabeth Mertz
Publisher Oxford University Press
Pages 336
Release 2016-06-22
Genre Law
ISBN 0190619791

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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.

Translating the Social World for Law

Translating the Social World for Law
Title Translating the Social World for Law PDF eBook
Author Elizabeth Mertz
Publisher Oxford University Press
Pages 336
Release 2016-06-22
Genre Law
ISBN 0199990565

Download Translating the Social World for Law Book in PDF, Epub and Kindle

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.

The Oxford Handbook of Translation and Social Practices

The Oxford Handbook of Translation and Social Practices
Title The Oxford Handbook of Translation and Social Practices PDF eBook
Author Sara Laviosa
Publisher Oxford University Press
Pages 600
Release 2020-12-01
Genre Language Arts & Disciplines
ISBN 0190067225

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The discipline of translation studies has gained increasing importance at the beginning of the 21st century as a result of rapid globalization and the development of computer-based translation methods. Today, changing political, economic, health, and environmental realities across the world are generating previously unknown inter-language communication challenges that can only be understood through a socially-oriented and data-driven approach. The Oxford Handbook of Translation and Social Practices draws on a wide array of case studies from all over the world to demonstrate the value of different forms of translation - written, oral, audiovisual - as social practices that are essential to achieve sustainability, accessibility, inclusion, multiculturalism, and multilingualism. Edited by Meng Ji and Sara Laviosa, this timely collection illustrates the manifold interactions between translation studies and the social and natural sciences, enabling for the first time the exchange of research resources and methods between translation and other domains' experts. Twenty-nine chapters by international scholars and professional translators apply translation studies methods to a wide range of fields, including healthcare, environmental policy, geological and cultural heritage conservation, education, tourism, comparative politics, conflict mediation, international law, commercial law, immigration, and indigenous rights. The articles engage with numerous languages, from European and Latin American contexts to Asian and Australian languages, giving unprecedented weight to the translation of indigenous languages. The Handbook highlights how translation studies generate innovative solutions to long-standing and emerging social issues, thus reformulating the scope of this discipline as a socially-oriented, empirical, and ethical research field in the 21st century.

Human Rights & Gender Violence

Human Rights & Gender Violence
Title Human Rights & Gender Violence PDF eBook
Author Sally Engle Merry
Publisher University of Chicago Press
Pages 280
Release 2009-07-27
Genre Political Science
ISBN 0226520757

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Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.

Law, Language and Translation

Law, Language and Translation
Title Law, Language and Translation PDF eBook
Author Rosanna Masiola
Publisher Springer
Pages 105
Release 2015-02-21
Genre Law
ISBN 3319142712

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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).

The Oxford Handbook of Law and Anthropology

The Oxford Handbook of Law and Anthropology
Title The Oxford Handbook of Law and Anthropology PDF eBook
Author Marie-Claire Foblets
Publisher Oxford University Press
Pages 993
Release 2022
Genre Law
ISBN 0198840535

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The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Research Handbook on Modern Legal Realism

Research Handbook on Modern Legal Realism
Title Research Handbook on Modern Legal Realism PDF eBook
Author Shauhin Talesh
Publisher Edward Elgar Publishing
Pages 544
Release 2021-03-26
Genre Law
ISBN 1788117778

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This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.