Shallow equality and symbolic jurisprudence in multilingual legal orders / Janny H. C. Leung.
2019
K3259 .L48 2019 (Mapit)
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Author
Title
Shallow equality and symbolic jurisprudence in multilingual legal orders / Janny H. C. Leung.
Imprint
New York, NY : Oxford University Press, [2019]
Description
xii, 305 pages ; 25 cm.
Series
Oxford studies in language and law.
Formatted Contents Note
Introduction: Language and law in the whirlpool of politics
Tracing linguistic management through time: law as a lens
Mapping a global phenomenon: the spectacle of official multilingualism
How official multilingualism works: a symbolic jurisprudence
Institutionalizing multilingualism: watchdogs on a leash and the bureaucratic trap
Creating multilingual legal texts: domination and dependence
Interpreting multilingual legislation: the limits of language and the certainty of uncertainty
Conferring official language rights in legal communication: access to justice and conflict of laws
Concluding remarks on linguistic equality, strategic pluralism and linguistic justice.
Tracing linguistic management through time: law as a lens
Mapping a global phenomenon: the spectacle of official multilingualism
How official multilingualism works: a symbolic jurisprudence
Institutionalizing multilingualism: watchdogs on a leash and the bureaucratic trap
Creating multilingual legal texts: domination and dependence
Interpreting multilingual legislation: the limits of language and the certainty of uncertainty
Conferring official language rights in legal communication: access to justice and conflict of laws
Concluding remarks on linguistic equality, strategic pluralism and linguistic justice.
Summary
" What challenges face jurisdictions that attempt to conduct law in two or more languages? How does choosing a legal language affect the way in which justice is delivered? Answers to these questions are vital for the 75 officially bilingual and multilingual states of the world, as well as for other states contemplating a move towards multilingualism. Arguably such questions have implications for all countries in a world characterized by the pressures of globalization, economic integration, population mobility, decolonization, and linguistic re-colonization. For lawyers, addressing such challenges is made essential by the increased frequency and scale of transnational legal dealings and proceedings, as well as by the lengthening reach of international law. But it is not only policy makers, legislators, and other legal practitioners who must think about such questions. The relationship between societal multilingualism and law also raises questions for the burgeoning field of language and law, which posits--among other tenets--the centrality of language in legal processes. In this book, Janny H.C. Leung examines key aspects of legal multilingualism. Drawing extensively on case studies, she describes the implications of the legal, practical, and ideological dilemmas encountered in a given country when it becomes bilingual or multilingual, discussing such issues as: how legal certainty and the linguistic ideology of authenticity may be challenged in a multilingual jurisdiction; how courts balance the language preferences of different courtroom participants; and what historical, socio-political and economic factors may influence the decision to cement a given language as a jurisdiction's official language. Throughout, Leung elaborates a theory of "symbolic jurisprudence" to explore common dilemmas found across countries, despite their varied political and cultural settings, and argues that linguistic equality as proclaimed and practiced today is a shallow kind of equality. Although officially multilingual jurisdictions appear to be more inclusive than their monolingual counterparts, they run the risk of disguising substantive inequalities and displacing real efforts for more progressive social change. This is the first book to offer overarching discussion of how such issues relate to each other, and the first systematic study of legal multilingualism as a global phenomenon. "-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: Leung, Janny H. C., author. Shallow equality and symbolic jurisprudence in multilingual legal orders New York : Oxford University Press, 2019
Call Number
K3259 .L48 2019
Language
English
ISBN
9780190210335 hardcover
0190210338 hardcover
9780190210342 (updf)
9780190210359 (online content)
9780190930608 (epub)
0190210338 hardcover
9780190210342 (updf)
9780190210359 (online content)
9780190930608 (epub)
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