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Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

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Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders


ISBN13: 9780190210335
To be Published: March 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £64.00



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.

Subjects:
Jurisprudence
Contents:
Introduction. Language and Law in the Whirlpool of Politics
Chapter One. Tracing Linguistic Management through Time: Law as a Lens
Chapter Two. Mapping a Global Phenomenon: The Spectacle of Official Multilingualism
Chapter Three. How Official Multilingualism Works: A Symbolic Jurisprudence
Chapter Four. Institutionalizing Multilingualism: Watchdogs on a Leash and the Bureaucratic Trap
Chapter Five. Creating Multilingual Legal Texts: Domination and Dependence
Chapter Six. Interpreting Multilingual Legislation: The Limits of Language and the Certainty of Uncertainty
Chapter Seven. Conferring Official Language Rights in Legal Communication: Access to Justice and Conflict of Laws
Chapter Eight. Concluding Remarks on Linguistic Equality, Strategic Pluralism and Linguistic Justice

Series: Oxford Studies in Language and Law

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Discourse, Identity, and Social Change in the Marriage Equality Debates ISBN 9780190217969
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Discursive Constructions of Consent in the Legal Process (eBook) ISBN 9780190613891
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Discursive Constructions of Consent in the Legal Process ISBN 9780199945351
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Confronting the Death Penalty: How Language Influences Jurors in Capital Cases ISBN 9780199334162
Published December 2015
Oxford University Press USA
£22.99
Confronting the Death Penalty: How Language Influences Jurors in Capital Cases (eBook) ISBN 9780190263904
Published December 2015
Oxford University Press USA
£20.82 + £4.16 VAT
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£46.67 + £9.33 VAT
(ePub)
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Speaking of Language and Law: Conversations on the Work of Peter Tiersma ISBN 9780199334186
Published September 2015
Oxford University Press
£56.00