Session
Comparative law and language
The relationship between law and language is a complex and fascinating aspect of the current world of law. Natural language – intended as a means of communication – is one of the ingredients that ‘make up’ and express legal language, together with legal concepts and specific terms.
Translating legal concepts is more complex than, for instance, transferring the concepts from biology or medicine. Unlike in other sciences, in law, there isn’t any material reference to which a translation could be referred. For instance, the medical concept of ‘heart’ can be easily translated into Herz, cuore or cœur as the language is mediated by the materiality of the object. However, in law, legal concepts only have cultural connotations, rooted in their own history and culture, and cannot be translated literally.
Additionally, in the world, law is often expressed in more than one language and normative multilingualism is experiencing a phase of great expansion. Well-known examples are the multilingual Province of South Tyrol and the European Union.
Thus, learning legal translation means being aware of the above-mentioned characteristics of the world of law and being introduced to specific methods and strategies. Comparative law is the science whose first aim is measuring similarities and differences among the legal systems of the world. Therefore, its methodology is an indispensable tool for legal translation.
The course will introduce the participants to the science of Comparative Law, starting from the notions of ‘law’ and ‘norm’. Some methods of Comparative Law will be applied to the problems of legal translation, also by means of practical examples and a ‘serious game’.
Furthermore, the course will be dedicated to learning how the EU multilingualism has created a specific and unique legal terminology, but sometimes has caused language barriers and prevented EU citizens from enjoying their rights. The role of Comparative Law in favouring the transmission and circulation of EU rights will also be explored.
This course will provide the background and basics for anyone who works or wishes to work in legal translation and to better understand the legal backgrounds for translation in the legal domain.