Mind the Gap! Translation of Foreign Law Is Not What You Think

Abstract While much legal research involves foreign law and much of foreign law exists in a foreign language, the issue of translation has attracted limited theoretical attention only. In particular, few lawyers are aware of the work issuing from fields like literary criticism, philosophy, or translation studies. Urging acknowledgment and redress of such a serious epistemic deficit, basing itself on a critical approach to foreignness, this article offers a constructive guide to the making of just translations. A noteworthy feature of the argument concerns the formulation of conclusions that can fairly be expected to run counter-intuitively to a lawyer’s unexamined assumptions. Indeed, much of what is received as conventional wisdom about the translation of foreign law is either ill-considered or plain wrong.

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Main Author: LEGRAND,PIERRE
Format: Digital revista
Language:English
Published: Universidade Federal do Paraná 2021
Online Access:http://old.scielo.br/scielo.php?script=sci_arttext&pid=S2359-56392021000300601
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spelling oai:scielo:S2359-563920210003006012021-12-07Mind the Gap! Translation of Foreign Law Is Not What You ThinkLEGRAND,PIERRE comparative law foreign law critical theory translation interpretation Abstract While much legal research involves foreign law and much of foreign law exists in a foreign language, the issue of translation has attracted limited theoretical attention only. In particular, few lawyers are aware of the work issuing from fields like literary criticism, philosophy, or translation studies. Urging acknowledgment and redress of such a serious epistemic deficit, basing itself on a critical approach to foreignness, this article offers a constructive guide to the making of just translations. A noteworthy feature of the argument concerns the formulation of conclusions that can fairly be expected to run counter-intuitively to a lawyer’s unexamined assumptions. Indeed, much of what is received as conventional wisdom about the translation of foreign law is either ill-considered or plain wrong.info:eu-repo/semantics/openAccessUniversidade Federal do ParanáRevista de Investigações Constitucionais v.8 n.3 20212021-12-01info:eu-repo/semantics/articletext/htmlhttp://old.scielo.br/scielo.php?script=sci_arttext&pid=S2359-56392021000300601en10.5380/rinc.v8i3.83292
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language English
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author LEGRAND,PIERRE
spellingShingle LEGRAND,PIERRE
Mind the Gap! Translation of Foreign Law Is Not What You Think
author_facet LEGRAND,PIERRE
author_sort LEGRAND,PIERRE
title Mind the Gap! Translation of Foreign Law Is Not What You Think
title_short Mind the Gap! Translation of Foreign Law Is Not What You Think
title_full Mind the Gap! Translation of Foreign Law Is Not What You Think
title_fullStr Mind the Gap! Translation of Foreign Law Is Not What You Think
title_full_unstemmed Mind the Gap! Translation of Foreign Law Is Not What You Think
title_sort mind the gap! translation of foreign law is not what you think
description Abstract While much legal research involves foreign law and much of foreign law exists in a foreign language, the issue of translation has attracted limited theoretical attention only. In particular, few lawyers are aware of the work issuing from fields like literary criticism, philosophy, or translation studies. Urging acknowledgment and redress of such a serious epistemic deficit, basing itself on a critical approach to foreignness, this article offers a constructive guide to the making of just translations. A noteworthy feature of the argument concerns the formulation of conclusions that can fairly be expected to run counter-intuitively to a lawyer’s unexamined assumptions. Indeed, much of what is received as conventional wisdom about the translation of foreign law is either ill-considered or plain wrong.
publisher Universidade Federal do Paraná
publishDate 2021
url http://old.scielo.br/scielo.php?script=sci_arttext&pid=S2359-56392021000300601
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