Chapter 12. Contextuality of interpretation in non-monolingual jurisdictions
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Diana Yankova
Abstract
Within the context of legal systems Canada manifests unique features originating in the co-existence of the two different legal systems of common law and civil law, worded respectively in English and French. Some converging and diverging elements of this idiosyncratic bijural and bilingual legal regime are examined and terminological issues arising in the process of harmonizing federal legislation with the Code Civil du Québec are discussed. The focus is on the procedure adopted in cases of conceptual and terminological non-correspondence, the drafting techniques employed, and the justification for choice in each particular instance contingent on the context, with the ultimate aim of providing optimal solutions regarding current pressing difficulties in the harmonization of legal terms in the supranational and multilingual system of the European Union.
Abstract
Within the context of legal systems Canada manifests unique features originating in the co-existence of the two different legal systems of common law and civil law, worded respectively in English and French. Some converging and diverging elements of this idiosyncratic bijural and bilingual legal regime are examined and terminological issues arising in the process of harmonizing federal legislation with the Code Civil du Québec are discussed. The focus is on the procedure adopted in cases of conceptual and terminological non-correspondence, the drafting techniques employed, and the justification for choice in each particular instance contingent on the context, with the ultimate aim of providing optimal solutions regarding current pressing difficulties in the harmonization of legal terms in the supranational and multilingual system of the European Union.
Chapters in this book
- Prelim pages i
- Table of contents vii
- Introduction 1
-
Part 1. Historical pragmatics
- Chapter 1. Pleading for life 21
- Chapter 2. “How came you not to cry out?” 41
- Chapter 3. Implicatures in Early Modern English courtroom records 65
- Chapter 4. Literal interpretation and political expediency 81
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Part 2. Pragmatics of legal writing and documents
- Chapter 5. Making legal language clear to legal laypersons 101
- Chapter 6. Interpreting or in legal texts 117
-
Part 3. Discourse in the courtroom and in police investigation
- Chapter 7. The nature of power and control in the interrogative patterns of selected Nigerian courtroom discourse 133
- Chapter 8. The language of Egyptian interrogations 157
- Chapter 9. Achieving influence through negotiation 181
- Chapter 10. “I really don’t know because I’m stupid” 203
-
Part 4. Legal discourse and multilingualism
- Chapter 11. On the balance between invariance and context-dependence 231
- Chapter 12. Contextuality of interpretation in non-monolingual jurisdictions 257
- Legal pragmatics - subject index proposal 277
Chapters in this book
- Prelim pages i
- Table of contents vii
- Introduction 1
-
Part 1. Historical pragmatics
- Chapter 1. Pleading for life 21
- Chapter 2. “How came you not to cry out?” 41
- Chapter 3. Implicatures in Early Modern English courtroom records 65
- Chapter 4. Literal interpretation and political expediency 81
-
Part 2. Pragmatics of legal writing and documents
- Chapter 5. Making legal language clear to legal laypersons 101
- Chapter 6. Interpreting or in legal texts 117
-
Part 3. Discourse in the courtroom and in police investigation
- Chapter 7. The nature of power and control in the interrogative patterns of selected Nigerian courtroom discourse 133
- Chapter 8. The language of Egyptian interrogations 157
- Chapter 9. Achieving influence through negotiation 181
- Chapter 10. “I really don’t know because I’m stupid” 203
-
Part 4. Legal discourse and multilingualism
- Chapter 11. On the balance between invariance and context-dependence 231
- Chapter 12. Contextuality of interpretation in non-monolingual jurisdictions 257
- Legal pragmatics - subject index proposal 277
