Research Catalog

Shallow equality and symbolic jurisprudence in multilingual legal orders

Title
Shallow equality and symbolic jurisprudence in multilingual legal orders [electronic resource] / Janny H.C. Leung.
Author
Leung, Janny.
Publication
New York : Oxford University Press, 2019.

Available Online

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  • Available onsite at NYPL

Details

Description
1 online resource.
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. "--
  • "This book offers a comprehensive account of official multilingualism and its legal ramifications. Janny H.C. Leung shows that while offering official status to multiple languages has become normalized, actual implementation and success vary. Despite often elaborate institutional adaptations, changes hardly ever challenge the status quo enjoyed by a dominant linguistic group. Leung argues that both "shallow equality" and "symbolic jurisprudence" are characteristics of official multilingualism driven by strategic pluralism"--
Series Statement
Oxford studies in language and law
Uniform Title
Shallow equality and symbolic jurisprudence in multilingual legal orders (Online)
Alternative Title
Shallow equality and symbolic jurisprudence in multilingual legal orders (Online)
Subject
  • Linguistic rights
  • Multilingualism
  • Linguistic minorities > Legal status, laws, etc
  • Law > Language
  • Discrimination in language
  • Language policy
Bibliography (note)
  • Includes bibliographical references and index.
Access (note)
  • Access restricted to authorized users.
Source of Description (note)
  • Description based on print version record and CIP data provided by publisher; resource not viewed.
Contents
Machine generated contents note: -- Introduction. Language and Law in the Whirlpool of Politics -- Chapter One. Tracing Linguistic Management through Time: Law as a Lens -- <strong>Chapter Two.</strong> Mapping a Global Phenomenon: The Spectacle of Official Multilingualism -- <strong>Chapter Three.</strong> How Official Multilingualism Works: A Symbolic Jurisprudence -- <strong>Chapter Four.</strong> Institutionalizing Multilingualism: Watchdogs on a Leash and the Bureaucratic Trap -- <strong>Chapter Five.</strong> Creating Multilingual Legal Texts: Domination and Dependence -- <strong>Chapter Six.</strong> Interpreting Multilingual Legislation: The Limits of Language and the Certainty of Uncertainty -- <strong>Chapter Seven.</strong> Conferring Official Language Rights in Legal Communication: Access to Justice and Conflict of Laws -- <strong>Chapter Eight.</strong> Concluding Remarks on Linguistic Equality, Strategic Pluralism and Linguistic Justice.
LCCN
2018041224
OCLC
ssj0002102658
Author
Leung, Janny.
Title
Shallow equality and symbolic jurisprudence in multilingual legal orders [electronic resource] / Janny H.C. Leung.
Imprint
New York : Oxford University Press, 2019.
Series
Oxford studies in language and law
Bibliography
Includes bibliographical references and index.
Access
Access restricted to authorized users.
Note
Description based on print version record and CIP data provided by publisher; resource not viewed.
Connect to:
Available from home with a valid library card
Available onsite at NYPL
Other Form:
Print version: Leung, Janny H. C., author. Shallow equality and symbolic jurisprudence in multilingual legal orders New York : Oxford University Press, 2019 9780190210335 (DLC) 2018031469
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